India moves to revamp its direct tax law

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India moves to revamp its direct tax law

Sponsored by

logo.png
mobile phone

The introduction of the goods and services tax last year has led to a consolidation of the indirect tax regime in India. The government is now moving to overhaul the direct tax regime.

India moves to revamp its direct tax law

The introduction of the goods and services tax last year has led to a consolidation of the indirect tax regime in India. The government is now moving to overhaul the direct tax regime. To this end, it has set up a task force to review the existing Income-tax Act, 1961 and to draft a new direct tax law for the country.

This is not the first time that a complete overhaul of India's direct tax laws has been attempted. In 2009, a draft Direct Taxes Code Bill was released for public comments, after which it was introduced in Parliament in 2010. However, this Bill lapsed with the dissolution of the lower house of Parliament before the 2014 elections. Several features of the lapsed Direct Taxes Code Bill were, however, incorporated into the existing Act, including the General Anti-Avoidance Rule (GAAR), which came into force in April 2017.

The existing task force comprises revenue officials as well as lawyers, accountants and economists. The terms of reference of the task force specifically require it to consider international best practices and systems adopted in various other countries. The task force is expected to submit its report to the government by May 2018.

India's reservations on OECD Model Commentary on permanent establishments

In 2017, the OECD released an update (2017 update) to the Model Tax Convention and Commentary. In line with its longstanding position on expanding source-based taxing rights, India has put forward several important reservations on the permanent establishment (PE) issue, which form part of this update.

On websites constituting a PE

The OECD Commentary notes that a website by itself cannot constitute a PE, although the location of a server hosting a website could constitute a fixed place PE of an enterprise that operates the server. India, however, disagreed with this interpretation and noted that a website could constitute a PE in certain circumstances where it leads to the substantial economic presence of an enterprise. This approach broadly follows the option set out in the final report on Action 1 of the BEPS project.

On agency PE

Under the 2017 update, the scope of a dependent agent PE has been widened to include a person who habitually plays a principal role in the conclusion of contracts that are routinely concluded (without any material modifications) by the non-resident enterprise. India has made a reservation to exclude the term 'routinely' from this statement.

India has also stated that distribution of goods by an associated or a closely connected enterprise in cases where risks are not borne by such enterprise (e.g. in cases of low risk distributors) may give rise to a PE of the enterprise whose goods are sold.

India has also stated that an agent who is acting exclusively for an enterprise cannot be considered to be an independent agent.

Dharawat

Gangadharan

Rakesh

Dharawat

Hariharan

Gangadharan

Rakesh Dharawat (rakesh.dharawat@dhruvaadvisors.com) and Hariharan Gangadharan (hariharan.gangadharan@dhruvaadvisors.com)

Dhruva Advisors LLP

Tel: +91 22 6108 1000

Website: www.dhruvaadvisors.com

more across site & shared bottom lb ros

More from across our site

In looking at the impact of taxation, money won't always be all there is to it
Australia’s Tax Practitioners Board is set to kick off 2026 with a new secretary to head the administrative side of its regulatory activities.
Ireland’s Department of Finance reported increased income tax, VAT and corporation tax receipts from 2024; in other news, it’s understood that HSBC has agreed to pay the French treasury to settle a tax investigation
The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
Gift this article