Tax Planning & Compliance
Income-tax Act 2025 Section Mapping: Old 1961 Sections to New Section Numbers
The Income-tax Act, 1961 was repealed on 1 April 2026.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 year | Belated 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 year | Updated return (ITR-U) |
| 139(9) | 263(7) | Defective return |
| 140A | 266 | Self-assessment tax |
| 142(1) | 268 | Inquiry 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 |
| 144 | 271 | Best judgment assessment |
| 144B | 273 | Faceless assessment |
| 154 | 287 | Rectification of mistake |
| 156 | 289 | Notice of demand |
Reassessment
| Old section (1961) | New section (2025) | What it covers |
|---|---|---|
| 147 | 279 | Income escaping assessment |
| 148 | 280 | Notice for reassessment |
| 148A | 281 | Procedure before the notice (show-cause) |
| 149 | 282 | Time limits for the notice |
| 153 | 286 | Time limits for completing assessment and reassessment |
Business income, books, audit and presumptive tax
| Old section (1961) | New section (2025) | What it covers |
|---|---|---|
| 28 | 26 | Profits and gains of business or profession — charge |
| 29 | 27 | Manner of computing business income |
| 32 | 33 | Depreciation |
| 36(1)(vii) | 31 | Bad debts |
| 37(1) | 34 | General deductions |
| 40 | 35 | Amounts not deductible — including 40(a)(ia) TDS default and 40(b) partner remuneration |
| 40A | 36 | Expenses not deductible in certain cases — including related-party and cash payments |
| 43B | 37 | Deduction only on actual payment |
| 44AA | 62 | Maintenance of books of account |
| 44AB | 63 | Tax audit |
| 44AD / 44ADA / 44AE | 58 (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 |
|---|---|---|
| 45 | 67 | Capital gains — charge |
| 48 | 72 | Mode of computation |
| 49 | 73 | Cost with reference to certain modes of acquisition |
| 50 | 74 | Depreciable assets |
| 50AA | 76 | Market-linked debentures |
| 50B | 77 | Slump sale |
| 50C | 78 | Stamp-duty value as sale consideration (land and building) |
| 50CA | 79 | Unquoted shares — fair market value |
| 50D | 80 | Fair market value where consideration cannot be determined |
| 54 | 82 | Exemption — residential house sold, house bought |
| 54B | 83 | Exemption — agricultural land |
| 54D | 84 | Exemption — compulsory acquisition |
| 54EC | 85 | Exemption — investment in specified bonds |
| 54F | 86 | Exemption — any long-term asset sold, house bought |
| 111A | 196 | Tax on short-term gains on listed equity (20%) |
| 112 | 197 | Tax on long-term gains (12.5%) |
| 112A | 198 | Tax 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 |
|---|---|---|
| 70 | 108 | Set-off within the same head |
| 71 | 109 | Set-off against other heads |
| 71B | 110 | House property loss carried forward |
| 72 | 112 | Business loss carried forward |
| 73 | 113 | Speculation loss |
| 74 | 111 | Capital loss carried forward |
| 80 | 121 | Loss 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 / 17 | 15–16; 17–18 | Salary; perquisites |
| 16 | 19 | Deductions from salary (standard deduction) |
| 22 / 23 / 24 | 20 / 21 / 22 | House property — charge, annual value, deductions |
| 56 / 57 | 92 / 93 | Income from other sources; deductions |
Unexplained income
| Old section (1961) | New section (2025) | What it covers |
|---|---|---|
| 68 | 102 | Unexplained cash credits |
| 69 / 69B | 103 | Unexplained or understated investments |
| 69A | 104 | Unexplained money, bullion, jewellery |
| 69C | 105 | Unexplained expenditure |
| 69D | 106 | Amount borrowed or repaid on hundi |
| 115BBE | 195 | Tax on income under the sections above |
Deductions (old Chapter VI-A)
| Old section (1961) | New section (2025) | What it covers |
|---|---|---|
| 80C | 123 | Life insurance, PF, ELSS and similar |
| 80CCD | 124–125 | NPS contributions — employee and employer |
| 80D | 126 | Health insurance |
| 80DD / 80DDB | 127 / 128 | Disabled dependant; specified illnesses |
| 80E | 129 | Interest on education loan |
| 80EE / 80EEA | 130 / 131 | Interest on home loan (specified cases) |
| 80G | 133 | Donations |
| 80GG | 134 | Rent paid |
| 80TTA / 80TTB | 153 | Interest on deposits |
| 80U | 154 | Person with disability |
| 87A | 156 | Rebate |
| 89 | 157 | Relief for salary arrears |
Tax regimes and rates
| Old section (1961) | New section (2025) | What it covers |
|---|---|---|
| 115BAC | 202 | New tax regime — individuals and HUFs |
| 115BA / 115BAA / 115BAB | 199 / 200 / 201 | Concessional company rates |
| 90 / 91 | 159 / 160 | Double taxation relief — treaty and non-treaty |
Interest, fees and penalties
| Old section (1961) | New section (2025) | What it covers |
|---|---|---|
| 220 | 411 | Due date of demand; assessee in default |
| 221 | 412 | Penalty when tax in default |
| 234A | 423 | Interest — late return |
| 234B | 424 | Interest — advance tax shortfall |
| 234C | 425 | Interest — deferment of advance tax |
| 234D | 426 | Interest on excess refund |
| 234E | 427 | Fee — late TDS/TCS statement |
| 234F | 428(a) — ₹1,000 / ₹5,000 | Fee — late return |
| 244A | 437 | Interest on refunds |
| 270A | 439 | Penalty — under-reporting and misreporting |
| 271A | 441 | Failure to keep books |
| 271AAD | 444 | False entries in books |
| 271B | Now a fee under 428(c) — ₹75,000 for a delay up to one month, ₹1,50,000 after | Failure to get accounts audited |
| 271C | 448 | Failure to deduct TDS |
| 271CA | 449 | Failure to collect TCS |
| 271FA | 454 | Late statement of financial transactions (SFT) |
TDS, TCS, advance tax and cash limits
| Old section (1961) | New section (2025) | What it covers |
|---|---|---|
| 192 | 392 | TDS on salary |
| 193–194T | 393(1) and 393(3) — tables with payment codes | TDS on payments to residents |
| 195 | 393(2) | TDS on payments to non-residents |
| 197 | 395 | Lower or nil deduction certificate |
| 200 / 203A | 397 | Deductor’s statements; TAN |
| 201 | 398 | Assessee in default (deductor) |
| 206C | 394 | TCS |
| 207–211 | 403–408 | Advance tax — liability, computation, instalments |
| 269SS | 185 | Loans and deposits only through banking channels (₹20,000) |
| 269ST | 186 | Cash receipts of ₹2 lakh or more |
| 269T | 188 | Repayment 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 |
|---|---|---|
| 246A | 357 | Orders appealable to CIT(A) |
| 249 | 358 | Form of appeal and limitation |
| 253 | 362 | Appeal to ITAT |
| 260A | 365 | Appeal to High Court |
| 263 | 377 | Revision of orders prejudicial to revenue |
| 264 | 378 | Revision 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.
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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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