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Fiscal Policy
Fiscal Policy
Anomalies in India's Tax Policy: The Tax Reform Committee (TRC) pointed out the defects
and anomalies in India's tax system. In its opinion, India's tax system has grown over time to
become inefficient, inequitable, regressive, unjust, cumbersome and difficult to administer. Some
of the major defects and anomalies of India's tax system till 1991, as pointed out by the TEC are:
1. Very high tax rates. Central tax rates in India were much higher compared to the average
tax rates in comparable countries. This had harmed the economy, the society, the
taxpayers and the administration. High rates of income tax, company tax and excise
duties were solely responsible for the rampant tax evasion in the country. According to
the TRC, "High tax rates... without indexation and lack of effective enforcement are the
main factors contributing to large scale tax evasion. Lack of effective enforcement means
very little fear of being detected and punished".
2. Tax system of cascading nature. All indirect taxes are of cascading nature. Tax
cascading means taxes piling on taxes and tax on tax so that actual tax burden borne by
the society is much higher than one calculated on the basis of the tax rates. In the absence
of tax cascading, the actual tax burden on the society would be equal to the calculated tax
burden. Apart from excess tax burden than stipulated, tax cascading distorts the price
structure and, thereby, the resource allocation.
3. Administratively complex tax system. The tax system over time has become so complex
that it is extremely difficult to understand and administer. Complexity arises due to
multiplicity of tax laws, provisions and sub-provisions, sections and sub-sections with
respect to definition of tax base, exemptions and concessions. Even the tax law experts
find it difficult to interpret the laws to their own satisfaction, let alone the tax-payers. The
complexity of the tax system and tax laws gives tax administrators ample opportunity to
interpret the law in their own way with a view to harass the tax payers with the aim of
extracting a share in the concessions and making money. This, practice is ubiquitous in
all the tax departments. One is flabbergasted to come across the news, 'CBI raids the
houses of tax officials'.
4. Anomalies in individual taxes. Apart from pointing out the defects in the tax system as a
whole, the TRC pointed out the anomalies in the individual taxes. In this regard, we will
confine our discussion to three major taxes, viz., personal income tax, import duties and
excise duties. The TRC did not find much against the corporate income tax except that its
effective rate was very high at 51.75 per cent.
a. Personal income tax has 'serious anomalies and inequities'. It is anomalous
because it provides 'tax shelters' to the members of parliament, central
government ministers, a section of government officials and top executives of
private firms by leaving their perks tax-free. There is no rationale for not taxing
perks which account for a considerable proportion of their real income. It is
iniquitous because it discriminates between different categories of tax payers. For
example, the salary income of the government servants has a lower tax burden
than other categories of salary earners because the former category is provided
housing at nominal rent. Personal income tax is regressive because, according to
TRC, at 1990-91 prices, the tax payers with incomes between Rs.50, 000 and Rs.
100,000 had the highest income tax burden and those with incomes above Rs.500,
000 had the lowest tax burden.
b. Import duties had, according to the TRC, the following anomalies:
i. the average rate of import duty (125%) was much higher than
international standards,
ii. tariffs were widely dispersed and complex, and administratively
cumbersome,
iii. import tariffs had a multiple rate system—basic, auxiliary as well as
additional and
iv. Tariffs had a complicated system of concessions granted by notification
which made the system not only administratively inefficient but also
created room for arbitrary use of discretionary powers by the customs
officials.
c. Excise duty, the largest contributor to the central revenue, had the following
defects:
i. it had unimaginably complex multiple rate system for a commodity
classified under different categories,
ii. it is of cascading nature as it makes the same commodity taxable at
different stages of its production,
iii. Excise duty fell also on capital goods like machinery, tools, accessories,
office equipment, etc. and
iv. The excise concession for small and tiny sectors encouraged manipulation
of firm's size for the purpose of tax evasion.
Thanks to the foreign exchange crisis of 1990 and the IMF which provided financial help to tide
over the crisis, a Tax Reform Committee (Chelliah Committee) was appointed in 1991 to
examine the direct and indirect tax structure and to suggest measures to (i) improve the elasticity
of tax revenue, (ii) make the tax system fairer and more broad based, (iii) rationalize the direct
tax system by removing its anomalies, (iv) improve equity and sustain economic incentives, (v)
identify new areas for taxation, (vi) improve compliance of direct taxes and strengthen
enforcement, (vii) simplify and rationalize customs so as to improve international
competitiveness of Indian exports and (viii) simplify and rationalize the structure of excise duties
for better tax compliance and to widen the scope for MODVAT (a modified value added tax)
scheme.
Although the basic tax structure of the country remains intact, the Government of India made
sweeping changes in the taxation policy on the recommendations of the TRC. The core tax
reforms and those with far reaching consequences are described here tax-wise.
1. Personal income tax. The rate structure of the personal income tax has been reduced
from about six slab-rates in the 1980s to three slab-rates: 10%, 20% and 30%. The most
significant reform is cutting down the tax rate on the top income bracket from about 67%
in the late 1980s to 30%. This has solved many problems but has made the tax system
regressive. Personal income tax exemption limit is raised almost in every budget
primarily on the basis of inflation rate for different categories of income tax payers.
2. Company income tax. The company tax rate has been reduced to 40% for domestic and
45% for foreign companies. The number of concessions granted to the companies under
Sections 35CCA and 34AC have been withdrawn.
3. Excise duties MODVAT. Excise duty rates have been modified across the board. The
number of classifications of commodities under tax laws has been substantially reduced.
The procedure of excise calculation has been simplified. This makes tax compliance a
much easier task. The process to replace the excise duties with MODVAT is underway.
Most state governments have now adopted MODVAT.
4. Import duties. Import duties which appeared to be "a bewildering picture of
combinations of 'basic' and 'auxiliary' duties" have been simplified. The duty rates have
been slashed across the board so that the weighted-average effective rate comes down
from about 85% to 45% and then to 35% in 2006-07 budget.
Conclusion Taxation is an important instrument for mobilizing saving potential for capital
formation in the public sector. In a mixed economy like India, however, capital formation in the
public sector alone would not be sufficient to accelerate the growth of the economy as a whole.
The taxation policy should, therefore, be so designed that it restrains consumption, increases
savings and encourages investment in productive activities. It is, however, difficult to maintain
such a critical balance in the fiscal policy. Although tax effect on work effort is not certain, it is
generally accepted that taxation does affect the willingness and capacity to save and invest. The
negative effect, however, depends on the rate and nature of taxation. Progressive tax rates are
more of a deterrent to saving and investment than the proportional tax rates. And, direct taxation
has a greater adverse effect than indirect taxation. An attempt should, however, be made to
minimize the adverse effect of taxation with a view to promoting economic activities which is
the basic requirement of developing economies like India. As already discussed, the government
has made sweeping tax reforms in respect of both direct and indirect taxes. However, the reform
process has yet to go a long way to eliminate adverse effect of taxation on business activities.