India's Tax Structure — Overview
Taxes in India are levied by three levels of government:
| Level | Taxes Levied |
|---|---|
| Central Government | Income Tax, Corporate Tax, Capital Gains, Customs Duty, Central Excise (now GST), CGST, IGST |
| State Government | SGST, State Excise (liquor), Stamp Duty, Vehicle Tax, Agricultural Income Tax, Entertainment Tax (now GST) |
| Local Bodies | Property Tax, Octroi (now abolished/GST), Water Tax, Profession Tax |
Tax-to-GDP ratio (India): ~11% (FY24) — low compared to OECD average of 34%; reflects large informal economy and tax compliance issues.
Part 1 — Direct Taxes
Tax Administration
CBDT (Central Board of Direct Taxes):
- Statutory body under Finance Ministry (Central Board of Revenue Act 1963)
- Administers Income Tax Act 1961, Wealth Tax Act (now repealed), Black Money Act
- Income Tax Department under CBDT
Income Tax
Legal basis: Income Tax Act, 1961
Five heads of income: 1. Salaries — employment income; TDS deducted by employer 2. Income from House Property — rental income 3. Profits and Gains of Business or Profession — business income 4. Capital Gains — profit from sale of capital assets 5. Income from Other Sources — interest, dividends, lottery
Individual Income Tax Slabs (FY 2024–25)
New Tax Regime (Default from FY 2023–24):
| Income Slab | Rate |
|---|---|
| Up to ₹3 lakh | Nil |
| ₹3 lakh – ₹7 lakh | 5% |
| ₹7 lakh – ₹10 lakh | 10% |
| ₹10 lakh – ₹12 lakh | 15% |
| ₹12 lakh – ₹15 lakh | 20% |
| Above ₹15 lakh | 30% |
Tax rebate u/s 87A: Zero tax for income up to ₹7 lakh under new regime. Standard deduction: ₹75,000 (Budget 2024). Education + Health Cess: 4% on tax payable.
Old Tax Regime (optional; allows deductions):
| Income Slab | Rate |
|---|---|
| Up to ₹2.5 lakh | Nil |
| ₹2.5 lakh – ₹5 lakh | 5% |
| ₹5 lakh – ₹10 lakh | 20% |
| Above ₹10 lakh | 30% |
Key deductions under old regime: 80C (investments — ₹1.5 lakh), 80D (health insurance), HRA, LTA, home loan interest.
Senior Citizens: Slab starts at ₹3 lakh (old regime); ₹5 lakh for super senior (80+)
Surcharge on Income Tax
| Income | Surcharge |
|---|---|
| ₹50 lakh – ₹1 crore | 10% |
| ₹1 crore – ₹2 crore | 15% |
| ₹2 crore – ₹5 crore | 25% |
| Above ₹5 crore | 25% (capped — was 37%, reduced in Budget 2023) |
Corporate Tax
| Category | Rate (FY 2024–25) |
|---|---|
| Domestic companies (general) | 30% + surcharge + 4% cess |
| New manufacturing companies (set up after Oct 1, 2019) | 15% (concessional rate to attract investment) |
| Companies with turnover ≤ ₹400 crore | 25% |
| Foreign companies | 40% |
| Effective corporate tax (new mfg co) | ~17% (incl. surcharge + cess) |
India's corporate tax cut (2019) — Finance Minister Nirmala Sitharaman slashed rate from 30% to 22% (general) and introduced 15% for new manufacturing; aimed to attract global supply chains post-US-China trade war.
Minimum Alternate Tax (MAT):
- Companies pay MAT at 15% of book profit if regular tax is lower
- Ensures profitable companies (using deductions to reduce taxable income to zero) pay some tax
Capital Gains Tax
| Asset Type | Holding Period | Tax Rate |
|---|---|---|
| Listed equity shares / equity MF | Short-term (< 12 months) = STCG | 20% (Budget 2024, raised from 15%) |
| Listed equity shares / equity MF | Long-term (≥ 12 months) = LTCG | 12.5% above ₹1.25 lakh gain (Budget 2024, raised from 10%) |
| Debt mutual funds | All periods = STCG | Added to income; taxed at slab rate (since April 2023) |
| Property / gold | Short-term (< 24 months) = STCG | Added to income; taxed at slab rate |
| Property / gold | Long-term (≥ 24 months) = LTCG | 12.5% without indexation (Budget 2024, changed from 20% with indexation) |
Budget 2024 rationalised capital gains tax — controversial changes to property LTCG.
Other Direct Taxes
| Tax | Details |
|---|---|
| Securities Transaction Tax (STT) | Tax on every stock market transaction; 0.1% on equity delivery; 0.025% on equity intraday |
| Dividend Distribution Tax (DDT) | Abolished 2020; now dividends taxed in hands of recipient at slab rate |
| Wealth Tax | Abolished from FY 2015–16 (Budget 2015); replaced with 2% surcharge on income above ₹1 crore |
| Banking Cash Transaction Tax | Abolished |
| Gift Tax | Gifts above ₹50,000 (from non-relatives) taxed as income from other sources |
TDS and TCS
TDS (Tax Deducted at Source):
- Deducted by payer before paying recipient
- Examples: Employer deducts TDS on salary; bank deducts TDS on FD interest above ₹40,000
- TDS rates depend on nature of payment (Section 194A, 194C, 194J, etc.)
TCS (Tax Collected at Source):
- Collected by seller from buyer at point of sale
- Examples: TCS on luxury cars above ₹10 lakh (1%), foreign remittances (20% under LRS above ₹7 lakh from Budget 2023)
Part 2 — Indirect Taxes
GST (Goods and Services Tax)
Constitutional Basis: 101st Constitutional Amendment (2016) — inserted Articles 246A, 269A, 279A.
Launched: July 1, 2017 (midnight launch — "Good and Simple Tax")
What GST replaced:
| Central Taxes Subsumed | State Taxes Subsumed |
|---|---|
| Central Excise Duty | VAT (Value Added Tax) |
| Service Tax | Central Sales Tax (CST) |
| Additional Customs Duty (CVD) | Entry Tax/Octroi |
| Special Additional Duty | Entertainment Tax |
| + 12 more | Luxury Tax, Advertisement Tax |
NOT subsumed: Petroleum products (crude, petrol, diesel, ATF, natural gas) — still under central excise + state VAT. Alcohol for human consumption — state excise. Electricity — state electricity duty.
GST Structure — Dual GST
| Transaction | Tax Applied |
|---|---|
| Intrastate (within one state) | CGST (Centre) + SGST (State) = equal split |
| Interstate (between states) | IGST (Centre) — then distributed to destination state |
| Imports | IGST + Customs Duty |
| Exports | Zero-rated (no GST) |
GST Rate Slabs
| Rate | Items |
|---|---|
| 0% (exempt) | Unbranded food grains, fresh vegetables, milk, eggs, salt, books, healthcare, education, government services |
| 5% | Packaged food, railways, budget hotel (under ₹1,000/night), life-saving drugs, edible oils |
| 12% | Processed food, computers, printers, mobile phones (raised to 18%), business hotels, generic medicines |
| 18% | Most manufactured goods, most services (IT services, telecom, restaurants AC), paints, cement, steel |
| 28% | Luxury and sin goods: Cars, tobacco, cement (high-end), air conditioners, dishwashers + Compensation Cess |
| Special | Gold/silver — 3%; rough diamonds — 0.25% |
Compensation Cess: Additional levy on sin/luxury goods — collected to compensate states for GST revenue loss during 5-year transition (2017–2022). Extended to 2026 to repay COVID borrowings.
GST Council (Article 279A)
- Constitutional body under 101st Amendment
- Chairperson: Union Finance Minister
- Members: Finance Ministers of all states and UTs (with legislature)
- Voting: Centre = 1/3 weightage; all states together = 2/3 weightage; decisions by 3/4 majority
- Functions: Recommend GST rates; exemptions; threshold limits; special provisions; dispute resolution
Federal significance: GST Council is India's most successful federal institution — first time Centre and states jointly make tax decisions. Tamil Nadu has been active in GST Council — often raised concerns about compensation cess continuance and revenue protection.
Input Tax Credit (ITC)
- Businesses can claim credit for GST paid on inputs against GST payable on output
- Reduces cascading (tax on tax) — key advantage of GST over old regime
- Example: Manufacturer pays 18% GST on raw material; charges 18% on finished product; pays only difference (net GST)
GST Returns
| Return | Who files | Frequency |
|---|---|---|
| GSTR-1 | Outward supplies (sales) | Monthly/Quarterly |
| GSTR-3B | Summary return + tax payment | Monthly |
| GSTR-9 | Annual return | Annual |
Customs Duty
- Tax on goods imported into India (and some exports)
- Administered by CBIC (Central Board of Indirect Taxes and Customs)
- Basic Customs Duty (BCD): Primary import duty
- Additional duties: IGST on imports (replaces CVD); Social Welfare Surcharge
- Anti-dumping duty: Imposed when foreign goods dumped at below-cost prices
- Countervailing duty: To offset export subsidies given by foreign governments
- India's average customs duty: ~10–15% (reduced significantly since LPG reforms 1991)
Central Excise (Legacy)
- Excise duty on goods manufactured in India
- Most subsumed into GST (2017)
- Remaining outside GST: Petroleum products (crude, petrol, diesel, ATF, natural gas) — still Central Excise + VAT
- Central Excise on petrol/diesel: Government imposes high duties (₹19.9/litre on petrol, ₹15.8/litre on diesel as of 2024)
Part 3 — Tax Administration
CBDT (Central Board of Direct Taxes)
- Statutory body; apex policy body for direct taxes
- Under Department of Revenue, Ministry of Finance
- Controls: Income Tax Department; implements Income Tax Act 1961
- PAN (Permanent Account Number): 10-digit alphanumeric; mandatory for tax filings; linked to Aadhaar
- TIN (Tax Identification Number): Assigned to businesses for indirect tax purposes
CBIC (Central Board of Indirect Taxes and Customs)
- Statutory body; apex policy body for indirect taxes
- Controls: GST, Customs Duty, Central Excise
- Implements: CGST Act, Customs Act 1962, Central Excise Act
Income Tax Department
- Under CBDT
- Faceless Assessment: All IT assessments now done faceless (no face-to-face; random allocation) — reduces corruption and harassment
- Annual Information Statement (AIS): Comprehensive tax statement showing all financial transactions; can pre-fill ITR
- ITR (Income Tax Return) filing: Over 8 crore returns filed annually
GST Network (GSTN)
- Non-Government Company — technology backbone of GST
- Owned by Centre (50%), States (50%)
- Manages GST portal — registration, return filing, payment
- Processes billions of invoices; handles GST matching
Part 4 — Black Money & Tax Evasion Measures
Key Measures
| Measure | Year | Details |
|---|---|---|
| Black Money Act | 2015 | Undisclosed foreign assets; 30% tax + 30% penalty; imprisonment up to 10 years |
| Income Disclosure Scheme | 2016 | Domestic black money; 45% tax + cess + penalty; no prosecution |
| Benami Transactions (Prohibition) Amendment Act | 2016 | Property in another's name; up to 7 years imprisonment; property confiscated |
| Demonetisation | 2016 | ₹500+₹1,000 notes cancelled; 99.3% returned; limited black money eliminated; digital payments boost |
| Automatic Exchange of Information | Ongoing | India part of OECD Common Reporting Standard (CRS); auto-exchange with 100+ countries |
| FATF membership | Ongoing | Financial Action Task Force; India member; AML/CFT compliance |
| Operation Clean Money | 2017 | IT Dept used AI/analytics to identify suspicious post-demonetisation deposits; notices to 18 lakh taxpayers |
Panama Papers and Pandora Papers
- Panama Papers (2016): Leaked documents from Mossack Fonseca (Panama law firm); exposed offshore accounts of global leaders; India — several politicians, businessmen named; IT Department investigations launched
- Pandora Papers (2021): Leaked from 14 offshore financial services firms; India — hundreds named; government launched investigations
Part 5 — Key Concepts
Progressive vs Regressive Taxation
| Type | Explanation | Example |
|---|---|---|
| Progressive | Higher income → higher rate | Income Tax (30% for rich; 5% for low income) |
| Regressive | Same rate regardless of income — poorer person pays higher % of income | GST on cigarettes, cars |
| Proportional | Same % for all | Flat tax (not common in India) |
Fiscal Deficit
- Fiscal Deficit = Total Expenditure − Total Receipts (excluding borrowings)
- India's fiscal deficit target: 4.9% of GDP (FY 2024–25 BE); Medium-term target: 4.5% (FY26)
- High fiscal deficit → government borrows more → crowds out private investment; can cause inflation
Direct vs Indirect Tax Ratio (India)
| Year | Direct Tax % | Indirect Tax % |
|---|---|---|
| 2000–01 | 35% | 65% |
| 2014–15 | 55% | 45% |
| 2023–24 | ~54% | ~46% |
India's direct tax collection has improved significantly — reflects better compliance, PAN-Aadhaar linking, digital transactions, faceless assessments.
Tax Buoyancy
- How much tax revenue grows relative to GDP growth
- Tax buoyancy > 1 = tax revenue growing faster than GDP (good sign of compliance improvement)
- India's GST buoyancy improved significantly post-COVID
Tamil Nadu Tax Revenues
| Tax | TN's Role |
|---|---|
| SGST | TN's SGST collections consistently among top 5 states |
| State Excise | Alcohol (TASMAC) — ₹47,000 crore+ annually; one of TN's top revenue sources |
| Stamps & Registration | Real estate-heavy state; significant revenue |
| Motor Vehicle Tax | High vehicle density; significant revenue |
| Profession Tax | Collected by both state and local bodies |
| Property Tax | Major revenue for Urban Local Bodies (Chennai, Coimbatore, Madurai) |
TASMAC (Tamil Nadu State Marketing Corporation): Government monopoly on retail liquor sales in TN; generates ~₹47,000–50,000 crore annually (~15% of TN's own tax revenue).
Board Exam Tips — Taxation
- Direct tax = cannot shift burden (income tax, corporate tax); Indirect = can shift (GST, customs)
- CBDT = direct taxes; CBIC = indirect taxes; both under Ministry of Finance
- Income Tax Act = 1961; GST = 101st Amendment (2016); launched July 1, 2017
- New tax regime = default (FY 2023–24 onwards); income up to ₹7 lakh = zero tax (rebate u/s 87A)
- Corporate tax for new manufacturing companies = 15% (introduced 2019)
- GST slabs: 0% (essentials), 5% (basic), 12% (standard), 18% (most goods/services), 28% (luxury/sin)
- Petroleum, alcohol, electricity = OUTSIDE GST
- GST Council = Art 279A; FM chairs; 3/4 majority; Centre = 1/3 votes; States = 2/3 votes
- STT = tax on stock market transactions; Wealth Tax abolished 2015–16
- LTCG on equity = 12.5% (Budget 2024); STCG on equity = 20% (Budget 2024)
- Benami Act = property in another's name → 7 years imprisonment + confiscation
- Tax-to-GDP ratio India = ~11% (low; OECD average ~34%)
- TASMAC = TN's major revenue source (~₹47,000–50,000 crore/year from liquor)
- Faceless Assessment = no face-to-face IT assessments; random jurisdiction; reduces corruption
