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Old Income-tax Act, 1961 vs New Income-tax Act, 2025

📘 Some Important Sections: Old Income-tax Act, 1961 vs New Income-tax Act, 2025

📌 Concept continuity with structural renumbering

1. Heads of Income

🔹 Old: Sec 14 | New: Sec 13

Defines the five heads under which total income is classified—Salary, House Property, Business/Profession, Capital Gains, and Other Sources.

2. Income from House Property

🔹 Old: Sec 22 | New: Sec 20

Charges annual value of property (subject to self-occupied provisions) to tax.

3. Deductions from House Property Income

🔹 Old: Sec 24 | New: Sec 22 (Allows deductions for standard deduction and interest on borrowed capital.)

4. Profits & Gains of Business or Profession

🔹 Old: Sec 28 | New: Sec 26

Specifies items chargeable under business income, including profits, incentives, and perquisites.

5. Depreciation

🔹 Old: Sec 32 | New: Sec 33

Provides deduction for wear and tear of tangible and intangible assets used for business or profession.

6. Expenses Not Deductible in Certain Cases

🔹 Old: Sec 40A | New: Sec 36

Restricts deductions for cash payments, excessive or unreasonable expenditure, etc.

7. Deductions on Actual Payment Basis

🔹 Old: Sec 43B | New: Sec 37

Allows specified expenses (tax, duty, PF, etc.) only on actual payment.

8. Presumptive Taxation

🔹 Old: Sec 44AD / 44ADA / 44AE | New: Sec 58

Simplified taxation scheme for eligible businesses and professionals.

9. Maintenance of Books of Account

🔹 Old: Sec 44AA | New: Sec 62

Specifies persons required to maintain prescribed books and records.

10. Tax Audit

🔹 Old: Sec 44AB | New: Sec 63

Mandates audit of accounts where turnover or receipts exceed prescribed limits.

11. Capital Gains – Charging Section

🔹 Old: Sec 45 | New: Sec 67

Charges profits on transfer of capital assets to tax.

12. Transactions Not Regarded as Transfer

🔹 Old: Sec 47 | New: Sec 70

Specifies transactions excluded from capital gains, including certain restructurings.

13. Mode of Computation of Capital Gains

🔹 Old: Sec 48 | New: Sec 72

Defines computation mechanism—sale consideration less cost and expenses.

14. Cost of Acquisition in Special Cases

🔹 Old: Sec 49 | New: Sec 73

Determines cost where assets are acquired by gift, inheritance, amalgamation, etc.

15. Capital Gain Exemptions (Residential Property / Bonds)

🔹 Old: Sec 54 / 54EC / 54F | New: Sec 82 / 85 / 86

Provides exemption on reinvestment of capital gains.

16. Income from Other Sources

🔹 Old: Sec 56 | New: Sec 92

Residual head covering interest, dividends, gifts, and similar incomes.

17. Total Income

🔹 Old: Sec 66 | New: Sec 101

Defines aggregation of income after set-off and deductions.

18. Deductions – Chapter VI-A

🔹 Sec 80C → Sec 123 | Sec 80D → Sec 126

Covers deductions for life insurance, provident fund, health insurance, etc.

19. Rebate for Individuals

🔹 Old: Sec 87A | New: Sec 156

Provides rebate of income-tax for specified income levels.

20. Cash Transaction Restrictions

🔹 Old: Sec 269SS / 269ST / 269T | New: Sec 185 / 186 / 188

Discourages cash loans, deposits, and repayments.

21. Capital Gains Tax Rates

🔹 Old: Sec 111A / 112 / 112A | New: Sec 196 / 197 / 198

Prescribes tax rates for short-term and long-term capital gains.

22. New Tax Regime

🔹 Old: Sec 115BAC | New: Sec 202

Optional concessional tax regime with reduced exemptions and deductions.

23. Return of Income & PAN

🔹 Old: Sec 139 / 139A | New: Sec 263 / 264

Governs filing of returns of income and PAN-related compliance.

24. Assessment & Reassessment

🔹 Old: Sec 143 / 144 / 147 | New: Sec 270 / 271 / 279

Covers scrutiny assessment, best judgment assessment, and income escaping assessment.

25. TDS & TCS Provisions

🔹 Old: Sec 192–194 / 206C | New: Sec 393 / 394

Provides mechanism for advance collection of tax at source.

26. Fee for Late Filing of Return

🔹 Old: Sec 234F | New: Sec 428

Provides for levy of fee for delay in filing return of income.

 

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