VoxJuris
Home › Acts › Income-tax Act, 1961 › Chapter II › Section 4

Income-tax Act, 1961 · Chapter II: Basis of Charge

Section 4: Charge of income-tax

The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.

In plain words

This is the charging section. Income tax is charged for each assessment year at the rates set by a Central Act, on the total income of the previous year of every person.

  • The rate comes from the yearly Finance Act. This section is what actually imposes the tax.
  • Tax is charged on the income of the previous year, not the year of assessment.
  • Where the Act provides for taxing income of some other period, tax is charged on that period instead.
  • Sub-section (2) says tax may be collected by deduction at source or by advance payment where the Act requires it.
  • A receipt is taxable only if it is income and falls within this charge. If something is not income at all, no other section can tax it.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(1) Where any Central Act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and [subject to the provisions (including provisions for the levy of additional income-tax) of, this Act] in respect of the total income of the previous year4***of every person:

Provided that where by virtue of any provision of this Act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly.

(2) In respect of income chargeable under sub-section (1), income-tax shall be deducted at the source or paid in advance, where it is so deductible or payable under any provision of this Act.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 4