Subsidy SetuMSME subsidy and compliance
Income Tax

Income-tax Act 2025 for Small Businesses: Tax Year, New Section Numbers and What Changed on 1 April 2026

The Income-tax Act 2025 took over from 1 April 2026. What the tax year is, which old sections became which new ones, and what changed for presumptive tax, tax audit, TDS and the 45-day MSME payment rule.

Subsidy Setu Editorial Team 8 min read
In this article
  1. Key facts
  2. What is the "tax year"?
  3. Which old sections became which new ones?
  4. What changed for presumptive taxation?
  5. What changed for the tax audit?
  6. What changed for TDS?
  7. What happened to the 45-day MSME payment rule?
  8. Return and advance tax dates under the new Act
  9. Steps for a small business this year
  10. Common mistakes
  11. What to do now

The Income-tax Act 2025 came into force on 1 April 2026 and replaced the Income-tax Act 1961 for income earned from that date. Your income for FY 2025-26 is still taxed under the 1961 Act (assessment year 2026-27); income from 1 April 2026 is tax year 2026-27 under the new Act. Most rates and limits that matter to small businesses carried over, but nearly every section number changed.

Sources checked: 20 October 2026

Facts checked on 20 October 2026 against the Income-tax Act 2025 section pages and the official 1961-to-2025 comparison utility on incometaxindia.gov.in, and the CBDT FAQs on interplay and transition.

Key facts

Point What the official text says
In force from 1 April 2026 (section 1(3))
Act number Act 30 of 2025, amended by Finance Act 2026 (Act No. 4 of 2026)
Size 536 sections and 16 schedules, against 819 sections and 14 schedules in the 1961 Act (CBDT FAQs)
Rules Income-tax Rules 2026: 333 rules and 190 forms, against 511 rules and 399 forms (CBDT FAQs)
Year of income "Tax year" = the financial year starting 1 April (section 3); "assessment year" is no longer used
FY 2025-26 income Governed by the 1961 Act and assessed in AY 2026-27
New taxes None, according to the CBDT FAQs

What is the "tax year"?

The tax year is the twelve-month financial year starting on 1 April, and it replaces both "previous year" and "assessment year". Under the 1961 Act, income of FY 2025-26 was the previous year 2025-26 and was assessed in AY 2026-27, two labels for one year of income. Under the 2025 Act, income of FY 2026-27 is simply tax year 2026-27, and the same label is used for assessing it.

Two practical points from section 3 and the CBDT FAQs:

  • A business set up during the year has a short first tax year, from the date it was set up to 31 March. A unit started on 1 December 2026 has a tax year of 1 December 2026 to 31 March 2027.
  • Your accounting year does not change. The tax year is aligned with the financial year, so no change to your books or financial statements is needed.

When you pay tax or file a form, pick the right label. CBDT advises keeping FY 2025-26 (old Act, AY 2026-27) and FY 2026-27 (new Act, tax year 2026-27) clearly separate in challans, TDS records and reconciliations.

Which old sections became which new ones?

The Income Tax Department publishes an official comparison utility that maps each section of the 1961 Act to the 2025 Act. The table below lists the mappings a small business meets most often, as shown in that utility on 20 October 2026.

1961 Act Topic Income-tax Act 2025
3 Previous year / tax year 3
43B Deductions only on actual payment (includes the MSME 45-day clause) 37
40, 40A Amounts not deductible 35, 36
44AA Books of account 62
44AB Tax audit 63
44AD, 44ADA, 44AE Presumptive taxation 58
87A Rebate 156
115BAA Concessional tax for domestic companies 200
115BAC New tax regime 202
139 Return of income 263
140A Self-assessment tax 266
194C, 194J, 194Q and other non-salary TDS Tax deducted at source 393
207, 208, 211 Advance tax liability, conditions, instalments 403, 404, 408
234A, 234B, 234C Interest for late return and advance tax defaults 423, 424, 425
234F Fee for late return 428

Forms changed too. The comparison utility maps the tax audit forms 3CA, 3CB and 3CD to Form No. 26, the TDS return 26Q to Form No. 140 (and 24Q to 138), TDS certificates 16 and 16A to Forms 130 and 131, and 26AS to Form No. 168. Rule 6G (audit report) is now rule 47.

What changed for presumptive taxation?

The three presumptive schemes now sit together in section 58, and the limits in its table are the same as before. A resident individual, HUF or firm (not an LLP) with business turnover up to ₹2 crore, or up to ₹3 crore where cash receipts are within 5%, can declare 6% of receipts received through banking or online channels and 8% of the rest. Specified professionals with receipts up to ₹50 lakh, or ₹75 lakh with cash within 5%, declare 50%. Owners of up to ten goods carriages use the per-vehicle rates.

The five-year lock-in for business income also continues (section 58(7)). Our presumptive taxation guide covers the scheme in detail.

What changed for the tax audit?

The tax audit is now section 63 and the thresholds did not change. The CBDT FAQs confirm the limits: business turnover above ₹1 crore, or above ₹10 crore where cash receipts and cash payments are each within 5%; professional receipts above ₹50 lakh; and presumptive cases that declare less than the deemed profit.

Two things did change:

  • One form. From tax year 2026-27 the report is Form No. 26, which merges Forms 3CA, 3CB and 3CD. For FY 2025-26 the old forms still apply.
  • A fee instead of a penalty. Finance Act 2026 moved the consequence of not getting the audit done into section 428(c): a fee of ₹75,000 for a delay of up to one month and ₹1,50,000 after that.

See tax audit limits for MSMEs for who needs one and the due dates.

What changed for TDS?

Non-salary TDS is now in one section, 393, laid out as a table, and salary TDS is in section 392. The comparison utility maps sections 194C (contractors), 194J (professional and technical fees) and 194Q (purchase of goods) to section 393. The CBDT FAQs state that deposit due dates remain the same under the new Act, now in rule 218 of the Income-tax Rules 2026 from April 2026; for most months that is the 7th of the following month. Quarterly TDS returns for tax year 2026-27 use the new forms (140 for non-salary payments).

What happened to the 45-day MSME payment rule?

The rule moved from section 43B(h) to section 37(2)(g). Section 37 allows certain expenses only in the tax year they are actually paid. Clause (g) covers any amount payable to a micro or small enterprise beyond the time limit in section 15 of the MSMED Act 2006. As before, the grace period up to the return due date in section 37(3) does not apply to this clause. Our 45-day payment rule guide explains the time limit and gives examples.

Return and advance tax dates under the new Act

For tax year 2026-27 onwards, section 263(1) (as amended by Finance Act 2026) sets these return due dates in the following year:

Who Due date
Transfer pricing cases (report under section 172) 30 November
Companies, and other persons (and partners of firms) whose accounts must be audited 31 October
Business or profession not requiring audit, and partners of such firms 31 August
Everyone else 31 July

So the return for tax year 2026-27 falls due in 2027. Advance tax instalments are in section 408. The advance tax guide lists the dates, and the new regime slabs cover the rates.

FY 2025-26 is different. Those returns and audit reports are filed under the 1961 Act. CBDT Circular No. 7/2026 (28 September 2026) extended the AY 2026-27 due dates for audit cases: audit report by 21 October 2026 and return by 21 November 2026.

Steps for a small business this year

  1. Label every payment correctly. Use AY 2026-27 for FY 2025-26 and tax year 2026-27 for the current year.
  2. Finish the FY 2025-26 compliance under the old Act: old forms, old section references, extended dates where they apply.
  3. Update your templates. Invoices, contracts and accounting notes that quote "44AD", "43B(h)" or "194C" should now cite sections 58, 37(2)(g) or 393 for tax year 2026-27 matters.
  4. Keep a mapping sheet. CBDT itself suggests keeping an old-to-new section reference handy.
  5. Check supplier status. Mark which suppliers are micro or small enterprises on Udyam, so the 45-day rule is tracked.
  6. Put the dates in a calendar. The compliance calendar lists the statutory due dates month by month.

Common mistakes

  • Applying the new Act to FY 2025-26. That year stays under the 1961 Act, including its audit forms and penalties.
  • Choosing the wrong year on a challan. A payment booked to the wrong year is credited to the wrong year.
  • Assuming limits changed because numbers changed. The audit and presumptive limits are the same; only the section numbers moved.
  • Relying on unofficial mapping tables. Third-party tables do not always agree. Use the department's comparison utility.
  • Forgetting the MSME clause has no grace period. Paying a micro supplier late, even before your return date, still delays the deduction.

What to do now

If your FY 2025-26 accounts need a tax audit, the extended audit report date is 21 October 2026, so speak to your independent chartered accountant today. Then plan tax year 2026-27 under the new section numbers: check advance tax, TDS returns in the new forms, and payments to micro and small suppliers.

For help with returns, advance tax planning or the move to the new Act, ask our expert team or book a consultation. Official changes are also tracked on our government updates page.

Need help with this? Ask our expert team

Leave your name and mobile number. Our team calls you back within one working day (Monday to Saturday).

Your details are never sold; they are shared only as our Privacy Policy describes.

Related notice guides

Got a GST or income-tax notice? Each guide gives the time limit, what a reply contains and the official sources.

Frequently asked questions

Which law applies to my income for FY 2025-26?

The Income-tax Act 1961. CBDT's transition FAQs say income earned from 1 April 2025 to 31 March 2026 is governed by the 1961 Act and assessed in assessment year 2026-27, even though the return and audit report are filed after 1 April 2026. Income from 1 April 2026 onwards falls under the Income-tax Act 2025 as tax year 2026-27.

What is a tax year under the Income-tax Act 2025?

Section 3 of the Income-tax Act 2025 defines the tax year as the twelve-month financial year starting on 1 April. For a business set up during the year, the tax year runs from the date it was set up to the end of that financial year. The term replaces 'previous year', and the separate 'assessment year' is no longer used.

What is the new section number for 44AD and 44AB?

The Income Tax Department's official comparison utility maps sections 44AD, 44ADA and 44AE of the 1961 Act to section 58 of the Income-tax Act 2025, and section 44AB (tax audit) to section 63. Section 43B, which contains the 45-day MSME payment rule, maps to section 37.

Did the tax audit limits change under the new Act?

No. CBDT's transition FAQs state that the thresholds are the same as under the old Act: business turnover above ₹1 crore, or above ₹10 crore where cash receipts and cash payments are each within 5%, and professional receipts above ₹50 lakh. The audit report form changed to Form No. 26 from tax year 2026-27.

Does the Income-tax Act 2025 add any new tax?

CBDT's transition FAQs say the Income-tax Act 2025 does not impose any new tax and that the aim is simpler language and structure. Rates and limits can still change through each year's Finance Act, so check the current year's figures before you file.

Sources

#income-tax-act-2025#tax-year#section-mapping#small-business-tax#tax-audit#tds#presumptive-taxation
Share: WhatsApp LinkedIn X

This article is general information for Indian MSMEs, not advice on your specific case. Scheme terms, tax rates and due dates change; the sources above were checked when the article was written or last updated. Speak to a professional before acting on it.

Not sure which schemes fit your business?

Five short steps about your unit, with your name and phone so we can follow up, and you see your matches across central and State schemes. Free.

Keep reading

Income Tax 6 min read

TDS and TCS Returns Under the Income-tax Rules 2026: New Form Numbers and Due Dates

From 1 April 2026 the quarterly TDS statements are Forms 138 (salary), 140 (other residents) and 144 (non-residents), the TCS statement is Form 143, and all four are due 31 July, 31 October, 31 January and 31 May. The TCS date moved from the 15th to the 31st. Certificates are Forms 130, 131 and 133, and from 1 October 2026 an individual buying property files Form 141.

Subsidy Setu Editorial Team
Income Tax 8 min read

Defective Return Notice Under Section 139(9): What It Means and How to Fix It

A notice under section 139(9) says your income-tax return is defective and gives you 15 days from the intimation to fix it. What counts as a defect, how to answer on the e-filing portal (Agree and upload a corrected return, or Disagree with reasons), how to ask for more time, and what happens if the return is treated as invalid.

Subsidy Setu Editorial Team

Practitioner with something to add? Write for us.