
CBDT FAQs clarify how pending tax cases, TDS certificates, and assessments under the 1961 Act will be handled after the new Income Tax Act takes effect on 1 April 2026.
India is moving from the Income Tax Act, 1961, to the Income Tax Act, 2025, a shift that has left taxpayers, businesses, and tax professionals with questions about pending assessments, procedural matters, and ongoing applications.
The Central Board of Direct Taxes (CBDT) issued a detailed set of Frequently Asked Questions (FAQs) on 6 July 2026 to address these concerns. The FAQs, released through an official memorandum, explain how pending cases and various tax proceedings will be handled once the new law takes effect on 1 April 2026.
The guidance covers pending assessments, Lower Deduction Certificates (LDCs), No Deduction Certificates (NDCs), search cases, tax recovery proceedings, prosecutions, registrations, and other procedural matters.
Old law governs old tax years
The CBDT clarified that all proceedings relating to tax years beginning before 1 April 2026 will continue to be governed by the Income Tax Act, 1961, even after the new law comes into force. The Income Tax Act, 2025, will not apply to events or tax years preceding that date. Pending proceedings will continue under the old law until concluded, the board said.
This means that even if certain proceedings are pending when the new law takes effect, they will still follow the procedures prescribed in the earlier legislation. The provisions of the repealed Income Tax Act will also apply to proceedings initiated after 1 April 2026 if they relate to a tax year starting before that date, the CBDT said.
TDS certificates and pending applications
For applications and pleas pending under Section 197 of the Income Tax Act, 1961 – which lets taxpayers seek a lower or nil deduction of tax at source (TDS) – the CBDT addressed how they will be handled.
Applications filed on or before 31 March 2026 that remain pending on 1 April 2026, and for which approval is mandatory for Tax Year 2026-27 onwards, may be administratively considered under the corresponding provisions of the Income Tax Act, 2025, the board said.
Applications for Lower Deduction Certificates or No Deduction Certificates filed from 1 April 2026 onwards will be covered entirely by the new law.
The transition provisions under Section 536 of the Income Tax Act, 2025, govern the shift. The CBDT said the guidance covers pending assessments, search cases, tax recovery proceedings, prosecutions, registrations, and other procedural matters.
Taxpayers with pending proceedings under the old law will continue under that framework until concluded, the board said. Even proceedings initiated after 1 April 2026 will follow the 1961 Act if they relate to a tax year starting before that date.
The CBDT said the FAQs aim to provide certainty and continuity during the transition. The new law takes effect on 1 April 2026.
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