(Batch:PCB1) Mrunal's Economy Pillar#2: Budget Revenue 15 FC, Black Money, Subsidies Page 241
(Batch:PCB1) Mrunal's Economy Pillar#2: Budget Revenue 15 FC, Black Money, Subsidies Page 241
(Batch:PCB1) Mrunal's Economy Pillar#2: Budget Revenue 15 FC, Black Money, Subsidies Page 241
Table of Contents
23.3 🕵️♂📑: (👨🦲 → 😱) 15th FC’s TOR: Apprehension of the States.................... 245
23.3.1 👪 States Fear#1: Vision for New India 2022 ................................... 245
23.3.2 🏆 States fear#2: Performance based incentives (प्रदर्थन आधाररत प्रोत्साहन) 245
23.3.4 🔪 States fear#4: Debt and Grants (ऋण और अनुदान) .......................... 246
23.4 🍋 [🧔⚖️(👨🦲👳🏻♀👳🏻)] FC: Vertical Tax Devolution from Union to States ........ 246
23.5 🍋 [👨🦲⚖️👳🏻♀ 👳🏻] Horizontal Tax Devolution among States .................... 247
23.5.1 🍋 [👨🦲⚖️👳🏻♀ 👳🏻]15th FC: Horizontal devolution ............................ 248
23.5.2 🧕Finance Commissions & the fate of UTs of J&K & Ladakh ................. 248
23.6 🧔 → 💸🤲🏼 (👨🦲👳🏻♀) Grants from Union to States (संघ से राज्यों को अनुदान) ...... 248
23.6.1 💸🤲🏼🏕15th FC: Local Bodies Grants (स्थानीय ननकाय अनुदान, 90k cr) ........ 249
23.6.2 💸🤲🏼🤦🏼♂Post-Devolution Revenue Deficit Grants (74kcr) ..................... 249
23.6.3 💸🤲🏼🌬🌪15th FC: Disaster Management Grants (आपदा प्रबंधन) ............. 249
23.6.4 💸🤲🏼🍽15th FC: Sector Specific Grants (क्षेत्र-निनिष्ट अनुदान, ~7700cr) ....... 250
23.6.5 💸🤲🏼🙋🏿15th FC: Special Grants: (नििेष अनुदान , ~6700kcr) .................. 250
23.6.6 💸🤲🏼💪🏿 15th FC: Performance-based incentives (प्रदिशन-आधारित प्रोत्साहन) . 250
23.6.7 🤏 15th FC: Other recommendations to Govt .................................. 251
23.6.8 ✍️ 15th FC Report for 2020-21: conclusion ...................................... 251
23.6.9 👻ATMANI → 🧔🕉👨🦲Helping States → Tax devolution and grants ....... 251
23.7 🕵️♂(🍋🧔⚖️👨🦲)⏰ FC: Giving Permanent Status (स्थायी दर्ाश देना) ................. 251
23.7.1 🤦♂👎Arguments against giving permanent status to FC ...................... 252
23.7.2 🙋♂👌Argument in favour of giving permanent status to FC ................... 252
23.7.3 ✍🏻 Conclusion: give permanent status to FC or not? ......................... 252
23.8 🕵🏻 FC vs PC vs NITI: What’s the Difference? ......................................... 253
23.9 🍋(🧔⚖️🤷♂🙏) Special Category States? विर्ेष श्रेणी के राज्य? ..................... 254
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23.9.1 🍋(🧔⚖️🤷♂🙏) Sp.Cat States → Economic Surveys criticised .............. 255
23.9.2 🍋(🧔⚖️🤷♂🙏) Sp.Cat States → Hill Union Territory Status for J&K? ..... 255
23.9.3 ✍🏻 Mock Questions for UPSC Mains (250 words each) ......................... 256
24 🍋👺🕵🏻 Taxation → Black Money & Allied Issues ..................................... 256
24.1 (🍋👺)🕵🏻Black Money → Notable Organisations .................................... 257
24.2 🍋👺 Tax Evasion (Hiding Income / Transaction) .................................. 258
24.2.1 🍋👺⚖️ Prevention of Money Laundering Act (PMLA-2002) ................. 258
24.2.2 🍋👺⚖️ Undisclosed Foreign Income & Assets Act (UFIA-2015) ............. 258
24.2.3 🍋👺⚖️ Benami Transactions Prohibition Act (BTPA- 1988, 2016) ......... 259
24.3 (🍋👺)💼 Tax Evasion → Full-Budget-2019 Announcements...................... 259
24.3.1 🍋👺🙌 Tax (Evasion) disclosure schemes (“surrender”) .................... 259
24.3.2 🍋👺🙌 Vivad se Vishwas Scheme for Direct Taxes (Budget-2020) ......... 260
24.3.3 🍋👺 Tax Evasion → Other Initiatives (अन्य कदम) .............................. 261
24.4.1 🍋👋🤵 Double Taxation Avoidance Agreement (DTAA) & Round Tripping 261
24.4.2 🍋👋🤵 Tax Avoidance through Non-Resident Status ......................... 262
24.4.4 🍋👋🤵 Base Erosion and Profit Shifting (BEPS: बीईपीएस) .................... 263
24.6.1 🍋🌐🤝 Tax Information Exchange Agreement (TIEA: समझौता) ............ 267
24.6.2 🍋🌐🤝 USA’s Foreign Account Tax Compliance Act (FATCA-2010) ........ 267
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24.7.2 💸How did 99.30% SBN returned into banking system? ........................ 268
24.7.3 💸99.30% SBN returned, but Demonetization not failed experiment: ...... 269
24.7.4 💸Demonetization: Impact as per Economic survey 2016-17 ................. 269
24.8 📘📘Economic Survey on taxation and fiscal capacity (वित्तीय क्षमता) ............. 269
24.8.1 🍋🥛The reasons for low Tax: GDP in India: .................................... 270
24.8.2 📘📘 ES19: “Use Behavioural Economics to improve Tax Compliance” ..... 270
24.9 🍋Taxation: Misc. Terms ................................................................ 272
24.9.3 ✍🏻 Mock Questions for UPSC Mains (250 words each) ......................... 273
24.10 📥🚆📮 Budget → Revenue Part → Receipts → Non-Tax Receipts......... 274
25 📤⏰ Budget → Revenue Expenditure ................................................. 274
25.1 📤⏰(🌽⛽️) Revenue Expenditure → Subsidies ................................... 275
25.1.1 📤⏰(🌽⛽️) Types of subsidies with selected examples ..................... 276
25.2 📤⏰🥳 Revenue xpdr → Salaries→ 7th Pay Commission (िेतन आयोग) ........ 278
25.3 (📥<📤)⏰⚠️ Revenue Deficit (राजसि घाटा: 2.7% of GDP) ....................... 279
25.4 (📥<📤)⏰⚠️ Effective Revenue Deficit (प्रभािी राजसि घाटा: 1.8% of GDP) .... 279
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- Article 280: President of India forms a Finance Commission (a quasi-judicial body)
every 5th Year or earlier, with 1 chairman and 4 members. Eligible for re-appointment.
Recommendations are not binding on the government but usually not rejected.
📔Further self-study & HINDI TERMS@ M.Laxmikanth’s Indian Polity ch.45.
14th FC: YV Reddy Recommendation Period: 1st April, 2015 to 31st March, 2020
15th FC: NK Singh Originally, it was meant to cover: 1st April, 2020 to 31st March, 2025
But later, Modi Govt ordered it to submit two reports:
1) Report#1: for 1/Apr/2020 to 31/March/2021 → submitted to
President in 2019-Nov, and accepted in 2020-Jan
2) Report#2: for 1/Apr/2021 to 31/March/2026. (to be
submitted by 30 October 2020)
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✓ (2019-Oct) Award for the UT of J&K. (This terms of reference required under
JAMMU AND KASHMIR REORGANISATION ACT, 2019. पुनगशठन अनधननयम)
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23.3.3 👪 States fear#3: Census-2011 (जनगणना -2011)
For horizontal distribution of taxes among states, 14th FC had used Census-1971 data.
Census-1971 population was given 17% weight i.e. more populous state will get more
funds.
15th FC’s Terms of Reference (TOR) requires NK Singh to use ONLY Census-2011 data.
But, Southern states have reduced their fertility rate between 1971 to 2011, whereas
Northern states could not- due to poverty, illiteracy and lack of healthcare
infrastructure. So, Southern states had feared Northern states will get
proportionately more funds, if Census-2011 is used.
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23.5 🍋 [👨🦲⚖️👳🏻♀ 👳🏻] HORIZONTAL TAX DEVOLUTION AMONG STATES
राज्यों के िीच समस्तरीय/क्षैनतर् किअंतिण
Finance Commission also gives formula for How to distribute that share horizontally with
individual States (Guj | Bihar | MH | TN...). 14th FC (YV Reddy)’s formula was…
14th FC horizontal distribution formula components Weight %
👪 आबादी Population: as per Census 1971 17%
👪 जनसाांख्ययकीय Demographic Change as per Census 2011 (To consider the
10%
बदलाि migration angle.)
Income-Distance: Based on per capita income of a state
👜 आय-दरू ी (GSDP ÷ its population). Accordingly, poorer states get 50%
more weight
📏 क्षेत्र Area: more area more weight 15%
Forest-Cover: more forest cover more weight because of
🌳 िन-आिरण Opportunity cost (State can’t allow industries there, else 8%
it could have obtained some taxes)
Based on above formula, Highest to Lowest: Uttar Pradesh > Bihar > MP > WB > MH > Raj>
….. > Mizoram > Goa > Sikkim.
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23.5.1 🍋 [👨🦲⚖️👳🏻♀ 👳🏻]15th FC: Horizontal devolution: States’ share in ⬇ order
Table 1: Try to remember 3-5 names in top & bottom each, & your home state.
23.5.2 🧕Finance Commissions & the fate of UTs of J&K & Ladakh
Until 10th Finance Commission, the FC would also prescribe the revenue sharing formula
between the Union Government and Union Territories.
➢ But this practice stopped since 11th finance commission i.e. Finance ministry itself
decides how much revenue will be shared with Union Territories based on its own
discretion (कें द्रिानसत प्रदेिों को ककतने पैसा देना है= कें द्र सिकाि अपने नििेक से तय किता है).
➢ Finance Commission no longer prescribed formula in this regard. But,
➢ 31st October 2019: The state of Jammu Kashmir was officially split into the union
territories of Jammu Kashmir and union territory of Ladakh.
➢ Jammu and Kashmir Reorganization Act, 2019 mandates that:
o Whatever amount the former state of J&K was supposed to receive between
31/10/2019 to 31/3/2020 (as per 14th FC formula) …It will be distributed
between these two new union territories on the basis of population ratio and
other parameters.
o President of India shall require 15th FC to make award for UT of J&K.
o However, looking the 15th FC report, no separate share is given in verticle /
horizontal tax devolutions. Simply 1% extra kept with Union to look after J&K &
Ladakh, compared to 14th FC.
23.6 🧔 → 💸🤲🏼 (👨🦲👳🏻♀) GRANTS FROM UNION TO STATES (संघ से राज्यों को अनद
ु ान)
Apart from the tax devolution, FC would also suggest Union to give grant to the states
(grant= NOT loan, so need not return with interest).
14th FC suggested following types of grants→
1. For All States: Grants for Panchayati Raj Institutions (PRI) and Urban Local Bodies
(ULB). These grants will be subdivided into two parts: basic grant (प्राथनमक) and (10-
20%) performance based grants.(प्रदिशन आधारित)
2. For All States: Disaster Management Grants. (आपदा प्रबंधन अनुदान)
3. For 11 States: Post-Devolution Revenue Deficit Grants. (अंतिण-पश्च िार्स्ि घाटा अनुदान)
15th FC suggested following types of grants (in ⬇decreasing order, 2020-21)→
1) 💸🤲🏼🏕Local Bodies Grants (स्थानीय ननकाय अनुदान, 90k cr)
2) 💸🤲🏼🤦🏼♂Post-Devolution Revenue Deficit Grants (74kcr)
3) 💸🤲🏼🌬🌪Disaster Management Grants (आपदा प्रबंधन अनुदान: 41kcr)
4) 💸🤲🏼🍽Sector Specific Grants: Nutrition (क्षेत्र-निनिष्ट अनुदान, ~7700cr)
5) 💸🤲🏼🙋🏿Special Grants: (नििेष अनुदान , ~6700kcr)
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6) 💸🤲🏼💪🏿 Performance-based incentives (ननष्पादन-आधारित प्रोत्साहन)
23.6.1 💸🤲🏼🏕15th FC: Local Bodies Grants (स्थानीय ननकाय अनुदान, 90k cr)
2020-21 Approx. Amount in ₹cr.
Rural Local Bodies ~60k. Out of this,
- given to all three 50% is Tied Grants (ननर्दशष्ट) = meant only for specific objectives
tiers in the 1) sanitation 2) water (स्िच्छता औि पानी)
panchayats, i.e. 50% is Untied/basic (प्राथनमक) = can be used for any objective
village, block and
depending on location. Except salary & establishment (building
district. And also,
renovation, electricity bill etc.)
for 5th and 6th
From 1/4/2021 they’ll be required to submit audited accounts
Sch. areas
online through Panchayati Raj Institutions Accounting Software
(PRIAsoft) to Comptroller and Auditor General (CAG: ननयंत्रक औि
महािेखा पिीक्षक)
Urban Local ~30k. Out of this,
Bodies (ULB) & ~9k cr for million plus population-walli cities. (Excluding Delhi
Cantonment boards & Srinagar for being in UT). These grants are mainly to be used
for air quality improvement, water & solid waste management
(िायु गुणित्ता में सुधाि, र्ि औि ठोस अपनिष्ट प्रबंधन).
~21k for cities with <1million pop: 50% untied (basic) grants +
50% tied for specific objectives 1) drinking water 2) solid waste
management.
From 1/4/2021, ULBs required to 1) reform property tax rates 2)
submit audited accounts to CAG online.
Total grants ~60k Rural + ~30k Urban = 90k.
23.6.3 💸🤲🏼🌬🌪15th FC: Disaster Management Grants (आपदा प्रबंधन अनुदान: 41kcr)
Disaster Management Act, 2005 → Ministry of Home Affairs (गृह मंत्रािय) looks after the
subject.
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15th FC: 2020-21 🧔National Disaster Risk Management 👨🦲State Disaster
recommendations Fund (NDRMF: एनडीआिएमएफ/िाष्ट्रीय आपदा र्ोनखम Risk Management
नसफ़ारििे प्रबंधन कोष) Fund (SDRMF)
allotted ₹ cr ~12k ~29k**
Internal 80% amt for National Disaster Response Same pattern,
distribution Fund (NDRF:एनडीआिएफ/िाष्ट्रीय आपदा change word from
आंतरिक नितिण सहायता कोष) National to ‘State’
20% amt for National Disaster Mitigation
Funds (NDMF:एनडीएमएफ/िाष्ट्रीय आपदा
प्रिमन कोष)
**Notes on SDRMF:
1) How much will an individual state get? Ans= depends on its past disasters, risk
exposure (area & population wise) etc.
2) Respective State Govt is also required to contribute some money in SDRMF.
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23.6.7 🤏 15th FC: Other recommendations to Govt
Some States have requested special category status(नििेष श्रेणी का दर्ाश). But it’s not part
of our mandate/Terms of Reference. So we’ve nothing to say on this matter.
Reform the direct taxation system → increase tax collection.
Reform GST’s operational challenges, slabs and rates.
Review the outcomes of all Government schemes. Merge/abolish non-essential
schemes → reduce Expenditure.
We need a law on “Public Financial Management System (िोक नित्तीय प्रबंधन प्रणािी)” it’ll
prescribe the budgeting, accounting, internal control and audit standards to be
followed at all levels of government.
Govt should follow FRBM Act with full sincerity in letter and spirit. (More in Pillar2D:
FRBM Section) पूिी ननष्ठा के साथ एफआिबीएम कानून का पािन र्रूिी
Figure 2: CAG-UPSC र्ेसी कायम चािू िहेने िािी संस्था बनाओ FC को- तभी ठीक से काम होगा- िनिकांता
(Introduction: Origin) Shaktikanta Das, the Governor of RBI and a member of the 15th
Finance Commission (FC), has recommended giving a permanent status to the FC, wherein
the old commission continues to implement & monitor the recommendations till the next
commission starts functioning.
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23.7.1 🤦♂👎Arguments against giving permanent status to FC
Indian economy and Indian union has functioned successfully for over 70 years with this
mechanism, so there is no need for such constitutional amendments and
experimentations. ितशमान व्यिस्था योग्यरूप से चि िही है, नए संिेधाननक प्रयोगो की कोई र्रूित नही
We already have a NITI Aayog acting as a permanent think-tank on all the matters
related to economy and governance.
We already have a GST Council where states & union can deliberate on issues related
to indirect taxes. If there is an economic crisis they can finetune the GST formula and
GST-distribution to address it.
Both NITI Aayog and GST Council provide a platform for cooperative federalism (सहकािी
संघिाद की चचाश के निए मंच उपिब्ध).
Further, we already have the CAG to audit the accounts of the Union and the States.
Therefore, Giving permanent status to Finance Commission will result in overlapping
responsibilities and duplication of efforts.(प्रयासों का व्यथश दोहिाि)
Even if the Finance Commission is given a permanent status, the states ruled by
opposition parties will continue to allege injustice & partiality, just like they allege
with the functioning of Election Commission. Then, the Union Finance Ministry’s
precious time will be wasted in filing counter-responses to the States at FC.
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(Against) Considering the aforementioned issues, the present constitutional and
institutional mechanisms are adequate for fiscal federalism; they do not merit any
changes for the time being. (ितशमान प्रणािी सुयोग्य, कफ़िहाि कोई परिितशन अनािश्यक)
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Answer Codes: (a) 1 and 2 (b) 1 , 3 and 4 (c) 3, 4 and 5 (d) 2 and 5
Figure 3: हमािा िाज्य गिीब है, इसनिए हमे निकास के निए कें द्र सिकाि ने अिग से ढेि सािा पैसा देना चानहए!
- 1952: The National Development Council (NDC) was set up, consisting of PM, CMs and
other representatives to approve the five year plans prepared by the Planning
Commission. But became obsolete with establishment of NITI Aayog.
- 1969: 5th Finance Commission recommended giving extra funds and tax-relief to
certain disadvantaged states. Over the years, NDC added more states into the Special
Category List based on
✓ (i) hilly and difficult terrain (पहाडी औि करठन भूभाग)
✓ (ii) low population density and / or sizeable share of tribal population (कम
र्नसंख्या घनत्ि औि / या र्नर्ातीय र्नसंख्या का बडा नहस्सा)
✓ (iii) strategic location along borders with neighbouring countries (पडोसी देिों
के साथ सीमाओं के साथ िणनीनतक स्थान)
✓ (iv) economic/infrastructural backwardness (आर्थशक/अिसंिचनात्मक नपछडेपन)
✓ (v) non-viable nature of state finances. (िाज्य नित्त की गैि-नननहत प्रकृ नत।)
- Examples: 8 North Eastern states and 3 Himalayan States (JK, Uttarakhand, HP). Post-
370 removal, J&K is no longer in this list.
- Benefits of Sp.Cat. States?
✓ Industrialists will be given benefits in Union-taxes for setting up factories in
these states. (उद्योगपनत को फै क्री िगाने पि कि में छू ट/ रियायत )
✓ In Centrally Sponsored Schemes (CSS: कें द्र प्रायोनर्त योर्नाएं), Union will bear
higher burden (90:10).
✓ FC & PC would assign more weightage in their formulas to give’em more funds.
- 14th FC: Previous Finance Commissions would assign extra weightage & funds to
Sp.Cat states, but 14th FC stopped this practice.
- But, whenever elections are near, W.Bengal, Bihar and Andhra CMs would demand
Sp.Cat. status & blame Union for ‘injustice’.
- 15th FC: Some States have requested special category status. But it’s not part of our
mandate/Terms of Reference. (हमािे निचािाथश निषयो मे ये है ही नही!)
- So, at present, Sp.Cat states don’t get additional revenue/grants in FC’s formula.
Although, Union upon its own discretion continues to give them certain benefits in CSS.
हाि के नित्त आयोग, इन िाज्यों को अिग से कोई पैसा नहीं देते। ककं तु कें द्र सिकाि स्ियं के नििेक से योर्नाओं
में ज्यादा पैसा दे सकती है।
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23.9.1 🍋(🧔⚖️🤷♂🙏) Sp.Cat States → Economic Surveys criticised
Figure 4: इतने सािों तक ढेि सािा अनुदान कदया फिर भी विकास क्यों नहीं? - "दान एक श्राप है"- Former CEA
- 📔📔Economic survey 2016-17: Noted that Sp.Cat states have received lot of funds &
grant from previous FCs and PCs, and yet they have not made any tangible progress in
improving public administration or removing poverty (=” Aid Curse”: सहायता का
अभभशाप). Similar problem with the States having abundant mineral resources
(“Resource Curse”: खननर् संसाधनों का अभभशाप).
- Economic Survey 2017-18: Noted that compared to Brazil, Germany and other
countries with federal polity, India’s State Governments and Local Bodies are
collecting less amount of tax for two reasons :
- 1) Constitution has not given them sufficient taxation powers.
- 2) Even where constitution gave them powers like collection of Agricultural Income
Tax, Land Revenue, Property Tax: The States/Local Bodies are shy of collecting taxes
due to electoral politics.
- Result? Poor quality of Public Schools, Public Transport, Police, Drinking Water and
Sanitation. सािशर्ननक स्कू िों, परििहन, पुनिस, पेयर्ि औि स्िच्छता की खिाब गुणित्ता
23.9.2 🍋(🧔⚖️🤷♂🙏) Sp.Cat States → Hill Union Territory Status for J&K?
While Finance commissions no longer give extra weightage to ‘Sp.Category States’ in
horizontal tax distribution formula, but Union provides them additional funding for their
welfare schemes from Union’s own pocket.
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23.9.3 ✍🏻 Mock Questions for UPSC Mains (250 words each)
1. What are the terms of reference of the 15th Finance Commission? Why were some state governments
apprehensive about them? १५िें नित्त आयोग के विचारार्थ विषय क्या है ? कुछ राज्य इस विषयमें आशंकािान क्यों?
2. Compare and contrast the horizontal tax devolution approaches of 14th FC vs 15th FC क्षेनतर् कि
अंतिण के नसध््ांतों मे 14िा औि 15िे नित्तआयोग की समानता ि नभन्नता की तुिना कीनर्ए
3. Enumerate the grants suggested by 15th FC for 2020-21. अनुदानों की सूची दीनर्ए।
4. “The constitution of GST Council has reduced the role of Finance Commission as the balancing wheel
of fiscal federalism in India.” Do you agree? Justify your stand. "जीएसटी परिषद के गठन ने वित्त आयोग की
भाित में िाजकोषीय संघिाद के संतुलन में भूवमका को कम कि ददया है।" क्या आप सहमत हैं? अपने तकक को उवित ठहिाएं।
5. Examine critically the merits of giving a permanent status to the finance commission. नित्त आयोग को
स्थायी दर्ाश देने (के सुझाि) की योग्यता की गंभीि समीक्षा कीनर्ए.
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Shell firms, They do not have any active business operations. Created with sole
Post-box/ objective of money laundering/tax evasion/avoidance E.g. Mishail
Letter-box Packers and Printers Pvt Ltd. allegedly setup by Misa Bharti Yadav to
companies launder ₹1.2 crores (as per Enforcement Directorate).
Panama Papers - International Consortium of Investigative Journalists is a USA
(2016) Paradise based nonprofit organization.
Papers (2017) - They released these incriminating documents from certain law
Mauritius papers firms in tax havens & showed how notable people across the world
(2018) engaged in tax avoidance/ evasion. Amitabh Bachchan &
Aishwarya Rai also named in some them.
Tax Terrorism - Happens when tax authorities put undue pressure on an honest
(कर आतांकिाद) taxpayer to pay more taxes.
- 2012: Vodafone won a case against income tax department in the
🍋🍋🍋🕵🏻: 🙇🏻 supreme court related to Capital Gains Tax on purchase of Hutch
mobile company.
- Afterwards, UPA government amended the Income Tax Act with
retrospective effect and issued fresh notices against Vodafone. So,
Modi called it “UPA’s Tax Terrorism on Corporates”
TDS/TCS Tax Deduction at Source (TDS) स्रोत पर कर कटौती
Tax Collection at Source (TCS) स्रोत पर कर संग्रह
These are the mechanism to discourage tax evasion. Ref: IT Handout
PAN Card 10 letters alphanumeric numbered assigned to all taxpayers in India
स्र्ाई खाता सांययाक by Income Tax Dept. Ref: GST Handout for more.
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सहयोग तर्ा विकास economy and taxation. Known for Base erosion and profit shifting
(BEPS) Norms. India is not a member of OECD, yet.
सांगठन)
➢ It requires Indian residents to disclose their foreign assets (e.g. bungalow in Dubai,
Bank account in Switzerland) and income coming from foreign sources (e.g. shell
company in Cayman Island) in their income tax returns.
➢ Foreign source income will be subjected to 30% income tax. No deduction, exemption
or rebate will be given on it.
➢ Violation = Penalty + upto 10 years jail time. If a company is found violating the Act,
then every person responsible to the company shall also be liable for punishment
unless he proves that it was done without his knowledge.
➢ It also empowers the Union to enter into agreements with other countries for the tax
exchange of information.
➢ (Full) Budget-2019: If a person was resident in India at the time of acquiring an
undisclosed asset (and later ran away from India, acquired citizenship elsewhere like
Nirav, Mehul & Mallya), still his properties will also be subjected to this law.
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24.2.3 🍋👺⚖️ Benami Transactions Prohibition Act (BTPA- 1988, 2016)
➢ िेनामी लेनदे न (ननषेध) अधधननयम: 1988’s original act did not achieve much results →
amended in 2016. Main Agency? Income Tax Department.
➢ Benami refers to properties that buyer registers in the name of his relative, personal
staff (Driver, Gardner) or a non-existent/ fictitious persons (काल्पननक व्यनि) to avoid tax
authorities’ attention.
➢ E.g. 2018: Misa Bharti Yadav (allegedly) bought farmhouse in the name of her brother-
in-law Nilesh Kumar.
➢ Cases are heard @ PMLA-walli bodies.
➢ Violation = Confiscation of property + penalty + upto 10 years jail time.
🔠❓MCQ. With reference to the ‘Prohibition of Benami Transactions Act’, find correct
statement(s):(Asked in UPSC-Pre-2017)
1. A property transaction is not treated as a benami transaction if the owner of the
property is not aware of the transaction.
2. Properties held benami are liable for confiscation by the Government.
3. The Act provides for three authorities for investigations but does not provide for any
appellate mechanism.
Answer Codes: (a) 1only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only
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Income Offer? 45% of the undisclosed income shall be taken away by govt as
Declaration (tax 30%+ surcharge 7.5% + penalty 7.5%).
Scheme (IDS) Validity? 2016 June to Sept. ~67,000 cr black money was declared.
Pradhan Mantri - ~50% of the undisclosed income shall be taken away by Govt. as
Garib Kalyan Tax + Penalty + Pradhan Mantri Garib Kalyan Cess.
Yojana (PMGKY) - Further, 25% of the undisclosed income shall be deposited in RBI’s
Launched after
‘Pradhan Mantri Garib Kalyan Deposit Scheme, 2016’. It’ll be a
Demonetization
Validity? fixed deposit for 4 years @ ZERO % Interest rate.
2016-Dec: - The PM Garib Kalyan cess, and deposit will be used for schemes
To 2017-April related to irrigation,housing,toilets,infrastructure, edu, health etc.
- The scheme was not so successful, hardly ~ ₹ 5000 cr. declared.
🍋🛒👺🙌 Sabka - > ₹ 3.75 lakh crore tax revenue is locked in the service tax and
Vishwas L.D.S excise duty related cases.
Scheme 2019 - (Full) Budget-2019: Launched Sabka Vishwas (Legacy Dispute
In budget-2019 Resolution) Scheme, 2019 (नििाद समाधान योर्ना).
For - Businessman accepts his fault, Tax officials gives a
Service Tax ‘discount/relief/waiver’ in the penalty/late-fees, and the matter
& Excise Duty is settled instead of litigating in courts for years & years.
Presently, >₹9 lakh cr worth direct tax cases are pending before Appellate Forums (अपीिीय
मंचों के समक्ष िंनबत मामिे) viz. IT Commissioner (Appeals) → Income Tax Appellate Tribunals
(ITAT: आयकि अपीिीय न्यायानधकिण ) → HC → SC. So, in 💼Budget-2020 announced “Direct
Tax Vivad se Vishwas Bill/Act, 2020”.
Scope: Appeal related to Income tax or Corporation Tax, pending before a forum as of
31/Jan/2020. Then,
Taxpayers can settle with IT dept in following manner
o A) If IT dept filled appeal → he has to pay 50% of disputed tax amt
o B) If Taxpayer filled appeal → he has to pay 100% of the disputed tax amt
In both situations, he'll get a complete waiver/relief from interest and penalty (ब्यार्
औि र्ुमाशना मे से माफी). Scheme has certain variations if tax amount is settled but
interest/penalty/arrear is disputed. But chasing that info: poor cost:benefit for MCQs.
Above scheme is valid upto 31/March/2020. Afterwards, there is modified formula upto
30/Jun/2020 wherein he may have to pay some small extra amount.
This scheme is not applicable if:
o person is under prosecution for criminal activities
o If black money is hidden in foreign countries.
Controversies? 1) Southern India’s Members of Parliament angry that Hindi scheme name
is used. 2) both honest and dishonest tax payers are treated equally. Even dishonest tax
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payer can now settle without paying interest/penalty. 3) Income Tax officials’ job-transfer
etc will be linked to how many cases they solve in this scheme. They’re also asked to work
on weekends to fulfill these targets. = resentment among staff (आयकि कमशचािीओमे आक्रोि).
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➢ e.g. India Mauritius DTAA (1982): If a Mauritius person / company buy shares in India
and sells them at profit, then he need not pay Capital Gains Tax (CGT) in India. Only
the Mauritius government can ask CGT from him. And vice-versa.
➢ Loophole? India has ~10-20% CGT whereas Mauritius has ~0-3% CGT (depending on
nature of asset, how long the buyer kept asset before selling etc). So many Indian
Politicians, Businessmen and Bollywood actors would transfer the money using Hawala
to their shell companies in Mauritius, and then make those Mauritius shell companies
to invest back in Indian assets & avoid paying Indian CGT. This process is called Round
Tripping (राउां ड-ट्रिवपांग) i.e. money that leaves the country through various channels and
makes its way back into the country as foreign investment.
➢ Similar loophole in India Singapore DTAA.
➢ 2016: Modi government amended the treaties = even Mauritius and Singapore
investments in India will be subjected to Indian taxes**.
✓ bonafide Indian workers in other countries are not targeted. (प्रामानणक रूप से िीदेि
गए भाितीय मर्दूिों को पिेिान ही किेंगे )
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✓ Only the Indian citizens who deliberately shift residence to avoid taxes in India,
will be targeted. (के िि ऐसे भाितीय नागरिक र्ो र्ानबूझकि भाित में किों से बचने के निए ननिास
स्थान बदिते हैं, उन्हें िनक्षत ककया र्ाएगा।) ✋👨🎓How exactly?= NOT-HERE-for-CA-Exam
➢ Multinational Corporation (MNC) “M” opens fast food outlets in India & makes ₹ 50
crores profit. By default, it should be subjected to 40% Corporation tax in India.
➢ But then MNC shows its Indian outlets had taken loan / raw material / patented
technology from MNC’s shell firm in Bahamas (where Corporation tax is 0-2%). So, after
deducting these operating costs, it has zero profit, so in India, it will pay only 18.5%
Minimum Alternative Tax (MAT), instead of 40% Corporation tax.
➢ Thus, when MNCs shift profit from its source country to a tax-haven to avoid / reduce
paying taxes, its known as “BEPS”. (बहुिाष्ट्रीय ननगम द्वािा मुनाफे को स्थानांतरित किना)
➢ 2019-July: India ratified the OECD’s joint Multilateral Convention to Implement Tax
Treaty Related Measures to Prevent Base Erosion and Profit Shifting (commonly
referred to as MLI) ओईसीडी के बहुपक्षीय समझौते पि हस्ताक्षि ककए हैं
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➢ 2001: Transfer pricing related provisions added in the Income Tax Act. But they were
quite strict leading to ‘tax terrorism’ by IT officials who’d slap notices on every
transaction, resulting into ‘No ease’ of doing business for MNCs.
Angel investors are the rich people who occasionally invest equity-capital in start-up
companies out of hobby / timepass / profit motive. (Whereas Venture Capital
Companies do the same thing but on regular & serious basis)
Startup Entrepreneur Sunder Yadav registers a phony “Sunder Construction” as an
(unlisted) Public Limited Company with ₹ 10 Face Value Shares, & sells them to Angel
Investor Sadhu Yadav @a premium price of ₹ 1,000 per share.
But, even construction sector’s (listed) public limited companies like DLF’s shares are
selling around for ₹ 230.
Thus, Sundar-startup’s shares are above ‘fair market price (fair market price’)’. So,
this is not a genuine “Angel investment” but rather a facade for laundering Sadhu
Yadav’s money from construction, corruption or extortion business.
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So, UPA/Congress’s Budget-2012 required Sunder Construction (the Startup Company)
to pay 30% Tax + Penalty on the investment they received from Angel investor Sadhu
Yadav. This is dubbed as ‘Angel Tax’.
Norms were further tightened by Modi-regime, but then controversy that Angel Tax
will discourage the growth of startup companies so norms relaxed- ‘Angel Tax will not
apply if Startup’s turnover is less than ₹ “x” crores or if startup was registered for
upto “y” years & other technical ball by ball commentary that is NOTIMP4UPSC.’
(Full) Budget-2019: IF Start-ups and their investors provide the required declarations
and information, then IT dept will settle the matter.
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1) Income tax payers’ time and energy saved. He’ll not have to consult Chartered
Accountant for every small matter on how to fill form.
2) Accuracy of reporting income and paying taxes
Whenever Tax official sends letters to taxpayers regarding search authorisation, summons,
arrest memo, inspection notices etc. All such documents will have computer generated
‘Document Identification Number’ (DIN).
✓ 2019-Oct: Central Board of Direct Taxes (CBDT) implemented this.
✓ 2019-Nov: Central Board of Indirect Taxes and Custom (CBIC) implemented this.
DIN system benefits?
✓ It’ll create a digital directory of communication between tax authorities and
taxpayers. Transparency, accountability, efficient and faster clearance of cases,
because all the information available at the click of a mouse.
✓ If a document doesn’t have DIN number, it’ll be treated invalid. Thus, DIN system will
prevent the corrupt tax officials from sending fake notices to harass/blackmail
taxpayers for bribes.
Sidenote: Director Identification Number (DIN): Director of every company is required to
obtain this number from the Ministry of Corporate Affairs under the provisions of
Companies Act. It helps monitoring the company act provisions related to “1 person can’t
be director in more than ‘x’ number of companies” etc.
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A citizens’ charter (नागरिक अनधकािपत्र) is a document of commitments made by a
government agency to the citizens in respect of the services being provided to them.
e.g Dept of Post's citizen charter reads, "we'll deliver speed post anywhere in India by
4-5 days →ELSE complain online to this website & we'll solve it → if not solved in 90
days then complain to Postmaster General → then to Chief Postmaster General.”
1991: citizen charter system first started in UK by PM John Major
1997: introduced in Indian union ministries/departments.
💼Budget-2020: CBDT will declare a Taxpayers’ Charter. So, Tax payer will easily
know what services / complaint redressal mechanisms (निकायत ननिािणतंत्र) are available
to him= ⬇taxpayer’s harassment (किदाता का उत्पीडन)
24.6.1 🍋🌐🤝 Tax Information Exchange Agreement (TIEA: कर सूचना विननमय समझौता)
➢ India has signed such agreements with multiple countries. It enables mutual sharing of
information to detect tax avoidance and tax evasion. Example,
➢ 2019-May: India has notified a tax information exchange agreement (TIEA) with the
Marshall Islands.
➢ On Indian side, CBDT is the the nodal agency for such agreements.
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longer be treated as legal tenders. Then FinMin → Department of Economic Affairs
makes official gazette notification.
➢ 1946: ₹ 500 Notes demonetized; 1978: ₹ 1000, ₹ 5000, ₹10000 Notes demonetized.
➢ 2016-Nov-8th: Public was ordered to deposit the (old) Mahatma Gandhi series
currency notes ₹ 500 and ₹ 1,000 (henceforth called “Specified Bank Notes: SBN”) into
Banks and post-offices latest by 30th December 2016. And all the banks and post
offices where ordered to deposit such SBN into RBI.
➢ Specified Bank Notes (Cessation of Liabilities) Ordinance:
- From 31st December 2016, RBI Governor not required to honour “I promise to
pay…” or exchange the SBN. Except for NRIs: deadline little bit relaxed, with
certain caveats.
- Public prohibited from keeping SBN, except for research or numismatics or
museum- and that too in limited amount. This ordinance became Act in 2017.
➢ India is not the only country in the world to do demonetisation. Sweden ( 2013),
European Union ( 2016) and even Pakistan (2015) has done it for their currency notes.
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5. SBN deposited in banks and then shown as income from sale of (fictitious) grain stock
etc. So, IT-dept can’t demand tax on it (and most state governments not levy tax on
agricultural income due to populism/vote bank politics).
6. SBN deposited in shell companies & shown as income from (fictitious) sale and
invoices.
7. SBN donationed to trust, temples & political parties with backdated receipts (and
those entities are exempted from Income Tax on their income.)…. And so on
24.7.3 💸99.30% SBN returned, but Demonetization not failed experiment because:
✓ Those who could not return their SBN, have lost their black money (₹ 10,720 crore)
✓ Those who used poor people are money mules- must have paid some commission to
them. So even if government did not get tax from black money, atleast poor people
benefited. Thus, indirectly demonetization helped in redistribution of wealth.
✓ Further, during Operation Clean money, IT-dept issued notices to the suspicious bank
accounts where large amount of money was deposited. Such shell firms & their benami
properties are being seized.
✓ With Project Insight & Op. Clean Money: IT dept fetched ₹ 1.30 lakh crore in taxes and
penalty, attached ₹ 7000 crore worth Benami properties, ₹ 1600 crore worth foreign
assets & de-registered ~3.40 lakh shell firms. (says the Int-Budget-2019).
✓ The number of PAN card registration, IT returns, registrations under excise / VAT /
GST have greatly increased in the aftermath of demonetisation which proves that
crooked people have learned lesson. More than 1 cr. new IT assesses added in 2017.
✓ Tax collection has increased from ~₹ 6 lakh crores (2013) to ~₹ 12 lakh crores (2018).
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hospitals → Then they also feel ‘moral right’ to evade / avoid taxes, because they
are no longer using public services. Result? hardly 4% of Indian voters are taxpayers
(23% is desirable, as per our level of development against BRICS nations.)
- Govt gets less taxes → poor fiscal capacity → poor services → vicious cycle continues
and results in decline of govt’s accountability towards citizens.
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❖ Plato said, “What is honored in a country, is cultivated there.” Indians join military
because 1) salary 2) because serving in the armed forces is considered ‘honorable’.
❖ So, we should use the principles of Behavioral Economics (व्यािहारिक अथशिास्त्र) enhance
tax compliance (कि अनुपािन). We’ve to modify the social norm from “evading taxes is
acceptable” to “paying taxes honestly is honorable.”
❖ Tax Morale (कि संबंधी नैनतक मनोबि): it is the intrinsic motivation (आंतरिक प्रेिणा) of
taxpayers to pay taxes. When tax morale is down → motivation for tax evasion
increases.
Table 3: Tax Morale is affected by two types of fairness
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✓ Ease in Paying Taxes: Pre-populated Income Tax forms with easy to understand terms.
Even if a person’s tax liability is ZERO, he should be required to fill Income Tax form.
✓ Automated TDS as and where possible and timely release of Tax refunds.
Tax buoyancy - If GDP grew by x%, then how much % Income tax collection will grow?
- E.g. if income tax collection growth rate is 11% when GDP growth
(कर उत््लािकता):
rate is 10%, then Income Tax’s tax buoyancy is 1.1
Tax elasticity If first income tax slab increased from say 5% to 15%, then in absolute
(कर लर्चलाता): terms how much more IT-revenue will be generated?
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24.9.2 🍋 Revenue Shortfall (राजस्ि में कमी)
Type Amount in ₹ crore बर्ट अनुमान संिोनधत अनुमान
Budget Estimates Revised Estimates
2019-2020 2019-2020
Direct Tax Corporation Tax 766000 610500
Direct Tax Income Tax 556200 547000
Direct Tax Securities Transaction Tax 12800 12500
Indirect Tax GST 663343 612327
Indirect Tax Excise Duty 300000 248000
Indirect Tax Customs Duty 155904 125000
Total Gross Tax Revenue → 24.5 lakh cr 21.5 lakh cr
Hoping this much But towards reality
- Budget 2019 is presented for the next financial year starting from 1st April 2019 to
31st March 2020. So, FinMin could have only made projections /estimations about how
much taxes will be collected during 1/4/19 to 31/3/20.
- But throughout the year, based on the advance tax-collection figures & monthly GST
collection figures, FinMin will have to re-adjust the estimates.
- 1/2/2020: Budget 2020 is presented for next FY-2020-21. Along with that, Govt will
present revised estimates for previous Financial Year (2019-20).
- From the table we can see Gross Tax collection is less than expected (24.5 MINUS 21.5)
= ~3 lakh crore is ‘Revenue Shortfall’, mainly because GST & Corporation Tax
collection are much less than expected due to slowdown in economy.
है। इस खतिे को वनयंवित किने के वलए क्या कदम उठाए जाने की आिश्यकता है?
2. Despite being a trillion dollar economy, India's tax to GDP is quite low. Suggest ways to remedy this
contrast. ररनियन डॉिि की अथशव्यिस्था होने के बािर्ूद, भाित का कि:र्ीडीपी अनुपात काफी कम। इस निषमता को हि किने के
उपाय सुझाए.
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24.10 📥🚆📮 BUDGET → REVENUE PART → RECEIPTS → NON-TAX RECEIPTS
Total Revenue Receipts (Tax + Non Tax Receipts) कुल राजस्ि प्राश्प्तयां ~20 lakh cr⬆
⚠️ Revenue Deficit = Revenue Receipt MINUS Expenditure ~6 lakh cr⬆
Projected (nominal) GDP for 2020-21 is ₹ 225 lakh crores. So Revenue 2.7 %⬆
Deficit as a percentage of GDP = (6 divided by 225) x 100=
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Tax is a compulsory contribution imposed by A subsidy is a benefit given to an individual
State. or firm by the government to reduce some
Refusal to pay the tax is punishable. type of burden. A person may refuse to
accept the subsidy, he will not be punished.
Tax doesn’t promise specific and direct A specific benefit is promised e.g. 6000 to
goods/services to the taxpayer. (Mukesh farmers, idli@₹ 1 rupee in Amma Canteen
Ambani’s car will still suffer from potholes) (Tamilnadu).
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25.1.3 📘📘 Past Economic Surveys on subsidy delivery
📘📘 Economic survey 2014-15:
✓ We should use Jandhan Aadhar Mobile (JAM) trinity to reduce the subsidy leakage.
📘📘 Economic survey 2015-16:
✓ Direct benefit transfer (DBT: प्रत्यक्ष िाभ हस्तांतिण) can’t be a panacea in every case,
because males of the house may waste DBT-money on liquor & tobacco. So, in
some cases, Biometrically Authenticated Physical Uptake (BAPU) mechanism will
be better i.e. beneficiary goes to a grain / fertilizer shop and uses his Aadhaar &
fingerprint to purchase subsidized goods. (बॉयोमीररक रूप से प्रमानणत किके िाभाथी को
िस्तु देना)
📘📘 Economic survey 2016-17:
➢ The present subsidy delivery mechanism suffers from two errors:
○ Inclusion Error (समािेि त्रुरट): Non-poor (=affluent people) are receiving ~40%
of subsidies.
○ Exclusion Error (बनहष्किण त्रुरट): real poor are not getting subsidies due to
corruption (भ्रष्टाचाि).
✓ So better to abolish all type of subsidies and directly deposit a specific sum of
money into beneficiary’s bank account to help him buy goods/services from open
market = Universal Basic Income (सािशनत्रक बुननयादी आय) (UBI): More in Pillar#6.
(Batch:PCB1) Mrunal’s Economy Pillar#2: Budget → Revenue → 15th FC, Black Money, Subsidies→ Page 277
25.2 📤⏰🥳 REVENUE XPDR → SALARIES→ 7TH PAY COMMISSION (िेतन आयोग)
Setup by Finmin → Department of Expenditure. 1st: Srinivasa Varadachariar (1946). 7th:
(Retd) Justice AK Mathur (2014). Its recommendations became effective from 1/1/2016.
Major highlights were:
✓ New system of “Pay Matrix” instead of previous system of pay band and grade pay.
✓ Regulatory bodies salaries increased: Chairman ₹ 4.50 lakh / month, members ₹ 4l.
✓ Minimum pay in Central service increased to ₹ 18k / per month (Group-D).
✓ Maximum pay: ₹ 2.25 lakh per month for Apex scale (e.g. Secretary of a Dept.), and ₹
2.50l (for Cabinet Secretary)
✓ It adopted Dr. Aykroyd formula to computing wages at periodic interval (formula
tracks the changes prices of the commodities used by a common man). So, critiques
believe there will not be an 8th Pay Commission because salaries will be updated
automatically at regular interval, using this formula.
✓ It abolished various type of ‘interest free allowances’ e.g. Purchase of bicycle etc.
✓ It continued ‘interest-bearing advances’ for purchase of computer, house building
(upto ₹ 25 lakhs). [= employee can borrow money from department but he will have to
return it with interest.]
✓ Various reforms for defence and CAPF services.
✓ Made stronger rules in Modified Assured Career Progression (MACP) system so lazy
officials don’t get promoted.
25.4 (📥<📤)⏰⚠️ EFFECTIVE REVENUE DEFICIT (प्रभािी राजस्ि घाटा: 1.8% OF GDP)
- We’ve counted Grant-in-Aid to States / Local Bodies as ‘Revenue Expenditure’, but
some portion of that ₹₹ may have been spent by the States / Local Bodies for building
Panchayat-Bhavans, Disaster Management Training Institutes, Cranes & Bulldozers for
Disaster rescue operations etc. which are actually “Capital Assets”.
- Therefore, Budget 2011 (Chidambaram) introduced a new concept:
- Effective Revenue Deficit = Revenue Deficit (~6 lakh cr) MINUS Grants to various
bodies which were spent for creation of Capital Assets (2 lakh cr)
- ERD= ~4 lakh crores (1.8% of GDP) for 2020⬆. (⬆means increased than last year)
(Batch:PCB1) Mrunal’s Economy Pillar#2: Budget → Revenue → 15th FC, Black Money, Subsidies→ Page 279