NRI Income Tax & Compliance

Direct Tax Code Vs Income Tax Act 1961- Key Differences

Hatim Dudhiyawala
Updated on: May 25, 202618 mins Editorial Standards
Direct Tax Code Vs Income Tax Act 1961

The direct tax code aims to simplify and modernize the Income-tax Act, 1961, the existing direct tax law. The DTC streamlines tax provisions, broadens the tax base, and reduces exemptions. In simpler terms, it introduces a modern approach to taxation that is easy for taxpayers to understand.

In this blog, we will understand the direct tax code vs. the Income Tax Act, covering the differences, key changes, and expectations between the two.

Key Takeaways
  • Compared with the Income-tax Act, 1961, the Direct Tax Code or the Income Tax Act 2025 has a simpler tax structure.
  • The Direct Tax Code (DTC) is not the same as the IT Act. The DTC proposes reforms to modernize and simplify existing taxes by eliminating outdated, complex provisions of the IT Act.
  • As the DTC simplified tax regulations and made them more transparent, the government of India hopes to encourage tax compliance and contribute to economic growth.

What is the Direct Tax Code?

The DTC (Direct Tax Code) is a law that took effect on April 1, 2026, and has streamlined the taxation flow, reduced the number of sections, and simplified the entire law for better compliance and reference. The new DTC also aligns with global standards, making taxation easier for both NRIs and resident Indians and for creating a more efficient and transparent taxation system.

Furthermore, the direct tax code provides clear guidelines and eliminates any ambiguities, thereby reducing litigation.

The need to incorporate the direct tax code amid the increasing complexity of the Income Tax Act of 1961, which has become cumbersome and difficult to understand due to numerous sections, exemptions, and deductions. Henceforth, to address these changes and the complexity of the tax system, the government plans to modernize the law, simplify the complexity, and expand the tax base.

What is the Income Tax Act, 1961?

The Income-tax Act, 1961, governs the entire taxation framework of India. It establishes the regulatory framework for calculating the income tax and defines the taxable income categories, exemptions, and tax rates. However, over time, due to frequent amendments, the act becomes complex. This complexity was difficult for the taxpayer to navigate, prompting a call for tax act reform.

The income tax act defines income from different sources, such as capital gains, salary, business profits, and other sources.

Difference Between Income Tax Act, 1961 & Direct Tax Code 

The following table demonstrates the key differences between the Direct Tax Code 2025 and the Income Tax Act 1961.

Point To Compare Direct Tax Code Income Tax Act 1961
Residential Status Only Non-resident Indian (NRIs) and resident Indian. Includes residents, non-residents, and residents who are not ordinarily resident.
Assessment Year Concept. Only the concept of Financial Year prevails here. Uses both the Assessment year and the Financial year.
Tax on Income from LIC Taxable at 5% Exempt
Tax on Income from Mutual Funds Taxable at 5% Exempt
Tax Audit Conducted By The tax audit here can be conducted by:
Chartered Accountants (CA), Company Secretaries (CS), and cost management accountants.
Can be conducted only by Chartered Accountants
Dividends Taxation Taxable at 15% Taxed at the slab rates
Income tax rate for high earners Taxable at 35% 30% + Surcharge (10%, 15%, 25% and 37%)
Capital gains treatment The same taxation rules apply to all the assets Different assets are taxed differently.
Deductions and exemptions Reduced deductions and exemptions Numerous deductions and exemption available.
Compliance Focus Better digital compliance process. Here, traditional compliance methods remain prevalent.
Tax Regime for Individuals Only one regime is available for the taxpayer. Taxpayers can choose between the two regimes: the new and the old.

The Revised Tax Structure Under the Direct Tax Code 

The new Income Tax Bill, or the Income Tax Act 2025, is a major tax reform that simplifies India's entire tax system. It has reduced the number of sections compared to the Income Tax Act, 1961; the DTC streamlines the entire taxation structure to facilitate tax compliance.

Key Changes In The Act

Concept of Tax Year: Generally, the taxpayer outside the tax domain is defined by the financial year and the assessment year. Henceforth, as the key change, the concept of tax year is used in the new tax code.

The taxpayer is the period from 1st April to 31st March of the year. It is similar to the concept of a financial year. In the new tax bill, the concept of assessment is referred to as "subsequent tax year".

A Simplified Tax Structure: The new Income Tax Bill has 536 sections. The existing income tax act has more than 700 sections. Redundant provisions are eliminated in the direct tax code. Wherever necessary in the direct tax code, sections are presented more clearly in a consolidated form and arranged in sequence for easy reference.

Inclusion of Digital Assets & Transactions: In recent years, digital transactions have increased significantly. On DTC, several sections address digital transactions and digital assets for tax purposes.

Simplified Taxpayer Classification: The direct tax code simplifies taxpayer classification by removing residential tax terms such as RNOR or ROR. The taxpayer will classify it as either a resident or a non-resident.

Deductions and Exemptions Rationalize: To promote transparency and fairness, the maximum number of tax exemptions and deductions is eliminated here. This, in turn, will create a better and more equitable tax system.

Expanded TDS/TCS Applicability: The new tax code extends the applicability of TDS (tax deducted at source) and TCS (tax collected at source) to a wide range of income types. This reform ensures that tax payments are made in a timely manner and deters tax evasion.

Uniform Taxation of Capital Gains: Here, the capital gains will be taxed as ordinary income by aligning them with other types of income. While this affects certain taxpayers, it facilitates a more consistent and equitable tax regime.

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The Bottom Line

As a taxpayer in India, understanding the differences between the Direct Tax Code and the Income Tax Act, 1961, is essential for a seamless tax journey. The DTC has gradually eliminated provisions and complex laws in the Income Tax Act, 1961, to make it more equitable, easier to understand, and fairer for all taxpayers in India. Furthermore, the transition from the new tax code to the existing income management at different stages. However, in the long run, the direct tax code will outweigh all the complexities and problems of taxation.

As an NRI, if you are seeking professional assistance to file your taxes in India, Savetaxs is the name to trust. Our CAs provide end-to-end consultation, ITR preparation and filing, tax compliance, advisory services, TDS refund management, repatriation regulatory support, notice management, PAN documentation, and everything related to your financial and tax stability in India. Furthermore, the experts at Savetaxs are a team of CAs and CPAs, so your cross-border taxation compliance, DTAA and FEMA compliance, and everything beyond are handled diligently with 100% compliance.

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Note: This guide is for information purposes only. The views expressed in this guide are personal and do not constitute the views of Savetaxs. Savetaxs or the author will not be responsible for any direct or indirect loss incurred by the reader for taking any decision based on the information or the contents. It is advisable to consult either a CA, CS, CPA or a professional tax expert from the Savetaxs team, as they are familiar with the current regulations and help you make accurate decisions and maintain accuracy throughout the whole process.

About Author
Hatim Dudhiyawala
Hatim Dudhiyawala Certified Public Accountant (CPA)

Hatim Dudhiyawala is a Certified Public Accountant (CPA) with SaveTaxs and specializes in Indian and NRI taxation. He advises individuals, NRIs, and businesses on income tax filing, capital gains taxation, DTAA benefits, fund repatriation, and tax compliance. With experience in cross-border tax matters, Hatim helps taxpayers understand complex regulations and make informed decisions. Through his articles, he shares practical insights to help readers stay compliant and manage their tax obligations with confidence. See Full Bio

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Frequently Asked Questions

The direct tax code was introduced to make taxation simple, eliminate unnecessary deductions or exemptions, improve overall taxation compliance, and create a clear tax structure for businesses and individuals. 

Yes, the direct tax code took effect on April 1, 2026. 

The DTC aims to reduce the complexity, remove deductions, simplify residential status rules, and make overall compliance easy.

The DTC reforms are intended to rationalize and simplify the slab structures, especially for businesses and individuals. 

The DTC framework gives taxpayers transparency on foreign income taxation and aims to tax residents on their global income more clearly.