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Taxation in India
Taxation in India
The Formal Taxation system had come into existence in India during the Mauryan
Dynasty where it was levied to the tune of one-sixth of the produce.
Thereafter, the Jizya system, prominent in India, was brought by the Mughal
Dynasty.
The evolution of the modern taxation system in India can be traced back to the
Colonial period.
when Britishers introduced a taxation system with an aim to compensate for the
losses suffered by them during the revolt of 1857.
Further, the Income tax act was passed in However, it was short-lived as it was
1866 and the taxation in India has since replaced by the Income tax Act, 1922
been evolving with multiple revisions. which remained in operation till 1961.
1866 1922
1918 1961
Post World War I, the Income Tax Act was It was in 1961, that the modern Taxation
passed in 1918 to compensatefor the system was introduced in India based on
effects of the war. the recommendation of Law Commission
& Direct Taxes Enquiry Committee.
TAXATION
List – I -It provides for areas on which only parliament is competent to make
laws
List – II -It provides for areas on which only parliament is competent to make
laws
List – III -the areas on which both the Parliament and the State Legislature can
make laws upon concurrently
EVOLUTION OF TAX IN INDEPENDENT INDIA
Unlike cess, surcharge is not levied for specific purpose but it is levied on
specific peoplee.; mainly higher income groups.
But earlier, google/facebook did not pay tax on that profit, claiming their business activity (of
displaying digital-ads) is done outside India on global servers.
Officially called “Equalisation Levy” (EQL), unofficially nicknamed “Google Tax” / “Digital
Service Tax (DST).
It’s not part of “Income Tax” or “Corporation Tax” under the Income Tax Act 1961, but a
separately imposed by the Finance Bill/Act 2016.
Foreign Company can’t escape it saying we’re protected under Double Taxation Avoidance
💼💼Budget2016 : 6% Equalisation Levy on foreign digital advertisement companies
e.g. Google’s adsense, facebook digital ads
The government lowered the MAT tax rate from 18.5 per cent to 15 per cent in
September 2019.
In reality, company (source) will cut that much income portion from shareholders’
dividend, and directly deposit that particular amount to the govt, as DDT.
Budget-2020: abolished DDT. But, dividend will be taxable in the hands of shareholder
(i.e. he’ll pay income tax on it).
Buyback Tax
Profit making companies sometimes repurchase their own shares back from shareholders.
Impact - These many shares are eliminated from company’s liability side.
Budget-2013: Government ordered UNLISTED companies to pay “20% Buyback tax” they buy
back their own shares from the market.
It is levied on a Hindu Undivided Family or an individual's net taxable income during a fiscal year that begins on April
1 and ends on March 31 of the following year.
The government of India has set certain slab rates, i.e., higher and lower slab rates, for the convenience of its citizens.
The government announced a new regime of income tax which is optional in Union Budget 2020-2021.
Nobel recipient American economist James Tobin proposed
(1970s) a small tax every time currency is converted into
another currency (e.g. from Dollar to Rupee and vice versa).
(Robinhood Tobin tax helps stabilizing the global economy and currency
New financial year starts from 1st April 2019 and ends on 31st
March 2020.
Reduction in Inequality:Due to their progressive nature, the direct taxes help in reduction of the
inequalities because the revenues collected from the rich man can be used for the good of poor man.
Economical in collection: In comparison to indirect taxes, the direct taxes are easy to collect because a tax
payer makes his own payments.
Elasticity: Direct taxes can be manipulated / altered as per requirements of the government, change in the
income of the people and economic status of the nation as a whole.
What is Indirect Tax?
An indirect tax is a tax that is collected through a middleman from the person who suffers the
tax's ultimate economic burden.
It is possible for the taxpayer to transfer it to someone else.
The intermediary prepares a tax return and sends the tax proceeds to the government along
with it.
In this sense, an indirect tax differs from a direct tax, which is collected directly by the
government from the individuals (legal or natural) who are subjected to it.
Indirect taxes are based on an individual's expenses rather than their income.
Indirect taxes are levied on suppliers of goods and services, but the tax is passed on to the
consumers, who are indirectly paying the tax.
Customs Duty
When commodities are transferred across international boundaries, customs duty is
applied as a tariff or tax.
Its goal is to safeguard the country's economy.
Various sorts of duties are imposed under customs rules, including Basic Duty,
Countervailing Duty, Protective Duty, Anti-Dumping Duty, and Export Duty.
Import duties are used not just to generate revenue for the government, but also to
regulate commerce.
In India, import duties are calculated on an ad valorem basis.
Ad valorem :It is based on the value of the transaction or the property. E.g. VAT.
❑Sales Tax
• In India, a sales tax is a type of tax levied by the government on the sale or
purchase of a certain commodity within the country.
• Sales tax is levied by both the central and state governments.
• It has now been replaced by IGST.
❑Excise Duty
• Excise duty is a commodities tax in the proper sense because it is collected on the
manufacturing of products in India rather than the sale of the product.
• Except for alcoholic drinks and narcotics, the central government imposes an
explicit excise levy.
• It has now been replaced by CGST.
MCQ-UPSC-Pre-2014. The sales tax you pay while purchasing a
toothpaste is a:
(a) tax imposed by the Central Government
(b) tax imposed by the Central Government but collected by the State
Government
(c) tax imposed by the State Government but collected by the Central
Government
(d) tax imposed and collected by the State Government
In India, a service tax is levied on all services rendered.
Service Tax Every year since then, the service net has widened by adding
more and more services. We now have a 'negative list' exclusion
criterion, where some services are excluded from the tax net.
2006 2014–2016
270 :CGST (New indirect tax of the union, which has replaced excise duty and service
tax). CGST will be distributed between union and state govt. as per the formula set by
finance commission.
279A: President of India to appoint a constitutional body, “GST Council” headed by
Finance Minister.
366: Alcoholic liquor for human consumption is kept out of GST. (i.e. State govt continue
to levy State Excise on its production and State VAT on its sale.)
GST
• Established by the 101st Constitutional Amendment Act, on the lines of “One
Nation One Tax”.
• The Parliament and the state legislatures have concurrent powers to implement
GST
• It is a destination-based single tax.
• Tax slabs are 0%, 5%, 12%, 18%, 28%
• 3 taxes are applicable within GST:
1. Centre levies the CENTRAL GST (CGST)
2. State levies STATE GST (SGST)
3. Centre levies INTEGRATED GST (IGST) on transactions
• Parliament will compensate for any loss faced by the state.
• Lottery, Gambling and Betting are also taxable under the Goods and Services Tax
(GST) Act, 2017.
Alcohol for human consumption,
Petroleum products,
Raw materials.
ADVANTAGES OF GST
➢ For the For the State
Government •Expansion of the
➢ Increase tax 1. For the overall tax base.
Compliance economy •Increase
➢ Create a unified 2. Reduce corruption Compliance.
common market 3. Bring about •Enhance
➢ Discourage Tax certainty Investment
evasion 4. Poverty Reduction •Improve the
➢ Taxation 5. Boost secondary Investment
Streamlining sector Scenario.
GST COUNCIL (Art. 279A)
• It is a Constitutional body under Article 279A.
• Decision – majority of 3/4th members.
• Quorum is 1/2 of the total number of members of the council
It will establish a uniform interface for the taxpayer and also create a common and
shared IT infrastructure between the Centre and States.
The GSTN will handle: Invoices + Various returns + Registrations + Payments &
Refunds.
GST input tax credit
It was introduced as relief for States for the loss of revenues arising from the
implementation of GST.
As per the GST Act, states are guaranteed compensation for any revenue shortfall
below 14% growth (base year 2015-16) for the first five years ending 2022.
When goods worth ₹50,000/> are moved within a state (intrastate) or from one
state to another (inter-state), then the
truck/transport/cargo/shipping/aeroplane company must generate E-way Bill
from GSTN Portal / App / SMS.
E-way bill’s self-declaration (that our truck is carrying “x” type of goods worth
“y” value) reduces the scope of bribery, delay, red-tape, harassment at the check
post, thereby ensuring a hassle-free rapid movement for transporters
throughout the country. - E-way bill system became effective from 2018. -
Tax Avoidance
•The point at which tax cuts would expire, and spending cuts
Fiscal Cliff
would be triggered.
Organisation for Economic Cooperation and Development(OECD)
• Eatablished-1961.
• Aim- to stimulate economic progress and world trade.
• Most OECD members are high-income economies with a very high Human
Development Index
• Headquarters: Paris, France; Total Members: 36.
• India is not a member, but a key economic partner.
• Reports and Indices by OECD-
• Government at a Glance 2017 report
• International Migration Outlook
• OECD Better Life Index
•Has task of enforcing– Foreign Exchange Management Act,
1999 (FEMA) and Prevention of Money Laundering Act, 2002
Enforcement
(PMLA).
Directorate
•It also processes cases of fugitive/ fugitives from India under
Fugitive Economic Offenders Act, 2018.
•The central national agency responsible for receiving,
processing, analysing and disseminating information relating to
Financial suspect financial transactions, money laundering and related
Intelligence crimes
Unit •FIU-IND is an independent body reporting directly to the
Economic Intelligence Council (EIC) headed by the Finance
Minister.
• Both are a part of the Department of Revenue under the Ministry of Finance
created under the Central Boards of Revenue Act, 1963.
• The Central Board of Excise and Customs (CBEC) was renamed as the
Central Board of Indirect Taxes and Customs (CBIC) in 2018 after the roll
out of Goods and Services Tax (GST).
Central Board of
• CBIC deals with the tasks of formulation of policy concerning levy and
Indirect Taxes and
collection of Customs, Central Excise duties, Central Goods & Services Tax
Customs and
and Integrated GST, prevention of smuggling.
Central Board of
• CBDT provides inputs for policy and planning of direct taxes in India and is
Direct Taxes
also responsible for the administration of direct tax laws through the Income
Tax Department.
• Tax Administrative Reforms Commission (TARC)- Parthasarathi Shome-
proposal to merge the Central Board of Direct Taxes (CBDT) and Central
Board of Indirect Taxes and Customs (CBIC).