The Statutory Brief

IT Act 1961 → 2025 / Section 115BBH

Tax rates & regime

Section 115BBH → Section 194

30% tax on income from crypto / virtual digital assets

Section 115BBH of the old Income-tax Act, 1961 · new section 194 under the Income-tax Act, 2025

New reference Section 194, Table Sl. No. 4 (115BBJ online games → Sl. No. 5)

Income-tax Act, 1961Section 115BBH

  • 30% on VDA transfer gains
  • No deduction except cost of acquisition
  • VDA losses cannot be set off or carried forward

Applies to FY 2025-26 (AY 2026-27) and earlier years.

Income-tax Act, 2025Section 194, Table Sl. No. 4 (115BBJ online games → Sl. No. 5)

  • Section 194, Table Sl. No. 4: 30%
  • Only cost of acquisition deductible
  • No set-off or carry forward of VDA losses
  • Online game net winnings (old 115BBJ): Sl. No. 5, 30%

Applies from tax year 2026-27 (from 1 April 2026).

What changed

Moved into the special-rate table in section 194; rules unchanged.

Practice notes

  • TDS on VDA transfers is separate: section 393(1), Table Sl. No. 8(vi) (old 194S).

These are summaries, not the statutory text. Read the bare Act for both sections on the Income Tax Department's official site, which also has a side-by-side comparison utility.

Frequently asked

What is the tax on crypto under the new Income Tax Act 2025?

30% under section 194, Table Sl. No. 4, with no deduction other than cost and no set-off of losses.

What is section 115BBH called in the new Income-tax Act, 2025?

Section 115BBH of the Income-tax Act, 1961 corresponds to Section 194, Table Sl. No. 4 (115BBJ online games → Sl. No. 5) of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What changed in section 115BBH under the new Income Tax Act?

Moved into the special-rate table in section 194; rules unchanged.

Is section 115BBH still applicable for FY 2025-26?

Yes. Income of FY 2025-26 (AY 2026-27) and earlier years is governed by section 115BBH of the 1961 Act. Section 194, Table Sl. No. 4 (115BBJ online games → Sl. No. 5) of the 2025 Act applies from tax year 2026-27.

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