Income-Tax Bill 2025

14 Feb 2025

Income-Tax Bill 2025

The Income-Tax Bill, 2025, introduces a new ‘Tax Year’ concept, replacing the existing Assessment Year, aiming to simplify tax reporting.

About Income-Tax Bill, 2025

  • Simplification: Streamline the 1961 Income-tax Act by removing obsolete provisions, redundant clauses, and complex legal jargon.
  • Modernization: Reflect evolving economic realities (e.g., digital assets, new income sources).

Income-Tax Bill 2025

Key Features of the Bill

  • Tax Year: A 12-month period starting from April 1, during which income will be assessed and taxed in the same financial year.
    • No change in the Financial Year (FY): It will continue to start on April 1 and end on March 31.
    • Calendar Year Not Adopted: The new bill does not align with the calendar year for taxation purposes. 

Existing System (Income-tax Act, 1961)

  • Two concepts: Financial Year (FY) and Assessment Year (AY)
  • Assessment Year (AY): The year following the financial year in which income is earned.
  • Example: For FY 2024-25, the AY is 2025-26.
  • Issue: Many taxpayers confuse FY and AY, leading to incorrect tax filings, delays in refunds, and procedural hassles.

  • Inclusion of Virtual Digital Assets (VDAs) as Capital Assets:
    • Cryptocurrencies, NFTs, and other digital assets are now formally recognized as capital assets.
    • Taxation: Treated similarly to traditional assets like land, buildings, shares, securities, bullion, jewelry, and artwork.
    • Implications: Ensures clarity on taxation of digital assets, aligning with global trends and addressing the growing digital economy.
  • Expanded Definition of “Virtual Digital Space”: Taxpayers under investigation must provide access to their digital records, including email servers, social media accounts, online investments, trading and banking accounts, cloud servers, and digital platforms.
    • Current Practice: Tax authorities already demand access to laptops, hard drives, and emails during surveys, searches, and seizures.
  • Capital Gain Exemptions: Section 54E of the Act, which details exemptions for capital gains on transfer of capital assets prior to April 1992 has been removed in the Bill. 
    • Deductions have been streamlined, and outdated exemptions removed.
  • Dispute Resolution:
    • Dispute Resolution Panel (DRP): Clearer guidelines for issuing decisions, reducing ambiguity and potential litigation.
  • Income and Tax Rates:
    • Expands the definition of income to encompass emerging sources.
    • Provides detailed tables for exempt income, conditions for claiming exemptions, deductions, TDS, and TCS in separate schedules for enhanced clarity.
    • New Tax Regime: Slabs provided in tables; old regime rates omitted, signaling a shift toward promoting the new regime.
    • Continuity: No major changes in tax structure, penalties, or compliance rules.

Key Implications

  • Reduced Litigation: Simplified language and consolidated provisions may minimize interpretational disputes.
  • Ease of Compliance: Tables and streamlined sections enhance taxpayer understanding.
  • Digital Economy Integration: Recognition of VDAs and digital income sources aligns tax laws with modern economic trends.
  • Stability: Maintains existing tax structure to avoid disruption while modernizing procedural aspects.

Criticisms/Challenges

  • Lack of Penalty Reforms: No major updates to penalty or compliance mechanisms, potentially missing an opportunity to improve enforcement.
  • Old Tax Regime Ambiguity: Exclusion of old regime slabs from the Bill raises questions about its future.
  • Privacy & Surveillance: Possible infringement on individuals’ digital privacy.
  • Need for Safeguards: Clear guidelines required to protect taxpayer rights from excessive scrutiny.
  • Administrative Efficiency: Aims to streamline tax collection and reduce legal disputes.

Legislative Process

  • Parliamentary Review: Bill referred to a Parliamentary Committee; amendments likely before implementation.
  • Effective Date: Likely April 1, 2026, post-presidential assent.

Historical Context

  • Past Reforms:
    • Direct Taxes Code (DTC), 2010: Lapsed with the 15th Lok Sabha.
    • 2018 Task Force: Drafted a new law but not implemented.
  • Philosophical Shift: Aligns with “Nyaya” (justice) ethos, similar to recent criminal code reforms.

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