Indian Tax System
Indian Tax System
Indian Tax System
Accordingly,it Loe
M percent of GDPin
reduced theto extent of fiscal
1990-91 6.1 per cent in dcficit 799
z stabilisation
necessitates containing the fiscal 2008-09. Although the mte of is qute heavy but coverage of such
per of GDP
cent deficit at taxes is not very widetaxen in the
With lo make countiy-
Reduction in Public
Debt. the
been trying to reduce theRecently, the Central structure purpose necessary evaluationof of Endian
L it would tar
of be better to cconsider features
the,
Atinely external
debt as burden of
per ccnt of public debt. the country in the
the structure
tax
aly
s
maintaining
tyoes of being levied in the
country which
taxesDetween direct and indirect taxes. In countries.
are terms of
system, the
Moreover, misinterpretation
also resulted in
of tax laws by the tax
widespreadl corruption in the tax authorities,
departments.
nuctculraes ifIndia
ied is cconsidered as one taxed has
of highly
800
ndianPUblicFinance
Such
personal assets
applicable to all sccurities. The
Tax Measures
and Reforms 1991-92 to Which Was earlicr shares and other scd t o 5
deposits, tax was rai
17.8.4.1995-96 as bank levy of wealth
threshold hmit for
the taN System as a whole has been one of the key
were 5I.75
Retormin the structural reforms initiated since July 1991. These
lakh.
income tax, which cent
corporate and 575 per
ekeentshave
o encompassed both direct and indirect taxes and 5 The rates of widely held company unified and
retorms towards a tax structure which is simple, relies on per cent for a company have been inclusive of
widerer base and better enforcement and for closely held these rafes are
rates with a per cent, All only in
m r a t etax
of equity and I efficiency. Substantial progress reduced d to 46 Surcharge Is leviable
thee
objectives
a 15 per
cent surcharge. above
?75.000
e
Ashenachieved this regard in the past five years. companies having income corporate
years, a number
of structural changes case of per cent surcharge the rate of as the
past five Without the 15 the same
Over the indirect taxes were undertaken, Unlike 40 per cent which is Long-tern
and tax would be taxation.
Neringboth direct system these changes rate of persoal
elated attempts to modity the tax
carlieriso of a medium term programnme tax reform. They maximum marginal domestic companies was reduced
capital gains tax on
seRepart a
move towards tax structure which is not only cent.
geared to from 40 to 30 per was reduced
seC also provides the incentives and sienals companies (branches)
andd moderate but conpetitive and Tax rate on foreign There is no surcharge
internationally
cent to 55 per cent,
simple 6.
stent with developing an from 65 per
The budget for 1995-96 continued the companies.
namic cconomy. lower rates and greater buoyancy. on the foreign in
infrastructure
d
on simplification, tax holiday for investments
eaphasis
Five year aiports, ports and mass
1991 have helped in correcting
Oserall tax reforms since July revenue
7. bridges,
facilities (highways, distribution
source. Direct taxation power generation and software
mhalance in the structures of ).
rap1d transport and electronics hardware and
equitable and efficient form of raising revenue. Prior backward states
most direct taxation did not
is thee the realm of parks were allowed.
neforms high tax rates in
noteworthy that the share of direct
ld high collcctions. It is to an estimated Indirect Taxes
2.1 per cent in 1990-9l B. Reforms in reforms were made in
respect of
rs in GDP rose from taxes in the Following
Again the share of direct Custom Duties.
*0 ner cent in 1995-96. per cent in 1991-92 and 1995-96 :
Centre rose from about 19 dimension custon duties during
in India and in
ss tax revenue of the Other were inordinately highprior to reform. A
per cent in 1995-96. duties
1990-91 to an estimated 29 customs revenue in GDP and their 1. Import
300 per cent
s the drop in the share
of healthy several cases more than of customs duy and
was
the gross tax revenue for Centre. This is a phased reduction in the peak rate since
contribution to efficiency. budgets
of the five
of equity and undertaken in each
trend from the point of view introduced in India custom duty was reduced
tax Reforms accordingly the peak rate of per
Following are some of the 85 per cent in 1993. 65
to 110 per cent in 1992,cent in 1995 with exception of
irom 1991-92 to 1995-96. cent in 1994 and S0 per beverages, dried grapes.
A. Reforms of Direct
Taxes passenger baggages, alcoholicbearings.
of income tax almonds and ball and roller
exemption limit for the levy
1. The initial 22.000 in 199| to 50,000 in 1998.
The import duty on capital goods for general projects
was raised from also reduced was 85 per cent prior to
reforms
for income tax were and machinery which
The number of slabs of personal unified for nearly 80 per cent of
maximum marginal rate inclusive was brought down and
Reduction in customs
from 4 to 3. The from 56 per cent, of
machinery, at 25 per cent in 1995
Income tax was reduced machinery to 20 per
duty on power projects and related
surcharge. to 30 per cent. to nil. This was
presumptive tax (lumnp-sum)
for small cent and for fertilizer projects ferrous and non
k. The system of operators was accompanied by lowering of duties on
and small road transport 1995.
Iraders, retailers ferrous metals to 35/40 per cent in
introduced. been brought down to
to widen the 3. The number of duty rates have
provisions were introduced present.
A number of taxation for small 12 (including nil rate) at
included presumptive
tax base. These scheme for persons engagcd Excise taxes. Following reforms were made in respect of
business, estimated income plying, leasing or and1995-96
civil construction, excise taxes during 1991-92
n the business of deduction at source introduced on excise duties
1. Switch over from a system where
ng of trucks, tax deposits income in respect
of
were specific and numerous and varying in nature with
erest income on term professional fces and host of a large number of cxempions to one largely based on
units of mutual funds. ad valorem basis with lower duty rates and exemp
contracts. form of
savings in the tax, tions.
strengthened. The wealth
*. The incentive structure To
financial asset has been
802
Indian E
Ambit of MODVAT (ax credit for taxes paid on inputs) countrics and became a key source of
revenue to the
The spread of VAT throughout the worlddis
was extended to capital goods, specified quality control.
testing. pollution control and R&D cquipment, POL and
broadly ba.
fact that it has been able to raise morc revenue than
operation in 21 states and UTs from Ist finally commenced its lowest ever tax rate: 30 per cent for
deadline fixed by the meeting of
Committee was also trying to convince
Annl, 2005 as per the
Empowered Committee. The The
forcorporate and irms,
sale of
individuals and 35
to implement VAT within the remaining seven states 1997
and the scheme commencement of the scheme .
Consensus,
their state at its earliest by
evolving a 1997, Of the total was scheduled to close on 3la h.
scheme. a substantialresources
which can
Empowered Committee as a Permanent Body slate
part. i.e., 71.5 per cent securedwill acaui
rde
The Empowered governments for intrastructural development m
VAT will continue to Committee
of State Finance sectors. The share, which
Ministers
monitor and co-ordinate with states afer on becomes available to the c
the formal introduction of VAT Govemment will go entirely towards
from Ist April, 2005. services programme and infrastructure financing the basic m
the Empowered
Committee has been Accordingly. needs.
state finance
ministers as members. registered as a society with Although the scheme was
However, after the introduction of Goods, and but within the stipulated period, criticised from various -
the scheme ended conyih
(GST) on July 1, 2017. throughout the Services Tax with a high degree of
(VAT) system has been subsumed in country. Value Added Tax able to net 10,050 croreresounding as additional
success. The VDIS, 197
Thus at this juncture there
GST system. income of about 33,000 crore, revenue, on an undis
far exceeding the goven
VAT. Rather, VAT should be cannot any choice other than expectations. Total number of
be
introduced in a meaningful manner about 4,66,03 1. Thus about 4.66 lakh under the scheme declarants
throughout the country. Thus the
on its modalities. country should attain a consensus the amnesty scheme declarants bad avile
chunk the black money. Thus
of
which had helped in apping a subsge
17.8.7. Voluntary
Disclosure of Income unearth about 33,000 crore of VDIS 97 has been e
1997 (VDIS) Scheme, monthly amensty scheme, which could garmer under e black money
The Government the total about one-h
different times to introduced
unearth black
Voluntary Disclosure Schemes at unaccounted money in the country.
introduced in 1951. Again the money. This scheme was first 77.5 Although per
the UF Government had
propOsed carlier l0
and then again introduced as scheme was introduced in 1965 the cent of the revenue collected upto
Direct Tax Enquiry per the
recommendations of the VDIS '97 to the State December 19
Committee. Governments
estimated to around 4.379 crore) but the (which w5 t
Again as per the suggestions made by BJP led
Development Council the National
in its Interim Budget,
be 1997-98 proposed to double theGoveiam
think of a scheme to(NDC) meeting that the Government should devolved the states from the VDIS
to
harness "black As against the collections.
purposes, the Budget for the year 1997-98money" for aproductive 1997-98 proposed devolution ofR 4,379 e
Disclosure Scheme. The scheme was a simple introduced Voluntary BIP by the UE Govermment the new Governme
irrespective of had
where per cent gone
or the nature or the source ofscheme
a step lo states
amount disel the funds the further, proposing
of VDIS collections for the full to devolve
year. Instesdof
either as cash securities or
held in India or abroad assets, whether December 1997,
rate of tax. Interest andwould be charged at the revised highest Thus, although amounting to 7.594 crore. unearth t
would be granted from penalty would be waived. money has been VDIS '97 as a scheme to
tax and the Foreign any action under the Income tax,Immunity criticised
Wealth scheme ended with a resoundingsSuccessas
unethical l and unproductive. h
Exchange Regulation Act. of black to unearth
As per this scheme if any money and
.
these undermentioned person who fulfills any two of revenue to be sharedalso to collect a good amount of
to atelephone indicators viz., (a) if a person
subscribes Governments.
by both the Central as well as
exc connection: (b) Occupies an inmovable
CACeeang a specined loor area by
(c) Owns or has a leasedd ownership: tenancy or 1.8.8.
property Forces
motor
travelled abroad or financed the foreign vehicle: and (d) has Direct Recommendations
s of the Task
and Indirect Taxes- Report of
Ke
during the last one year, and have travel of any person Panel
never declared his taxable Although economic reforms were initiated since 199/
process of tax Th
reforms in the country was quite slow
805
standard rate between 12 and 18 per cent with luxury enhances corruption. GST regime
goods as cxception. 5. Abolishing entry tax and octroi. As the borders.
i sin
21. will abolish entry tax and Octroi at the inter-state
Arain, the GST council in its 28th meeting held on July the major point of corruption, thus much of the
the threshold exemption limit for the considered as disappear.
IS. recommended that corupt practices followed at the inter-state border will
th Eastern states including Assam be increased to R 20 lakh eficiency into the entire
im 10 lakh fixed
earlier. This will also enhance the operational
dismantle the network of check
system. Moreover, GST will
Thereafler. the GST coDAcil in its meeting held on January, points and thus enable seamless movement of goods across state
MSMEs and sm:
2019, provided major relief to small business
lakh to border and thus improve supply chain efficiency. As thebetween
trucks
ad thereby doubled the exemption threshold from 20 to travel
for in India normally spend 60 per cent of the time
140 lakh. It also raised the limit of higher turnover locap 1.5 citiess idling g at multiple check points. In India, truck drivers on
Kailing composition scheme of paying I per centApril tax day as compared to
L.0 crore set earlier with effect from 1, 2019, an average run around 250 to 280 km per
oe from world average of 400 km per day and 700 km per day in USA.
Benefits of the GST This faulty system enhanced the tranction costs to a considerable
Goods and Services Tax (GST), which was rolled out in Ist
extent on the businesses. Thus abolishing entry tax, octroi and
definitelv
Uy, 2017, is a modern, up-to-date and efficient tax System. If check points with the implementation of GST will a whole
benefit he trade and industry as well as the economy as
plemented properly, the country will get immensely benefitted
to aa considerable extent.
nis. In order to realise the benefits from GST, the
6, Creating a common market. GST will eliminate most
owernment has to implement it with proper care so that it of the physical restrictions and also all taxes on inter-state trade.
nes assessee friendly, taxation friendly and has to adopt
imple procedure It will necessarily make India a common market. This is mainly
iure for its implementation. will
Spite of initial teething problems. the implementation of due to the fact that the GS l regime after its implementation
Can be hailed as a giant leap towards an integrated and subsume all the central and state axes and duties of the country.
tasparent mechanismn in order to abolish the separate centre- helP Thus GST will help in removing economic distortions and thereby
R t t lax structure and also to dismantle the prevailing n developing common national market. GST will also neduoe
etm-state inter- Slate fiscal bariers so as to create a unifying the cascading affect of taxation.
Wards, high mark ket for the entire country as well as to pave the way create7. aTax eredit. Tax credit under GST at each storage will
growth path.
Athough the tax machinery are a bit confused about the
system of better invoicing and self-policing. Moreover
GST will result increased compliance, simplified tax
regime and
alities and to implementation of GST due reduced exemptions which will broaden the tax base,
S
hasty structure relatedbut with the passage of time, it is
taX revenue collections of the government and increase
benefits iofmplGST.
ementati on
tcd that things will settle gradually.. Following are some of also reduce
corruption.
8. Increase export
1. Proner
competitiveness. GST as a
based tax will reduce tax rates on exports close todestination
lemeFurntationthering
co-operative federalism. zero and
of GST will open the path for furthering co- thereby increase export compettiveneSS of the country. It wil
810
make more cffective and less leaky the domestic tax levied on The proposcd code seeks do away with Indan
imports, which will make domestic goods, more competitive. complex language presently used iin
litigation and incapability of retu cotformmpie
rn
Thus, it will help in furthering "Make in India" campaign by
accomodating
stabilitcyhange
climinating bias in favour of imports and willalsoimprove India's in for frequent amendments so that
ranking in "Ease of doing Business" the tax systemn in truest sense. i
9. Eliminate Tax bias, Implementation of GST can eliminate The Budget for 2009-10
tax bias against manufacturing and can also reduce consumer tax underscored inth
continuing the process of structural
burden. By rectifying breaks in the supply chain and allowing promised a comprehensive code to thischange Dre
caser flow of input tax eredits, GST will substantially eliminate (DP) along with a draft Direct Taxes effect. AD
CodeCodseeks
e wass put
cascading. domain on August 12, 2009. The
10. Boasting up the economy and economic growth. amend the law relating to all direct to cony
Implementation of GST will boost revenues, investment and dividend distribution tax and wealth taxes,
tax that j -
medium term economic growth so as to
will be stimulated, because scope under this system, investment economically efficient, effective and es.
of input tax credit for capital
purchases will increase. Tax base of the country will also expand
which will facilitate voluntary compliance equitablande direct
tax-GDP ratio. AIl the direct taxes
through better compliance. Moreover, embedded taxes in exports single code and have
been help in:
will be neutralized. Besides,
manner will not only boost implementation
of GST in proper
compliance procedures
eventually pave the way for a single unified
unifg brough:
up country's corporate sector by SVstem. The need for
benefitting them from wider market
but also make India a more
and wide scale of business complex structure of the Code arOse from Concem.
the Income Tax Act, numere
taxpayer
attractive destination for foreign making it
investment. Moreover, GST will have no significant impact on policy incomprehensible to the average tax paver
inflation. Thus under this positive business changes due to the
environment, proper DP states that marginal tax changing economic envitnn
implementation
of the country in a
of GST will definitely boost economic rates have been steadilw l
growth the rate structure rationalized to reflect best
smooth manner. intermatiensl
and any further
However, with the implementation of GST,
getting costlier due to higher rate of
rationalization of the tax rates mav not h
services are without corresponding increase in the tax
raise the inflation rate in the short GST on services. These may productivity of he tax system and base to enhance n
like airlines, 1T, Online business run. Various services industries improve its honizontl.
portals A threefold strategy
would like their charges due to like in the telecom services etc. for broadening the base ha
rates of tax on services. articulated in the Code. The first
Telecom services including mobile phone and
costlier with internet getting
are minimise exemptions that have element of the strateg
eroded the tax base. The
implementation
the
implementation
of GST has
of GST. Moreover, hasty
of these
exemptions would result in a higher tax-GD?o
and also disturbed business resulted distortions in the market enhance GDP growth; improve equity (both
prospects in the short run.
However vertical); reduce compliance costs; lower horizoma
these problems like temporary and discourage corruption. The administrative br
inflation,
downward business, trend faced the market distortions, second
faced by countries like Canada, initial period, as it is seeks to address the element of the
facilitates tax avoidance.problem
of ambiguity in the lan
Malaysia,
very temporary in nature. With the active New Zealand etc. are The third element of the strategy
council all these initial problems initiative of the GST to checking of erosion of
related to the tax base through tax evas
Not withstanding these GST can be solved. Some Key Features
of the most
initial lapses, GST would prove to be one
outstanding
that with proper reform measure in India. It is expected " The Discussion paper
discusses the principles ot h
distorations, GST implementation
will provide multi
and gradual correction of its based taxation of income and source-based tata
to both dimensional
producers, traders, consumers as well as to flow of benefits income in terms of international best practkes
Government. the mixes of the two, Under the Code. resident
taxation is applied to residents and source-based
17.8.10. Direct Taxes Code (DTC) residents, A resident of India will be liable to tat
On 12th August, 2009, on his world-wide income.
the However. a
Mukherjee released the Direct TaxFinance Minister Mr. Pranab be liable to tax in India only in respectnon-t
of aaru
order to bring total reform in the Code and Discussion Paper in receipts in India (including deemed accruals and r
The proposed Direct Tax existing direct laxes
and other direct tax code will replace regulations.
the 1961 Income The draft Code simplifies the dualistic cONt
laws and is expected to Tax din th
previous year" and "assessment year Useo
structure. The new code will provide for a provide a simple tax and replaces themn with the unified concep
capital gains tax, savings simple
instruments, income tax etc.structure
code is expected to have better The new
for year" and decrees Obligations
that all rights and willbe ma
of taxes and will have compliance
less scope
and better
for litigation. The collection
laxpayer and the tax administration
code (DTC) was scheduled reference to the
proposed " The DP argues for"financial
to be year
implemented from April 201.
an income tax
special treatment of capital gains
Firsty,aun
two reasons.
regime for