Parliamentary panel flags ‘punitive’ tax regime, seeks data on new Income Tax Act’s Impact
A Parliamentary Standing Committee examining the implementation of the new Income Tax Act raised concerns about what members described as a "punitive" tax regime
Committee members questioned heavy-handed enforcement provisions and compliance glitches reported since the new Act came into effect
The Committee flagged a widening reliance on individual taxpayers within India's direct tax base, relative to corporate taxpayers
The Committee sought detailed data from the tax administration on the new Act's on-ground impact, including compliance and enforcement outcomes
The Income Tax Act, 2025 — Replacing the 1961 Act
The Income Tax Act, 2025 repeals and replaces the Income Tax Act, 1961, India's principal direct tax legislation for over six decades. The new Act was framed as a simplification exercise: consolidating provisions, removing redundant language, and reorganising the statute into a more logical structure, without altering the underlying tax policy (rates, slabs, and incentive structures were meant to carry over).
The Committee's demand for implementation data reflects the gap between the new Act's stated aim of easing compliance and the enforcement/compliance difficulties members say have emerged since its rollout.
Department-Related Parliamentary Standing Committees
Department-related Standing Committees (DRSCs) are permanent committees of Parliament, one attached to each ministry/department, that scrutinise bills, budgetary Demands for Grants, annual reports, and policy issues in far greater detail than is possible on the floor of the House. The Standing Committee on Finance is the DRSC that oversees the Ministry of Finance, including the Department of Revenue and the Central Board of Direct Taxes.
Key Details
- DRSCs were formally constituted in 1993 (expanded to their current 24-committee structure in 2004) under the Rules of Procedure and Conduct of Business, with members drawn from both the Lok Sabha and Rajya Sabha
- Committee members are elected/nominated for a one-year term; a committee report is a recommendatory document — the government is not constitutionally bound to accept it, though it is required to respond
- The Standing Committee on Finance has 31 members (21 from Lok Sabha, 10 from Rajya Sabha, inclusive of the Chairperson) and additionally oversees the Department of Economic Affairs, Department of Financial Services, and Ministry of Corporate Affairs
- Ministers are not eligible to be members of DRSCs, preserving the committees' role as a check on the executive
It is this Standing Committee on Finance's institutional mandate — reviewing the Finance Ministry's legislative and administrative performance — that allows it to question the tax department on enforcement practices and demand implementation data on the new Income Tax Act.
Widening Reliance on Individual Taxpayers in India's Direct Tax Base
India's direct tax collections comprise personal income tax (PIT, paid by individuals/HUFs) and corporate tax (paid by companies). Over the past decade, the share of PIT in total direct tax collections has risen sharply relative to corporate tax, a shift attributed to greater formalisation, digitisation of transactions, and expanded TDS/advance-tax compliance among individuals, even as corporate tax rates were cut.
Key Details
- Personal income tax collections overtook corporate tax collections for the first time in India's history around FY24–FY25, a reversal of the historical pattern
- PIT's share of total direct tax collections rose from about 38% in FY14 to over 53% in FY24, while corporate tax's share fell from about 62% to under 47% over the same period
- The number of individual income tax return filers rose roughly 2.3 times between FY14 and FY23; TDS collections and advance tax payments from individuals also rose sharply over the decade
- The corporate tax rate cut of 2019 (to 22% for existing companies and 15% for new manufacturing companies, under Section 115BAA/115BAB) is one structural factor cited for the declining corporate share
The Committee's concern about "widening reliance on individual taxpayers" reflects this measurable structural shift in India's direct tax architecture, which raises equity and buoyancy questions relevant to fiscal policy analysis.
Compliance and Enforcement Provisions Under the New Act
A notable feature of the Income Tax Act, 2025 is the extension of search-and-seizure powers to cover "virtual digital space" — email accounts, social media, cloud storage, and other digital assets — in addition to physical premises, which earlier had to be authorised through summons or warrant-like internal procedures under the 1961 Act's search provisions.
Key Details
- The provision empowers tax authorities to override passwords and access codes for digital devices and online accounts during search operations, without a judicial warrant, as search authorisation under the Income-tax framework is granted internally by designated senior officials rather than by a court
- The "reasons to believe" recorded before authorising a search are, as under the earlier law, not required to be disclosed to the assessee or shown to appellate authorities
- These expanded digital search provisions have been challenged before the Supreme Court in a public interest petition on privacy grounds
- Compliance-side changes in the new Act include restructured provisions on filing, assessment, and rectification timelines, which the Committee's discussion suggests have produced early-stage implementation glitches
The Committee's characterisation of the regime as "punitive" and its questions on "heavy-handed enforcement" map directly onto these expanded digital search-and-seizure powers and the reduced procedural safeguards compared to the pre-2026 regime.
- Income Tax Act, 1961 repealed with effect from April 1, 2026; new Act applicable from Tax Year 2026–27
- New Act: 536 sections, 16 schedules (versus 819 sections, 14 schedules under the 1961 Act)
- Standing Committee on Finance: 31 members (21 Lok Sabha + 10 Rajya Sabha), one-year term, oversees the Department of Revenue among other departments
- PIT share of direct tax collections: ~38% (FY14) to ~53% (FY24); corporate tax share: ~62% (FY14) to ~47% (FY24)
- Individual ITR filers grew ~2.3x between FY14 and FY23
- Search-and-seizure under the new Act extends to "virtual digital space" (Section 247), without prior judicial warrant requirement