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Taxation · Unit 1

Foundations of Indian Tax Law

Unit 1 of Law of Taxation (syllabus: Module 1 — history of tax law in India, constitutional provisions on taxation, the nature and scope of tax, and the basic definitions: person, assessee, tax year, income, total income, agricultural income, tax evasion and tax avoidance). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • Why does every tax question begin with the question of power rather than the question of amount?
  • How is taxing power distributed between the Union and the States, and what did the goods and services tax change?
  • What is the difference between a tax, a fee and a special assessment?
  • What is the difference between a direct and an indirect tax?
  • What is the tax year, and what happened to the previous year and the assessment year?
  • How wide is the word income, and how do the courts fix its outer limit?
  • When is a receipt agricultural income, and why is the question really about legislative power?
  • Where is the line between tax evasion, tax avoidance and tax planning?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit