Section 536 Amendment: Past Deductions to Be Treated as Income from AY 2026-27



Quick Summary
The government is amending Section 536(2)(h) of the Income-tax Act, 2025, to clarify how past deductions or income exclusions under the old 1961 Act will be treated. Previously, these could only be taxed if conditions were violated. The new amendment ensures that amounts allowed as deductions or not included in income under the 1961 Act will be considered income under the 2025 Act from the tax year 2026-27 onwards, even if no conditions were breached. This change aims to prevent unintended tax benefits and ensure continuity in taxation principles.

The Government has proposed a significant clarification to the repeal and savings provisions under the Income-tax Act, 2025 , addressing situations where deductions or income exclusions allowed under the repealed Income-tax Act, 1961 may need to be taxed in later years.

This clarification is proposed through an amendment to Section 536(2)(h) of the new Act and is aimed at closing interpretational gaps that could otherwise lead to unintended tax benefits.

Section 536 Amendment: Past Deductions Now Income from AY 2026-27

Existing Provision Under Section 536(2)(h)

Section 536(2)(h) currently provides that where:

  • Any deduction has been allowed , or
  • Any amount has not been included in total income

under the repealed Income-tax Act, 1961, subject to fulfilment of certain conditions and

  • Those conditions are violated in a later year,

then such amount shall be deemed to be income in the tax year in which the violation occurs.

This ensures continuity and prevents misuse of conditional tax benefits claimed under the old law.

The Gap in the Current Law

However, several provisions under the repealed Income-tax Act, 1961 require taxation of earlier deductions or excluded income even without any violation of conditions.

In such cases:

  • The inclusion of income is triggered automatically by operation of law and
  • Not by breach or non-compliance of any specific condition.

The current wording of Section 536(2)(h) does not cover these scenarios, creating uncertainty over whether such amounts can be taxed under the new Income-tax Act, 2025.

Proposed Amendment: Wider Scope of Deemed Income

To address this issue, it is proposed that Section 536(2)(h) be amended to provide that:

  • Where any sum was allowed as a deduction or not included in total income under the repealed Income-tax Act, 1961,
  • Such sum shall be deemed to be income under the Income-tax Act, 2025,
  • Even without violation of any conditions,
  • If the amount would have been includible in total income under the Income-tax Act, 1961 had it not been repealed.

This amendment ensures that tax consequences intended under the old law continue seamlessly under the new regime.

Effective Date

  • Effective from: 1st April 2026
  • Applicable from: Tax Year 2026-27 onwards
  • Legislative reference: Clause 107

Why This Clarification Matters

  • Prevents unintended tax leakage during the transition to the new tax law
  • Ensures continuity of taxation principles despite the repeal of the 1961 Act
  • Reduces litigation by eliminating ambiguity around savings clauses
  • Brings alignment between old-law tax triggers and new-law enforcement

Key Takeaway

Taxpayers who claimed deductions or exclusions under the old Income-tax Act must carefully evaluate whether such amounts could now be deemed as income under the Income-tax Act, 2025 , even in the absence of any breach of conditions. The amendment reinforces the Government’s intent that repeal of the old law should not result in unintended tax advantages.

Official copy of the Clause is as follows

Clarifying repeal and savings clause where amount allowed as deduction earlier is to be treated as income in a later year

Section 536(2)(h) of the Act provides that where any deduction has been allowed or any amount has not been included in the total income under the repealed Income-tax Act, 1961, subject to fulfilment of certain conditions, then on violations of such conditions, such amount will be deemed to be income in the tax year in which violation takes place. 

2. However, there are provisions in the repealed Act, where any deduction allowed or any income which has not been included in the total income under the repealed Income-tax Act, 1961 may have to be included as income as per the provisions of the Income-tax Act, 1961 under the provisions of Income-tax Act, 2025, even without violations of any conditions. Section 536(2)(h) presently does not cover these cases.

3. Thus, to include such situations, it is proposed that where any sum has been allowed as deduction or has not been included in the total income under the repealed Income-tax Act, 1961, such sum will be deemed to be income under Income-tax Act, 2025, even without violations of any conditions, if it was to be included in the total income under the provisions of Income-tax Act, 1961 had it not been repealed. 

4. It is proposed to amend section 536(2)(h) of the Act. 

5. The amendment will take effect from the 1st day of April, 2026 and will, accordingly, apply to tax year 2026-27 and subsequent tax years.

[Clause 107]

FAQ :

The amendment clarifies that past deductions or income exclusions allowed under the repealed Income-tax Act, 1961, will be treated as income under the new Income-tax Act, 2025, from the tax year 2026-27 onwards, even if no conditions were violated.

The amendment will take effect from 1st April 2026 and will apply to the tax year 2026-27 and subsequent tax years.

No, the amendment specifically addresses situations where amounts allowed as deductions or not included in income under the 1961 Act will be deemed income under the 2025 Act, even without any violation of conditions.

This clarification is being made to prevent unintended tax leakage, ensure continuity of taxation principles, reduce ambiguity, and align old-law tax triggers with new-law enforcement during the transition to the new tax law.

Taxpayers who claimed deductions or exclusions under the old Income-tax Act, 1961, should carefully evaluate whether such amounts could now be deemed as income under the Income-tax Act, 2025.




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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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