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ArticlePeer ReviewedOpen AccessPlagiarism Passed
Paper ID:IJSREM68148

Corporate Taxation Law in India: Structure, Judicial Trends and the Shift to a New Income-Tax Act

Stream/Area:

-

Subject:

-

Paper ID:

IJSREM68148

Volume:

10 |

10 |

Oct 2026

Pages:

1-3

Publication Frequency:

Monthly (12 issues per year)

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Not assigned

License:International Journal of Scientific Research in Engineering and Management follows the Creative Commons Attribution 4.0 (CC BY 4.0) License, allowing free use and distribution with proper attribution.

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Authors

DV

Dineshkumar V

School of Law

SRM Institute of Science and Technology

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Abstract

Corporate tax sits at the point where a country’s need for revenue meets a company’s need for certainty. This paper examines how India taxes companies, starting with the basis of charge and the rules on residence, and then moving to the choice between concessional and regular regimes, the anti-avoidance toolkit, and the international pressures created by treaty abuse, base erosion and the global minimum tax. It follows the courts’ shifting view of tax planning, from McDowell to Azadi Bachao to the Vodafone controversy and its settlement in 2021. It also looks at the Income-tax Act, 2025, which replaced the 1961 Act from 1 April 2026. The study finds that rates have become simpler and more competitive, but disputes, retrospective-style amendments and compliance burdens still weaken predictability. The paper ends with practical suggestions to improve stability and trust.

KEYWORDS

Anti-avoidance rules Base erosion Corporate taxation Income-tax Act 2025 Residence Tax disputes Transfer pricing.

Cite This Article

Dineshkumar V, "Corporate Taxation Law in India: Structure, Judicial Trends and the Shift to a New Income-Tax Act," International Journal of Scientific Research in Engineering and Management, vol. 10, no. 10, pp. 1-3, Oct 2026.

Full Article/Conclusion

Corporate tax in India is easier to understand than it was a decade ago. The headline rate is competitive, the option of a concessional regime is clear, and the new Act promises a tidier statute. Yet predictability, the quality that investors prize above almost any other, depends on more than rates. It depends on courts that decide cases quickly, on a legislature that avoids surprises and on administrators who apply rules consistently. If those conditions are met, the reform of 2025 will be remembered as the moment Indian corporate tax became both fair and dependable.

References

[1]  Income-tax Act, 2025, India, assented Aug. 21, 2025, in force Apr. 1, 2026. [2]  Income-tax Act, 1961, Act No. 43 of 1961, India. [3]  Taxation Laws (Amendment) Act, 2019, India (introducing ss. 115BAA and 115BAB). [4]  Taxation Laws (Amendment) Act, 2021, India. [5]  Vodafone International Holdings B.V. v. Union of India, (2012) 6 SCC 613. [6]  Union of India v. Azadi Bachao Andolan, (2003) 263 ITR 706 (SC). [7]  McDowell & Co. Ltd. v. Commercial Tax Officer, (1985) 154 ITR 148 (SC). [8]  Vodafone Group Plc v. Republic of India, PCA Case No. 2016-35, Award, Sept. 25, 2020; Cairn Energy Plc v. Republic of India, PCA Case No. 2016-7, Award, Dec. 21, 2020. [9]  OECD, Tax Challenges Arising from the Digitalisation of the Economy: Global Anti-Base Erosion Model Rules (Pillar Two). Paris, France: OECD Publishing, 2021. [10] OECD, Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting. Paris, France: OECD, 2016.

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Publication Date

10/20/2026

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Double-Blind Peer Review

Review Rounds: 2

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