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Judicial Interpretation Of Tax Statutes In The Digital Economy: Balancing Legislative Intent And Economic Realities




Kashish Verma, BA LLB, Manav Rachna University, Faridabad


ABSTRACT


The rapid expansion of the digital economy, encompassing areas such as e- commerce, crypto currency, and financial transactions facilitated by artificial intelligence, has presented unprecedented challenges to traditional tax frameworks. In contrast to traditional business paradigms, digital transactions frequently surpass geographical constraints, thereby complicating jurisdictional tax assertions and the enforcement of extant tax regulations. Judicial bodies worldwide have faced considerable obstacles in interpreting tax legislation in a manner that remains consistent with legislative intent whilst also adapting to the fluid realities of the digital economy. The continuously evolving nature of digital transactions demands a flexible judicial methodology that reconciles rigorous statutory interpretation with current economic necessities.


This manuscript explores the fundamental tenets of tax law interpretation, encompassing strict construction, the purposive approach, and the substance- over-form doctrine, which are pivotal in addressing ambiguities within digital taxation. A comparative evaluation of judicial methodologies in India and various international jurisdictions illuminates prevailing judicial trends, landmark case law, and the degree of legislative shortcomings in tackling emerging digital tax dilemmas. Additionally, the research emphasizes the pressing requirement for modernized tax frameworks that promote equity, mitigate tax avoidance, and furnish legal certainty for digital enterprises and regulatory authorities. Given the escalating trends of digitalization and globalization, tax legislation must adapt to reflect economic realities while upholding the foundational principles of fairness and efficiency in taxation.



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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Licensing: 

 

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.

 

Disclaimer:

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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