INCOME-TAX ACT 1961 (Syllabus: GS Paper 3 – Economy)

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Context: The government is undertaking a comprehensive review of the Income-Tax Act, with the exercise expected to be completed before the next Budget.


Income-Tax Act 1961

  • About: It is the charging statute for Income Tax in India, detailing the levy, administration, collection, and recovery of income tax.
  • Enforcement: 1962
  • Introduction of Direct Taxes Code: The Government of India proposed the "Direct Taxes Code" to replace both the Income Tax Act, 1961, and the Wealth Tax Act, 1957.
  • Purpose: The Act outlines all taxation-related processes, including levy, collection, administration, and recovery of income tax.
  • Consolidation and Amendment: The primary goal of the Act is to consolidate and amend taxation rules in the country.
  • Detailed Sections: The Income Tax Act contains numerous sections addressing various aspects of taxation in India.


Impact of the Direct Tax Code, 2009

  • Simplification and Alignment: The Direct Tax Code (DTC) aimed to simplify and streamline the direct tax system, aligning with international practices on emerging issues.
  • Incorporation into the Income Tax Act: Many provisions from the DTC, such as Place of Effective Management (POEM) and general anti-avoidance rules, have been incorporated into the Income Tax Act.

Global Tax Avoidance Rules

  • Purpose of Global Reforms: Global tax reforms aim to address tax avoidance through artificial structures and benefit all countries, including India.
  • Key Components: The reforms include taxation of the digital economy via the redistribution of tax rights and jurisdictional minimum tax rates, outlined in BEPS Pillars 1 and 2.
  • Concerns of Inequality: There is concern that these reforms might disproportionately benefit developed economies.
  • Call for Equitable Rules: There is a push for developing international tax rules under the UN rather than the OECD, with India expected to advocate for a fairer framework as a significant voice of the Global South.


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