The most predominant direct tax in India is income tax, which is governed by the Income Tax Act, 1961. Income is taxed based on progressive taxation, wherein the tax rate increases as the income increases. The act contains provisions related to income calculations, exemptions, deductions, and tax rates.
Key Highlights
- The new Income Tax Act, 2025, will come into effect from 1st April 2026, eliminating redundant provisions and aligning the law with current technological and economic developments.
- Tax is primarily computed based on applicable slab rates, with the option to choose between the old and new tax regimes.
- The Act provides various deductions and exemptions, applicable separately under the old and new tax regimes.
The Income Tax Act 1961 governs the levy, collection, and administration of direct taxes in India. It applies to all persons earning income in India, regardless of whether they are citizens or not. Under this law, taxpayers are obligated to pay direct taxes at prescribed rates.
Download Income Tax Act, as amended by the Finance Act 2025.
Some of the salient features of the Income Tax Act 1961 are as follows:
There are several provisions in the Income Tax Act 1961. These provisions can be broady classified on the following grounds.
| Grounds of Classification | Explanation |
| Meaning and definitions | This part covers the meaning of various terms used in the act. If any term is not explained in the definition section, the normal conventions of interpretation of statutes apply. |
| Machinery provisions | These provisions prescribe the method to calculate the income, expenditure or the value of an asset. |
| Levying provisions | These provisions deal with the taxation part, the specific rates of tax, surcharge, cess and other levies |
| Assessment provisions | When the department wants to compute the income to ensure that no income has escaped taxation. Assessment order is passed after detailed examination of evidences and explanations provided by the taxpayer, as the case may be. |
| Penal Provisions | These provisions deal with the consequences of non-compliance with the provisions of the act. |
While the above may not be a exhaustive classification of all the provisions, it covers a significant part of the act.
The scope or extent of tax implications under the Income Tax Act 1961 depends upon the assessee’s residential status:
| Income Type | Residential Status | ||
| Resident and Ordinarily Resident (ROR) | Resident but not-Ordinarily Resident (RNOR) | Non-Resident (NR) | |
| Income received or deemed to be received in India | Taxable | Taxable | Taxable |
| Accrued income in India | Taxable | Taxable | Taxable |
| Income accrues from outside India, but the profession or business is inside the country. | Taxable | Taxable | Non-taxable |
| Income accrues from outside India, but the profession or business is outside the country. | Taxable | Non-taxable | Non-taxable |
| The untaxed past foreign income brought into the country. | Non-taxable | Non-taxable | Non-taxable |
The Income Tax Act has 23 chapters in total, some of which have subparts. Find them mentioned in the table below:
| Chapter | Overview |
| Chapter I | An introduction of the Income Tax Act and its overview. |
| Chapter II | The beginning and scope of the IT Act. |
| Chapter III | Income that does not form a part of the total income. |
| Chapter IV | How is total income calculated? |
| Chapter V | Other income sources of individuals which form a part of the assessee’s income, like capital gains, businesses, properties and more. |
| Chapter VI | Aggregation of income, carry forward of loss and set off. |
| Chapter VIA | Deductions applicable while calculating total income. |
| Chapter VIB | Restriction on specific deductions for companies. |
| Chapter VII | Parts of total income on which income tax is not applicable. |
| Chapter VIII | Applicable rebates and reliefs while calculating income tax. |
| Chapter IX | Contains information on double taxation relief. |
| Chapter X | Special cases in which assessees do not have to pay income tax. |
| Chapter XA | General anti-avoidance rules for income tax. |
| Chapter XI | Additional tax implications on undistributed profits. |
| Chapter XII | Rules of tax calculation in special cases. |
| Chapter XIIA | Special rules on certain Non-Resident Indian (NRI) income. |
| Chapter XIIB | Special tax provisions for certain companies. |
| Chapter XIIBA | Special tax provisions for certain limited liability partnerships. |
| Chapter XIIBB | Special tax rules when the Indian branch of a foreign bank gets converted to a subsidiary company. |
| Chapter XIIBC | Special tax rules for companies which are resident in India. |
| Chapter XIIC | Special tax rules for retail trade. |
| Chapter XIID | Special tax rules for the distributed profits of domestic companies. |
| Chapter XII DA | Special tax rules for the distributed income of domestic companies for buying back shares. |
| Chapter XIIE | Special tax rules for distributed income |
| Chapter XIIEA | Special tax rules for distributed income by securitisation trusts. |
| Chapter XIIEB | Special tax rules for accredited income of specific institutions and trusts. |
| Chapter XIIF | Special tax rules for income from venture capital funds and venture capital companies. |
| Chapter XIIFA | Special tax rules for business trusts. |
| Chapter XIIFB | Special tax rules for the income of investment fund schemes and the income received from them. |
| Chapter XIIG | Special tax rules for the income of shipping organisations. |
| Chapter XIIH | Tax implications on fringe benefits. |
| Chapter XIII | Information of Income Tax Authorities. |
| Chapter XIV | Procedure of income tax assessment. |
| Chapter XIVA | Special rules for avoiding repeated appeals. |
| Chapter XIVB | Special rules for assessing search cases. |
| Chapter XV | Tax liabilities in special cases. |
| Chapter XVI | Special tax rules applicable to firms. |
| Chapter XVII | Rules of tax collection and recovery. |
| Chapter XVIII | Tax relief on dividend income in specific cases. |
| Chapter XIX | Tax Refunds. |
| Chapter XIXA | Case settlements. |
| Chapter XIX-AA | Role of Dispute Resolution Committee in specific cases. |
| Chapter XIXB | Advance rulings. |
| Chapter XX | Appeals and revision. |
| Chapter XXA | Immovable property acquisition in special cases of transfer to prevent tax evasion. |
| Chapter XXB | Mode of accepting payments or repayments in special cases in order to counteract tax evasion. |
| Chapter XXC | Buying of immovable property by the central government in certain transfer cases. |
| Chapter XXI | Imposable penalties. |
| Chapter XXII | Punishable offences and prosecutions. |
| Chapter XXIB | Certificates of tax credit. |
| Chapter XXIII | Miscellaneous. |
The main advantages of the Income Tax Act 1961 are as follows:
The IT Act maintains price stability in the economy by laying out regulations for direct taxes. It serves as a measure to control private spending, thereby keeping a check on the inflation of commodity prices.
This Act reduces the income tax rates in order to promote higher demand for goods and services. This, in turn, leads to increased employment opportunities, thus fulfilling the objective of full employment.
A higher tax rate is applicable for wealthy people compared to the poor. In this way, the Income Tax Act encourages a progressive taxation system that addresses the inequality in wealth among its citizens, carrying out its non-revenue objective.
When there is an economic boom, the income tax rates are increased, while in times of recession, it is reduced. In this way, the Act maintains control over cyclical fluctuations in the value of money.
Now that you have a clear idea of the Income Tax Act 1961, you can understand how the Income Tax Department works. Furthermore, you can take a look at the different sections in order to learn the various available deductions. This will help you make smarter investments and gain tax savings.