Revenue law in India primarily refers to the legal framework governing the collection and administration of taxes and other forms of revenue by the government. The primary sources of revenue law in India can be categorized into several categories, including constitutional provisions, statutory laws, judicial interpretations, and administrative regulations. Here are the key sources: 1. Constitutional Provisions The Constitution of India lays down the framework for taxation and revenue collection. Key articles include: Article 246: Empowers the Parliament and State Legislatures to make laws on matters in the Union List, State List, and Concurrent List, including taxation. Article 265: States that no tax shall be levied or collected except by authority of law. Article 366: Defines certain terms used in the Constitution, including "tax." Seventh Schedule: Contains the Union List, State List, and Concurrent List, detailing the subjects on which each level of government can legislate, including taxation. 2. Statutory Laws Various laws enacted by the Parliament and State Legislatures govern revenue collection. Key statutory laws include: Income Tax Act, 1961: Governs the taxation of income for individuals and corporations. Goods and Services Tax (GST) Act, 2017: Consolidates multiple indirect taxes into a single tax structure, including the Central Goods and Services Tax (CGST), State Goods and Services Tax (SGST), and Integrated Goods and Services Tax (IGST). Customs Act, 1962: Governs the imposition of customs duties on imports and exports. Central Excise Act, 1944: Regulates the levy of excise duty on the manufacture of goods. Indian Stamp Act, 1899: Governs the levy of stamp duty on legal documents and instruments. Property Tax Laws: State-specific laws governing the levy and collection of property tax by local authorities. 3. Judicial Interpretations The judiciary plays a significant role in interpreting revenue laws. Key judicial sources include: Supreme Court Rulings: The Supreme Court of India provides interpretations and clarifications on various revenue laws, setting legal precedents that influence tax administration and compliance. High Court Decisions: High Courts also issue judgments that clarify the application of tax laws, resolving disputes between taxpayers and tax authorities. 4. Administrative Regulations and Circulars Tax authorities issue various administrative guidelines, notifications, and circulars to implement revenue laws effectively. These include: Income Tax Circulars: Issued by the Central Board of Direct Taxes (CBDT) to provide clarifications on the Income Tax Act. GST Notifications: Issued by the Goods and Services Tax Council and the Central Board of Indirect Taxes and Customs (CBIC) to clarify GST provisions and procedures. Customs Notifications: Issued by the CBEC to provide guidelines on customs duties and procedures. 5. International Treaties and Agreements India is a signatory to various international treaties and agreements that influence revenue laws, particularly in the area of taxation. These include: Double Taxation Avoidance Agreements (DTAA): Agreements between India and other countries to avoid double taxation of income. Transfer Pricing Guidelines: Established by the Organisation for Economic Co-operation and Development (OECD), these guidelines influence India's transfer pricing regulations. Conclusion The primary sources of revenue law in India encompass a combination of constitutional provisions, statutory laws, judicial interpretations, administrative regulations, and international agreements. This comprehensive framework governs the collection and administration of taxes, ensuring compliance and promoting fair practices in the taxation system. Understanding these sources is essential for individuals and businesses to navigate the complexities of revenue law in India.
Answer By Ayantika MondalDear client, Revenue law in India pertains to the legal frameworks that govern the assessment, collection, and administration of taxes and other forms of revenue due to the government. The primary sources of revenue law in India are: Constitution of India: The Constitution delineates the powers of the Centre and the States regarding taxation through articles like Article 246, which defines the distribution of powers between the Union and the State legislatures. It also lays down the fundamental rights of citizens with respect to taxation under Articles 14 (equality before law) and 265 (no tax shall be levied without authority of law). Statute Law: Various Acts of Parliament and state legislatures constitute the core of revenue law. Key legislation includes: 1.Income taxes is governed by the Income Tax Act of 1961. 2.The Goods and Services Tax (GST) Act of 2017 offers a comprehensive taxation structure and eliminates a number of indirect levies. 3. Despite being abolished in 2015, the Wealth Tax Act of 1957 had a crucial role in establishing wealth taxation. State legislatures enact property tax laws to impose property taxes on local governments. Judicial Decisions: The Supreme Court's and High Courts' rulings influence how tax laws are interpreted and applied. Tax administration and taxpayer rights are frequently governed by precedents established by landmark cases. Administrative Rules and Notifications: The Goods and Services Tax Council, the Central Board of Direct Taxes (CBDT), and other regulatory organisations publish rules, circulars, and notifications that offer comprehensive operational guidance for tax laws. Conventions and Customary Law: Although not a recognised source, tax administration conventions and customs can offer valuable perspectives on the application and interpretation of laws. I hope this answer helps, in case of future queries please feel free to contact us. Thank you
Answer By AnikDear client, Indian revenue law’s main sources: In India, the collection, management, and control of government revenue, including taxes, fees, and levies, are governed by a set of laws known as revenue law. These laws are essential to maintaining the economic governance and financial stability of the government. Constitutional clauses, legislative acts, court decisions, and administrative regulations are the main sources of revenue law in India. A thorough analysis of these sources can be found below. Provisions of the constitution: The Indian Constitution serves as the foundation for the nation's revenue legislation and is the ultimate law of the land. The following are the main constitutional clauses pertaining to revenue law: The seventh schedule assigns the Union and state governments different taxation authorities. Union List (List I): Customs duty, excise duty, income tax (except from agricultural income), service tax (now combined into GST), and corporate tax are among the taxes that the central government is solely authorised to impose. State List (List II): State governments have the authority to impose taxes such as state excise duty, agricultural income tax, and land revenue. Concurrent List (List III): Issues like stamp taxes and forests fall under the purview of both Article 265 No tax may be imposed or collected unless authorised by law. Article 246 outlines the legislative authority of state legislatures and parliament with regard to taxes. Assuring the fair allocation of financial resources between the federal and state governments is the responsibility of the Finance Commission (Article 280). I hope this answer helps, in case of future queries please feel free to contact us. Thank you
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