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An Analytical Study Of Tax Refund Mechanisms, Appellate Remedies, Revisionary Powers, And Penal Provisions Under Indian Taxation Law




Sanjana Kalegowda, KLE Law College, Bengaluru


ABSTRACT


The Income Tax Act, 1961 provides not only the legislative basis for the levy and collection of taxes but also incorporates mechanisms designed to safeguard taxpayer rights and promote fairness in fiscal administration. Among these, the provisions relating to refund of tax, appeal, revision, offences, and penalties serve as the core balancing tools between the authority of revenue officials and the entitlements of taxpayers. Refund provisions ensure restitution of excess or erroneously collected amounts, while appellate and revisional remedies act as corrective mechanisms that reinforce transparency, natural justice, and accountability in tax administration. Conversely, the framework on offences and penalties serves a deterrent function, discouraging evasion, fraudulent practices, and non- compliance, thereby preserving the credibility of the tax system. With the introduction of the New Income Tax Regime, 2025, emphasis has increasingly shifted towards simplification, efficiency, and dispute reduction, with reforms aimed at faster refunds, improved compliance, and greater taxpayer convenience. This paper critically examines these provisions in the context of both statutory interpretation and judicial developments, while also drawing on comparative international practices. Through a doctrinal and analytical approach, the study seeks to evaluate the effectiveness of the current framework, identify existing challenges, and suggest reforms to strengthen India’s tax administration in alignment with the evolving needs of a modern economy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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