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New Income Tax Act 2025 vs. Income Tax Act 1961: What Changes for You?

By Santosh Kumar May 21, 2026 4

The Headline Summary: New Act, Same Taxes

For most people, there is no change in the actual tax rate, rebate amount, or deadline for filing returns under the New Income Tax Act 2025. It is only in relation to structure, numbering, terminology, and a few other sections where there has been any alteration.

Feature

Status Under ITA 2025

Income Tax Rates (New Regime)Unchanged
Income Tax Rates (Old Regime)Unchanged
Deduction Limits (80C Equivalent)Unchanged – ₹1.5 lakh
Section 87A RebateUnchanged – ₹60,000 up to ₹12 lakh income
Standard DeductionUnchanged – ₹75,000 for salaried taxpayers
Advance Tax ScheduleUnchanged
Capital Gains Holding PeriodsUnchanged
STCG on EquityUnchanged – 20%
LTCG on EquityUnchanged – 12.5% above ₹1.25 lakh
ITR Filing DeadlineUnchanged – 31 July for most individuals
Previous Court JudgmentsContinue to Apply

The major difference lies in the formatting of the new act itself. Under the new Income Tax Act 2025, there will be new section numbers, new terminologies, new forms, and a few new sections, including one on share buyback, HRA cities, and children’s education allowance.

Which Act Governs Your Current Filing?

The New Income Tax Act 2025 does not become applicable immediately for filing tax returns. Your tax return will be governed by a law based on the financial year in which you are filing your taxes.

Income Earned In

Return Filing Period

Governing Act

FY 2025–26 (Apr 2025 to Mar 2026)July 2026 (AY 2026–27)Income Tax Act, 1961
Tax Year 2026–27 (Apr 2026 to Mar 2027)July 2027New Income Tax Act, 2025
FY 2024–25 and EarlierFiled or PendingIncome Tax Act, 1961

For example, if you file an income tax return in July 2026 for the financial year 2025-26, then the Income Tax Act, 1961 will still be governing. All the existing sections such as 80C, 80D, 115BAC, and 194J will also apply. Furthermore, existing forms such as Forms 16, 16A, and Forms 15G/15H will also be valid.

The applicability of the New Income Tax Act 2025 will start after the financial year commencing April 2026. This means that the first income tax return filing  will likely be filed in July 2027.

Change 1: Tax Year Replaces Assessment Year and Previous Year

One of the significant amendments in the New Income Tax Act 2025 is the concept of ‘Tax Year,’ which takes over the usage of ‘Previous Year’ and ‘Assessment Year.’

In the Income Tax Act, 1961, taxpayers were required to apply two concepts: “Previous Year,” relating to the year when income is earned, and “Assessment Year,” referring to the year when the tax return is submitted. In the current tax act, there is only one concept of ‘Tax Year’ that refers to the fiscal year in question.

For instance, Tax Year 2026–27 means income earned during April 2026 through March 2027, with the tax return being submitted in July 2027. If you file your tax return in July 2026 for FY 2025–26, you will continue using the former concept.

Change 2: Section Numbers Renumbered (Nearly Every Section Changed)

In terms of provisions under the New Income Tax Act 2025, the sections have undergone a full re-numbering process. Even though the tax provisions themselves remain essentially the same, taxpayers must get used to the changed numbering system of sections.

What It Covers

Income Tax Act, 1961

Income Tax Act, 2025

80C Investments (PPF, ELSS, PF)Section 80CSection 150
Health Insurance PremiumSection 80DSection 151
New Tax RegimeSection 115BACSection 202
TDS on SalarySection 192Section 392
TDS on Non-Salary PaymentsSections 193–194TSection 393
Tax Collected at Source (TCS)Section 206CSection 394
Self-Assessment TaxSection 140ASection 309
Return of IncomeSection 139Section 263
Tax AuditSection 44ABSection 63
Search and SeizureSection 132Section 247

Re-numbering is among the most prominent differences, although it does not affect taxation itself. The taxpayers who file their returns in July 2026 for FY 2025-26 would use the previous numbering system, such as Sections 80C, 80D, and 115BAC. These newly numbered sections will become applicable for return filing starting July 2027.

Change 3: Forms Renamed

The New Income Tax Act 2025 also includes the introduction of new form numbers, though the use of most of the forms is similar to before.

Old Form (Income Tax Act, 1961)

New Form (Income Tax Act, 2025)

Effective From

Form 16 (Salary TDS Certificate)Form 130June 2027
Form 16A (Non-Salary TDS Certificate)Form 131June 2027
Form 15GForm 121FY 2026–27
Form 15HForm 121FY 2026–27
Form 3CD (Tax Audit Report)Form 26Tax Year 2026–27

Form 15G and Form 15H will be replaced by one single form called Form 121. In a similar manner, the names Form 16 and Form 16A will be changed to Form 130 and Form 131 respectively.

If you file your income tax returns in July 2026 for the fiscal year 2025-26, there are no differences at all. Your employer will continue issuing Form 16, and all forms will retain their existing name until June 2027.

Change 4: TDS Provisions Consolidated

The TDS provisions in the Income Tax Act 1961 had been scattered over many sections. The new income tax act 2025 has made things easy for businesses by concentrating TDS rules into two major sections—Section 392 for TDS from salary and Section 393 for TDS on all other than salary payments.

Nothing will change for business regarding the rate, threshold, and compliance rules. Business entities just have to make amendments in their software after Tax Year 2026-27.

Change 5: Substantive Changes (Where Tax Position Actually Changed)

While most tax rules remain the same, the New Income Tax Act 2025 introduces a few substantive changes that can directly affect taxpayers and investors.

A. Share Buyback—Now Capital Gains (Major Change for Investors)

The tax treatment of share buyback proceeds has changed from dividend taxation to capital gains taxation. This may result in more favourable treatment for many retail investors, while promoters and promoter-held entities may face specified tax rates under the new framework.

B. HRA — 4 New Cities Added to 50% Tier

The 50% HRA exemption category under the old tax regime, previously limited to Delhi, Mumbai, Kolkata, and Chennai, is proposed to include Bengaluru, Pune, Hyderabad, and Ahmedabad. Employees in these cities may be able to claim a higher HRA exemption.

C. Children’s Education Allowance — 30x Increase

The exemption limit for children’s education allowance is proposed to increase significantly, offering a higher deduction under the old tax regime for eligible taxpayers with school-going children.

D. PAN Quoting Requirements — Streamlined

PAN quoting requirements are being streamlined to focus on high-value and higher-risk transactions while reducing compliance for smaller routine transactions.

Change 6 — The ITR Portal — Two Tabs Explained

From April 2026, the income tax e-filing portal is expected to display two separate tabs to help taxpayers file returns under the correct law.

  • Income Tax Act, 1961 — For income earned before 1 April 2026, including FY 2025–26 and earlier years.
  • Income Tax Act, 2025 — For income earned from 1 April 2026 onward, beginning with Tax Year 2026–27.

If you are filing your return in July 2026 for income earned during FY 2025–26, you should continue to use the Income Tax Act, 1961 tab. The new tab under the Income Tax Act, 2025 will apply only to returns filed for income earned from April 2026 onward.

What Has Not Changed in the New Tax Act 

For most taxpayers, the New Income Tax Act 2025 does not change the core rules used to calculate and file income tax. The following provisions continue to remain the same.

  • Income tax slabs and rates under both the old and new tax regimes
  • Section 87A rebate, including zero tax on eligible income up to ₹12 lakh under the new regime
  • Standard deduction of ₹75,000 for salaried taxpayers under the new regime
  • Deduction limits under Section 80C (renumbered, but limit remains ₹1.5 lakh)
  • Health insurance deduction limits under Section 80D
  • Home loan interest deduction limits
  • Capital gains tax rates and holding periods
  • Advance tax due dates and payment schedule
  • ITR filing deadline of 31 July for most individual taxpayers
  • Five heads of income used for tax computation
  • Residential status rules
  • Double Taxation Avoidance Agreement (DTAA) benefits
  • Existing Supreme Court and High Court judgments, which continue to apply under equivalent provisions

In short, while the law has been reorganized and renumbered, the basic tax rules and benefits that most individuals rely on remain unchanged.

Why TaxBiz?

The transition to the New Income Tax Act 2025 may create confusion around section numbers, form names, and the correct law for each filing year.

TaxBiz has helped over 5 million Indians file income tax returns accurately. Our ICAI-registered CAs ensure your return is filed under the correct Act with the right forms and provisions.

How TaxBiz Helps You

  • Correct Act determination for each filing year
  • ITR-1, ITR-2, ITR-3, and ITR-4 filing
  • HRA optimisation and tax planning
  • TDS section mapping for businesses
  • Notice response support
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