Big Tax Update: CBDT Revises Rule 128 Under Income Tax Rules 2026



Quick Summary
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.

CBDT Revises Rule 128: Tax on Pre-2017 Investments

Key Highlights of the Amendment

1. Clarification on Pre-2017 Investments

The amended Rule 128 now explicitly provides that:

  • Any income arising from the transfer of investments made before April 1, 2017, will be treated separately.
  • Such income will not be subject to certain provisions linked with post-2017 arrangements , ensuring relief for taxpayers holding legacy investments.

2. Revised Scope of Chapter XI (GAAR Provisions)

The amendment strengthens the applicability of Chapter XI (General Anti-Avoidance Rules - GAAR) by stating:

  • GAAR provisions will apply to any arrangement, regardless of when it was entered into.
  • However, an exception has been carved out for income arising from investments made before April 1, 2017.

3. Retrospective vs Prospective Balance

The notification brings clarity by:

  • Applying GAAR provisions prospectively on tax benefits arising on or after April 1, 2017
  • While safeguarding income linked to pre-2017 investments, thereby reducing litigation risks and interpretational ambiguity.

Why This Amendment Matters

The update to Rule 128 is significant for taxpayers, multinational entities, and tax professionals as it:

  • Provides certainty on the tax treatment of legacy investments
  • Reinforces the intent and scope of GAAR provisions
  • Helps avoid retrospective tax disputes
  • Aligns with the government’s broader objective of transparent and predictable tax administration

Expert Insight

Tax experts believe that the amendment strikes a balanced approach ensuring anti-abuse rules are effectively applied, while protecting genuine past investments from unintended tax consequences.

Click here to view/download the official copy of the notification

Conclusion

With the Income-tax (Amendment) Rules, 2026 coming into force from April 1, taxpayers should carefully review their cross-border arrangements and historical investments to assess potential implications under the revised Rule 128 framework.

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.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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