What this means
Section 40 of IT Act 1961 (disallowance for: salaries/interest paid to partners above prescribed limits, payments without TDS to non-residents, fringe benefit tax) maps to Section 40 of IT Act 2025. Partner remuneration limits and TDS-linked disallowances are retained. Verify on the income-tax portal before filing.
Change type — Rules substantively changed
This section has been substantively changed in the IT Act 2025. Rates, thresholds, or conditions may differ from the old provision. Verify the new section carefully before applying to Tax Year 2026-27 onwards.
Effective date
This change takes effect from 1 April 2026 (Tax Year 2026-27 onwards). For income earned before 1 April 2026, the old Section 40 continues to apply under the transitional provisions of Section 536 of the IT Act 2025. Returns for FY 2025-26 (AY 2026-27) are filed under the IT Act 1961 — old section numbers apply.
Confidence: medium. This mapping is inferred from structural analysis — verify against the official IT Act 2025 text on incometaxindia.gov.in before relying on it.
Frequently asked questions
Where did Section 40 go in the Income Tax Act 2025?▾
Section 40 of the IT Act 1961 maps to 40 in the IT Act 2025, effective 1 April 2026. Section 40 of IT Act 1961 (disallowance for: salaries/interest paid to partners above prescribed limits, payments without TDS to non-residents, fringe benefit tax) maps to Section 40 of IT Act 2025. Partner remuneration limits and TDS-linked disallowances are retained. Verify on the income-tax portal before filing.
Does Section 40 still apply for FY 2025-26 (AY 2026-27)?▾
Yes. For income earned in FY 2025-26 (April 2025 to March 2026), the IT Act 1961 continues to apply — including Section 40. The IT Act 2025 (and its new section numbering) applies from Tax Year 2026-27 (income earned on or after 1 April 2026). Verify on the income-tax portal before filing.
What is the new section number for 40 in the IT Act 2025?▾
The new corresponding provision is 40 under the Income Tax Act 2025. Change type: Rules substantively changed. This section has been substantively changed in the IT Act 2025. Rates, thresholds, or conditions may differ from the old provision. Verify the new section carefully before applying to Tax Year 2026-27 onwards. Verify on the income-tax portal before filing.