The Statutory Brief

IT Act 1961 → 2025 / Sections 28–44A

Business income

Sections 28–44A → Sections 26–57

Business income charge, rent/repairs, other deductions (36), deemed profits (41), actual cost (43), forex, ICDS, insurance

Sections 28–44A of the old Income-tax Act, 1961 · new sections 26–57 under the Income-tax Act, 2025

New reference Sections 26 to 57 (computation of business income)

Income-tax Act, 1961Sections 28–44A

  • 28: income chargeable under 'Profits and gains of business or profession'
  • 30, 31: rent, repairs, insurance; 36: interest, bad debts, employer contributions etc.
  • 41: remission or cessation of liability taxed; 43: definitions incl. actual cost
  • 43A/43AA forex; 43CB construction contracts; 43D interest of financial institutions; 44 insurance

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

Income-tax Act, 2025Sections 26 to 57 (computation of business income)

  • 26: charge; 27: manner of computation
  • 28: rent, rates, taxes, repairs and insurance (old 30, 31); 36 split into 29–32
  • 38: deemed profits (old 41); 39: actual cost; 40: cost of certain assets (old 43C)
  • 42, 43: forex; 57: revenue recognition for contracts; 55: insurance; 56: financial institutions

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

Section-by-section mapping (16 sections)

1961 ActSubject2025 Act
28Profits and gains of business or profession26
29Manner of computing profits and gains of business or profession27
30Rent, rates, taxes, repairs and insurance for buildings28
31Repairs and insurance of machinery, plant and furniture28
36Other deductions (interest, bad debts, PF/ESI etc.)29, 30, 31, 32
38Building, etc., partly used for business, etc., or not exclusively used28, 33
41Profits chargeable to tax38
43Definitions of certain terms relevant to income from profits and gains of business or profession39, 41, 66
43ASpecial provisions consequential to change in rate of exchange of currency42
43AATaxation of foreign exchange fluctuation43
43CSpecial provision for computation of cost of acquisition of certain assets40
43CBIncome from construction and service contracts (ICDS)57
43DInterest income of public financial institutions etc56
44Insurance business55
44ASpecial provision in the case of trade, profession or similar association50
59Profits chargeable to tax95

Source: CBDT mapping of sections, Income-tax Act 1961 to Income-tax Act 2025.

What changed

Renumbered and reorganised; old section 36 is split across sections 29–32 and old 43 across 39, 41 and 66. Depreciation (32), 37, 40(a), 40A(3), 43B and 44AB have their own pages.

Practice notes

  • Employees' PF/ESI contributions: from tax year 2026-27 deductible if credited by the return due date (section 29(1)(e), substituted by FA 2026) — see the 36(1)(va) page.
  • 59 (old: deemed profits on recovery of deduction) maps to section 95.

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 section 28 called in the new Income-tax Act, 2025?

Section 28 of the Income-tax Act, 1961 (Profits and gains of business or profession) corresponds to section 26 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 29 called in the new Income-tax Act, 2025?

Section 29 of the Income-tax Act, 1961 (Manner of computing profits and gains of business or profession) corresponds to section 27 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 30 called in the new Income-tax Act, 2025?

Section 30 of the Income-tax Act, 1961 (Rent, rates, taxes, repairs and insurance for buildings) corresponds to section 28 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 31 called in the new Income-tax Act, 2025?

Section 31 of the Income-tax Act, 1961 (Repairs and insurance of machinery, plant and furniture) corresponds to section 28 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 36 called in the new Income-tax Act, 2025?

Section 36 of the Income-tax Act, 1961 (Other deductions (interest, bad debts, PF/ESI etc.)) corresponds to section 29, 30, 31, 32 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What is section 38 called in the new Income-tax Act, 2025?

Section 38 of the Income-tax Act, 1961 (Building, etc., partly used for business, etc., or not exclusively used) corresponds to section 28, 33 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What changed in Sections 28–44A under the new Income Tax Act?

Renumbered and reorganised; old section 36 is split across sections 29–32 and old 43 across 39, 41 and 66. Depreciation (32), 37, 40(a), 40A(3), 43B and 44AB have their own pages.

Related sections