Income Tax Act, 2025  ·  Chapter XXII — Miscellaneous  ·  Section 536

Section 536
Repeal and savings

IT Act 2025 Chapter XXII Effective 1 April 2026 Old: 297
New Provision
Section 536, IT Act 2025
Replaces (IT Act 1961)
297
Chapter
Chapter XXII — Miscellaneous
Effective From
1 April 2026
Statutory Text — Section 536

he Income-tax Act, 1961 is hereby repealed. (2) Irrespective of the repeal of the Income-tax Act, 1961 (herein referred to as the repealed Income-tax Act), and subject to sub-section (3)— (a) nothing shall affect the previous operation of the repealed Income- tax Act and orders or anything duly done or suffered thereunder; or (b) nothing shall affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Income-tax Act or orders under such repealed Act; (c) the provisions of the repealed Income-tax Act shall continue to apply to any proceeding pending on the date of commencement of this Act and to any proceedings initiated on after the 1st April, 2026 (including notices, assessment, re-assessment, recomputation, rectification, penalty, reference, revision and appeals) in respect of any tax year beginning before the 1st April, 2026 and such proceedings shall be carried out as per the procedure specified in the repealed Income-tax Act;

(d) any proceeding for the imposition of a penalty in respect of any tax year beginning before the 1st April, 2026, may be initiated and any such penalty may be imposed under the repealed Income-tax Act, as if this Act had not been enacted; (e) any proceeding pending on the commencement of this Act before any income-tax authority or any other authority constituted under the repealed Income-tax Act, Appellate Tribunal, or any court, by way of application, appeal, reference or revision or by any other means, shall be continued and disposed of as if this Act had not been enacted; (f) any election or declaration made, or option exercised, by an assessee under any provision of the repealed Income-tax Act and in force immediately before the commencement of this Act shall be deemed to have been an election or declaration made, or option exercised, under the corresponding provision of this Act; (g) where in respect of any proceeding relating to any tax year beginning before the 1st April, 2026,— (i) a refund falls due after commencement of this Act; or (ii) default is made after such commencement in the payment of any sum due under such proceeding, the provisions of this Act, relating to interest payable by the Central Government on refunds and interest payable by the assessee for default, shall apply for the period after the commencement of this Act; (h) where any deduction has been allowed or any amount has not been included in the total income of any person, subject to fulfilment of certain conditions for any tax year beginning before the 1st April, 2026, and in case of violation of such conditions in any tax year beginning on or after 1st April, 2026, any sum (on account of deduction earlier allowed or amount not included) was required to be included in the total income of such subsequent tax year under the repealed Income-tax Act if it had not been so repealed, then such sum shall be— (i) deemed to be the income of the tax year in which the violation takes place; and (ii) included in the total income of the said person under the same head of income as it would have been included under the repealed Income-tax Act; (i) any sum payable under the repealed Income-tax Act may be recovered under this Act without prejudice to any action already taken for the recovery of such sum under repealed Income-tax Act; (j) any agreement entered into, appointment made, approval given, recognition granted, circular, direction, instruction, notification, order or rule

Shahi & Co. — Our Understanding
Section 536 formally repeals the Income Tax Act, 1961 and provides savings provisions — ensuring that assessments, proceedings, penalties, and rights pending under the old Act are preserved and continue to be governed by it.
Practical Note: Pending assessments, appeals, and refunds under the Income Tax Act, 1961 will continue to be processed under that Act even after 1 April 2026. Only income earned from Tax Year 2026-27 onwards falls under the new Act.
Shahi & Co., Chartered Accountants
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Disclaimer: This is a reproduction of Section 536 of the Income Tax Act, 2025 (No. 30 of 2025) as published in the Official Gazette of India (CG-DL-E-22082025-265620) for informational and reference purposes only. Shahi & Co., Chartered Accountants makes no warranty as to completeness or accuracy. For the official authenticated text refer to egazette.gov.in or incometaxindia.gov.in. This does not constitute legal or tax advice.