Digital Economy and Indian Taxation Law: An Analysis
Keywords:
Digital Enocomy, Taxation, Implementation OECD, Equalization Levy, DTAA, Base Erosion Profit SharingAbstract
The world today is driven by digital transformation which causes changes to take place at a rapid pace. Digital transformation is about using the latest technology to do tasks better and in an efficient way. It is about replacing conventional processes with digital processes and replacing outdated processes by new and improved technology. The effect of this is also felt in the business world where firms use new ways of interacting with their customers and conducting their operations via digital mode. Firms operate digitally without either having a permanent establishment or place of work or having any physical whereabouts are distributed across the world and located in different time zones. As they have no physical whereabouts, the main issue arises from the point of view of the Income Tax authorities to oversee taxpayer compliances of these companies in order to determine which tax regulations they ought to pay by virtue of and to make sure they pay their taxes and do not avoid paying it by virtue of operating out of different countries online. This study seeks to delve into the aspect of imposing taxes on the companies operating in the digital economy from the global perspective followed by the implementation of it in the Indian context along with its benefits, challenges and solutions to it. Further concluding with the way forward for India with respect to taxing these companies in comparison to the international trends.
References
Deloitte. What is digital technology? Unicorns, Transformation and internet of things. [Online].
https://www2.deloitte.com/mt/en/pages/technology/articles/mt-what-is-digital-economy.html
Ibid.
Vijay Shekhar Jha. Taxation of Digital Economy in India: Issues & Challenges. SSRN Electronic
Journal. 2019.
Digital Economy: An Indian Tax Perspective. Jairaj Purandare and Shibani Parekh
https://www.itsgnetwork.com/itsg/globalTaxJournal.asp?aid=9
OECD. (2023). What is BEPS? [online] Organisation for Economic Co-operation and Development
(OECD). Available from: https://www.oecd.org/tax/beps/about/
Ibid.
Income tax India. Report of the Committee on Taxation to examine the business models for e-
commerce –reg March 2016 https://incometaxindia.gov.in/Lists/Press%20Releases/Attach
ments/453/Press-Release-Report-of-the-Committee-on-Taxation-of-e-commerce-21-03-2016.pdf
Mamta Chopra. (2022 Apr 13). What is Equalisation Levy? [Online]. https://taxguru.in/income-
tax/equalisation-levy-simplified.html
Aarti Sahe. (2018 Jun). Decoding equalisation levy and its impact. [Online]. Money Control
https://www.moneycontrol.com/news/trends/expert-columns/decoding-equalisation-levy-and-its-
impact-2584189.html
Shivali Pradhan. Digital Economy and Its Impact on Indian Taxation. Tax Bulletin. 2019 Dec; 53:
–2.
Amendment of section 9 [Internet]. Incometaxindia.gov.in. 2019 [cited 2023 Sep 11]. Available
from: https://incometaxindia.gov.in/Acts/Finance%20Acts/2018/102120000000071871.htm
Ibid.
Amit Puri. (2021 Jul 29). Digital Taxation: How A Consensus-Based Approach May Benefit Indian
Economy. [Online]. Business-standard.com. accessed 31 October 2021.
Income Tax Act 1961, Section 9.
Digital Economy Ł An Indian Tax Perspective [Internet]. Itsgnetwork.com. 2018 [cited 2023 Sep
. Available from: https://www.itsgnetwork.com/itsg/globalTaxJournal.asp?aid=9
Singh Rav P, Vinti Agarwal. (Report 2019 Mar). Taxation of Digital Economy in India- the way
Forward. [Online]. Vidhi Centre for Legal Policy.
Bhumika Indulia. Digital Tax: The changing contours of tax structure in India | SCC Blog [Internet].
SCC Blog. 2019 [cited 2023 Sep 11]. Available from: https://www.scconline.com/blog/post/2019/
/22/digital-tax-the-changing-contours-of-tax-structure-in-india/
Harshul Bangia. (2022 Jun 13). Digital Taxation in India: Need of Present Time. [Online].
https://taxguru.in/income-tax/digital-taxation-india-present-time.html#_ftn1
W.P. (C) 10944/2018.
IT(TP)A.1511 to 1516/Bang/2013.
Supra 15n.
BusinessToday.In. WhatsApp gives in to RBI’s diktat on data localisation; Will Amazon, Google
follow suit? [Internet]. Business Today. Business Today; 2018 [cited 2023 Sep 11]. Available from:
https://www.businesstoday.in/latest/corporate/story/whatsapp-store-data-in-india-rbi-localisation-
norms-152493-2018-10-09
ITO vs. Right Florists (P.) Ltd. (2013) 25 ITR(T) 639 (Kol. Tri), Mastercard Asia Pacific Pvt. Ltd.
In re, (2018) 406 ITR 43 (Delhi AAR)