Beruflich Dokumente
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AND
SUGGESTIONS
CHAPTER - VI
SUMMARY OF CONCLUSIONS
AND SUGGESTIONS
India has a fairly lengthy and complicated Law of Income-tax. This law is highly
unstable . It has no long term policy and it is completely based on trial and error method It
contains a number ofuseless provisions, which have no use and exist merely to complicate the tax
law. Some provision are found irrational, illogical, unjust and somewhat inconsistent with the
underlying objectives. For making it simple, logical, rational, consistent and stable, the govejMdent
of India rejfe|£ed it to various tax experts, i.e, to various Tax Reforms Committees such as Boothlin-
gam Committee, Wanchoo Committee, Jha Committee, K.N. Raj Committee, C C Chokshi
Committee and Raja J. Cheliiah Committee. These committees made a number of recommodations
in the required direction and the goverment never implemented reports of these doyens of taxation,
as such. On account of this, the very purpose of tax reforms was defeated.
But the academicians, being critical by nature, can not remain silent spectorstors to
all this. The present work has been taken-up and completed by the researcher largely because of
this reason Infact, the present study entitled “DIRECT TAX REFORMS IN INDIA - A STUDY
OF INCOME TAX LAW since 1961” is one more step in the series of various steps already
taken in this particular field. A summary of conclusions of this study and suggestions have been
Taxation has been used as a powerful instrument of fiscal policy in India. Taxation
alone constitutes more than one half of the total budget resources. The base of taxation in India, is
much less than that in developed countries but it is fairy high in comparison to the countries with
almost same per-capita income. The revenue from major direct taxes of the union goverment as a
proportion of NAGDP shows a decreasing (rend. There has been substantial growth in tax revenue
since 1961. At constant prices, the total central revenue has increased by 13.14 times from 1950-
51. The indirect tax revenue increased by 5.92 times. The increase in income tax revenue is about
The major portion of total tax revenue comes through indirect taxes In spite of the
fact that the direct taxes have relatively lesser reliance ofthe fiscal system, yet the contribution of
Income Tax in resource mobilisation has been quite significant. The per centage contribution of
Income-tax in central tax revenue is about 27 per cent where as the share of personal income-tax
and corporation income-tax is 12.5 per cent and 14.3 per cent respectively. The coporation
income tax has been showing increasing trend while the share of personal income-tax has declined
The composition of income tax revenue shows that company assessces constitute
only 1.62 per cent of total assessees and contribute roughly more than fitly per cent of total income
tax revenue. Individuals assessees are 77.2 per cent in number and they contributed about 40 per
cent oftotal income revenue in the year 1994-05. About three-fourths oftotal income-tax revenue
14C,
comes from Business and profession Head of Income and the salarised person contributed about
10 per cent of the income-tax revenue. Roughly 70 per cent assessees are in the income range of
below 60,000 who contribute about 11 per cent of the total income tax revenue. There is only a
handful ofassessees who are income range of above Rs. 1,20,000 and their contribution in income
The tax reform movement began primarily due to the perception of the assessees that
high rates and proliferation of special deductions, exemptions, which had accumulated over time,
had begun to interfere too strongly in the economic decisions taken by individuals and corporations.
The significance of direct taxes can be easily realised because of their vital role in the economic
growth and development of a nation. When economic reforntfare being carried-out, tax reforms
cannot be exception to this major activity. Hence, the present state of our Income Tax Law required
some more reforms so that it could become simple, logocal, consistent, rational and somewhat
global also.
Personal income-tax is an important item the list of direct taxes. A progressive tax
structure of personal income is expected on one hand to mobalise resources for the very purpose
of economic growth and on the other hand to attain greater degree of equality in the distribution of
income. Moreover, in the present environment of internationalisation, the tax rates should be in line
with that ofother countries so as to achieve the targets of exports and to attract foreign investment.
The analysis of MMTR (Maximum Marginal Tax Rate) shows that we have come
down from an extremely high rates enviroment to a moderate tax rates. The technique which has
been adapted in this connection is suitable. However, MMTR still is reasonably high and the
process of reducing MMTR is an incomplete one, which warrents its completion. Not only this.
there is a strong case for raising the level of income where the MMTR should be applicable. This
The overall analysis of the rate structure reveals that rates on the low level of income
have been inceased in the recent years. On the middle income group, there is an increase but not
high enough. For the high income group, the rates have been reduced, substantially Therefore, it
become a strong case that more benefits should be given to low income assessees so that the
From the analysis of average income tax rates and effective income tax rates, it can
be again concluded that the relief in the tax burden to high income groups has been given at the cost
Now a days, when trade and commerce have become widely internationalised, the
tax structure ofdiffrent countries do alfect mutually. So, in order to globalise the tax structure, the
tax rates should in line with that of in other countries. India has already taken various steps in this
direction but some more steps are yet to be taken to complete the process of globalisilion of
No doubt, the present rate structure, in respect of personal income tax, is much
better than the previous one. Yet it is not free from defects. How last these defects can be removed,
we have suggested a rate schedule (see table 3.8). Moreover, the rate structure should be stable
and may be reviewed after five years. Such changes should be done by adopting a proper method
The provisions, which have bearing on the subject of computation of income under
the salaries head require serious consideration. These provisions are scattered in different sections
in the present Act and thus these are beyond the understanding of the taxpayers and sometimes
beyond the understanding of assessing officers also. So, it is suggested that all provisionjrelating to
income from salaries should be grouped together under a seprate chapter.Then perhaps, this head
To remove the discrimination between government and private employees, it is essent ial
to modify the relevent provisions on one hand and uniform salary structure should be designed for
all categories of employee on the other hand. Some restrictions may be put on empolyers in private
sector so that the gross misuse oftax provisions is avoided and which in tum may contribute crore
of rupees as income tax revenue. In the series of checking the gross misuse ofincome tax provisions •
by the private sector, a minimum rate of income tax may be imposed, on the same pattern as it has
already been introduced in case of corporate assessees, on the gross emoluments received by
To avoid unnecessary litigation and to make the law understandable at least to the
educated persons and to remove interpretational problems, it is suggested that one concept should
have only one meaning for all purposes. It would be extremely helpful in making the law more
Even after going through the latest income tax rules, available literature on income tax
law, Income-tax Act, 1961 and the studies made so far in this field, we are unable to accept the
rationale behind taxing the allowances particularly dearness allowance when they are provided for-
meeting certain very specific purposes. This shows the unfair intention of the government based on
the principle of “dig deeper” wherever you find it softer. The taxability of allowances, perhaps,
compells private sector not to follow the similar salary structure as adopted in government sector
On account ofthis, the government may be losing a large amount of tax revenue because in such
circumtances the private sector employee will prefer the salary structure which attracts minimum
tax liability. So, it causes unnecessary heavy tax burden on government and semi- govt, employees
which is illogical and unjustified. Therefore, allowance in general and dearness allowance in particular
should be fully exempted from income tax so that salaried employees may get some relief and may
enjoy their living according to their economic status. Alternatively, an automatic inflation adjustment
scheme should be introduced if the practicability of the former suggestion does not seem possible.
The value of certain perquisites in terms of money was fixed in 1969 and since then
their has been no revision in the limits laid down for thier valuation. These provisions have become
outdated due to lack of inflationary adjustments, hence, the value of those pequisites should be
revised so that they may serve the very purpose of Income-tax law’s provisions.
The present system of allowing the standard deduction places the salaried persons in
expenditure on conveyance. The rising prices hits the salaried persons first and much more. As the
standard deduction is given in lieu of expenditure incurred for earning the salary, so standard
deduction should be treated as a right of the salaried persons and they should not be put on the
mercy of the Finance Minister for claiming this deduction. The method of providing the standard
deduction is arbitrary, discriminatory and inconsistent with the underlying objectives for which the
provision was introduced. The monetary ceiling on standard deduction should be lifted and made
equivalent to one-third of salary. It will not only be justifiable but will also be providing great relief
to the most honest section of the taxpayers according to their economic status.
During the course of the present study the researcher intemewed a large number of
respondants and collected certain concrete information. On the basis of these information the
b) Chartered Accountants are putting the code of their conduct at stake and certifying
c) Tax-Administration is using the anti-evasion provisions for meeting their own ends
d) Govt, has not framed the stable and reasonable long term tax policy. Rather it is
e) Beaurocracy does not implement the policies properly and enjoys unlimited
discritionary powers.
f) Press is not free and fair and has not been playing its expected role which is quite
From these findings it can be easily concluded that the morality has lost its meaning
‘Tax payers are dishonest in India”--------- this is very easy to state, but what basic
reasons are behind it is very difficult to answer. The researcher has developed a model in while he
described the most expected duties of Taxpayers, Chartered Accountants, Tax Admininstration,
i >^
Unfortunately, none is performing its duties with absolute dedication and honesty.
And it is simply because of this reason, that black money and tax evasion have become very
common phenomenon in our economy. Therefore, the need of the hour is moral upgradation.
honest coordination, spritual enthusiasm, revolutionary mental change in these categories ol people,
so that there is free and fair implementation of policies and accelrated growth ofthe nation.
It is no secret that a larger part of national income remains outside the income-tax net.
This results into tax evasion and proliferation ofblack money also, which has been rising year afler
year. The provisions dealing with Business and Profession head of income are mainly responsible
for this. So, the government should abolish the present system of taxing the persons falling in this
category particularly the unorganised business sector, and take pains even at the cost of their chair,
if situation so warrants for restructuring the provisions of income-tax laws in respect ofthis income.
Not only this, the proper implementation of existing and restructured provisions should also be
ensured by the government of India so that such provisions may provide justice to the honest
taxpayers.
There is a strong case for raising the exemption limit to Rs, 60,000. Statistics show
that there would not be any adverse effect on tax base, revenue loss etc. (see table 3.12 and 3.14)
The increase in the exemption limit will not merely be a measure for granting relief to taxpayers but
also securing some relief to the income-tax administration and due to increase in exemption limit
may be compensated if evasion of tax is checked properly. Moreover, unless, honesty is duly
rewarded, tax evasion cannot be checked in this country, in the present circumtances
personal income-tax. This should be done with immediate affect. If decision is delayed on such
issues, the very purpose of rationalisation of personal Income-tax law will be defeated in India.
Reduction of corporation tax rates has been the most dramatic manifestation of the
wave of tax reform that swept world during the recent past. It is felt that the system is bet ter il low
rates are levied on a broad base than high rates on a narrow base. In the survey of tax reforms in
various countries, it has been found that there is not even a single country in the world where
corporation income tax rates have been raised. India also could not afford to be aloof and it also
introduced reforms in corporate tax structure to cope-up with the voice of International community.
So, it would be more justifiable to make those reforms in the field of corporate tax which have
international implications so that and it is in consonance with new insights and improvements in the
design of tax laws which have been generated during the recent past in various countrires.
The comparison of corporate tax reforms in India with that of the World wide trend
shows that India is moving towards globalisation but the process seems to be incomplete one. for
completing the process, the government should first harmonise its business laws which have serious
implications over corporate tax law. For this purpose the government should appoint a "fiscal
Commission’ which may recommend the most desired ways ofharmonisation of various Indian
laws. So the confrontations between income-tax law and other laws can be avoided only when t he
government of India. Corporate assessees would certainly get the reasonable relief from any such
Surchage, being a charge over efficiency, is quite unjust, illogical and inconsistent and
it should be withdrawn, immediately. When there is a World Race for bringing reforms in corporate
tax, India should not only participate in the rate but it should try to win the race by introducing such
corporate tax reforms which will really lead her economy towards globalisation. It would be
possible only when our corporate tax law is more conducive and responsive to the needs ol the
present hour
It is poor not only in quantitative terms, but also the quality of work. A huge number of assessments
is pending with income-tax department and waiting for disposal. The system of‘with-holding the
tax at source’, has been widely used for collection. The advance payment of tax is also very
effective. It has been found that the provisions of TDS and advance payment of tax have been
adhered to a large extent but the fault lies in the system of collection of tax through summary
assessment and regular assessment i.e. with the income tax administration. The performance of
Income-tax Administration also is not satisfactory as the pendency of appeals is increasing year
after year. The anti-evasion provisions in income tax law have not been used efficiently by the tax
administration. The search and surveys have become just a mode of bribe collection by the tax
officers. The corruption in the income-tax department has made the anti-evasion provisions
ineffective.
The wrong recruitment policies for tax officers, corruption prevailing in the department,
lack of cooperation from taxpayers and general public, lack of coordination between tax officer
are the few major causes for the poor performance of tax administration.
Reforms very seriously but it is regrettable that the government has not done enough so far to
tackle this problem.
There must be a complete change in recruitment system and all possible dibits should
be made to check corruption prevailing in the tax administration. For meeting this purpose a model
has been suggested by the researcher where due emphasis has been given on moral upgradation
Since all sections ofthe society are found responsible in varying degresffor corruption, therefore,
only the collective efforts made by all sections can ensure a fair tax system in the country Needless
to say as soon as a fair tax system, it will automatically have a very honest tax administration.
Government should have grearter reliance on Direct Taxes and the reliance on Indirect
Tax rates should be in line with that of other countries so that the targets of export and
Relief in the tax burden to the high- income groups should not be given at the cost of
lower-income groups.
Tax Rates, as has been suggested in table 3.8, should be accepted without any further
delay and the stability in tax rates structure should also be ensured.
While making any amendment to tax law, due importance should be given to public
All provisions ralated to salaries head of income should be grouped together under a
separate chapter so that it may become easily understandable to the salaried taxpayers
uniform salary stmeture should be applicable to all employees. If private sector s employees are
making gross misuse of the present provisions, why not they be charged a minimum income tax
One concept should have only one meaning for all purposes so that interpretational
All allowances in general and dearness allowance in particular either should not be
taxable or an automatic inflation adjustment system should be introduced in Indian tax system
conditions.
limit so that the honest tax payers may enjoy the life according to their economic status
The model for tax Reforms, which is more relevant to un - organised tax payers,
should be seriously considered and due consideration should be given to moral up-gradation.
MAT system should be further strengthened for collecting higher income tax revenue
Corporate-tax rate should be further reduced and global trend should be followed
For that sake a ‘FISCAL COMMISSION’ should be appointed which could recommend the
ways of harmonising the Income-tax law with that of other laws. Corporate assessees would
certainly be benefited and confrontations among different laws would also be minimised by
Global trend should be strictly followed in respect of the provision ol double taxation
by the government in the light ofthe present requirements. Specialised persons should be considered
Tax officers should be held accountable for achieving a particular revenue collection
target.
Government should always protect first the national interest and ‘VOTE-BANK’
officers/personnels should be strictly punished while honest should be duly rewarded by the
appropriate authorities.
At the end the researcher strongly believes that suggestions made above if
implementing may add a new chapter in the present literature of Income Tax Reforms in this
country.
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