Transition Provisions: What Happens to Pending Assessments & Appeals Under the Income-tax Act 2025
Reviewed by CA Nikhil Gupta · Last reviewed 17 June 2026
If you have an open income tax assessment, a pending appeal before CIT(A) or ITAT, or an ongoing reassessment proceeding when the Income-tax Act, 2025 takes effect on 1 April 2026, you may be wondering: does my case now fall under a different law entirely? The answer, based on the standard 'savings clause' approach used in major tax law transitions, is reassuring — here's what to expect.
The General Principle: Savings Clauses
When a tax statute is repealed and replaced, it's standard legislative practice to include a 'savings clause' (or transitional provisions) that preserves the validity of actions already taken under the old law and ensures pending proceedings continue without disruption. Major tax law transitions — including India's GST rollout, which replaced multiple indirect tax statutes — relied on such savings clauses to ensure pending assessments, refunds, and appeals under the old laws continued to be processed under the framework (and often the same authorities) that existed when the proceeding began. The Income-tax Act, 2025 is expected to follow this same approach for income tax proceedings.
What This Likely Means in Practice
| Situation as of 31 March 2026 | Expected Treatment |
|---|---|
| Assessment for FY2024-25 or earlier, not yet completed | Continues to be processed under the framework/procedure applicable when initiated, with section references understood as per the old Act for that period |
| Appeal pending before CIT(A)/ITAT | Continues before the same appellate authority; the substantive law applied is the law as it stood for the relevant assessment year (i.e., the old Act's provisions for pre-FY2026-27 years) |
| Refund due for FY2025-26 (AY 2026-27) or earlier | Processed under the existing refund framework, even if processed after 1 April 2026 |
| Reassessment/reopening notice for old years | Governed by the limitation periods and procedures applicable under the 1961 Act for that assessment year |
| Penalty proceedings initiated before 1 April 2026 | Continue under the provisions applicable when initiated |
What You Should NOT Do
- Don't assume a pending appeal becomes invalid or needs to be refiled under the new Act — appeals continue before the same forum (CIT(A), ITAT, High Court, Supreme Court) under the procedural framework that applied when filed.
- Don't cite new Act section numbers for old-year disputes — if your dispute relates to, say, FY2023-24, continue referencing the old Section 80C, 194C, etc. as applicable to that year. Citing the new Section 123/393 numbers for an old-year matter could create confusion.
- Don't ignore notices relating to old years assuming they're now governed by a 'new' law that doesn't apply to you — the underlying tax liability and dispute resolution process for pre-FY2026-27 years continues regardless of the new Act's commencement.
What Professionals Should Track
Tax professionals handling a mix of old-year disputes and new-year compliance will, for some years, need to operate in both frameworks simultaneously — citing 1961 Act provisions for ongoing disputes about FY2025-26 and earlier, while citing 2025 Act provisions for FY2026-27 compliance. This dual-framework period is expected to last for several years, until all pending matters relating to pre-2026-27 years are resolved through the appellate hierarchy (which can take years for matters reaching ITAT, High Court, or Supreme Court).
If You're Unsure Which Framework Applies
For any specific pending matter, the determining factor is the assessment year/tax year to which the dispute relates, not the date on which a particular notice or order is issued. A notice issued in 2027 relating to FY2024-25 (AY2025-26) is governed by the 1961 Act framework for that year; a notice issued in 2027 relating to Tax Year 2026-27 is governed by the 2025 Act. When in doubt, consult a CA familiar with the specific transitional provisions as finally notified.
2026 current-law quick reference
What changes the answer?
| What to check | What to do | Common mistake to avoid |
|---|---|---|
| Core classification | The 2025 Act’s repeal-and-savings/transition rules preserve the legal framework for many pre-1-April-2026 years, proceedings, rights and liabilities. Do not recite a 2025 Act section to answer an AY 2026–27 dispute without first applying the transition rule. | Do not decide from the label used on an invoice, agreement or bank narration alone. |
| Edge case | Procedural steps after 1 April 2026 can use new machinery while substantive liability remains tied to the earlier year/law; check the Department’s transition FAQs. | Recompute when the fact pattern crosses this boundary. |
| Evidence | Reconcile the documents below to the tax/regulatory return before filing. | A correct legal rule with an unreconciled evidence trail can still fail in assessment or audit. |
| Effective date | Apply the law/form/rate for the actual transaction, tax year or proceeding date. | Do not mix FY 2025–26/AY 2026–27 legacy references with post-1-April-2026 forms. |
Worked practical example
An assessment notice issued after 1 April 2026 concerns AY 2025–26. Identify the savings/transition provision before choosing substantive section citations.
Evidence checklist
- AY/tax-year timeline
- notice/order dates
- legacy provision
- transition FAQ/mapping
- appeal/proceeding status
Primary-source checks: Income Tax Act 2025 hub / transition · Income Tax Department current tax guidance
How to use this: This current-law summary reflects the latest position. Where it conflicts with an older rate, threshold, form or section reference elsewhere on the page, rely on the current, dated primary source above.
Frequently Asked Questions
Source and review trail
Use the current official instrument, portal or regulator publication before acting. This panel separates the category authority from page-specific references.
- Primary category
- Income Tax
- Official starting point
- www.incometaxindia.gov.in
Page source links
The prior page did not embed a page-specific external source. The category authority above is the minimum verification starting point; a specific instrument should be added when available.