CBDT Notifies Noida SEZ Authority Under Section 10(46): Key Details of Notification No. 106/2026

The Central Board of Direct Taxes (CBDT) has issued Notification No. 106/2026-Income Tax, dated 4th August, 2026, formally notifying the Noida Special Economic Zone Authority (PAN: AAALN0639A) for exemption purposes under Section 10(46) of the Income-tax Act, 1961.

This notification has been issued in the exercise of powers conferred under Section 536(2)(a) to (c) and (e) of the Income-tax Act, 2025 (30 of 2025), which governs the transitional provisions following the repeal of the Income-tax Act, 1961 (43 of 1961).

Important Note: Although the Income-tax Act, 1961 has been repealed by Section 536(1) of the Income-tax Act, 2025, the transitional provisions under Section 536(2) ensure that rights, obligations, proceedings, and exemptions accrued or initiated under the repealed legislation continue to remain operative for the relevant periods.

Transitional Provisions Under the Income-tax Act, 2025

To appreciate the legal basis of this notification, it is essential to understand the relevant transitional provisions under the Income-tax Act, 2025 (30 of 2025):

Section 536(2)(a) and (b) — Preservation of Past Actions

Section 536(2)(a) and (b) of the Income-tax Act, 2025 provide that notwithstanding the repeal of the Income-tax Act, 1961, and subject to Section 536(4):

  • The prior operation of all provisions of the Act of 1961, along with any orders passed or actions duly taken thereunder, shall remain unaffected.
  • Any right, privilege, obligation, or liability that was acquired, accrued, or incurred under the Act of 1961 or orders issued under it shall continue to subsist.

Section 536(2)(c) — Continuity of Pending and New Proceedings

Section 536(2)(c) of the Income-tax Act, 2025 stipulates that the provisions of the Act of 1961 shall continue to apply in respect of:

  • Any proceeding that was pending as on the date of commencement of the Income-tax Act, 2025; and
  • Any proceeding initiated on or after 1st April, 2026, including notices, assessments, reassessments, recomputations, rectifications, penalties, references, revisions, and appeals — provided such proceedings relate to any tax year beginning before 1st April, 2026.

In all such cases, the procedure prescribed under the Act of 1961 shall govern.

Section 536(2)(e) — Disposal of Pending Appellate Proceedings

Section 536(2)(e) of the Income-tax Act, 2025 further provides that any proceeding pending before any income-tax authority, the Appellate Tribunal, or any court — whether by way of application, appeal, reference, revision, or otherwise — shall continue to be heard and disposed of as though the Income-tax Act, 2025 had not been enacted.

About Noida Special Economic Zone Authority