Professional Documents
Culture Documents
Classnote 1 - IPF - Module 3 - 23 Oct 2023
Classnote 1 - IPF - Module 3 - 23 Oct 2023
Economics
Semester 5
Indian Public Finance
Module 3: Taxation
- Vaibhavi Pingale
Module 3: Taxation
(Theory, Policy, & Indian Perspective)
• It is rare that a tax will meet all these criteria for a fair tax.
• For example, a tax on alcohol is easy to understand, it achieves
horizontal equity and it can help to improve social efficiency
(tax the external cost of alcohol).
• However, a tax on alcohol will not improve vertical equity, a tax
on alcohol will be regressive (take a higher % of income from
the poor). However, that doesn’t mean a tax on alcohol and
cigarettes should be ignored.
• A tax doesn’t have to meet all the criteria. If alcohol and
cigarette taxes are combined with progressive taxes (take a
higher % of income from the rich) then this will help to offset
the regressive nature of alcohol taxes.
Impact of taxation
• Impact of a tax is the first resting point of a tax.
• For example, when a tax is imposed on the
production (excise duty) of a commodity, it is
paid by the manufacturer, though the tax
burden is shifted to the ultimate consumer later,
added under the price of the commodity. Here,
the IMPACT is on the manufacturer, whereas the
incidence is on the consumer.
Tax Shifting
• Tax shifting is the activity of shifting the
burden (payment) of a tax from one person to
another.
• For example, in the case of GST, the tax is
shifted ultimately from the producer to the
consumer. The manufacturer SHIFTED the tax
burden to the ultimate consumer.
Incidence of Taxation
• INCIDENCE is the final resting point of a tax burden. It
shows ultimately who bears the burden of the tax.
• In the case of direct taxes like personal income tax, the
impact of the tax is on the income-earner, and similarly, he
has to bear the incidence as well. So, direct tax, is a tax
whose burden cannot be shifted.
• On the other hand, in the case of an indirect tax, some
business firms will be ready to bear a part of the tax (by
giving a concession to the consumers) to enhance the sale.
In this case, there is a backward shifting of tax. Such shifting
is not possible in the case of personal income tax as the
impact and incidence will be on the same person.
• Impact may be shifted but incidence cannot.
• For, incidence is the end of the shifting
process.
• Sometimes, however, when no shifting is
possible, as in the case of income tax or such
other direct taxes, the impact coincides with
incidence on the same person.
Tax burden falls upon who depends upon
• The taxes in this category are levied and collected by the Union
Government although they are subsequently handed over to the
states wherefrom they have been collected.
• Such taxes included duties in respect of succession to property
other than agricultural land; state duty in respect of property
other than agricultural land terminal taxes on goods or
passengers carried by railways, sea or air, taxes on railway freights
and fares; taxes other than stamp duties on transactions in stock
exchanges and futures markets; taxes on the sale or purchase of
newspapers and advertisements published therein; taxes on
purchase or sale of goods other than newspapers where such sale
or purchases take place in the course of interstate trade or
commerce.
Taxes Levied and Collected by the Union
but Shared
(b) the regulation of the borrowing of money or the giving of any guarantee by the
Government of India, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the
payment of moneys into or the withdrawal of moneys from any such Fund;
(f) the receipt of money on account of the Consolidated Fund of India or the public
account of India or the custody or issue of such money or the audit of the accounts of
the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub clause (a) to (f)
Memorandum
• The Finance Bill is accompanied by the Memorandum
Explaining the Provisions in the Finance Bill. As the name
suggests, the memorandum explains the provisions of the
changes proposed by the Finance Bill.
• For example, Memorandum to the Finance Bill, 2019,
included provisions related to direct taxes that sought to
amend the Income Tax Act, 1961.
• Various proposals for amendments are organised under sub-
heads in the memorandum. Sub-heads include amendment
to tax rates, deepening and widening of tax base,
strengthening anti-abuse measures promoting tax incentives,
and more.
• https://www.indiabudget.gov.in/doc/memo.pdf
Types of Financial Bills
• Type (I) of Financial Bill-
• It is dealt with under Article 117 (1) of the Constitution and contains not
only any or all the matters mentioned in the Money Bill but also other
matters of general legislation.
• It is similar to a money bill as it can be introduced only on the
recommendation of the President and can be introduced only in the Lok
Sabha and not in the Rajya Sabha.
• In all other aspects, a finance bill is treated as an ordinary bill –
• It can be either rejected or amended by the Rajya Sabha.
• In case of a disagreement between the two Houses over such a bill, the
President can summon a joint sitting of the two Houses to resolve the
deadlock.
• When the bill is presented to the President, he can either give his assent
to the bill or withhold his assent to the bill or return the bill for
reconsideration of the Houses.
• Type (II) of Financial Bill-
• It is dealt with under Article 117 (3) of the Constitution and
contains provisions involving expenditure from the
Consolidated Fund of India. It does not include any of the
matters mentioned in Article 110.
• Such Bills can be introduced in either House of Parliament.
• It is governed by the same legislative procedure which is
applicable to an ordinary bill.
• Recommendation of the President is essential for
consideration of these Bills by either House and unless such
recommendation is received, neither House can pass the Bill.
Direct v/s Indirect Taxes
• Direct taxes – A tax that is paid directly by an individual or
organization to the imposing entity (generally government)
and it cannot be shifted to another individual or entity.
The Central Board of Direct Taxes (CBDT) is the authority
that looks after the administration of laws related to direct
taxes through the Department of Income Tax.
• Indirect taxes – An indirect tax (such as sales tax, a specific
tax, value-added tax (VAT), or goods and services tax (GST))
is a tax collected by an intermediary (such as a retail store)
from the person who bears the ultimate economic burden
of the tax (such as the consumer).
Revenue Authorities
• CBDT
• The Central Board of Direct Taxes (CBDT) is a part of the Department of Revenue
under the Ministry of Finance. This body provides inputs for policy and planning of
direct taxes in India and is also responsible for administration of direct tax laws
through the Income Tax Department.
• CBEC
• The Central Board of Excise and Customs (CBEC) is also a part of the Department of
Revenue under the Ministry of Finance. It is the nodal national agency responsible
for administering customs, central excise duty and service tax in India.
• CBIC
• Under the GST regime, the CBEC has been renamed as the Central Board of Indirect
Taxes & Customs (CBIC) post legislative approval. The CBIC would supervise the
work of all its field formations and directorates and assist the government in policy
making in relation to GST, continuing central excise levy and customs functions.
Evolution of Direct Taxes
• It was in 1850 that Sir James Willson formally introduced the tax in India. He
was the finance minister of the pre -Independent India. He introduced the tax
during the first union budget session under British rule. The Indian Income Tax
act of 1860 marks the watershed moment for taxation in India. It is through
this act that centrally organized taxation began in India. The act was
introduced to recover the losses the government suffered from the 1857
military mutiny.
• Under this act, the taxation was divided into 4 subgroups. The incomes from
land, professions or trade, securities, and salaries/pensions were taxed under
this new act.
• The Indian Income Tax act formed the basis of taxation laws in India. However,
it was revised and replaced over the course of decades. The law was revised in
1886 to improvise on some categories for which tax can be levied. The new
categories included net salaries and profits from businesses.
• https
://www.incometaxindia.gov.in/Pages/about-us/history-of-direct-taxation.aspx
• The next revisions came in 1918 and 1922. The act of 1918 repealed the 1886 act
and formed many new important changes. The act of 1922 is extremely important
since it has since then that India started to have an operational Income Tax
Department. This act distinguished various departments of the Income-tax
authorities. Over the years the act became more and more complicated over the
years due to the amendments made by various governments over the course of
decades. The act of 1922 remained in effect in India till 1961. The act was brought
by the British and later in 1956 Government of India referred to a law commission
to make it simpler.
• The Indian Income Tax act of 1961 came into effect after consultation with the
Ministry of law. It was brought into force in April 1962. All citizens of India are
bound by this act. Since 1962 many amendments have been made to the act
annually by the Union Budget. The bills become acts after it is passed by both
upper and lower houses of parliament and get presidential assent to it. Currently,
five categories of income are considered for tax. They are as follows: salary,
property, capital gains, profits from businesses and other sources of income.
• The Income Tax act of 1961 is long. It has 23 chapters, 298 sections and 14
schedules in it.
Direct Tax Code (DTC)
• Direct Tax Code is a major reform in the tax system where the
government aims at simplifying the tax laws and regulations
into a single legislation.
• The government published a discussion paper on Direct Tax
Code in 2009 and issued the Direct Tax Code (DTC) bill in
parliament in 2010.
• Like all technical bills, this bill too was referred to the standing
committee on finance headed by Mr Yashwant Sinha. The
government wanted to implement DTC from 1 Apr 2012 but
due to delay in the report being submitted by the standing
committee, it was not possible. It is not a very controversial
bill as state governments are not involved in it.
The objectives of the Direct Tax Code are mentioned below:
• To simplify and consolidate all direct tax laws of the central
government
• To make the tax system more effective and efficient.
• To bring the consolidated law relating to direct taxes, that is, income-
tax, dividend
• distribution tax, fringe benefits tax and wealth-tax
• To bring horizontal equity among different classes of taxpayers in line
with best international practices.
• To improve compliance further, tax laws need to be simple, stable and
robust.
• To phase out the multiplicity of tax exemptions and deductions in
order to widen and deepen the tax base.
• Simplification of direct tax laws can be stated as
follows:
• Tax laws would be re-written in simple language
• Exemptions and reductions would be reduced
• Cross-references will be reduced
• Explicit Language will be used.
• Consolidation of tax laws can be stated as follows:
• All tax laws dealing with direct taxes would be merged.
• E.g. Income Tax Act, 1961; Wealth Tax Act, 1957; Gift
Tax Act, 1958.
Evolution of Indirect Taxes
• Indirect tax was first introduced in India in 1944 in the form of excise duty
on Indian products as a measure of protection for goods imported from
the UK.
• There were several committees which were appointed for this purpose.
From there, the process of reforms of indirect taxes in India went through
ups and downs till the introduction of the Goods and Services Tax (GST) in
2017.
• Till 2017, there were many taxes which were levied at central and state
level. Central indirect taxes were Excise Duty, Customs Duty, Service Tax and
Central Sales Tax.
• State’s indirect taxes included Value Added Tax, Entertainment Tax, Luxury
Tax, Entry Tax and Stamp Duty.
• However, after introduction of goods and service taxes these taxes were
reduced to Central Goods and Service Tax (CGST), Inter-State Goods and
Service Tax (IGST), Customs Duty to be levied by centre while State Goods
and Service Tax (SGST) and Stamp Duty to be levied by states.
Excise
• An excise or excise tax (sometimes called an excise duty) is a type of tax
charged on goods produced within the country (as opposed to customs
duties, charged on goods from outside the country). It is a tax on the
production or sale of a good. This tax is now known as the Central Value
Added Tax (CENVAT). It is mandatory to pay duty on all goods
manufactured, unless exempted.
• The term 'excisable goods' means the goods which are specified in the
first schedule and the second schedule to the Central Excise Tariff Act,
1985, as being subject to a duty of excise and includes salt.
• The liability to pay tax excise duty is always on the manufacturer or
producer of goods.
• GST has now subsumed a number of indirect taxes including excise
duty. This means excise duty, technically, does not exist in India except
on a few items such as liquor and petroleum.
Customs
• Customs Duty refers to the tax imposed on the goods when they are
transported across the international borders. The objective behind levying
customs duty is to safeguard each nation’s economy, jobs, environment,
residents, etc., by regulating the movement of goods, especially
prohibited and restrictive goods, in and out of any country.
• Every good has a predefined rate of duty that is determined based on
various factors, including where such good was acquired, where such
goods were made, and what these goods is made of. Also, anything that
you bring into India for the first time should be declared as per the
customs rules. For instance, you need to declare the items purchased in a
foreign country and any gifts which you acquire outside India.
• Customs duties are computed on a specific or ad valorem basis. In other
words, it is calculated on the value of goods. Such value is determined as
per the rules laid down in the Customs Valuation (Determination of Value
of Imported Goods) Rules, 2007.
• https://taxinformation.cbic.gov.in/
Types
• Basic Customs Duty (BCD)
• Countervailing Duty (CVD)
• Additional Customs Duty or Special CVD
• Protective Duty,
• Anti-dumping Duty
• Education Cess on Custom Duty
Recent Development
• In recent years, India witnessed major reforms in the taxation
system via digitalization. From Income Tax to GST, most of the
things are now available online. To ensure ease of doing
business, the CBIC (Central Board of Indirect taxes and
Customs), has launched e-SANCHIT, which enables registered
persons to file their customs related documents online.
• The e-SANCHIT initiative is made mandatory from March 15th
this year. Only the ICEGATE registered users can use the e-
SANCHIT application by accessing e-SANCHIT link. Under this
new scheme, hard copies of the uploaded documents are not
required to be produced to the assessing officers. The objective
here is to minimize the physical interface between the customs
agencies and trade and to maximize the pace of clearance.
VAT
• Value-added tax or VAT is an indirect tax, which is imposed on
goods and services at each stage of production, starting from
raw materials to the final product. It is levied on the value
additions at different stages of production.
• Value Added Tax was introduced into the taxation system in
India on 1st April 2005 replacing the Sales Tax. As of June 2014,
all states and UTs in India except the Andaman and Nicobar
Islands and Lakshadweep were implementing VAT.
• VAT is widely applied in European countries. However, now a
number of countries across the globe have adopted this tax
system. GST (Goods and Service Tax) which is to be
implemented in India is nothing but a kind of VAT system.
• The VAT is similar to the income tax as it is based on the
value of a product or service at each stage of production.
However, there are some important differences.
• A VAT is usually collected by the end retailer.
• A VAT is usually a flat tax
• For VAT purposes, an importer is assumed to have
contributed 100% of the value of a product imported
from outside of the VAT zone. The importer incurs VAT
on the entire value of the product, and this cannot be
refunded, even if the foreign manufacturer paid other
forms of income tax.
Limitations
• A VAT, like most taxes, distorts what would have happened without it.
Because the price for someone rises, the number of goods traded
decreases. That is, more is lost due to supply and demand shifts than the
gains through tax. This is known as a deadweight loss. If the income lost
by the economy is greater than the government’s income; the tax is
inefficient. VAT and a non-VAT have the same implications on the
microeconomic model.
• The entire amount of the government’s income (the tax revenue) may
not be a deadweight drag, if the tax revenue is used for productive
spending or has positive externalities – in other words, governments
may do more than simply consume the tax income. While distortions
occur, consumption taxes like VAT are often considered superior because
they distort incentives to invest, save and work less than most other
types of taxation – in other words, a VAT discourages consumption
rather than production.
State VAT
• The State VAT has replaced the earlier Sales Tax
systems of the States. VAT, being a ‘tax on sale or
purchase of goods within a State’ is a State
Subject by virtue of Entry 54 of State List of the
Seventh Schedule of the Constitution of India.
• Since VAT/Sales tax is a State subject, the Central
Government has been playing the role of a
facilitator for successful implementation of VAT.
Goods & Services Tax (GST):
A Game-changer
• The Goods and Services Tax (GST) is a value-
added indirect taxes levied on goods and
services imposed by the Indian Central and
State governments.
• GST is aimed at being comprehensive for most
goods and services with few tax exemptions.
• The implementation of GST has le to the
abolition of other taxes thus avoiding multiple
layers of taxation that currently exist in India.
• Goods and Services Tax (GST) was introduced by the
Government of India to boost the economic growth of
India. GST is considered to be the biggest taxation reform
in the history of Indian economy. It was introduced to save
time, cost and effort. Goods and Services Tax (GST) Act
came into effect in 2017.
• In order to address the complex system in India, the
Government introduced 3 types of GST which are given
below.
1. CGST (Central Goods and Service Tax)
2. SGST( State Goods and Service Tax)
3. IGST(Integrated Goods and Services Tax)
What is Central Goods and Services Tax (CGST)?
• Revenue under CGST is collected by the Central Government. CGST subsumes the
below given central taxations and levies.
• Central Excise Duty
• Services Tax
• Central Sales Tax
• Excise Duty
• Additional Excise Duties Countervailing Duty (CVD)
What is State Goods and Services Tax (SGST)?
• Revenue under SGST is collected by the State Government. SGST subsumed the
following state taxations.
• Luxury Tax
• State Sales Tax
• Entry tax
• Entertainment Tax
• Levies on Lottery
Who Collects IGST (Integrated Goods and Services Tax)?
• IGST is charged when there is movement of goods from one state to another state. The
revenue will be collected by the central government and accordingly will be shared
between the Union and states in the manner prescribed by Parliament or GST Council.
Advantages
• GST will boost up economic unification of India which ultimately assists in better
conformity and revenue resilience.
• In the GST system, both Central and state taxes will be collected at the point of sale.
Both components (the Central and State GST) will be charged on the manufacturing
cost.
• It will reduce the burden of tax for consumers
• It will result in a simple, transparent, and easy tax structure as it involves the provision
of merging all levies on goods and services into one GST.
• It will set a uniformity level in tax rates with only one or two tax rates across the supply
chain
• It will result in a good administration of the tax structure
• There are chances of the tax base broadening
• This implementation will increase tax collections due to the wide coverage of goods
and services.
• The global market will witness a comparative cost in the value of goods and services.
• This taxation system will reduce transaction costs for taxpayers through simplified tax
compliance and will also result in increased tax collections due to a wider tax base and
better conformity.
Limitations
• Experience of various countries shows that it is very
difficult to manage the GST system. Even various
developed countries find it difficult.
• India’s tax collecting authority is not equipped
technically to handle it. Computerization of data is
needed.
• Amendment of Constitution is required for which
consensus of at least half of the states is needed, which
is very difficult in today’s rise of regional politics.
• It is resource-intensive as large data collection is
required.
Features of GST
• Applicable On the supply side: GST is applicable on ‘supply’ of goods or
services as against the old concept on the manufacture of goods or on sale of
goods or on provision of services.
• GST rates to be mutually decided: CGST, SGST & IGST are levied at rates to be
mutually agreed upon by the Centre and the States. The rates are notified on
the recommendation of the GST Council.
• Multiple Rates: Initially GST was levied at four rates viz. 5%, 12%, 16% and 28%.
The schedule or list of items that would fall under these multiple slabs are
worked out by the GST council.
• Destination-based Taxation: GST is based on the principle of destination-based
consumption taxation as against the present principle of origin-based taxation.
• Dual GST: It is a dual GST with the Centre and the States simultaneously levying
tax on a common base. GST to be levied by the Centre is called Central GST
(CGST) and that to be levied by the States is called State GST (SGST).
– Import of goods or services would be treated as inter-state supplies and would be
subject to Integrated Goods & Services Tax (IGST) in addition to the applicable customs
duties.
GST Council
• Article 279A – GST Council to be formed by
the President to administer & govern GST. It’s
Chairman is Union Finance Minister of India
with ministers nominated by the state
governments as its members.
• The council is devised in such a way that the
centre will have 1/3rd voting power and the
states have 2/3rd.
• The decisions are taken by 3/4th majority.
Tax Rates
• The higher VAT rate in India is a goods and services tax (GST) of 28%. It
applies to consumer durables, air conditioning, automobiles, cement,
chocolate and accommodation above 7,500 INR. The standard VAT rates are
18% and 12%. The reduced rate is 5%. India also has some zero-rated goods,
the sale of which must still be reported on your VAT return, even though no
VAT is charged.
• The first standard VAT rate (18%) applies to telephone, banking, insurance,
restaurants with alcohol license, tickets to cultural events and cinema, TVs,
gaming consoles.
• The second standard VAT rate (12%) applies to restaurants (non-air
conditioned), construction, intellectual property, some foodstuff, mobile
phones.
• The reduced VAT rate (5%) applies to privately-provided transport,
advertising, sugar, tea and coffee, medicine.
• Indian zero-rated goods and services include basic foods, postal services,
books and newspapers.
GST Compensation
• The Constitution (One Hundred and First Amendment) Act, 2016, was the law
that created the mechanism for levying a nationwide GST.
• Into this law there is a provision to compensate the States for loss of revenue
arising out of implementation of the GST. The adoption of the GST was made
possible by the States ceding almost all their powers to impose local-level
indirect taxes and agreeing to let the prevailing multiplicity of imposts be
subsumed under the GST.
• While the States would receive the SGST (State GST), and a share of the IGST
(Integrated GST), it was agreed that revenue shortfalls arising from the
transition to the new indirect taxes regime would be made good from a pooled
GST Compensation Fund for a period of five years that is set to end in 2022.
• This corpus in turn is funded through a compensation cess that is levied on so-
called ‘demerit’ goods. The computation of the shortfall is done annually by
projecting a revenue assumption based on 14% compounded growth from the
base year’s (2015-2016) revenue and calculating the difference between that
figure and the actual GST collections in that year (as spelt out in Section 7 of the
GST (Compensation to States) Act, 2017).
• Adding on all arrears including the most
recent, states received ₹5.89 trillion in GST
compensation for the five-year statutory
period (average of ₹1.18 trillion per year).
• The average annual revenue from the cess
over the same period (including April to June
2022) was ₹0.96 trillion, below the average
annual compensation required.
Non-Tax Revenue: Grant-in-aids
• How States Get Grant-in-aids From The Centre?
• In addition to the distribution of taxes between the
Center and the states, there are several provisions in
the Constitution that regulate the scope for Grants-
in-aid.
• In accordance with Article 275 and 282, Parliament
may provide grants-in-aid from the Consolidation
Fund of India to such states as they needed
assistance, especially to improve the welfare of the
tribal areas, including a special grant to Assam.
Statutory Grants
• Statutory grant is provided in Article 275 of the Indian
Constitution.
• Parliament provides these grants to specific states that need
assistance.
• This article sets different grants for different states.
• Amount transferred from India Consolidated Fund.
• There are two conditions for granting aid to the states for any
development plan approved by the Indian government for the
benefit of the Scheduled areas and Scheduled tribes.
• Any parliamentary regulation relating to Grants-in-aid as
specified is subject to prior recommendation by the Finance
Committee.
Discretionary Grants
• In accordance with Article 282, the Center may, at its
discretion, provide assistance to certain states for
public purposes.
• These Grants are optional, not compulsory in nature.
• The Center previously issued these grants on the
recommendation of a earlier planning commission,
now Ministry of Finance.
• Moreover, during the period of the planning
commission, the general discretionary grants were
even higher than the statutory grants.
Other Grants
• Grants for a temporary period
• Grants provided in lieu of export duties on
jute & jute products to the states of Assam,
Bihar, W. Bengal & Orissa.
• Charged on Consolidated Fund
• Recommended by FC