Summary: The New Income-Tax Bill, 2025, a 622-page document with 536 sections, 23 chapters, and 16 schedules, is set to replace the Income Tax Act of 1961, which spanned 880 pages. Introduced in parliament on February 13, 2025, the bill aims to simplify tax provisions for both taxpayers and administrators, fostering tax certainty and reducing litigation. While the bill restructures the act, it largely retains existing provisions, including the old and new tax regimes, capital gains calculations, and assessment procedures. The tax year is defined as the financial year commencing on April 1st, replacing the “previous year” concept. Changes include extending the audit report submission deadline to October 31st and the audit return filing deadline to November 30th. The bill presents sections in a tabular format for improved readability and omits certain redundant provisions. It renumbers sections numerically, removing alphanumeric designations. Key areas like exempted incomes, charitable institution income, deductions, and capital gains are addressed, with corresponding clause numbers provided. Despite the restructuring, the bill maintains the essence of the 1961 act, focusing on clarity and ease of understanding rather than substantial legal changes. It will be applicable from April 1, 2026.
The New Income-Tax Bill, 2025 is being introduced in parliament on Thursday February 13th, 2025 to replace more than six decades old income tax act, 1961. Taxation History in India has developed over the years. Briefly, following are the Income Tax Acts:-
- Income Tax Act, 1860.
- Income Tax Act, 1886.
- Income Tax Act, 1922
- Income Tax Act, 1961
- And now the Income Tax Bill 2025.
The New Income Tax Bill 2025 will comprise 622 pages as compared with the original income tax act, 1961 with its 880 pages, when it was launched.
The Bill contains 536 sections, 23 chapters and 16 schedules.
The objective of the New Tax Law is to simplify the provisions which are easy to understand for taxpayers and tax administrators, leading to tax certainty and reduced litigation.
The arrangement of chapters and clauses/sections is as under:-
Chapters | Reference | Clauses |
---|---|---|
Chapter-I | Preliminary | Clauses 1 to 3 |
Chapter-II | Basis of Charge | Clauses 4 to 10 |
Chapter-III | Incomes Which Do Not Form Part of Total Income | Clauses 11 and 12 |
Chapter-IV | Computation of Total Income | Clauses 13 to 95 |
Chapter-V | Income of Other Persons, Included in Total Income of Assessee | Clauses 96 to 100 |
Chapter-VI | Aggregation of Income | Clauses 101 to 107 |
Chapter-VII | Set Off, or Carry Forward and Set Off of Losses | Clauses 108 to 121 |
Chapter-VIII | Deductions to Be Made in Computing Total Income | Clauses 122 to 154 |
Chapter-IX | Rebates and Reliefs | Clauses 155 to 160 |
Chapter-X | Special Provisions Relating to Avoidance of Tax | Clauses 161 to 177 |
Chapter-XI | General Anti-Avoidance Rule | Clauses 178 to 184 |
Chapter-XII | Mode of Payment in Certain Cases, Etc. | Clauses 185 to 189 |
Chapter-XIII | Determination of Tax in Special Cases | Clauses 190 to 235 |
Chapter-XIV | Tax Administration | Clauses 236 to 261 |
Chapter-XV | Return of Income | Clauses 262 to 267 |
Chapter-XVI | Procedure for Assessment | Clauses 268 to 301 |
Chapter-XVII | Special Provisions Relating to Certain Persons | Clauses 302 to 355 |
Chapter-XVIII | Appeals, Revision and Alternate Dispute Resolutions | Clauses 356 to 389 |
Chapter-XIX | Collection and Recovery of Tax | Clauses 390 to 430 |
Chapter-XX | Refunds | Clauses 431 to 438 |
Chapter-XXI | Penalties | Clauses 439 to 472 |
Chapter-XXII | Offences and Prosecution | Clauses 473 to 498 |
Chapter-XXIII | Miscellaneous | Clauses 499 to 536 |
SALIENT FEATURES
- There are no substantive changes in the law rather it is continuation of the 1961 Act.
- The New Income Tax Law will be applicable w.e.f. 1/04/2026 i.e. for the period 01/04/2026 to 31/03/2027.
- Clause 3 of the Bill defines the tax year as under:-
For the purposes of this Act, “tax year” means the twelve months period of the financial year commencing on the 1st April.
This clause replaces old section 3 which defined Previous Year. There will be no reference to previous year and assessment year in the New Code.
- Income Tax Act 1961 contained numeric and alpha numeric sections, provisos and explanations whereas Income Tax Bill contains only numeric sections.
- There is continuation of old tax regime and new tax regime.
- There is no change in provisions relating to assessment and re assessment of income escaping assessment.
- There is continuation of provisions relating to short term capital gains and long term capital gains.
- Date for submission of Audit report have been extend to 31st of October and Date of filing of Audit return have been extend to 30th of November.
- New Income Tax bill contains various sections in tabular form which are easy to understand.
- Certain redundant provisions not incorporated.
- Following is the list of important sections under Income Tax Act, 1961 and clause no. of the Income Tax Bill, 2025.
Particular | Income Tax Act, 1961 |
Income Tax Bill, 2025 |
Exempted Incomes | Section 10 | Schedule II to VI |
Income of Political parties | Section 13A and 13B | Schedule VIII |
Income of Charitable Institutions | Section 11 to 13 | Section 332 to 355 and Schedule XVI |
Heads of income. | Section 14 | Section 13 |
Deductions from income from house property | Section 24 | Section 22 |
Deduction for depreciation | Section 32 | Section 33 |
Certain deductions to be only on actual payment | Section 43B | Section 37 |
Special provision for computing profits and gains of business profession on presumptive basis in case of certain residents. |
Section 44AD/ 44ADA/44AE |
Section 58 |
Maintenance of books of account. | Section 44AA | Section 62 |
Tax audit | Section 44AB | Section 63 |
Capital gains | Section 45 | Section 67 |
Transactions not regarded as transfer. | Section 47 | Section 70 |
Mode of computation of capital gains | Section 48 | Section 72 |
Cost with reference to certain modes of acquisition. | Section 49 | Section 73 |
Profit on sale of property used for residence | Section 54 | Section 82 |
Capital gain not to be charged on investment in certain bonds |
Section 54EC | Section 85 |
Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house |
Section 54F | Section 86 |
Income from other sources | Section 56 | Section 92 |
Deduction for life insurance premia, deferred annuity, contributions to provident fund, etc. |
Section 80C | Section 123 |
Deduction in respect of health insurance premia | Section 80D | Section 126 |
Deduction in respect of income of co-operative societies. |
Section 80P | Section 149 |
Rebate of income-tax in case of certain individuals | Section 87A | Section 156 |
Mode of taking or accepting certain loans, deposits and specified sum |
Section 26955 | Section 185 |
Mode of undertaking transactions | Section 269ST | Section 186 |
Mode of repayment of certain loans or deposits. | Section 269T | Section 188 |
Tax on short-term capital gains in certain cases. | Section lllA | Section 196 |
Tax on long-term capital gains | Section 112 | Section 197 |
Tax on long-term capital gains in certain cases. | Section 1 l 2A | Section 198 |
New tax regime for individuals, Hindu undivided family and others |
Section l l 5BAC |
Section 202 |
Return of income | Section 139 | Section 263 |
Self-assessment | Section 140A | Section 266 |
Assessment | Section 143 | Section 270 |
Best judgment assessment | Section 144 | Section 271 |
Income escaping assessment | Section 147 | Section 279 |
Salary and accumulated balance due to an employee. |
Section 192/ 192A |
Section 392 |
Tax to be deducted at source. | Section 194A / l94C/194H / 1941/ l 94J etc. |
Section 393 |
Collection of tax at source | Section 206C | Section 394 |
Disclaimer: This write up has been prepared in a short span of time as the time available for going through the voluminous provisions was very short. Readers are requested to cross check the various provisions.