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Microlesson · 5-min read

Sources of Income-tax Law

# Sources of Income-tax Law

Indian income tax is not governed by a single document. Five distinct sources interact, and you must know the relative authority of each.

## 1. The Income-tax Act, 1961

The foundational statute. Everything else (rules, circulars, the Finance Act) operates within or on top of the Act.

## 2. The Finance Act (Annual)

  • Presented every year by the Finance Minister during the Budget Session of Parliament.
  • Becomes law only after approval by both Houses and assent of the President.
  • Its First Schedule is the key part. Remember the four Parts:
PartWhat it specifies
Part ITax rates for the current Assessment Year (AY 2025-26)
Part IITDS rates for the current Financial Year (FY 2025-26)
Part IIIRates for Salaries and for advance tax for the current FY (Normal/Old Tax Regime)
Part IVRules for computing net agricultural income

> Memory hook: I → AY rates, II → TDS, III → Salary & Advance tax, IV → Agriculture.

## 3. Income-tax Rules, 1962

  • Framed by the CBDT to implement the Act; updated as needed.
  • Contain sub-rules, provisos (exceptions) and Explanations (clarifications).
  • Must always be read together with the Act.

## 4. Circulars and Notifications

This distinction is heavily tested:

Issued byBinding on Department?Binding on Taxpayer?
CircularsCBDT (to clarify/interpret sections)YesNo
NotificationsCentral Government (to enforce provisions / amend rules)YesYes

> A circular cannot force a position on the taxpayer, but the taxpayer can use a beneficial circular against the department.

## 5. Legal Decisions of Courts (Case Laws)

  • Essential for interpreting the law and resolving situations the statute does not foresee.
  • Supreme Court rulings are binding nationwide.
  • High Court rulings are binding only within that State's jurisdiction.

## Linked rule: Political contributions [80GGB / 80GGC]

  • Contributions made in cash are not eligible for deduction under 80GGB/80GGC.
  • "Political party" means a party registered under Section 29A of the Representation of the People Act, 1951.

⚠️ Common exam mistakes

  • Swapping the binding effect of circulars and notifications — circulars bind only the department (not taxpayers), while notifications bind both.
  • Mixing up the First Schedule Parts — e.g. saying Part II gives AY tax rates. Part I = AY rates, Part II = TDS rates, Part III = salary/advance tax, Part IV = agricultural income.
  • Thinking High Court rulings apply nationwide — only Supreme Court rulings are binding across all of India.
Reference:
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