The Central Board of Direct Taxes (‘CBDT’) has released the Draft
Income-tax Rules, 2026, along with accompanying Draft Forms, to operationalize
the Income-tax Act, 2025, which is scheduled to come into force on April 1,
2026. These draft rules are currently in the public domain for feedback until
February 22, 2026. The new framework aims to simplify compliance by reducing
the number of rules from 511 to 333 and forms from 399 to 190. A comprehensive
overview of key proposed changes, featuring combined common rules and forms, is
tabulated below:
|
Particulars
|
Remarks
|
Old Rule/Form
|
New Rule/Form
|
|
Tax Audit Report
|
- Expands
reporting requirements to include details of accounting software and
cloud storage (including IP address and country location), backup server
particulars,
- Reporting
of foreign remittances not subjected to withholding tax,
- Disclosures
relating to utilisation of MAT/AMT credit.
|
Form 3CA, 3CB, 3CD
|
Form 26
|
|
Transfer Pricing Audit Report
|
- Requires
detailed disclosure of ALP determination for each transaction, including
number of comparables, inter-quartile range and economic adjustments.
- Mandates
specific confirmation on maintenance of TP documentation.
- Introduces
granular reporting for stock compensation, asset cost/depreciation, and
software/tools/licenses/ databases provided by AEs or developed
in-house.
- Requires
disclosure of travel, and other expenses incurred by AEs for employees
of the assessee.
- Requires
reporting of forex fluctuation and subsidies/grants, including
confirmation whether recorded in books and considered in ALP
computation.
- Requires
disclosure of details of any Advance Pricing Agreement (APA), where
applicable.
|
Form 3CEB
|
Form 48
|
|
Treaty Benefit Documentation
|
- Mandatory
furnishing of Form 41 for claiming treaty benefits, removing the earlier
relaxation where Form 10F was required only if prescribed details were
absent in TRC
- Disclosure
of a communication address in India, which may pose practical challenges
for non-resident entities without a presence in India.
|
Form 10F
|
Form 41
|
|
Foreign Tax Credit (FTC)
|
- Consolidates
FTC compliance by mandating accountant certification for all companies
(and others ≥ Rs. 1 lakh tax)
|
Rule 128 / Form 67
|
Rule 76 / Form 44
|
|
Disputed Foreign Tax
|
- Intimation
of settlement of foreign tax disputes where credit was not initially
claimed
- Requires
evidence of tax discharge within 6 months.
|
New Provision
|
Form 45
|
|
TCS Due Dates
|
- Aligns
the due dates for quarterly statements of TCS the existing due dates for
TDS statements
|
Rule 31AA
|
Rule 219
|
|
Defective Returns
|
- Scope
of defective return prescribed as follows:
- Applicable
schedules/fields are not furnished,
- Tax
audit report (where applicable) is not filed prior to return filing,
- Updated
returns do not disclose tax payment details
- Mismatch
in MAT/AMT credit claimed vis-à-vis credit allowed in the latest return.
|
New Rule
|
Rule 166
|
|
Form of Appeal before CIT(A)
|
- Provides
separate disclosure fields for block assessments, regular assessments,
penalty matters and TDS assessments.
- Introduces
declaration for repetitive appeals where identical questions of law are
pending before the HC or SC.
- Requires
certification that immunity from penalty is not being sought where an
appeal is filed.
- Permits
submission of earlier appellate orders on issues already decided.
|
Form 35
|
Form 99
|
|
Statement of Financial Transactions
|
- Rationalises
SFT reporting thresholds by reducing the limit from Rs. 10 lakh to Rs. 5
lakh (where PAN is not available) for specified cash transactions and
foreign currency transactions.
- Expands
reporting of purchase of RBI-issued prepaid instruments to transactions
exceeding Rs. 10 lakh irrespective of mode of payment.
- Revises
immovable property reporting threshold to Rs. 45 lakh from Rs. 30 lakh
and expands scope to include gifts and joint development arrangements.
- Introduces
SFT reporting for insurance premium receipts, with graded thresholds of
Rs. 10 lakh (PAN available) and Rs. 5 lakh (PAN not available), to be
reported by insurers.
|
Rule 237/ Form 165
|
Rule 114E/ Form 61A
|
|
Motor Car Perquisite
|
- Employer-owned
motor car (mixed official and personal use): Perquisite valuation
significantly increased to Rs. 5,000 p.m. (plus Rs. 3,000 chauffeur) for
cars up to 1.6L engine capacity and Rs. 7,000 p.m. (plus Rs. 3,000
chauffeur) for cars exceeding 1.6L
- Employee-owned
motor car (expenses reimbursed by employer): Any reimbursement towards
running and maintenance expenses exceeding the prescribed limits
proposed to be treated as a taxable perquisite.
|
Rule 3
|
Rule 15
|
|
HRA Framework
|
- Combines
expansion of 50% HRA exemption to include Bengaluru, Hyderabad, Pune,
and Ahmedabad
- Requirement
to disclose the relationship with the landlord.
|
Rule 2A / Form 12BB
|
Rule 279 / Form 124
|
|
Tax free meal limit and gifts
|
- Elevates
tax-free meal limit from Rs. 50/meal to Rs. 200/meal, benefit extended
to the new tax regime.
- Increase
gift limit to from Rs. 5,000 p.a. Rs. 15,000 p.a.
|
Rule 3
|
Rule 15
|
|
Employer Loans
|
- Increases
the exemption limit for interest-free or concessional employer loans
from Rs. 20,000 to an aggregate of Rs. 2,00,000.
|
Rule 3
|
Rule 15
|
|
Children Education Allowance & Hostel
Allowance
|
- Increases
tax-free limits for:
- Children
Education Allowance from Rs. 100 p.m. per child to Rs. 3,000 p.m. per
child
- Hostel
Allowance from Rs. 300 p.m. per child to Rs. 9,000 p.m. per child
|
Rule 2BB
|
Rule 280
|
|
Leave Travel (LTC)
|
- Removes
restriction of LTC exemption to economy-class airfare and allows
exemption based on the class of travel to which the employee is
entitled.
- Revises
LTC valuation where no recognised public transport exists with a fixed
limit of Rs. 30/km for the shortest route.
|
Rule 2B
|
Rule 278
|
|
ITR-1 Eligibility
|
- Relaxes
eligibility conditions for filing SAHAJ (ITR-1) to include individuals
owning up to two house properties.
|
Rule 12
|
Rule 164
|
|
New Regime Option
|
- Dispenses
with the requirement to file a separate form for opting into the New Tax
Regime, allowing exercise directly in the return.
|
New Provision
|
Rule 136
|
Overall, the Draft Income-tax Rules, 2026 signal
a clear transition towards a digitised, disclosure-driven compliance framework
with enhanced reporting standards, expanded certifications and increased data
alignment across filings. While several proposals aim at simplification through
consolidation of rules and forms, they simultaneously introduce deeper
reporting obligations requiring early preparedness from taxpayers, auditors and
compliance teams.
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