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Tax Planning & Compliance

Income-tax Act 2025 Section Mapping: Old 1961 Sections to New Section Numbers

CA Pardeep Jha 11 min read

The Income-tax Act, 1961 was repealed on 1 April 2026. Its replacement, the Income-tax Act, 2025, keeps most of the substance but renumbers almost everything — 44AD is now Section 58, 143(2) is 270(8), 270A is 439, and the whole 194-series of TDS sections is a single Section 393 with tables.

This page maps the old numbers to the new ones for the provisions we see every week in practice. Every row was checked against the text of the Act as amended by the Finance Act 2026 — not taken from a secondary list.

“Tax year” replaces “previous year” and “assessment year.” Under the new Act, income of the year 1 April 2026 – 31 March 2027 is simply the income of tax year 2026-27. There is no separate assessment year. Searches, forms and most people will still say “FY”, and that is fine — FY 2026-27 and tax year 2026-27 are the same twelve months.


Returns, processing and assessment

Old section (1961)New section (2025)What it covers
139(1)263(1)Return of income, due dates
139(4)263(4) — within 9 months from the end of the tax yearBelated return
139(5)263(5) — within 12 months from the end of the tax year (fee after 9 months)Revised return
139(8A)263(6) — within 48 months from the end of the year following the tax yearUpdated return (ITR-U)
139(9)263(7)Defective return
140A266Self-assessment tax
142(1)268Inquiry before assessment
143(1)270(1) — time limit in 270(4)Processing and intimation
143(2)270(8) — time limit in 270(9)Scrutiny notice
143(3)270(10)Scrutiny assessment order
144271Best judgment assessment
144B273Faceless assessment
154287Rectification of mistake
156289Notice of demand

Reassessment

Old section (1961)New section (2025)What it covers
147279Income escaping assessment
148280Notice for reassessment
148A281Procedure before the notice (show-cause)
149282Time limits for the notice
153286Time limits for completing assessment and reassessment

Business income, books, audit and presumptive tax

Old section (1961)New section (2025)What it covers
2826Profits and gains of business or profession — charge
2927Manner of computing business income
3233Depreciation
36(1)(vii)31Bad debts
37(1)34General deductions
4035Amounts not deductible — including 40(a)(ia) TDS default and 40(b) partner remuneration
40A36Expenses not deductible in certain cases — including related-party and cash payments
43B37Deduction only on actual payment
44AA62Maintenance of books of account
44AB63Tax audit
44AD / 44ADA / 44AE58 (limits, rates and the five-year rule unchanged)Presumptive taxation — business, profession, goods carriages

Capital gains

Old section (1961)New section (2025)What it covers
4567Capital gains — charge
4872Mode of computation
4973Cost with reference to certain modes of acquisition
5074Depreciable assets
50AA76Market-linked debentures
50B77Slump sale
50C78Stamp-duty value as sale consideration (land and building)
50CA79Unquoted shares — fair market value
50D80Fair market value where consideration cannot be determined
5482Exemption — residential house sold, house bought
54B83Exemption — agricultural land
54D84Exemption — compulsory acquisition
54EC85Exemption — investment in specified bonds
54F86Exemption — any long-term asset sold, house bought
111A196Tax on short-term gains on listed equity (20%)
112197Tax on long-term gains (12.5%)
112A198Tax on long-term gains on listed equity (12.5% above ₹1.25 lakh)

Set-off and carry-forward of losses

Old section (1961)New section (2025)What it covers
70108Set-off within the same head
71109Set-off against other heads
71B110House property loss carried forward
72112Business loss carried forward
73113Speculation loss
74111Capital loss carried forward
80121Loss must be in a return filed by the due date

Section 121 is the one F&O traders should know: a loss is carried forward only if it was determined on a return filed under Section 263(1) — on time. The rule did not soften.

Salary, house property and other sources

Old section (1961)New section (2025)What it covers
15 / 1715–16; 17–18Salary; perquisites
1619Deductions from salary (standard deduction)
22 / 23 / 2420 / 21 / 22House property — charge, annual value, deductions
56 / 5792 / 93Income from other sources; deductions

Unexplained income

Old section (1961)New section (2025)What it covers
68102Unexplained cash credits
69 / 69B103Unexplained or understated investments
69A104Unexplained money, bullion, jewellery
69C105Unexplained expenditure
69D106Amount borrowed or repaid on hundi
115BBE195Tax on income under the sections above

Deductions (old Chapter VI-A)

Old section (1961)New section (2025)What it covers
80C123Life insurance, PF, ELSS and similar
80CCD124–125NPS contributions — employee and employer
80D126Health insurance
80DD / 80DDB127 / 128Disabled dependant; specified illnesses
80E129Interest on education loan
80EE / 80EEA130 / 131Interest on home loan (specified cases)
80G133Donations
80GG134Rent paid
80TTA / 80TTB153Interest on deposits
80U154Person with disability
87A156Rebate
89157Relief for salary arrears

Tax regimes and rates

Old section (1961)New section (2025)What it covers
115BAC202New tax regime — individuals and HUFs
115BA / 115BAA / 115BAB199 / 200 / 201Concessional company rates
90 / 91159 / 160Double taxation relief — treaty and non-treaty

Interest, fees and penalties

Old section (1961)New section (2025)What it covers
220411Due date of demand; assessee in default
221412Penalty when tax in default
234A423Interest — late return
234B424Interest — advance tax shortfall
234C425Interest — deferment of advance tax
234D426Interest on excess refund
234E427Fee — late TDS/TCS statement
234F428(a) — ₹1,000 / ₹5,000Fee — late return
244A437Interest on refunds
270A439Penalty — under-reporting and misreporting
271A441Failure to keep books
271AAD444False entries in books
271BNow a fee under 428(c) — ₹75,000 for a delay up to one month, ₹1,50,000 afterFailure to get accounts audited
271C448Failure to deduct TDS
271CA449Failure to collect TCS
271FA454Late statement of financial transactions (SFT)

TDS, TCS, advance tax and cash limits

Old section (1961)New section (2025)What it covers
192392TDS on salary
193–194T393(1) and 393(3) — tables with payment codesTDS on payments to residents
195393(2)TDS on payments to non-residents
197395Lower or nil deduction certificate
200 / 203A397Deductor’s statements; TAN
201398Assessee in default (deductor)
206C394TCS
207–211403–408Advance tax — liability, computation, instalments
269SS185Loans and deposits only through banking channels (₹20,000)
269ST186Cash receipts of ₹2 lakh or more
269T188Repayment of loans and deposits through banking channels

Every TDS row, payment code and form is in our TDS rate chart for FY 2026-27 under Section 393, which also has a printable PDF.

Appeals and revision

Old section (1961)New section (2025)What it covers
246A357Orders appealable to CIT(A)
249358Form of appeal and limitation
253362Appeal to ITAT
260A365Appeal to High Court
263377Revision of orders prejudicial to revenue
264378Revision of other orders

What changed beyond the numbering

Most of the renumbering is cosmetic. These changes, all in the text of the Act as amended by the Finance Act 2026, are not:

1. Revised returns get twelve months. Section 263(5) allows a revised return within twelve months from the end of the tax year — for tax year 2026-27, until 31 March 2028, where the old nine-month rule would have stopped at 31 December 2027. A revised return filed after nine months attracts a fee under Section 428(b): ₹1,000 where total income is up to ₹5 lakh, ₹5,000 otherwise.

2. An updated return can now answer a reassessment notice. Under Section 263(6)(b)(ii), a person who receives a notice under Section 280 (the old 148) may respond by filing an updated return within the time in the notice. The old Act barred an updated return once reassessment had begun.

3. A narrow opening for loss years. Section 263(6)(b)(i) allows an updated return for a year in which a loss return was filed on time, if the updated return is a return of income or reduces the loss. An updated return still cannot create or increase a loss.

4. The tax-audit penalty became a fixed fee. The old 271B penalty — 0.5% of turnover, capped at ₹1.5 lakh — is gone for the new Act. Failing to get accounts audited under Section 63 now attracts a fee under Section 428(c) of ₹75,000 for a delay of up to one month and ₹1,50,000 after that, regardless of turnover. For small businesses with an audit obligation this is a sharper cost than before.

5. TDS identifies payments by code, not section. Non-salary TDS sits in Section 393’s tables. Returns (Forms 140 and 144, replacing 26Q and 27Q) identify each payment by a four-digit payment code, and a return quoting an old section for a post-April payment fails validation.


How to use this map

  • Reading a notice? Check which year it concerns first. A notice for AY 2026-27 or earlier cites 1961 sections — reply under those. Our income-tax notice reply practice and guides to 143(1) intimations and 148A reassessment notices are written for exactly those cases.
  • Deducting TDS on a payment made after 1 April 2026? Use Section 393 and the payment code, not the old section.
  • Presumptive or audit decisions for tax year 2026-27? The limits in Section 58 and Section 63 are the same as 44AD/44ADA and 44AB — see our 44AD and 44ADA guide and F&O tax audit guide.
  • Agreements, invoices and board resolutions that quote section numbers should be updated for anything effective after 1 April 2026.

Frequently Asked Questions

What is Section 44AD called in the Income-tax Act 2025?

Presumptive taxation under old Sections 44AD, 44ADA and 44AE is now Section 58 of the Income-tax Act 2025. The turnover limits, presumptive rates and the five-year rule are unchanged.

What is the new section for tax audit under 44AB?

Tax audit is Section 63 of the Income-tax Act 2025. The penalty for not getting accounts audited has been replaced by a fee under Section 428(c): ₹75,000 for a delay of up to one month and ₹1,50,000 after that.

Which section replaces 143(1) and 143(2)?

Processing of returns and intimations (old 143(1)) is Section 270(1). The scrutiny notice (old 143(2)) is Section 270(8), with the time limit in 270(9), and the scrutiny order (old 143(3)) is 270(10).

Do notices issued in 2026 use the old section numbers?

Yes, if they concern AY 2026-27 or an earlier year. Section 536 of the new Act keeps the 1961 Act in operation for those years, so the notice and your reply use 1961 numbers. The new numbers apply from tax year 2026-27.

What replaced the assessment year?

The Income-tax Act 2025 uses a single “tax year” — the twelve months from 1 April to 31 March in which the income is earned. Tax year 2026-27 is the same period as FY 2026-27; there is no separate assessment year.


CA Pardeep Jha

Written by

CA Pardeep Jha

Chartered Accountant · ICAI Membership No. 520555 · FRN 024234N. 15+ years advising MSMEs, startups, NRIs, and high-growth businesses on tax, compliance, and financial automation.

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