New Tax Code May Give I-T Officers Court-Like Powers

Introduction:
Income Tax Bill 2025 is set to overhaul India’s 60-year-old tax law. A key recommendation from a Parliamentary panel seeks to give Income Tax authorities powers under the Civil Procedure Code, allowing them to summon, examine, and enforce compliance like a court. Here’s why this matters for taxpayers and consultants.


Why Stronger Powers Are Being Recommended

On July 14, 2025, the Income Tax Department launched a large-scale verification operation to crack down on fake ITR claims, especially refunds filed using manipulated financials. Investigations unearthed rackets involving rogue ITR preparers, misusing client data and fabricating refund claims.

This exposed the limitations of current enforcement tools and the urgent need for statutory powers similar to those available to courts under the Code of Civil Procedure, 1908.


What Powers Are Being Proposed?

According to the Parliamentary panel report (as covered in The Hindu BusinessLine), the following powers are being considered for inclusion in the new law:

Proposed Power for I-T AuthoritiesComparable CPC Provision
Power to summon witnessesSection 30 CPC
Power to compel attendance and testimonyOrder V and XVI CPC
Power to examine on oathOrder XVIII Rule 4 CPC
Power to demand document productionOrder XI and XIII CPC
Penalty for non-cooperationIn line with court contempt rules

These changes aim to speed up proceedings and improve compliance enforcement, especially in complex or fraudulent cases.


What Is the Income Tax Bill 2025?

  • It seeks to replace the Income-tax Act, 1961 with a cleaner, simpler, and tech-enabled legal framework.
  • Based on earlier recommendations by the Direct Tax Code task force and updated in 2023–24.
  • Key proposed reforms:
    • New definition of “associated enterprise” to align with transfer pricing norms (threshold reduced to 26% voting power).
    • Simplified return filing and dispute resolution.
    • Unified compliance interface using faceless and AI-based systems.

Legal Angle: What the CPC Reference Means

Under current law, income-tax authorities are quasi-judicial, but their powers are limited. Granting them CPC-like powers would give:

  • Legal teeth to summons: Witnesses can no longer ignore notices casually.
  • Structured proceedings: Similar to court trials, including cross-examination.
  • Efficient fraud detection: Especially helpful in benami, bogus refund, and shell entity cases.

📘 Section 131 of the Income-tax Act already allows certain powers, but these are scattered and often diluted in appeal. The proposed Bill consolidates and strengthens these under one code.


Expert View: Why This Matters Now

CA Bimal Jain, writing in his 2025 edition of GST Law and Commentary, notes that tax compliance is no longer just about filing – it’s about evidence-based reporting. With rising data integration across PAN, GSTIN, and bank systems, officers need sharper powers to question, verify, and penalize misuse.

Efiletax Insight:
We see rising queries from clients where refund delays or scrutiny notices are linked to preparer misconduct. With CPC-based powers, even salaried taxpayers should expect stricter verifications of TDS claims, donation proofs, and rental agreements.


How Will This Affect Taxpayers?

If You’re an Individual:

  • Maintain proper records of deductions (insurance, donations, rent).
  • Avoid shared logins with preparers.
  • Respond promptly to e-verification or scrutiny notices.

If You’re a Consultant/CA:

  • Train staff to avoid shortcut filing.
  • Keep client proofs digitally archived.
  • Stay updated with new CPC-aligned powers in the upcoming law.

FAQs

Q1. Will the new powers make tax officers more aggressive?
Not necessarily. These powers are intended for fraud or high-risk cases, not routine taxpayers. However, accuracy in filings will become more critical.

Q2. What if someone refuses to appear before a tax officer?
Under CPC-like provisions, non-appearance may invite penalties or ex-parte assessment, similar to court proceedings.

Q3. Is this part of the Finance Act 2025?
No, this is a standalone Income Tax Bill, meant to replace the 1961 Act entirely.


Final Thoughts

The Income Tax Bill 2025 marks a fundamental shift in India’s tax administration. By equipping officers with judicial-like powers, the government is aiming for faster, fairer enforcement. But it also raises the bar for filing accuracy and proof maintenance.

👉 Need help staying compliant and stress-free during this transition?
File with Efiletax – India’s trusted tax partner


Summary
Income Tax Bill 2025 proposes giving I-T officers powers under the Civil Procedure Code to enforce compliance, summon witnesses, and tackle fraud. Here’s what it means for taxpayers.

Table