Income Tax Act 2025 — SME Owner's Primer (Effective 1 April 2026): What Changes + What to Do Now
What changed — 1 amendment
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Initial publication — SME-owner primer for IT Act 2025 transition. Plain-English companion to the canonical /income-tax/income-tax-act-2025-transition-india/ practitioner memo. Primary sources: IT Act 2025 (income tax portal), CBDT FAQs on Interplay and Transition, Finance Act 2025.
IT Act 2025 plain-English SME guide: 5 biggest changes from 1 April 2026, FY 2025-26 transition rules, action checklist. Companion to the section-mapping memo.
The one-line summary
The Income-tax Act, 1961 stands repealed effective 1 April 2026 per Section 536 of the Income-tax Act, 2025. For your business, that means:
- FY 2025-26 (your current year, AY 2026-27): nothing changes. File ITR + tax audit + TDS as usual under the 1961 Act.
- From 1 April 2026 : new section numbers, new form numbers, new terminology (Tax Year vs Assessment Year). Substantive rates + thresholds + deductions: mostly unchanged.
This page is the SME-owner’s primer. For the canonical practitioner-level section-by-section mapping, see the IT Act 2025 transition reference.
The 5 biggest changes for your business
1. New “Tax Year” terminology replaces “Assessment Year”
The 1961 Act used a two-period framing:
- Previous Year (PY) — the year income was earned
- Assessment Year (AY) — the year income was assessed (PY + 1)
The 2025 Act simplifies to a single term:
- Tax Year (TY) — replaces both Previous Year and Assessment Year
In practice: what you currently call “FY 2026-27 / AY 2027-28” becomes “Tax Year 2026-27” under the 2025 Act framework. The ITR is filed in the year after the income is earned, same as before; only the label changes.
2. Section renumbering — the major SME-side ones
The 2025 Act consolidates and renumbers most provisions. The SME-side highlights:
| Concept | 1961 Act | 2025 Act |
|---|---|---|
| Section 80C deductions (LIC, PPF, ELSS, etc.) | Section 80C | Section 123 + Schedule XV |
| Tax audit threshold (above ₹1cr / ₹10cr business; ₹50L / ₹75L professional) | Section 44AB | Section 63 |
| Presumptive taxation (business + profession) | Sections 44AD + 44ADA | Section 58 (consolidated) |
| TDS on contractor payments | Section 194C | Section 393 (consolidated non-salary TDS) |
| TDS on professional fees | Section 194J | Section 393 |
| TDS on partner remuneration | Section 194T | Section 393 |
| TDS on rent | Section 194-I / 194-IB | Section 393 |
| Salary TDS | Section 192 | Section 392 |
| Foreign-payment TDS | Section 195 | Section 397 |
| Capital gains | Sections 45-55A | Consolidated into 2025 Act framework (specific section numbers in CBDT FAQs) |
You don’t need to memorise this table. Your CA / tax practitioner will. The relevant point for you is: section numbers in TDS challans, ITR forms, vendor contracts, and employee investment declarations will all renumber from 1 April 2026 onwards.
3. Form renumbering — for non-resident payment / foreign vendor work
If your business pays foreign vendors (software subscriptions, cloud services, foreign consultants), you’ve encountered:
| Form (1961 framework) | New form (2025 framework) | Purpose |
|---|---|---|
| Form 27Q | Form 144 | TDS quarterly return — non-salary foreign payments |
| Form 15CA | Form 145 | Declarant’s declaration before foreign remittance |
| Form 15CB | Form 146 | CA’s certificate before foreign remittance |
| (No prior form) | Form 105 | Replaces older Form 10AB |
These new forms apply from 1 April 2026 onwards for transactions on or after that date. Use the existing forms for everything up to and including 31 March 2026 transactions.
4. Timely return-filing now mandatory for deductions (Section 122(5))
This is the one new substantive rule SMEs should know about:
Section 122(5) of the Income-tax Act, 2025 makes timely furnishing of return mandatory for claiming deductions under Chapter VIII Part C. Late returns may forfeit the deduction.
Translation: if you used to file ITR late (say, in December 2026 for AY 2026-27 against a July 2026 due date) and still claim 80C deductions, that doesn’t work under the 2025 Act framework. From TY 2026-27 onwards, file by the due date or risk losing the deduction.
This is a meaningful operational shift for many small-business owners who treat ITR filing as a “do it whenever” task. Build the discipline now — file on time for AY 2026-27 so the muscle memory is there when the rule binds from TY 2026-27.
5. Substantive policy is mostly UNCHANGED
The 2025 Act is primarily a structural rewrite, not a policy change:
| Item | Status |
|---|---|
| Income tax slabs + rates (new regime) | Unchanged per Finance Act 2025 framework |
| Section 87A rebate (₹60,000 new regime; ₹12,500 old regime) | Unchanged |
| ₹75,000 standard deduction (salaried, new regime) | Unchanged |
| Section 80C ₹1.5 lakh aggregate cap | Unchanged |
| Section 80D medical insurance sub-limits | Unchanged |
| Section 24(b) home loan interest ₹2 lakh cap | Unchanged |
| Section 44AB tax audit thresholds | Unchanged |
| Section 44AD / 44ADA presumptive thresholds + deemed-profit % | Unchanged |
| TDS rates (Section 194C 1%/2%, 194J 10%/2%, 194T 10%, 194-I 10%/2%, etc.) | Unchanged |
| Capital gains rates (Finance Act 2024 changes for listed equity) | Unchanged |
| Section 87A rebate ₹60,000 cap | Unchanged |
Per CBDT’s stated objective: the 2025 Act is simplification + consolidation + removal of obsolete provisions. Not a policy reset.
The corollary: existing circulars and rulings under the 1961 Act continue to apply to corresponding provisions in the 2025 Act where intent remains unchanged. Per CBDT FAQ Q1.21: “A circular clarifying the term ‘work’ under section 194C of the old Act will continue to apply to section 393 of the ITA 2025, where the intent remains unchanged.” Your CA doesn’t need to re-learn 60 years of jurisprudence.
What you should do RIGHT NOW (5-step checklist)
1. Brief your CA / tax practitioner
Confirm your CA has an IT Act 2025 transition plan. Ask them:
- “How are you handling Q4 FY 2025-26 TDS returns vs Q1 TY 2026-27 TDS returns differently?”
- “Will my Form 16 / 16A look different from 1 April 2026 ?”
- “When will you start citing new section numbers on TDS challans?”
If they don’t have crisp answers, that’s a yellow flag — the cut-over is 10 months away.
2. For FY 2025-26, file normally
No action needed beyond standard year-end discipline. ITR-1 / ITR-2 / ITR-3 / ITR-4 forms for AY 2026-27 are unchanged. Tax audit report due 30 September 2026 under Form 3CA/3CB + 3CD as usual.
3. Update employee investment declarations (mid-FY)
For Q4 FY 2025-26 declarations + especially Q1 TY 2026-27 declarations:
Old language: ” ₹1.5 lakh invested under Section 80C” Bridge language: ” ₹1.5 lakh invested under Section 80C (Section 123 read with Schedule XV from 1 April 2026 )”
This avoids re-papering when the new regime kicks in.
4. Coordinate with your accounting software vendor
- Tally Solutions — verify your Tally Prime version supports Section 393 nature-of-payment codes (most vendors are releasing mid-2026 updates)
- Zoho Books / Zoho Payroll — same check
- In-house ERP — flag with your IT team; they need to update the TDS-section dropdown master + the Form 26Q template
Coordinate well before the Q1 TY 2026-27 deadline (31 July 2026) so the first new-regime TDS return doesn’t fail validation.
5. Check vendor / customer contracts being signed after 1 April 2026
Contracts signed before 1 April 2026 don’t need to be re-signed — the law operates by its own force, not by contract reference. But for new agreements signed after 1 April 2026 , the TDS clause should reference the new section number:
Old language: “TDS will be deducted under Section 194C of the Income-tax Act, 1961” New language: “TDS will be deducted under Section 393 of the Income-tax Act, 2025”
For dual-period agreements straddling the cut-over, dual reference is the safest pattern.
What this means for the next 12 months
A quick timeline for the year ahead:
| Period | What’s happening |
|---|---|
| FY 2025-26 Q3-Q4 (Oct 2025 - Mar 2026) | Last quarters under 1961 Act. Business as usual. |
| April 2026 | IT Act 2025 effective. Q4 FY 2025-26 TDS return (due 31 May 2026) is the LAST 1961-Act return. |
| May-October 2026 | AY 2026-27 ITR filing window. Last full ITR cycle under 1961 Act. |
| September 2026 | AY 2026-27 tax audit deadline (30 Sep). Last under 1961 Act. |
| Q1 TY 2026-27 (Apr-Jun 2026) | FIRST TDS quarter under IT Act 2025. New section numbers on challans + returns. Due 31 July 2026. |
| TY 2026-27 onwards | Fully under IT Act 2025. New section numbers in all returns + forms + declarations. |
Common SME questions answered
Q: Will my tax liability change? No. Rates + slabs + deductions are unchanged. The 2025 Act renumbers + reorganises but doesn’t reprice.
Q: Do I need a new TAN / PAN? No. TAN + PAN are unchanged. Existing registrations remain valid.
Q: My current ERP shows “Section 194C” as a TDS option — will that break in April 2026? Not on Day 1. Existing transactions (those reported under 1961 Act sections) continue to validate. From 1 April 2026 onwards, new transactions need to use Section 393 references — coordinate the ERP update with your vendor.
Q: I file ITR myself using the income tax portal — will the portal change? Yes. The e-Filing portal already shows new ITR forms under “Forms as per Income-tax Act, 2025” in addition to the existing “Forms as per Income-tax Act, 1961” section. For AY 2026-27 (your last 1961-Act ITR), use the Income-tax Act, 1961 forms.
Q: What if I miss a TDS deduction because of the section-number confusion? The default consequences are the same: Section 201(1A) interest on the short-deduction (1% per month) + Section 40(a)(ia) disallowance of 30% of the expense + potential Section 234E late-filing fee. The 2025 Act consolidates these but the substantive penalty regime is unchanged. Practical advice: default to over-citing during the transition — citing both old and new section numbers on internal documents is safer than missing one.
Where to go for more depth
This page is the SME-owner’s primer. For deeper practitioner-level material:
- IT Act 2025 transition reference — canonical section-by-section mapping with CBDT FAQ references, form mapping table, and quarter-by-quarter compliance calendar.
- Income Tax overview India — FY 2025-26 framework + slab rates + key deduction summary.
- ITR form selector — which ITR for your income profile.
- TDS rate chart FY 2025-26 — current rates with the new Section 393 mapping cross-referenced.
Where Batchwise fits
For SME owners + finance teams that want operational support coordinating their CA on the IT Act 2025 transition: BatchWise’s coordinated SME bookkeeping service includes the transition workflow — your existing books continue under the 1961 framework for FY 2025-26, and the partner CA firm handles the section-renumbering operational details for TY 2026-27 onwards.
Frequently asked questions
When does the IT Act 2025 actually start applying to my business?
**Effective date: 1 April 2026** (per Section 536 of the IT Act 2025). For SME owners on a normal April-March financial year: FY 2025-26 (your current year, AY 2026-27) is the **last full year under the 1961 Act**. FY 2026-27 (starting 1 April 2026; new terminology: 'Tax Year 2026-27') is the **first year under the 2025 Act**. Your AY 2026-27 ITR (due July-October 2026) is filed under the 1961 Act using existing forms. Your TY 2026-27 ITR (due July-October 2027) will be filed under the 2025 Act using new forms.
What are the 5 biggest changes for SMEs?
(1) **New 'Tax Year' terminology** replacing 'Assessment Year' — what you currently call 'AY 2026-27' becomes 'TY 2026-27' going forward. (2) **Section renumbering** — Section 80C becomes Section 123 + Schedule XV; Section 44AB (tax audit) becomes Section 63; Section 194C / 194J (TDS) consolidates under Section 393; Section 195 (foreign payments) becomes Section 397. (3) **Form renumbering** — Form 27Q (TDS foreign) becomes Form 144; Form 15CA becomes Form 145; Form 15CB becomes Form 146. (4) **Mandatory timely return-filing for deductions** — Section 122(5) of the 2025 Act makes timely return-filing mandatory for claiming Chapter VIII deductions (the new 80C / 80D / 80E etc.) — late returns may forfeit deductions. (5) **Substantive policy mostly unchanged** — rates, slabs, thresholds, deduction limits, deemed-profit percentages all carry forward. The 2025 Act is primarily a structural rewrite, not a policy change.
Do I need to do anything different for my FY 2025-26 ITR?
**No.** For FY 2025-26 / AY 2026-27 (return due July-October 2026), nothing changes in substance. File under the 1961 Act using the same ITR forms (ITR-1 / ITR-2 / ITR-3 / ITR-4 as applicable for AY 2026-27). Section references in your return remain 1961 Act numbering (Section 80C, 80D, 44AB, 194C, etc.). Tax audit report for AY 2026-27 is due 30 September 2026 under Form 3CA/3CB + 3CD as usual. The transition affects you only from FY 2026-27 onwards (TY 2026-27 in new terminology).
What about my TDS deductions during FY 2025-26?
TDS deductions during FY 2025-26 (until 31 March 2026) continue under 1961 Act sections. Quarterly TDS returns (Forms 24Q / 26Q / 27Q / 27EQ) for Q1-Q4 of FY 2025-26 are filed under the 1961 Act. **The pivot is 1 April 2026:** transactions on or before 31 March 2026 quote 1961 Act section numbers (194C, 194J, 194T, 195); transactions on or after 1 April 2026 must quote 2025 Act section numbers (Section 393 for non-salary TDS; Section 392 for salary; Section 397 for non-resident payments). The Q4 FY 2025-26 TDS return (Jan-Mar 2026 transactions; due 31 May 2026) is filed under the 1961 Act. The Q1 TY 2026-27 TDS return (Apr-Jun 2026; due 31 July 2026) is the first one under the 2025 Act.
I'm a partnership firm or LLP — does Section 194T change?
No substantive change. Section 194T (TDS on partner remuneration, salary, interest, commission, bonus) was introduced by Finance (No. 2) Act 2024 and took effect on **1 April 2025** for FY 2025-26 onwards. Under the 2025 Act, Section 194T consolidates under **Section 393 of the Income-tax Act, 2025** along with all other non-salary TDS provisions. The 10% rate + ₹20,000 per-partner-per-FY threshold + cumulative-aggregate calculation rules carry forward unchanged. Continue applying 194T mechanics through FY 2025-26; from 1 April 2026 onwards quote Section 393.
What about Section 80C investments + my insurance / PPF / ELSS?
Per CBDT FAQ Q8.10: **Section 80C of the 1961 Act becomes Section 123 of the Income-tax Act, 2025, with eligible instruments listed in Schedule XV.** The ₹1.5 lakh aggregate deduction limit is retained unchanged. Eligible instruments are the same — LIC premium, PPF, EPF, ELSS, tax-saving FD, NSC, NPS Tier I, principal repayment on home loan, tuition fees, ULIP, sukanya samriddhi. **Important new rule:** Section 122(5) of the 2025 Act makes **timely return-filing mandatory** for claiming Chapter VIII Part C deductions (i.e. Section 123 onwards) — late returns may forfeit the deduction. Investment declarations for TY 2026-27 onwards should reference 'Section 123 read with Schedule XV' instead of 'Section 80C'.
Are presumptive taxation thresholds (44AD + 44ADA) changing?
No substantive change. Both consolidate under **Section 58 of the Income-tax Act, 2025**. Section 44AD (business presumptive): ₹2 crore default threshold; ₹3 crore where digital receipts ≥ 95%. Section 44ADA (professional presumptive): ₹50 lakh default; ₹75 lakh where digital receipts ≥ 95%. Deemed-profit percentages (6% digital / 8% cash for 44AD; 50% for 44ADA) unchanged. **Advance tax under presumptive scheme** is governed by Section 408(2) of the 2025 Act — single instalment due 15 March of the financial year, same as the 1961 Act's Section 211(1)(b).
Is the Tax Audit (Section 44AB) requirement changing?
No substantive change. Section 44AB consolidates under **Section 63 of the Income-tax Act, 2025**. Thresholds unchanged: business turnover above ₹1 crore (or ₹10 crore where cash receipts ≤ 5%); professional gross receipts above ₹50 lakh (₹75 lakh where digital receipts ≥ 95%). **AY 2026-27 tax audit report is due 30 September 2026 under Form 3CA/3CB + 3CD** — under the 1961 Act framework. TY 2026-27 audit reports (covering FY 2026-27) will be filed under the 2025 Act with corresponding new forms (CBDT will issue specific notifications closer to the cut-over).
What should I do RIGHT NOW to prepare?
(1) **Brief your CA / tax practitioner** — confirm they have a transition plan; if not, that's a yellow flag. (2) **For FY 2025-26, file normally** under the 1961 Act — no action needed beyond standard year-end discipline. (3) **For employee investment declarations** prepared from Q4 FY 2025-26 onwards (and especially Q1 TY 2026-27), use both old and new section numbers — 'Section 80C (Section 123 + Schedule XV from 1 April 2026)' style cross-referencing avoids re-papering. (4) **Update your ERP / accounting software** — coordinate with Tally / Zoho / your accounting vendor on when their TDS section codes will support the new 2025 Act numbers (most major vendors are mid-2026 release). (5) **Check vendor / customer contracts** — TDS clauses citing specific 1961 Act sections (e.g. 'TDS will be deducted under Section 194C') should be updated for new agreements signed after 1 April 2026 to reference Section 393. Existing contracts don't need re-signing — the law operates by its own force.