The Central Board of Direct Taxes (CBDT) has revised Rule 128 of the Income Tax Rules, 2026, effective from April 1, 2026. This amendment clarifies that income from investments made before April 1, 2017, will be treated separately and will not be subject to certain provisions related to post-2017 arrangements. While the General Anti-Avoidance Rules (GAAR) will apply to arrangements regardless of when they were entered into, an exception protects income from pre-April 1, 2017 investments, aiming to provide tax certainty and reduce disputes.
The Central Board of Direct Taxes (CBDT) has officially notified the Income-tax (Amendment) Rules, 2026, introducing crucial modifications to Rule 128 of the Income Tax Rules, 2026. The amendments, issued via Notification No. 55/2026, will come into effect from April 1, 2026.
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FAQ :
The amendment clarifies that income arising from the transfer of investments made before April 1, 2017, will be treated separately and will not be subject to certain provisions linked with post-2017 arrangements.
The amendments will come into effect from April 1, 2026.
GAAR provisions will apply to any arrangement, regardless of when it was entered into, with an exception for income arising from investments made before April 1, 2017.
Yes, income from investments made before April 1, 2017, is safeguarded and will be treated separately, reducing potential tax disputes.
The amendment aims to provide certainty on the tax treatment of legacy investments, reinforce the scope of GAAR, avoid retrospective tax disputes, and align with transparent tax administration.