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Authors

Gouri Puri

Abstract

This essay focuses on the conception of taxable income in India and argues that there is a disconnect between the policy of tax laws and their judicial interpretation. The author takes an inter-disciplinary approach to explain that the taxation laws in India are predominantly premised on the net accretion concept of taxable income whereas the Indian judiciary has consistently inclined towards the 'source' based definition of income. The paper further discusses the impact of each approach on the building of taxation jurisprudence in India. It concludes with the argument that the disengagement between the judiciary's perception, the taxation policy and legislation has resulted in an incoherent understanding of the concept of 'taxable income' in India.

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