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Monday, February 9, 2026

09/02/26, New Income Tax vs Old


After going through the draft Income-tax Rules, 2026, one thing becomes clear that the old tax regime may not fade away anytime soon.

The Income Tax Department on Friday released the draft rules  that will operationalise the New Income Tax Act, 2025 from April 1, 2026. The scale of simplification is visible. The number of rules has been reduced from 511 to 333 and forms from 399 to 190.

With the Act scheduled to kick in coming financial year, the government has now opened the draft for stakeholder consultation.

These rules lay down the detailed procedures taxpayers and professionals must follow aimed at simplifying compliance and reducing litigation. However, while the new tax law intends to streamline taxation, some provisions surprisingly make the old tax regime more appealing.

HRA relief expands to more cities
One major proposal is the expansion of cities eligible for the higher 50 percent House Rent Allowance (HRA) exemption under the old regime.

Currently, only four metro cities qualify: Mumbai, Delhi, Kolkata and Chennai. The draft rules propose adding Bengaluru, Hyderabad, Pune and Ahmedabad to this list, while other cities will continue with the 40 percent limit.

Tax experts say this reflects the reality of rising housing costs in India's major employment hubs.

"This revision reflects an effort to modernise HRA provisions in line with changing urban demographics and escalating residential costs in key economic centres," said Himank Singla, Founding Partner, SBHS & Co.

Inflation adjustment introduced

Another notable change is the revision of allowances that had remained unchanged for decades.

Children education allowance is proposed to rise from Rs 100 to Rs 3,000 per month per child (maximum two children). Hostel expenditure allowance also increases from Rs 300 to Rs 9,000 per month per child.

These changes effectively restore the relevance of exemptions that had become meaningless due to inflation. As a result, taxpayers who benefit from deductions and allowances may reconsider the old regime.

Separately, the draft also tightens compliance for foreign income reporting. Claims of foreign tax credit through Form 44 will now require certification by a chartered accountant in two cases for companies, or where foreign tax paid exceeds Rs 1 lakh. The accountant must verify income records, tax payment evidence and treaty eligibility.

Why the old regime may stay relevant

For the past few years, the government has nudged taxpayers toward the new regime by lowering tax rates and reducing deductions. But the latest draft rules subtly rebalance the equation.

By modernising exemptions and adjusting allowances for inflation, the old regime regains practical value for many salaried taxpayers especially those paying rent, supporting children's education, or having structured financial planning.

By Teena Jain Kaushal,  Network18

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