News Update

GST - Withdrawal of discount by supplier does not amount to profiteering - Flipkart cannot be held accountable for contravention of Section 171 of CGST Act: NAPAI-T - Consolidation of appeals being heard expeditiously by different benches of ITAT and also without giving a notice to assessee is a vitiated decision: HCWhether "One Tax"concept is being diluted (See 'TOG INSIGHT' 'on 'Taxongo.com')28th GST Council meeting decisions - an overviewCX - CENVAT -Phrase 'for personal consumption' appearing in clause (C) of Rule 2(l) of CCR, 2004 is not linked to clause (A) and (B)- Rent-a-cab service is a part of limb (B) and stands excluded from definition of Input service: CESTATAchieving targeted Cargo Release Time cannot be business as usualI-T - Non-prosecution of disallowances by taxpayer in appeal, should not be used against him as ground for invoking penal proceedings: ITATGST - Major relief granted to Services in IT, Education, Agri, Banking & Food Processing sectorsGST - Many transactions in Schedule III to constitute ' No Supply'Naidu appoints Prof Raj Kumar of BHU as Vice-Chancellor of Panjab UnivNew GST Return to work on 'upload, lock & pay' basis; NIL returns through SMSGST Registration - Part B of REG-26 not filled - Do it before Aug 31GST Council approves proposed amendments in laws; No interest to be paid if ITC is reversed on failure to make payment within 180 days + exemption to IT services in case of Related Parties + to define expression 'renting of immovable property' + extends exemption upto Sept 2019 on outward transportation by air or sea + RCM to apply on DSA services to banks or NBFCsGST Council reduces tax rates on as many as 87 items + 5% IGST on Pool price of imported urea by Govt + exemption from CESS to coal rejects + water supplied for public purposes + 5% tax rate on marine enginesGST Council takes slew of decisions to reduce tax rates & simplify compliance normsGSTN to link all tolls & nakkas through RAFD for smooth movement of goods + SOP to be issued to overcome e-Way Bill related penalty + Migration window without interest to remain open till Aug-endGST Council to meet again on Aug 4, 2018 + to focus on issues relating to only MSME Sector + also to discuss possible sops for digital paymentsGST Council hikes exemption limit from Rs 10 lakhs to Rs 20 lakhs in States like HP, Uttaranchal, Assam, Arunachal & two more + also allows multiple registration within a State if taxpayer wishes so + simplifies cancellation of registrationGST - Council decides to make it quarterly return but monthly payment upto Rs 5 Crore turnover - Relief for 93% taxpayers + approves 10% of turnover or upto Rs 5 lakh worth of services by Composition dealers + suspends RCM upto September 2019GST Council decides 28% tax to apply only on actual hotel tariff of Rs 7500 rather than declared tariffGST Council grants relief to textile sector - ITC refund to be granted but after July 27, 2018GST Council exempts many items such as statutes of god, rakhi, brooms & many others + tax rate on handloom items lowered from 12% to 5% + rate on ethanol down to 5% + many items moved from 28% to 18% slabGST Council approves New two-page GSTR + facility of revision of GSTR + quarterly return for composition dealers but monthly tax payment + exemption to sanitary napkins + 5% tax rate on shoes up to Rs 1000 + many items like TV upto 25 inch + Fridge & other electronic items from 28% to 18% slab + powers to share IGST and CESS collected before 5 years
 
Time for equitable tax rates in place of slab rates that tax higher income disproportionately lesser and lower income more!

JANUARY 29, 2008

By Subhashree Kishore

EVEN as Delhi shivers in cold wave, the North Block is probably warming on a teeming, beaming cup of joy, for tax collections are up by 40% and direct taxes at that. So have Indians become more prosperous, honest and law-abiding? Perhaps yes. There is also optimism among tax-payers that the FM will keep his promise of simplification of tax laws and easing of tax burden now that compliance has improved. Of course, corporates, their organized associations and professionals are probably ready with their wish list - respectably labeled ‘suggestions’. Despite the sporadic enhancement of threshold limits and progress towards a three-tier system on par with world economies there is still much to be done to make personal income tax sufficiently ‘personal’ rather than apathetic as it is viewed to be now. This write-up proceeds to propose a few changes aimed at easing the squeeze of individual assessees, more particularly the salaried class.

Premises

  • Adam Smith’s cannons of taxation call for equity (or equality of sacrifice), certainty (clarity of rules), convenience (ease of compliance) and economy. Other features like flexibility, neutrality and efficiency in collection are also now held as desirable.

    Direct taxation – on income is to be progressive meaning it increases as incomes increase and serves as a tool of redistribution, seeking to curb the ill effects of concentration of wealth and wasteful consumption.

    Despite various studies, unanimity on why people pay taxes or do not, is seen. The latter (Why should I pay or what do I get by paying taxes) may be explained with high rates, Laffer curve and lack of perceived tangible benefits flowing from compliance but the current buoyancy defies these contentions. The former (I have no other option but to pay up) is said to be affected by a range of factors, including deterrent penal provisions, efficiency of tax administration, costs of evading and community values.

Revisiting tax slabs and rates

Let us first examine the rates and brackets. In the current scenario we find that the initial or base rate of 10% applies on Rs.40,000 (between Rs.1,10,000 and 1,50,000) and 20% on a mere Rs.1,00,000 (between Rs.2,50,000 and 1,50,000). Even while the maximum marginal rate of 30% on incomes above Rs. 2,50,000 compares evenly with similar economies like China and Korea, the incomes do not. The 30% rate is applicable on income above Rs. 37,00,000 (approx) in China (our current role-model for development) while the limit is Rs.28,00,000 (approx) in South Korea. That the Indian tax structure is hardly progressive can well be seen from the following table. This is a simple layman analysis bereft of the paraphernalia of a task force or a study group.

Income

Tax

Tax rate

Post-tax income

Percentage of post-tax income

Tax paid %

Increase over previous slab

100000

0

0

100000

100.00

0.00

0.00

110000

0

0

110000

100.00

0.00

0.00

120000

1000

10

119000

99.17

0.83

0.83

130000

2000

10

128000

98.46

1.54

0.71

140000

3000

10

137000

97.86

2.14

0.60

150000

4000

10

146000

97.33

2.67

0.52

200000

14000

20

186000

93.00

7.00

4.33

250000

24000

20

226000

90.40

9.60

2.60

300000

39000

30

261000

87.00

13.00

3.40

350000

54000

30

296000

84.57

15.43

2.43

400000

69000

30

331000

82.75

17.25

1.82

450000

84000

30

366000

81.33

18.67

1.42

500000

99000

30

401000

80.20

19.80

1.13

550000

114000

30

436000

79.27

20.73

0.93

600000

129000

30

471000

78.50

21.50

0.77

650000

144000

30

506000

77.85

22.15

0.65

700000

159000

30

541000

77.29

22.71

0.56

750000

174000

30

576000

76.80

23.20

0.49

800000

189000

30

611000

76.38

23.63

0.42

850000

204000

30

646000

76.00

24.00

0.38

900000

219000

30

681000

75.67

24.33

0.33

950000

234000

30

716000

75.37

24.63

0.30

1000000

249000

30

751000

75.10

24.90

0.27

1050000

290400§

30

759600

72.34

27.66

2.76

Note: Cess has not been applied to the above due to uniform incidence but Includes surcharge

It is quite evident from the above that higher incomes are taxed rather disproportionately lesser. People with income between Rs. two lakhs and Rs. 3.5 lakhs get very little benefit of lower slab and are taxed more as can be seen from the ratio of tax burden given in the last column. Assessees with taxable income ranging from Rs. three lakh to Rs 10 lakhs bear relatively lesser burden. Even in case of income above Rs 10 lakh the incremental burden is not as high as the Rs. 2 lakh – Rs. 3.5 lakh bracket. It seems there is an urgent necessity to inject real and balanced progressivity for the said groups.

The classic argument for limiting taxes is that if higher incomes are taxed too heavily, the citizen loses his incentive to earn more. But with the professed commitment to development, and the flagrant contrast of hunger deaths vis-à-vis jet-flaunting millionaires, India cannot afford to have a single tax queue for all. The tax brackets definitely need an upward revision. An upper limit of atleast Rs.5,00,000 for the median rate of 20% appears reasonable given the income levels and the monthly budgeting exercise of ‘the common man’.

The option of a single flat rate is not feasible yet because justice and equity principles would demand a huge threshold limit putting a vast section of the organized sector out of its purview. Indian Inc has been clamouring for a 25% tax rate to be on par with other Asian economies, also inspired by recent successful cuts in France and Germany. Thus a lower single flat rate with emaciated tax base will not help India in her goal to raise savings to 40% of GDP by 2011.

The FM takes exceptions to exemptions leaning heavily on abuse or misuse theory in preference to plugging loopholes. The rhetoric against exemptions is that they distort an otherwise fair tax rate and simply push up cost of servicing with negligible benefit in terms of employment opportunities, reduction of imbalances and so on. For instance the purported aim of enhanced exemption for women assessees is to encourage working women or give them greater economic independence. There is no empirical study by the Government on the impact of such measure in the betterment of women, working or otherwise. It is hard to believe that zero tax for Rs. 35,000 actually motivates families to allow women to work. A woman who is educated and/or skilled enough to earn over 9K a month doesn’t need a 35K bonus in tax threshold. It is rather single working women or families where women are sole earning members who could gain from such enhanced exemption. South Korea extends an additional standard deduction of W5,00,000 (Rs. 21,000 approx) for woman householders with dependents.

Income Tax Act recognizes HUF and other entities besides individuals for tax purposes. Some assessees, nuclear families use the HUF concept to claim additional exemption clothed innocuously as tax planning. Given this statutory basis, another entity namely the family can be tagged to rates in respect of personal income tax too. In this direction the option of joint filing wherein if both husband and wife are earning members, return can be filed jointly, requires serious consideration. This could remove disparity between families where both spouses work and those where only the male member earns and despite a large dependent unit he gets lesser exemption. A suitable rate may be devised to tax such jointly filed incomes so that exemption foregone is partly set off by rate of tax. Mississippi in United States provides maximum benefit for married couples. India could try the above since we are used to implanting foreign models in all spheres like the import from Australia - FBT.

Continuing with the subject of dependent population, the FM could also examine a tax credit for assessees who are supporting their parents or elders i.e. senior citizens as per the Senior Citizens Bill (Maintenance and Welfare of Parents and Senior Citizens Bill, 2007). An amount of Rs.12000/- per annum fixed as payable by the government to senior citizen can be included in the list of deductions under Chapter VIA of IT Act. Documentary evidence would a declaration by the senior citizen who is being supported. That would perhaps make the sons or daughters smile more often at the elders.

A Midas touch to the new salaried class or first time earners stepping into the tax bracket would be to give a tax holiday in any one of the first three years from date of first employment so as to consolidate their earnings, repay any loan towards education, social functions and medical bills outstanding on date. Our law-makers seem to believe that men (as also women assessees) are like children who have to guided on how to spend. They need to be protected against donating too much as is evident from the 50% cap on eligibility of certain donations!

The scimitar of EET (exempt-exempt-taxable) policy on savings and investments looms murderously over the long-term saving aspirations of the assessee. In countries like China, Australia, UK and Lithuania the maturity proceeds from insurance are exempt from tax. Taxing the benefits on maturity at the stage of life when people really need money and have almost exhausted earning options does not fit in the image ‘good government’. Let us hope we will get a really rewarding Budget this time around and the FM will look at all right places while designing it, lest it should become like the situation below.

Heaven is where

The cooks are Indians, the policemen are English, the mechanics are German and the bankers are Swiss.

And it is hell when

The cooks are English, the policemen are German, the mechanics are Indians and the bankers are Italian.


 RECENT DISCUSSION(S) POST YOUR COMMENTS
   
 
Sub: higher rate for lesser income

Madam,
Your article is welcome one to all salaried class of people. Your '?' over the increased tax collection is very significant. The increased tax collection from which sector has to be looked into.
Let us hope this budget will bring some welcome change to the persons who are in the lower strata.

Anbuchelvan.P

Posted by PANNEERSELVAMANBUCHELVAN PANNEERSELVAMANBUCHELVAN
 

TIOL Tube Latest

GST Rebooted | Episode 8 | simply inTAXicating

What's New

CGST Notification
CGST Rate Notification
CGST Circular
Income Tax Notification
Income Tax Circular
Customs Tariff Notification
Customs NT Notification
Customs Circular
Anti Dumping Notification
DGFT Notification
DGFT Public Notice
DGFT Circular
RBI Circular

TAXATION & WILDLIFE