|
Ajay
Thakur is good at number crunching. And filling out complicated income-tax
return forms. A chartered accountant, his books are always in order and
he files his income-tax return on time every year. But post budget, Thakur
is a worried man. With his gross annual receipts exceeding Rs 10 lakh,
his income tax responsibilities have suddenly increased manifold. He now
has to deduct tax at source before he hands over his rent cheque of Rs
12,000 to his landlord every month. Worse, he then has to deposit the
tax deducted at source (TDS) amount in a public-sector bank branch, quoting
his tax deduction account number (tan) and his landlord's permanent account
number (pan) on the challan. This will also apply to payments made to
his doctor, his interior designer and his carpenter if their bill exceeds
Rs 20,000.
Saral no longer means simple. And professionals like Thakur are beginning
to feel that honesty is no longer a virtue. For in a bid to stamp out
tax evasion, the Budget has made it mandatory that monetary transactions
of professionals who have an income above Rs 10 lakh and businesses with
over Rs 40 lakh turnover will be subject to TDS (see table). And in the
process added to their worries over income tax.
What began in 1996 as the one-by-four scheme has now gained momentum,
with the Income-Tax Department putting everything under the microscope.
The taxman is on the lookout everywhere-in car showrooms, in nursing homes,
in hotels and in clubs. Right from cell-phone bills to electricity bills,
credit cards to bank transactions, anything that can let out your financial
secrets is on his radar. The Budget has made it compulsory for an individual's
pan to be quoted in a whole gamut of transactions-from big dealings like
the purchase of a car to something as simple as opening a bank account
or buying a cellular phone. Even parties that run up a bill of over Rs
25,000 will require the pan of the person picking up the tab. The Budget
has also introduced stiff penalties against tax evasion. The penalty for
quoting an incorrect pan is Rs 10,000. Under-reporting of income carries
a penalty of up to three times the actual tax liability and a delay in
filing of income-tax returns may attract a fine of Rs 5,000.
|
CASTING THE NET
|
|
PAN is needed for ...
» Real-estate
deal above Rs 5 lakh
» Sale or purchase
of four wheelers
» FDs, cheques,
demand draft, mutual fund »
investment above Rs 50,000
» Buying/selling
shares worth Rs 10 lakh
» Opening of
bank account
» Getting a cellular
phone connection
» Paying hotel
bills over Rs 25,000
» Spending over
Rs 25,000 on foreign travel
TDS is applicable when ...
» Interest income
is above Rs 5,000
» Dividend income
is above Rs 1,000
» Taxable salary
is above Rs 50,000 a month
» Income from
a contest, lottery, card game, horse racing is above Rs 1,000
» Contract payment
is over Rs 20,000
» Rent paid is
above Rs 1.2 lakh a year
» Commission
from brokerage or lottery sale is over Rs 2,500
» Insurance commission
is above Rs 5,000
» Professional
fee is above Rs 20,000
|
What will probably add punch to the Income-Tax Department's drive is
the third-party surveillance that the new rules entail. Income-tax officials
will be regularly scrutinising the ledgers and databases of banks, stock
exchanges, telephone companies, electricity boards, even the regional
transport office to monitor all transactions above certain limits. Says
an income tax official: "Computerisation allows data from multiple
sources to be collected and analysed very quickly and comprehensively."
However, many feel that this drive against tax evasion and widening
the tax net will hurt honest taxpayers the most because it will increase
their tax responsibilities. "The new initiatives will mean more corruption
and harassment for honest taxpayers," says Delhi-based tax consultant
Subhash Lakhotia. Adds Sanjeev Manchanda, partner in Manchanda & Manchanda,
a Delhi-based chartered accountancy firm: "In principle, it is a
good idea but its implementation will be difficult."
That's not the only problem. Under the new rules, a simple bank transaction
above Rs 50,000 can invite an explanation call from the banker. Lakhotia
says that this provision would encourage businessmen to do cash transactions
to avoid scrutiny by the authorities. "Big investors are smart. They
know how to work their way around the system," says Lakhotia.
But the Income-Tax Department differs. "There's lot of money in
the unorganised sector which goes unaccounted for," says an official.
He is right. In a country where 70,000 luxury cars (each costing over
Rs 8 lakh) are sold every year, only about 72,000 taxpayers reported an
income above Rs 10 lakh in 2001-2. Only 23 million, or less than 3 per
cent, Indians file returns. Black money transactions have come down in
the 1990s but are still estimated at 25 per cent of the country's GDP.
The measures to boost tax collections have been backed by an organisational
overhaul at the Income-Tax Department. The restructuring, which was completed
last year, emphasises on fewer files per officer and lesser number of
officers under a commissioner for speedy settlement of disputes and better
service. This is being complemented by a Rs 130-crore countrywide computerisation
programme. The four metros and 57 other cities, which together contribute
80 per cent of the total income tax revenue collected in the country,
have been computerised. The plan is to computerise operations in almost
500 cities across the country for quicker processing of income-tax returns,
tax refunds and pan card applications.
The internal revamp is being matched with an external image makeover.
A comprehensive website, incometaxindia.gov.nic, will be operational by
May end replete with all income-tax rules and regulations, forms that
can be downloaded and a tax calculator. All this will be buttressed by
a Rs 6-8 crore media campaign to educate and inform people about their
tax responsibilities.
While the effort is laudable, its implementation looks doubtful. Even
though it has made pan mandatory for most monetary transactions, the Government
is still struggling to allot 19 lakh pans to waitlisted applicants. Also,
there will now be a deluge of tan applications because of the new TDS
provision. Besides, though TDS has been made compulsory, it normally takes
the government over two years to refund excess income tax collected from
citizens. And while the Government drags its feet on disputes, claims
worth thousands of crores of rupees remain unsettled.
Clearly, the Government has got its focus all mixed up. It should have
tried to boost tax collections by bringing in non-taxpayers into the tax
net. Instead, it has ended up putting an additional burden on those who
already do. Also, the Government must gear up the official machinery before
taking steps like making it mandatory to quote pan for everyday transactions.
There is no doubt that in the long run such measures will help diminish
the parallel black money economy. But if you have a backlog of 19 lakh
pan applications-to which will be added the tan applications-income-tax
compliance becomes a cruel joke, with tax evaders having the last laugh
at the expense of honest taxpayers.
|