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Capital gains · effective 1 April 2026

Section 45 under the
Income-tax Act, 2025

Capital gains — charging provision

Income-tax Act, 1961
45
Income-tax Act, 2025
67
ConfirmedTaken from the ICAI Direct Taxes Committee concordance and independently checked against the bare statutory text of the Income-tax Act, 2025.

Topic

Capital gains — charging provisionCapital gains provisions under the Income-tax Act, 2025 (Act 30 of 2025).

What carried over

The substance of this provision was not changed by the re-write. What moved is the citation.

CAUTION on secondary sources: at least one widely-read commentary (CAclubindia's concordance article) states '45 -> 80', which is wrong — s.80 of the 2025 Act is the old s.50D (FMV deemed to be full value of consideration). The correct mapping is 45 -> 67, confirmed both by the ICAI concordance and by s.67's own text, and internally consistent with 46 -> 68, 46A -> 69, 47 -> 70, 48 -> 72.

Source

ICAI concordance row '67 | Capital gains. | 45'; verified against bare text of s.67(1) ('Any profits or gains arising from the transfer of a capital asset effected in a tax year shall, save as otherwise provided in sections 82, 83, 84, 85, ...').

Open the source document →

CBDT publishes its own correspondence utility on incometaxindia.gov.in and that is the authority. Spot-check anything high-stakes there before you rely on it.

Frequently asked

Is Section 45 mapped to Section 80 or Section 67?

Section 67. At least one widely-read commentary states '45 to 80', which is wrong — Section 80 of the 2025 Act is the old Section 50D (fair market value deemed to be full value of consideration). The 45 to 67 mapping is confirmed by the ICAI concordance and by the text of Section 67 itself, and is internally consistent with 46 to 68, 46A to 69, 47 to 70 and 48 to 72.

Still cite section 45 for
Income earned up to 31 March 2026 — that is FY 2025-26, Assessment Year 2026-27, governed by the Income-tax Act, 1961 even though you file it during 2026.
Cite 67 for
Income earned from 1 April 2026 — Tax Year 2026-27 onwards, governed by the Income-tax Act, 2025. Tax deducted on payments made on or after 1 April 2026 must be reported under the new section 393 table references and new challan/return codes. Quoting a legacy section such as 194C or 194J triggers validation failure.
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This is a navigational aid for the 1961 → 2025 transition, not tax advice. It helps you find the right place in the new Act when you already know the old section. Confirm every citation against the bare Act and against CBDT's own correspondence utility before relying on it in a return, certificate, notice reply or opinion. The source text used here is the Act as passed, so any rate or threshold amended by the Finance Act, 2026 is not reflected; section numbers are unaffected.

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