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ITA 1961 → ITA 2025Definitions

Section 2(42A) Section 2(65)

Short-term capital asset

RetainedVery High - Determines the tax rate applicable on sale.

Quick Answer

Section 2(42A) of the Income Tax Act, 1961 (Short-term capital asset) corresponds to Section 2(65) of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 2(42A)

Under the Income Tax Act, 1961, Section 2(42A) governs short-term capital asset. Asset held for not more than 36 months (or 12/24 months for specified assets like shares/real estate).

Under the Income-tax Act, 2025 (effective 1st April 2026), Section 2(42A) is retained and renumbered as Section 2(65) of the Income-tax Act, 2025. Holding periods simplified. The 36-month, 24-month, and 12-month criteria are streamlined to reduce complexity for unlisted shares and mutual funds.

The transition impact on Section 2(42A) is assessed as Very High. Determines the tax rate applicable on sale.

Old Law (ITA 1961)Ch: I

Sec 2(42A)

Provision Summary

Asset held for not more than 36 months (or 12/24 months for specified assets like shares/real estate).

New Law (ITA 2025)Ch: I

Sec 2(65)

Provision Summary

Holding periods simplified. The 36-month, 24-month, and 12-month criteria are streamlined to reduce complexity for unlisted shares and mutual funds.

Key Changes & Highlights

  • Holding periods heavily standardized across asset classes to end classification disputes.

Related Sections

Frequently Asked Questions

Which subject does Section 2(42A) of the 1961 Act cover?

Section 2(42A) of the Income Tax Act, 1961 covers short-term capital asset. Asset held for not more than 36 months (or 12/24 months for specified assets like shares/real estate).

What is the new section number for Section 2(42A) under the Income-tax Act, 2025?

Section 2(42A) of the Income Tax Act, 1961 maps to Section 2(65) of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Holding periods simplified. The 36-month, 24-month, and 12-month criteria are streamlined to reduce complexity for unlisted shares and mutual funds.

How does the Income-tax Act, 2025 affect Section 2(42A) in practice?

The transition impact for Section 2(42A) is rated Very High. Determines the tax rate applicable on sale.

What is new about Section 2(42A) under the Income-tax Act, 2025?

Holding periods heavily standardized across asset classes to end classification disputes. These points are specific to Section 2(42A) (Short-term capital asset).

Disclaimer: This mapping of Section 2(42A) (Short-term capital asset) to Section 2(65) of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 2(42A) is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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