Economic
Highlights
New Delhi, 18 July 2014
Govt Must Simplify Rules
MORE TAX TERROR AHEAD?
By Shivaji Sarkar
It is reassuring to know that Finance
Minister Arun Jaitley intends ending tax terrorism and does not believe in
retrospective tax. Appending a lollipop: If the economy improves he could give
more concessions. Possibly in his next Budget, which would have his signature, be
free from limitation imposed by the interim Budget and give direction of Modi’s
Government.
However, the budgetary papers suggest
bureaucrats are trying to usurp more powers and are virtually working contrary
to political wisdom. The memorandum explaining the Finance Bill’s provisions
has the devil popping up. It suggests new unnecessary amendments. These will
only add to the convoluted process and procedures followed by IT (income tax) authorities
and complicate lives of people, leading to needless harassment.
Invariably, the Minister’s promises
are often jettisoned by officials who form a maze of rules with an obvious
purpose. For instance, one of Jaitley’s predecessor’s had allowed interest
waiver on home loans of up to Rs 1.5 lakh. But many who had taken that waiver
after they got their house or flat allotments were being made to run from
pillar to post, in some cases for 15 years, by IT authorities for having
availed it.
The IT asks people silly questions,
why they should be allowed concession? Why penalty should not be levied on them
for having committed the “crime”? Consequently, a small flat owner is forced to
spend bulky sums on lawyers and chartered accountants for following rules set
by the Government. This time too, the Finance Minister’s announcement of an increase
in home-loan waiver to Rs 2 lakh would certainly lead to more harassment.
It does not end here. The IT department
to show their “robust” functioning made the Government deduct tax at source (TDS)
on small interest earnings on bank deposits. This resulted in deducting taxes
on small fixed deposits of women, senior citizens and other weaker sections. Why?
They did not fill up Form 15.
Questionably, do the tax authorities
think that poor people or a bank depositor has enormous time to fill up these
silly forms? The procedure has led to
thousands of crore of deductions, which the IT department is not entitled.
Further, the recovery rules also
cost people hefty sum in lawyers’ fees. So they prefer to bear the IT extortion.
Alongside, the Government needs to consider why bank deposits should be taxed.
People have already paid tax prior to putting money in banks.
Besides, it is simple wisdom that if
one levy’s TDS on bank deposits, it leads to a large number of people moving away
from the banking sector which in turn creates an illusory “black money
syndrome”.
Notably, Jaitley announced
encouraging financial inclusion. But this move makes many small and big
businessmen shy away from the banking sector. As a first move to help the
economy, the Government must remove TDS from bank deposits and end not only the
tyranny, illegal deductions but also bring real white money into the financial
system. The loss to the exchequer is minimal as banks and the IT department would
also save crores spent on unnecessary paper work.
But despite Jaitley’s wishes to
simplify the system, the Finance Bill proposes to amend Section 133A of the IT
Act so that income tax authorities could enter any office or a place where a
business or profession is carried out for the purpose of “verifying” what has
been deducted or collected at source. Worse, they can impound any document
without any approval.
Also, under Section 133C a notice can
be issued to any person to verify information. This comes into effect on 1 October
this year.
Furthermore, under the Wealth Tax
Act provisions the valuation officer would have all powers. The Customs Section
129E too is being substituted with a new section to prescribe a mandatory fixed
pre-deposit of 7.5 per cent of duty at first stage and 10 per cent at second
state, demanded or penalty imposed or both for filing of appeal with the
appellate or tribunal. The amount payable has a ceiling of Rs 10 crore.
Similar changes are being made in
the Excise Act as well.
Plainly, the entire approach seems
to be a legacy of the colonial era, where every Indian or corporate was looked
at with suspicion. This will only create problems for business and industry.
Undoubtedly, the Modi Government must
change its mindset. As the concessions it has granted with a view of boosting various
sectors are actually being denied. Given that by making laws more stringent or where
it is not required, gives unnecessary powers to the bureaucracy. We all know
how such powers are used and misused. Touts smoothen the system leading to
rising corruption. The very thing the Modi Government is trying to prevent.
According to the BJP manifesto the
suggestion to end tax terror is valid. But this needs a sharp eye to keep vigil
on the “innocent” moves by the bureaucracy.
Recall, Jaitley in an interview
asserted, “For
future, I have given a large assurance that this Government does not believe in
creating fresh liability of tax retrospectively. So, such an episode will not
happen”. People believe him. But they want him to do more by clipping the extra
wings of tax authorities.
Specially against the backdrop that during the past
few years thanks to IT authorities being given such draconian discretionary
powers, a number of tax officials were found having wealth disproportionate to
their income!
In sum, simplification of rules,
procedures and reduction of powers would be in the interest of the economy and peoples’
freedom. True, businesses might be corrupt but if such complicated laws are
there it would only force them to fudge accounts. Better rules could save that
money and help it being used in a productive manner. Also, freeing bank deposits
of the tax net could add to inflow of money into the system.
Clearly, a tax-friendly society with
simple forms and procedures, would add to growth. One hopes Jaitley will
enunciate many of these reforms. People want a simple regime as a complex system
adds only to inflation. A society which has suffered for many decades nestles
many hopes. ----- INFA
(Copyright, India
News and Feature Alliance)
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