Quick Answer
The Income-tax Act, 2025 (30 of 2025) received Presidential assent on 21 August 2025 and commenced on 1 April 2026. It repeals the Income-tax Act, 1961 but contains a comprehensive repeal and savings provision (Section 92) in Chapter XXIII that preserves continuity for brought-forward losses, depreciation WDV, MAT/AMT credit, capital gains cost of acquisition, pending assessments and appeals, ongoing searches, and advance rulings. Key principle: tax years commencing on 1 April 2025 or earlier continue to be governed by the repealed 1961 Act; tax year 2026-27 onwards is governed by the new Act. Transitional items — brought-forward losses, WDV, MAT credit — carry forward unchanged. The General Clauses Act, 1897 provides a statutory safety net. This guide covers every transitional rule relevant for tax year 2026-27.
Last Updated: 15 April 2026 | Applicable From: Tax Year 2026-27 (1 April 2026 onwards) | Reference: Income-tax Act, 2025 (30 of 2025), as amended by Finance Act, 2026; Section 92 (Repeal and Savings), Chapter XXIII
When one legislation replaces another after six decades, the transitional rules matter more than the substantive changes. A business with ₹5 crore of accumulated losses, a company with ₹2 crore of MAT credit, or an individual with pre-2026 capital assets about to be sold — all need a clear answer: does the new Act honour what I earned under the old Act? The Income-tax Act, 2025 provides that answer in Section 92 of Chapter XXIII — a detailed repeal and savings provision that preserves practically every accrued right under the 1961 Act and carries it into the new regime. This guide walks through each transitional rule for tax year 2026-27.
Definition — Repeal and Savings: A statutory provision that repeals an earlier law while simultaneously “saving” specified rights, obligations, proceedings, and items from the repealed law so they continue to operate under the new law. Section 92 of the Income-tax Act, 2025 is the repeal and savings provision that repeals the Income-tax Act, 1961 and preserves transitional items.
Definition — Tax Year (2025 Act) vs Previous Year (1961 Act): The 2025 Act uses “tax year” as its primary temporal concept, replacing the dual “previous year” (period in which income is earned) and “assessment year” (year in which it is assessed) used under the 1961 Act. References in the 2025 Act to tax years commencing on 1 April 2025 or earlier are deemed references to the corresponding previous year under the 1961 Act.
Two clean rules govern the transition: (1) Any right or obligation already accrued under the 1961 Act is preserved — brought-forward losses, depreciation WDV, MAT/AMT credit, cost of acquisition of capital assets, TDS/TCS credit, and exemptions under old notifications all carry forward unchanged. (2) Any proceeding already initiated under the 1961 Act continues under the 1961 Act — pending scrutiny, reassessment, search, appeal, revision, and advance ruling proceedings proceed to completion under the old Act’s procedure. The new Act’s provisions apply prospectively to tax year 2026-27 and subsequent years, but the statutory translation rule ensures that “tax year 2025-26 or earlier” in the new Act is read as “previous year under the 1961 Act”. This preserves continuity while enabling the new framework to operate cleanly for fresh items.
Section 92 of Chapter XXIII of the Income-tax Act, 2025 is the single statutory home of the transition. It does three things:
The drafting of Section 92 closely follows the Sec 297 repeal and savings provision of the 1961 Act — which itself repealed the Indian Income-tax Act, 1922 and preserved continuity from that Act. The legislative drafters of the 2025 Act learnt from six decades of experience with the 1961 Act’s transition to minimise ambiguity.
Brought-forward losses determined under the 1961 Act are fully honoured under the 2025 Act:
| Type of loss | Carry-forward period | Set-off against |
|---|---|---|
| Business loss (non-speculation) | 8 years | Any business income (non-speculation) |
| Speculation loss | 4 years | Speculation income only |
| Unabsorbed depreciation | Indefinite | Any head of income (subject to conditions) |
| Short-term capital loss | 8 years | Any capital gain (STCG or LTCG) |
| Long-term capital loss | 8 years | Long-term capital gains only |
| House property loss | 8 years | House property income only |
| Loss from owning and maintaining race horses | 4 years | Same activity income only |
A loss brought forward from tax year 2024-25 (PY 2024-25 under the 1961 Act) continues to be eligible for set-off in tax year 2026-27 under the 2025 Act, provided the 8-year window has not expired and the set-off rules of the 2025 Act permit. The same rule applies to every other loss type.
Depreciation is one of the most important transition items because it directly affects the tax profile of every business. The 2025 Act preserves the WDV method as it stood on 31 March 2026:
For a manufacturing company with ₹10 crore of WDV across multiple blocks as on 31 March 2026, the opening WDV for 1 April 2026 under the 2025 Act is the same ₹10 crore. Normal depreciation then flows for tax year 2026-27 under the 2025 Act rules (which are substantively identical to the 1961 Act rules for this purpose).
Minimum Alternate Tax (MAT) was levied on companies under the 1961 Act’s Sec 115JB at 15% of book profits where the normal tax was lower. MAT credit could be carried forward for 15 years. The Income-tax Act, 2025:
Alternate Minimum Tax (AMT) is the equivalent for non-corporates (LLPs, firms, individuals claiming specified deductions). AMT at 18.5% of adjusted total income continues under the 2025 Act, and AMT credit from pre-2026 years is preserved.
For capital assets acquired before 1 April 2026 and transferred on or after that date, the cost of acquisition and period of holding are determined under the rules of the 1961 Act. The 2025 Act does not trigger:
However, taxpayers should be aware of the specific transitional election available for land and buildings acquired before 23 July 2024 (the date indexation was removed in the July 2024 Budget). Resident individuals and HUFs transferring such property can elect between:
whichever produces a lower tax liability. This election is preserved under the 2025 Act. See our capital gains guide for details.
Assessment proceedings initiated under the 1961 Act that are pending on 1 April 2026 continue under the 1961 Act until completion. This includes:
The rationale is clear: these proceedings have already generated notices, responses, hearing dates, and procedural timelines under the 1961 Act. Disrupting them at the transition date would cause chaos. The jurisdictional AO, the taxpayer, and any engaged representatives continue as before. Once the order is passed, the resulting demand, appeal rights, and recovery proceed under the 1961 Act.
Appeals and revisions pending on 1 April 2026 also continue under the 1961 Act. This covers:
The substantive law applicable to these appeals remains the 1961 Act — because the disputed years are pre-2026 years governed by the old Act. The new Act’s substantive provisions apply only to tax year 2026-27 onwards.
Section 92 of the 2025 Act specifically addresses searches: where a search has been initiated under the Sec 132 of the 1961 Act or a requisition under the Sec 132A before 1 April 2026, the 1961 Act provisions continue to apply to any proceedings connected with such search or requisition, as if the 2025 Act had not been enacted. This is one of the strongest transitional savings in the new Act.
Rationale: search proceedings are inherently multi-year and involve statements, seized material, and complex asset analysis. A regime change in the middle could invalidate seized material or create double-jeopardy concerns. The explicit statutory preservation avoids all such issues.
Advance ruling applications pending before the Board for Advance Rulings on 1 April 2026 continue under the 1961 Act’s advance ruling regime until concluded. Once the ruling is issued, it binds the applicant and the Department for the tax years for which the ruling was sought — both pre-2026 (under the 1961 Act) and post-2026 (under the 2025 Act where the underlying issue remains the same).
Fresh advance ruling applications for tax year 2026-27 and later are made under the 2025 Act’s advance ruling provisions.
Exemptions, approvals, and registrations granted under the 1961 Act continue to have effect under the equivalent provisions of the 2025 Act. This covers:
Taxpayers and institutions enjoying these benefits do not need to re-apply on 1 April 2026. The benefits carry forward automatically, subject to any specific conditions that the 2025 Act may impose prospectively.
TDS and TCS credits reflected in Form 26AS or the Annual Information Statement for pre-2026 periods are available for claim in the corresponding tax year’s return under the 1961 Act. TDS/TCS credits for tax year 2026-27 and later are claimed under the equivalent provisions of the 2025 Act. There is no loss of credit at the transition boundary.
Section 92 of the 2025 Act expressly provides that Section 6 of the General Clauses Act, 1897 applies to the effect of the repeal of the 1961 Act. Section 6 of the General Clauses Act provides that a repeal does not:
This is a powerful statutory safety net. Any transitional issue not explicitly addressed in Section 92 of the 2025 Act can be resolved by falling back on the General Clauses Act, which preserves accrued rights and obligations.
What should a taxpayer or their advisor do in the transition period?
CA V. Viswanathan: The transition from the 1961 Act to the 2025 Act has been remarkably smooth in my practice, primarily because Section 92 is drafted broadly and the General Clauses Act safety net covers edge cases. The most common anxiety I heard from clients in the run-up to 1 April 2026 was: “Will my accumulated losses disappear?” The answer is no — they carry forward unchanged, and the 8-year/4-year/indefinite periods continue to run as they would have under the old Act. The second anxiety was from companies with large MAT credits — again, no issue, the 15-year carry-forward is preserved. The one area where I advise particular care is pending scrutiny and reassessment proceedings. These continue under the 1961 Act, which means the procedural law, the Assessing Officer’s jurisdiction, and the appeal rights are the old ones. Do not assume that the new Act’s faceless regime or streamlined procedure applies to old proceedings — it does not. The third point: for capital assets held across the transition, make sure your cost-of-acquisition records are clean. The 2025 Act imports the 1961 Act’s cost base without change, but if your records of original purchase cost are sloppy, you may lose indexation benefit or face dispute when you eventually sell. Spend a weekend updating your asset register — the payoff is large when the transaction happens.
What are the transitional provisions under the Income-tax Act, 2025?
Section 92 of Chapter XXIII — the repeal and savings provision — preserves brought-forward losses, WDV, MAT/AMT credit, capital gains cost, pending proceedings, searches, advance rulings, and exemption notifications from the repealed 1961 Act.
Will my brought-forward losses be allowed?
Yes. Business loss (8 years), speculation (4 years), STCL/LTCL (8 years), unabsorbed depreciation (indefinite), and house property loss (8 years) all carry forward unchanged under the 2025 Act.
How is depreciation WDV carried forward?
WDV as on 31 March 2026 carries forward as opening WDV for tax year 2026-27. Same block classification, same rates, same computation. No revaluation.
Is MAT credit available under the 2025 Act?
Yes. MAT credit from pre-2026 years is available for 15 years against regular tax liability under the 2025 Act. AMT credit similarly preserved for non-corporates.
How is cost of acquisition determined for pre-2026 capital assets?
Under the 1961 Act rules and carries forward unchanged. No step-up, no mark-to-market, no reset of holding period at transition.
What happens to pending scrutiny assessments?
They continue under the 1961 Act procedures until completion. Jurisdiction, time limits, and procedural law remain the old ones.
What about ongoing appeals?
Pending appeals before CIT(A), ITAT, High Court, and Supreme Court continue under the 1961 Act. Substantive law applicable remains the 1961 Act because the disputed years are pre-2026.
What if a search was initiated before 1 April 2026?
The 1961 Act provisions continue to apply to all connected proceedings, as if the 2025 Act had not been enacted. This is an explicit transitional rule.
Does “tax year 2025-26 or earlier” in the 2025 Act mean anything different?
Yes. The 2025 Act explicitly provides that such references are deemed references to the corresponding previous year under the 1961 Act. It is a translation rule.
Are advance rulings in progress preserved?
Yes. Pending applications continue under the 1961 Act until concluded. Rulings bind the applicant and Department for the relevant tax years.
Is TDS/TCS credit from pre-2026 allowed post-2026?
Yes. Credits reflected in Form 26AS/AIS for pre-2026 periods are claimed against the corresponding tax year under the 1961 Act. No loss of credit at transition.
Do old exemption notifications continue?
Yes. SEZ exemptions, startup tax holidays, 12A/80G trust registrations, and similar approvals continue under the equivalent provisions of the 2025 Act without re-application.
How does the General Clauses Act apply?
Section 92 of the 2025 Act expressly invokes Section 6 of the General Clauses Act, 1897. Section 6 preserves accrued rights, obligations, and proceedings from the repealed law as a statutory safety net.
Is my Sec 54/54F exemption claim affected?
No. Reinvestment windows extending into tax year 2026-27 or later remain valid. The exemption is honoured under the equivalent provision of the 2025 Act.
How can Virtual Auditor help with the transition?
End-to-end transition support — loss audit, WDV reconciliation, MAT/AMT credit tracking, pending proceeding management, and advisory on transitional issues. Call +91 99622 60333.
Related guides: Income-tax Act, 2025 — Complete Guide · 1961 vs 2025 Act Transition · Section Number Mapping · Losses Set-off & Carry Forward · Capital Gains Guide · Corporate Tax & MAT