Income-tax Act, 2025: Continuation of Exemptions and Pending Proceedings under Repealed Income-tax Act, 1961


Quick Summary
This notification clarifies that exemptions and pending legal proceedings under the repealed Income-tax Act, 1961, will continue to be recognised and handled under the new Income-tax Act, 2025. Specifically, the Haryana State Board of Technical Education (HSBTE) has been notified for continued exemption of certain incomes under section 10(46) of the old Act, provided it adheres to specific conditions. This notification is effective from assessment year 2024-25.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 3rd August, 2026

S.O. 4307(E).— Whereas, section 10 (46) of the Income-tax Act, 1961 (43 of 1961) provided for exemption of specified income of certain bodies or authorities or Boards or Trusts or Commissions as may be notified by the Central Government in the Official Gazette for the purposes of that section;

And whereas, the Income-tax Act, 1961 (43 of 1961) was repealed by section 536 (1) of the Income-tax Act, 2025 (30 of 2025);

And whereas, section 536(2)(a) and (b) of the Income-tax Act, 2025 (30 of 2025), inter alia, provides that irrespective of the repeal of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Act of 1961) and subject to sub-section (4) thereof, nothing shall affect-
(i) the previous operation of the provisions of the Act of 1961 and any order or anything duly done or suffered there under; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred under the Act of 1961 or orders under that Act;

And whereas, section 536(2)(c) of the Income-tax Act, 2025 (30 of 2025) provides that the provisions of the Act of 1961 shall continue to apply to any proceeding pending on the date of commencement of the Income-tax Act, 2025 (30 of 2025) and to any proceedings initiated on or after the 1st April, 2026 (including notices, assessment,reassessment, recomputation, rectification, penalty, reference, revision and appeals) in respect of any tax year beginning before the 1st April, 2026 and such proceedings shall be carried out as per the procedure specified in the Act of 1961;

And whereas, section 536(2)(e) of the Income-tax Act, 2025 (30 of 2025) provides that any proceeding pending on the date of its commencement before any income-tax authority or any other authority constituted under the repealed Income-tax Act, Appellate Tribunal, or any court, by way of application, appeal, reference or revision or by any other means, shall be continued and disposed of as if this Act had not been enacted;

Now, therefore, in pursuance of the provisions of section 536(2) (a) to (c) and (e) of the Income-tax Act, 2025(30 of 2025), the Central Government hereby notifies, for the purposes of section 10 (46) of the Act of 1961, ‘Haryana State Board of Technical Education (HSBTE), Panchkula’ (PAN: AAAGT0008A), a Board constituted by the State Government of Haryana under the Haryana Board of Technical Education Act, 2008 (Act No. 19 of 2008), in respect of the following specified income arising to the said board namely :-

(a) Grants, Assignments and Contributions and loans received from the Central Government and the State Government of Haryana;
(b) Fees, such as Affiliation Fees, Examination Fees, Migration Fees, Transcription Fees, etc.;
(c) Royalties and charges including penalties;
(d) Bequests, donations and endowments or other contributions;
(e) Sale proceeds of any securities and Rents and profits from property vested in Haryana State Board of Technical Education; and
(f) Interest earned on bank deposits.

2. This notification shall be effective subject to the conditions that the Haryana State Board of Technical Education(HSBTE), Panchkula –
(a) shall not engage in any commercial activity;
(b) its activities and the nature of the specified income shall remain unchanged throughout the financial years;
and
(c) shall file return of income in accordance with the provisions of section 139(4C) (g) of the Act of 1961.

3. Failure to comply with these conditions shall result in the initiation of penal actions under the provisions of the Act of 1961, and withdrawal of exemption granted under section 10(46) of the Act of 1961.

4. This notification shall be deemed to have been applied for assessment year 2024-25 relevant for the financial year 2023-24.

[Notification No. 103/2026/F. No.300196/76/2024-ITA-I]
HARDEV SINGH, Under Secy.

Explanatory Memorandum

It is certified that the interests of no person are being adversely affected by giving retrospective effect [with effect from the year of application filed before the Board or Income-tax Department] to this notification

FAQ :

Yes, the Income-tax Act, 2025, ensures that rights, privileges, and obligations accrued under the Income-tax Act, 1961, remain unaffected. This includes previously granted exemptions.

Any proceedings pending on the commencement date of the Income-tax Act, 2025, or initiated on or after 1st April 2026 for tax years beginning before 1st April 2026, will continue to be dealt with as per the procedures of the Income-tax Act, 1961.

The Haryana State Board of Technical Education (HSBTE), Panchkula, is notified for continued exemption of specified incomes under section 10(46) of the Income-tax Act, 1961.

HSBTE must not engage in any commercial activity, its activities and income nature must remain unchanged, and it must file its income return as per section 139(4C)(g) of the Act of 1961.

This notification is deemed to have been applied for assessment year 2024-25, which is relevant for the financial year 2023-24.

Failure to comply with the conditions can lead to penal actions under the Income-tax Act, 1961, and the withdrawal of the exemption granted under section 10(46) of the Act of 1961.

 

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