The income tax laws in India is governed by the Income Tax Act, 1961. The act contains provisions related to income calculations, exemptions, deductions, and tax rates. With effect from 1st April 2026, the Income Tax Act of 1961 will be replaced by the Income Tax Act 2025.
However for the current tax season (April to August 2026), Income Tax Act 1961 needs to be referred as the act is applicable to income earned up to 31st March 2026.
Key Highlights
- The new Income Tax Act, 2025, will come into effect from 1st April 2026, eliminating redundant provisions and aligning the law with current technological and economic developments.
- It contains 931 sections, higher as compared to the new Income Tax Act, 2025.
- The Act provides various deductions and exemptions, applicable separately under the old and new tax regimes.
The Income Tax Act 1961 governs the levy, collection, and administration of direct taxes in India. It applies to all persons earning income in India, regardless of whether they are citizens or not. It contains provisions related to types of income, how to tax different kinds of income, tax benefits, exemptions, tax rates, due dates, penal provisions, etc.
Download Income Tax Act, as amended by the Finance Act 2025.
Some of the salient features of the Income Tax Act 1961 are as follows:
There are several provisions in the Income Tax Act 1961. These provisions can be broady classified on the following grounds.
| Grounds of Classification | Explanation |
| Meaning and definitions |
|
| Machinery provisions | These provisions prescribe the method to calculate the income, expenditure or the value of an asset. |
| Charging provisions | These provisions deal with the taxation part - the specific rates of tax, surcharge and cess. |
| Assessment provisions | Provisions related to the computation of income by the Income Tax Authorities, when they do not agree to income as filed in ITR. |
| Penal Provisions | Consequences of non-compliance with the provisions of the act. |
While the above may not be a exhaustive classification of all the provisions, it covers a significant part of the act.
The scope or extent of tax implications under the Income Tax Act 1961 depends upon the assessee’s residential status:
| Income Type | Residential Status | ||
| Resident and Ordinarily Resident (ROR) | Resident but not-Ordinarily Resident (RNOR) | Non-Resident (NR) | |
| Income received or deemed to be received in India | Taxable | Taxable | Taxable |
| Accrued income in India | Taxable | Taxable | Taxable |
| Income accrues from outside India, but the profession or business is inside the country. | Taxable | Taxable | Non-taxable |
| Income accrues from outside India, but the profession or business is outside the country. | Taxable | Non-taxable | Non-taxable |
| The untaxed past foreign income brought into the country. | Non-taxable | Non-taxable | Non-taxable |
The Income Tax Act has 23 chapters in total, some of which have subparts. Find the important chapters mentioned in the table below:
| Chapter | Overview |
| Chapter I | An introduction of the Income Tax Act and its overview. |
| Chapter III | Income that does not form a part of the total income. |
| Chapter IV | How is total income calculated? |
| Chapter V | Other income sources of individuals which form a part of the assessee’s income, like capital gains, businesses, properties and more. |
| Chapter VI | Aggregation of income, carry forward of loss and set off. |
| Chapter VIA | Deductions applicable while calculating total income. |
| Chapter VII | Parts of total income on which income tax is not applicable. |
| Chapter VIII | Applicable rebates and reliefs while calculating income tax. |
| Chapter X | Special cases in which assessees do not have to pay income tax. |
| Chapter XIIA | Special rules on certain Non-Resident Indian (NRI) income. |
| Chapter XIIC | Special tax rules for retail trade. |
| Basis of Differentiation | Income Tax Act, 1961 | Income Tax Act, 2025 |
| Implementation date | April 1, 1962 | April 1, 2026 |
| Number of sections | 931 | 552 |
| Corresponding Rules | Income Tax Rules, 1962 | Income Tax Rules, 2026 |
| Technological relevance | Outdated, does not consider current techno-economic environment | Relevant to recent tech developments in the financial world |