Economic
Highlights
New Delhi, 11 June 2010
New Tax Code
MAKING LIFE MORE DIFFICULT
By Shivaji Sarkar
“My appetite is infinite and greed is more”, says
Finance Minister Pranab Mukherjee to income-tax commissioners exhorting them to
collect more. He also hinted at unfolding the revised draft of the Direct Tax
Code and phase out deductions.
The finance minister has only hinted at more trouble
for the citizens as he called upon the officers to surpass the target of Rs
430,000 crore set for the current fiscal year. The phasing out of exemptions
would effectively increase the tax rates as there is no proposal to reduce the
present slabs.
It also opens up the debate of having income-tax, as
an oppressive tool of the State particularly in a country that has one of the
highest tax rates. A citizen is made to pay almost 65 to 70 per cent of his
income as taxes – direct, indirect, provincial and local in addition to various
other toll taxes. One obvious fall out of the high tax rates is on the market as
it depresses the capacity of the so-called middle class to spend. This lowers
activities in the market. The Government’s growth projection at 8.5 per cent is
unrealistic as international and independent agencies do not go beyond 7.5 per
cent. Therefore, the tax policy needs to bolster this.
Besides, less than 3 per cent of the population come
in the direct tax net – that is a little over two crore of 110 crore people. In a country with a low
income by most of its people, even after intense efforts the number may not
rise much.
The Kelkar committee had noted that for such tax
collection “efforts” the Government has been losing 48 per cent of the taxes it
collects. Since then the department has added an army of officers, inducted through
a fiat of the former finance minister Yashwant Sinha. Logical conclusion is that
the Government is losing more money on collecting every rupee that it adds to
its kitty.
The citizen is not born to pay all his income to the
authorities, whose accountability is often in doubt. The idea for revising the
Income-Tax Act was mooted primarily to simplify the cumbersome rules,
rationalize the tax structure and simplify procedures in order to reduce
hassles created by bureaucratic discretion. An unstated objective was to reduce
the rampant corruption. During the last few years a number of income tax
officials have been held with huge accumulation beyond their known source of
income.
This has been possible owing to large discretionary
powers that the officials have and multiplicity of rules that could be
interpreted in many different ways. The system is oppressive for the tax-paying
citizens. The Direct Tax Code instead of rectifying the lacunae sought to
further empower the officials. Instead of simplifying the procedures, it has
proposed to complicate it in many ways.
The code has stressed less on willful compliance or
creation of a system where one would be tempted to pay the tax. One blatant
instance is the scheme launched for shopkeepers who were told to pay Rs 1400 if
their turnover was upto Rs 5 lakh. It failed because many of those who filed
the returns and paid the tax were subject to a witch-hunt. The officials found
it an easy tool to harass the tax-compliant citizens. Thereafter, the scheme
failed.
The code needs more discussion. The Finance minister
should not be in a hurry to satiate his greed. He needs to look at other ways
for reduction of taxes. It is universally known that higher taxes lead to
higher evasions. The corporate is master of the art. They fudge accounts to
reduce tax burden. The present rate of 33.5 per cent including various cess, is
too oppressive. A compliant corporate taxpayer may find himself out of
business. That is how there is opposition to the proposed minimum alternative
tax (MAT).
If the taxes are at a high level of 30 plus
percentage, an individual or corporate would be only forced to comply with it.
It would normally be not a voluntary action. The State would have to take
recourse to measures such as tax deducted at source (TDS). In a way TDS demonstrates
the distrust the State has for its citizens. It only punishes the willful
taxpayer and serving class who are not in a position to evade it. Others who
can, are allowed to get away.
The Government needs to look at its TDS policy, which
has been extended to bank deposits. It is eroding the hard-earned savings of
the people. Corporates are not affected by it. Reclaiming the money invites a
cumbersome procedure and sometimes greasing of the palm does wonders. But the Government
guided by bureaucratic convenience is not interested in doing away with it. The citizen continues to be harassed and the
government fills up its coffers with money that is not due to it.
So far the revised draft has not proposed any change
in the basic tax structure. Unless it does that there would not be any
rationale in doing away with exemptions being given now. The basic idea to do
away with the exemptions emanated from the suggestion of bringing down the
highest tax rate to 20 per cent. The other slabs were expected to be of 10 and
15 per cent.
The tax code has ignored this basic and instead went
on to increase the tax burden by doing away with the exemptions. This is
neither an honest practice nor does it simplify the procedure.
A tax payer should be encouraged to pay it voluntarily
if the income tax has to continue. It should be looked at whether doing away
with income tax would reduce expenditure of the Government or not. The
assumption is that a Government making its tax administration heavy and
oppressive ends up spending more.
This is also evident from the finance minister’s
admission that litigations have increased manifold as the tax administrators
made unreasonable assessments and demands. The code has not addressed this
issue. It is being redrafted after 50 years and is to last for the next five
decades. It should not be a half-hearted effort to continue with the past ills.
Instead of hurrying through, it calls for an even more intense discussion and
enactment of procedures that make voluntary compliance, including filling up of
forms, easy and rewarding. ---INFA
(Copyright, India News and Feature Alliance)
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