Little Has Changed in the Income-Tax Bill, 2025

Context:

  • The Income-Tax Bill, 2025 has been introduced to replace the Income-Tax Act, 1961.

  • The stated aim is to make tax laws simpler, predictable, and transparent, while reducing tax-related litigation.

  • However, critics argue that the Bill brings only cosmetic changes, without meaningful reform.

Key Highlights:

  • Government Initiative / Policy Details

    • Proposed replacement of the six-decade-old Income-Tax Act, 1961.

    • Intended objectives:

      • Simplification of legal provisions

      • Reduction in disputes and litigation

      • Improved taxpayer confidence through transparency

  • Concerns Over Complexity & Ambiguity

    • Despite claims, the Bill retains convoluted legal language.

    • Many provisions remain difficult for the common taxpayer.

    • Example of superficial change:

      • notwithstanding anything contained to the contrary” replaced with

      • irrespective of anything to the contrary

    • Such changes are viewed as cosmetic, not substantive.

  • Limited Structural Reforms

    • The Bill does not introduce new taxation philosophy or policy.

    • Mostly involves rearrangement and rephrasing of existing sections.

    • While some redundant clauses are removed, major areas of ambiguity remain, continuing the risk of litigation.

  • Expanded Powers of Tax Authorities

    • Search and seizure powers extended to digital spaces, including:

      • Emails

      • Cloud storage

      • Social media accounts

    • Officials may override access codes, raising fears of misuse.

    • Absence of strong judicial oversight increases concerns of executive overreach.

  • Privacy & Constitutional Concerns

    • Digital intrusions may conflict with the Right to Privacy upheld in the Puttaswamy Judgment (2017).

    • Raises questions about proportionality and safeguards against arbitrary action.

Relevant Prelims Points:

  • Issue: Reform of India’s income-tax framework through the Income-Tax Bill, 2025.

  • Causes:

    • Need to update the old 1961 Act

    • Demand for reduced litigation and clearer provisions

  • Government Initiatives:

    • Attempted simplification and restructuring of tax law

    • Focus on transparency for taxpayers and administrators

  • Benefits:

    • Potential for better predictability in taxation

    • Removal of some redundant provisions

  • Challenges:

    • Continued complexity in drafting

    • Risk of persistent ambiguity leading to disputes

    • Expansion of intrusive powers without safeguards

  • Impact:

    • Could increase state surveillance in taxation

    • May weaken taxpayer trust if privacy is compromised

Relevant Mains Points:

  • Key Facts & Provisions:

    • Bill seeks replacement of the Income-Tax Act, 1961

    • Enhances search and seizure authority in the digital domain

  • Conceptual Linkages:

    • Governance: Transparency vs. administrative overreach

    • Economy: Predictable tax regime essential for investment and compliance

    • Polity: Balance between state power and individual rights

  • Constitutional Dimension:

    • Post Puttaswamy (2017), privacy is a fundamental right under Article 21.

    • Any intrusion must satisfy necessity, proportionality, and safeguards.

  • Way Forward:

    • Instead of cosmetic rewriting, focus on targeted amendments removing draconian clauses.

    • Parliamentary review must ensure:

      • Strong privacy safeguards

      • Judicial oversight in digital searches

      • Genuine simplification for taxpayers

UPSC Relevance (GS-wise):

  • GS 2 (Governance & Polity): Transparency, taxpayer rights, privacy concerns, constitutional safeguards

  • GS 3 (Economy): Tax reforms, compliance, impact on economic governance and investment climate

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