Taxation in India
Taxation in India
PROJECT REPORT
Submitted by
Reg. No - P21BA017
Batch 2021 -2023
In partial fulfillment for the award of the degree
of
MASTER OF BUSINESS ADMINISTRATION
DR A. BALAMURUGAN
BONAFIDE CERTIFICATE
January 23) 2023 under my guidance and supervision and that this work
has not formed the basis for the award of any degree, diploma,
Place :
Date : Supervisor
DECLARATION
has not formed the basis for the award of any degree diploma, associateship,
fellowship, titles in this or any other University or other similar institutions of higher
learning.
I wish to express my heart full thanks to, Dr. J. Sundeep Aanand, President and Dr
Sweetha Sundeep Aanand, Managing Director, Bharath Institute of Higher Education and
Research, for their encouragement that we are receiving for our academic career.
Studies, I devote my thanks to esteemed (Guide name), for their encouragement and the valuable
I thank my company guide, Emmanuel Associates, Stalin C his support to complete this project.
My love, affection and thanks to my parents for their impeccable support and constant
I also thank all my friends for their help and support during the course of the project.
TABLE OF CONTENTS
1 CHAPTER – I
History of Taxation
2 CHAPTER – II
History of Taxation in India
3 CHAPTER – III
Direct Taxation in India
4 CHAPTER – IV
Indirect Taxation in India
5 CHAPTER – V
Tax Regime in India
6 CHAPTER – VI
Conclusion
7 Bibliography
CHAPTER – I
History of Taxation
History of Taxation:
A tax is a compulsory financial charge or some other type of levy imposed on a
taxpayer (an individual or legal entity) by a governmental organization in order
to fund government spending and various public expenditures (regional, local, or
national), and tax compliance refers to policy actions and individual behavior
aimed at ensuring that taxpayers are paying the right amount of tax at the right
time and securing the correct tax allowances and tax reliefs. The first known
taxation took place in Ancient Egypt around 3000–2800 BC. A failure to pay in
a timely manner (non-compliance), along with evasion of or resistance to
taxation, is punishable by law. Taxes consist of direct or indirect taxes and may
be paid in money or as its labor equivalent.
Most countries have a tax system in place, in order to pay for public, common
societal, or agreed national needs and for the functions of government. Some levy
a flat percentage rate of taxation on personal annual income, but most scale taxes
are progressive based on brackets of annual income amounts. Most countries
charge a tax on an individual's income as well as on corporate income. Countries
or subunits often also impose wealth taxes, inheritance taxes, estate taxes, gift
taxes, property taxes, sales taxes, use taxes, payroll taxes, duties and/or tariffs.
The first known system of taxation was in Ancient Egypt around 3000–2800 BC,
in the First Dynasty of the Old Kingdom of Egypt. The earliest and most
widespread forms of taxation were the corvée and the tithe. The corvée was forced
labor provided to the state by peasants too poor to pay other forms of taxation
(labor in ancient Egyptian is a synonym for taxes). Records from the time
document that the Pharaoh would conduct a biennial tour of the kingdom,
collecting tithes from the people. Other records are granary receipts on limestone
flakes and papyrus. Early taxation is also described in the Bible. In Genesis
(chapter 47, verse 24 – the New International Version), it states "But when the
crop comes in, give a fifth of it to Pharaoh. The other four-fifths you may keep as
seed for the fields and as food for yourselves and your households and your
children". Samgharitr is the name mentioned for the Tax collector in the Vedic
texts. In Hattusa, the capital of the Hittite Empire, grains were collected as a tax
from the surrounding lands, and stored in silos as a display of the king's wealth.
In the Persian Empire, a regulated and sustainable tax system was introduced by
Darius I the Great in 500 BC; the Persian system of taxation was tailored to each
Satrapy (the area ruled by a Satrap or provincial governor). At differing times,
there were between 20 and 30 Satrapies in the Empire and each was assessed
according to its supposed productivity. It was the responsibility of the Satrap to
collect the due amount and to send it to the treasury, after deducting his expenses
(the expenses and the power of deciding precisely how and from whom to raise
the money in the province, offer maximum opportunity for rich pickings). The
quantities demanded from the various provinces gave a vivid picture of their
economic potential. For instance, Babylon was assessed for the highest amount
and for a startling mixture of commodities; 1,000 silver talents and four months
supply of food for the army. India, a province fabled for its gold, was to supply
gold dust equal in value to the very large amount of 4,680 silver talents. Egypt
was known for the wealth of its crops; it was to be the granary of the Persian
Empire (and, later, of the Roman Empire) and was required to provide 120,000
measures of grain in addition to 700 talents of silver. This tax was exclusively
levied on Satrapies based on their lands, productive capacity and tribute levels.
The Rosetta Stone, a tax concession issued by Ptolemy V in 196 BC and written
in three languages "led to the most famous decipherment in history—the cracking
of hieroglyphics".
In the Roman Republic, taxes were collected from individuals at the rate of
between 1% and 3% of the assessed value of their total property. However, since
it was extremely difficult to facilitate the collection of the tax, the government
auctioned it every year. The winning tax farmers (called publicani) paid the tax
revenue to the government in advance and then kept the taxes collected from
individuals. The publicani paid the tax revenue in coins, but collected the taxes
using other exchange media, thus relieving the government of the work to carry
out the currency conversion themselves. The revenue payment essentially worked
as a loan to the government, which paid interest on it. Although this scheme was
a profitable enterprise for the government as well as the publicani, it was later
replaced by a direct tax system by the emperor Augustus; after which, each
province was obliged to pay 1% tax on wealth and a flat rate on each adult. This
brought about regular census and shifted the tax system more towards taxing an
individual's income rather than wealth.
Numerous records of government tax collection in Europe since at least the 17th
century are still available today. But taxation levels are hard to compare to the
size and flow of the economy since production numbers are not as readily
available. Government expenditures and revenue in France during the 17th
century went from about 24.30 million livres in 1600–10 to about 126.86 million
livres in 1650–59 to about 117.99 million livres in 1700–10 when government
debt had reached 1.6 billion livres. In 1780–89, it reached 421.50 million livres.
Taxation as a percentage of production of final goods may have reached 15–20%
during the 17th century in places such as France, the Netherlands, and
Scandinavia. During the war-filled years of the eighteenth and early nineteenth
century, tax rates in Europe increased dramatically as war became more
expensive and governments became more centralized and adept at gathering
taxes. This increase was greatest in England, Peter Mathias and Patrick O'Brien
found that the tax burden increased by 85% over this period. Another study
confirmed this number, finding that per capita tax revenues had grown almost
sixfold over the eighteenth century, but that steady economic growth had made
the real burden on each individual only double over this period before the
industrial revolution. Effective tax rates were higher in Britain than France the
years before the French Revolution, twice in per capita income comparison, but
they were mostly placed on international trade. In France, taxes were lower but
the burden was mainly on landowners, individuals, and internal trade and thus
created far more resentment.
The word ‘tax’ is derived from the Latin word taxare or taxo. It means ‘to assess
the worth of something’. Taxes are imposed by government for the use and
service of the State. They are levied and collected by the State for the purchase
The strength of an economy depends upon how good the tax system is. A just tax
system can propel the economic growth of a country and lead to its prosperity.
This in turns makes its citizens happy and more productive. An efficient taxation
There are two types of taxes – direct and indirect. Direct taxes are those that an
entity remits to the government directly, and include income tax, property tax,
etc. indirect taxes are those that an entity remits through third parties. Service tax
It is mandatory:
Since any form of tax is imposed by the government for the benefit of the country,
it is required by law to pay taxes.
It is a contribution:
Tax is a contribution made by citizens for the betterment of their country. The
government of India provides basic healthcare, infrastructure, defence, etc. with
the money collected from taxes
The purpose of collecting taxes is for the benefit and upliftment of the society in
general. Taxes are not supposed to favour specific individuals. Disaster
maintenance and rescue is an important aspect of the money collected in the form
of taxes
You pay tax only when you generate income. If an individual does not generate
a minimum threshold income (defined and modified from time to time by the
government), they need not pay some taxes like income tax.
It boosts economy:
This is one of the most important aspects of collecting taxes. Since the
government provides for infrastructure in the form of roads, trains, power
stations, damns, etc., it utilizes the tax revenue for economic growth of the nation
History of Taxation in India
The income tax as we know today was first introduced in India in 1860 by the
British. It was introduced to compensate for the losses sustained by the
government due to the rebellion of 1857. Income tax is defined as the annual
charge levied on both earned income (wages, salaries or commission) and
unearned income like dividends, interest or rent. In addition to financing a
government’s operations, progressive income taxation is designed to distribute
wealth creation more evenly in a population and to serve as buffer in case of
fluctuations in the economic cycle. There are two basic types of income tax:
personal income tax and corporation income tax.
The Income Tax Act was passed in India in 1886, and there have been constant
revisions and refinements in the Act since then. After the first World War, a new
Income Tax Act was passed, in 1918, again to counter the residual effects of
economic devastation caused by the war. This income tax Act was in place till
1922, when it was replaced by another Act. After 40 years, and 15 years after
India gained freedom from the British, the income tax Act was modified again.
The current Income Tax Act has been adopted in 1961, and bought into force with
effect from April 1, 1962. It encompasses the whole of India, including Sikkim,
Jammu and Kashmir. The Central Board of Revenue bifurcated and created a
separate Board for Direct Taxes called as the Central Board of Direct Taxes under
the aegis of Central Board of Revenue Act, 1963.
Currently, there are five broad heads under which income is taxed by the
govt. of India:
Each successive government amends the Act with an aim to finance government
operations, and to try and distribute wealth more evenly. A noticeable feature of
the Income Tax Act of India is that agricultural income in India is not taxable.
Income tax in India (and all other countries) is assessed annually for the previous
financial year.
India currently has a three tier setup for taxation. The central government and the
state government can both impose tax. The State government in turn can delegate
taxation to the local governing bodies like the municipal corporations and
grampanchayats. It is said that that the Indian tax system is one of the most
complex in the world, including the likes of income tax, wealth tax, property tax,
gift tax, sales tax, VAT, custom duty, excise duty (now replaced by GST),
corporate tax, income tax and a plethora or other taxes? Indeed, it is one of the
reasons why there is a high demand in India for income tax consultants, GST
consultants, auditors, and other professionals.
The Government of India levies two types of taxes on the citizens of India –
Direct Tax and Indirect Tax. Indirect taxes are usually transferred to another
person after being initially levied as a direct tax. Common examples of an indirect
tax include Goods and Services Tax (GST) and VAT. GST is levied on the
manufacturers or service providers as a direct tax, which is then transferred to the
consumers when it is part of the final price of the goods or services, thus, making
it an indirect tax for the consumers.
On the other hand, the burden of the direct taxes cannot be transferred to another
person, such as Income Tax, which every individual is supposed to pay directly
to the tax authorities in India. Both indirect and direct taxes are vital components
that play an essential role in changing the course of the Indian economy.
Direct taxes, usually levied on a person’s income are paid directly by taxpayers
the organization in question cannot transfer this type of tax to another person or
entity for payment. Some of the examples of direct tax include income tax and
corporate tax.
History of Direct Taxation:
It is a matter of general belief that taxes on income and wealth are of recent origin
but there is enough evidence to show that taxes on income in some form or the
other were levied even in primitive and ancient communities. The origin of the
word "Tax" is from "Taxation" which means an estimate. These were levied either
on the sale and purchase of merchandise or livestock and were collected in a
haphazard manner from time to time. Nearly 2000 years ago, there went out a
decree from Ceaser Augustus that all the world should be taxed. In Greece,
Germany and Roman Empires, taxes were also levied sometime on the basis of
turnover and sometimes on occupations. For many centuries, revenue from taxes
went to the Monarch. In Northern England, taxes were levied on land and on
moveable property such as the Saladin title in 1188. Later on, these were
supplemented by introduction of poll taxes, and indirect taxes known as "Ancient
Customs" which were duties on wool, leather and hides. These levies and taxes
in various forms and on various commodities and professions were imposed to
meet the needs of the Governments to meet their military and civil expenditure
and not only to ensure safety to the subjects but also to meet the common needs
of the citizens like maintenance of roads, administration of justice and such other
functions of the State.
In India, the system of direct taxation as it is known today, has been in force in
one form or another even from ancient times. There are references both in Manu
Smriti and Arthasastra to a variety of tax measures. Manu, the ancient sage and
law-giver stated that the king could levy taxes, according to Sastras. The wise
sage advised that taxes should be related to the income and expenditure of the
subject. He, however, cautioned the king against excessive taxation and stated
that both extremes should be avoided namely either complete absence of taxes or
exorbitant taxation. According to him, the king should arrange the collection of
taxes in such a manner that the subjects did not feel the pinch of paying taxes. He
laid down that traders and artisans should pay 1/5th of their profits in silver and
gold, while the agriculturists were to pay 1/6th, 1/8th and 1/10th of their produce
depending upon their circumstances. The detailed analysis given by Manu on the
subject clearly shows the existence of a well-planned taxation system, even in
ancient times. Not only this, taxes were also levied on various classes of people
like actors, dancers, singers and even dancing girls. Taxes were paid in the shape
of gold-coins, cattle, grains, raw-materials and also by rendering personal service.
"Most of the taxes of Ancient India were highly productive. The admixture of
direct taxes with indirect Taxes secured elasticity in the tax system, although
more emphasis was laid on direct tax. The tax-structure was a broad based one
and covered most people within its fold. The taxes were varied and the large
variety of taxes reflected the life of a large and composit population".
Kautilya described in detail, the trade and commerce carried on with foreign
countries and the active interest of the Mauryan Empire to promote such trade.
Goods were imported from China, Ceylon and other countries and levy known as
a vartanam was collected on all foreign commodities imported in the country.
There was another levy called Dvarodaya which was paid by the concerned
businessman for the import of foreign goods. In addition, ferry fees of all kinds
were levied to augment the tax collection.
Collection of Income-tax was well organised and it constituted a major part of the
revenue of the State. A big portion was collected in the form of income-tax from
dancers, musicians, actors and dancing girls, etc. This taxation was not
progressive but proportional to the fluctuating income. An excess Profits Tax was
also collected. General Sales-tax was also levied on sales and the sale and the
purchase of buildings was also subject to tax. Even gambling operations were
centralised and tax was collected on these operations. A tax called yatravetana
was levied on pilgrims. Though revenues were collected from all possible
sources, the underlying philosophy was not to exploit or over-tax people but to
provide them as well as to the State and the King, immunity from external and
internal danger. The revenues collected in this manner were spent on social
services such as laying of roads, setting up of educational institutions, setting up
of new villages and such other activities beneficial to the community.
The reason why Kautilya gave so much importance to public finance and the
taxation system in the Arthasastra is not far to seek. According to him, the power
of the government depended upon the strength of its treasury. He states – "From
the treasury, comes the power of the government, and the Earth whose ornament
is the treasury, is acquired by means of the Treasury and Army". However, he
regarded revenue and taxes as the earning of the sovereign for the services which
were to be rendered by him to the people and to afford them protection and to
maintain law and order. Kautilya emphasised that the King was only a trustee of
the land and his duty was to protect it and to make it more and more productive
so that land revenue could be collected as a principal source of income for the
State. According to him, tax was not a compulsory contribution to be made by
the subject to the State but the relationship was based on Dharma and it was the
King's sacred duty to protect its citizens in view of the tax collected and if the
King failed in his duty, the subject had a right to stop paying taxes, and even to
demand refund of the taxes paid.
Kautilya has also described in great detail the system of tax administration in the
Mauryan Empire. It is remarkable that the present day tax system is in many ways
similar to the system of taxation in vogue about 2300 years ago. According to the
Arthasastra, each tax was specific and there was no scope for arbitratiness.
Precision determined the schedule of each payment, and its time, manner and
quantity being all pre-determined. The land revenue was fixed at 1/6 share of the
produce and import and export duties were determined on advalorem basis. The
import duties on foreign goods were roughly 20 per cent of their value. Similarly,
tolls, road cess, ferry charges and other levies were all fixed. Kautilya's concept
of taxation is more or less akin to the modern system of taxation. His over all
emphasis was on equity and justice in taxation. The affluent had to pay higher
taxes as compared to the not so fortunate. People who were suffering from
diseases or were minor and students were exempted from tax or given suitable
remissions. The revenue collectors maintained up-to-date records of collection
and exemptions. The total revenue of the State was collected from a large number
of sources as enumerated above. There were also other sources like profits from
Stand land (Sita) religious taxes (Bali) and taxes paid in cash (Kara). Vanikpath
was the income from roads and traffic paid as tolls.
He placed land revenues and taxes on commerce under the head of tax revenues.
These were fixed taxes and included half yearly taxes like Bhadra, Padika, and
Vasantika. Custom duties and duties on sales, taxes on trade and professions and
direct taxes comprised the taxes on commerce. The non-tax revenues consisted
of produce of sown lands, profits accuring from the manufacture of oil, sugarcane
and beverage by the State, and other transactions carried on by the State.
Commodities utilised on marriage occasions, the articles needed for sacrificial
ceremonies and special kinds of gifts were exempted from taxation. All kinds of
liquor were subject to a toll of 5 precent. Tax evaders and other offenders were
fined to the tune of 600 panas.
Kautilya also laid down that during war or emergencies like famine or floods, etc.
the taxation system should be made more stringent and the king could also raise
war loans. The land revenue could be raised from 1/6th to 1/4th during the
emergencies. The people engaged in commerce were to pay big donations to war
efforts.
Taking an overall view, it can be said without fear of contradiction that Kautilya's
Arthasastra was the first authoritative text on public finance, administration and
the fiscal laws in this country. His concept of tax revenue and the on-tax revenue
was a unique contribution in the field of tax administration. It was he, who gave
the tax revenues its due importance in the running of the State and its far-reaching
contribution to the prosperity and stability of the Empire. It is truly an unique
treatise. It lays down in precise terms the art of state craft including economic and
financial administration.
History of Taxation Post 1922
1. Preliminary:
The rapid changes in administration of direct taxes, during the last decades,
reflect the history of socio-economic thinking in India. From 1922 to the present
day changes in direct tax laws have been so rapid that except in the bare outlines,
the traces of the I.T. Act, 1922 can hardly be seen in the 1961 Act as it stands
amended to date. It was but natural, in these circumstances, that the set up of the
department should not only expand but undergo structural changes as well.
The organisational history of the Income-tax Department starts in the year 1922.
The Income-tax Act, 1922, gave, for the first time, a specific nomenclature to
various Income-tax authorities. The foundation of a proper system of
administration was thus laid. In 1924, Central Board of Revenue Act constituted
the Board as a statutory body with functional responsibilities for the
administration of the Income-tax Act. Commissioners of Income- tax were
appointed separately for each province and Assistant Commissioners and
Income-tax Officers were provided under their control. The amendments to the
Income tax Act, in 1939, made two vital structural changes: (i) appellate functions
were separated from administrative functions; a class of officers, known as
Appellate Assistant Commissioners, thus came into existence, and (ii) a central
charge was created in Bombay. In 1940, with a view to exercising effective
control over the progress and inspection of the work of Income-tax Department
throughout India, the very first attached office of the Board, called Directorate of
Inspection (Income Tax) - was created. As a result of separation of executive and
judicial functions, in 1941, the Appellate Tribunal came into existence. In the
same year, a central charge was created in Calcutta also.
2.1 World War II brought unusual profits to businessmen. During 1940 to 1947,
Excess Profits Tax and Business Profits Tax were introduced and their
administration handed over to the Department (These were later repealed in 1946
and 1949 respectively). In 1951, the 1st Voluntary Disclosure Scheme was
brought in. It was during this period, in 1946, that a few Group 'A' officers were
directly recruited. Later on in 1953, the Group 'A' Service was formally
constituted as the 'Indian Revenue Service'.
2.3 As indicated earlier, in 1946, for the first time a few Group A officers were
recruited in the department. Training them was important. The new recruits were
sent to Bombay and Calcutta where they were trained, though not in an organised
manner. In 1957, I.R.S. (Direct Taxes) Staff College started functioning in
Nagpur. Today this attached office of the Board functions under a Director-
General. It is called the National Academy of Direct Taxes. By 1963, the I.T.
department, burdened with the administration of several other Acts like W.T.,
G.T., E.D., etc., had expanded to such an extent that it was considered necessary
to put it under a separate Board. Consequently, the Central Board of Revenue
Act, 1963 was passed. The Central Board of Direct Taxes was constituted, under
this Act.
2.4 The developing nature of the economy of the country brought with it both
steep rates of taxes and black incomes. In 1965, the Voluntary Disclosure Scheme
was brought in followed by the 1975 Disclosure Scheme. Finally, the need for a
permanent settlement mechanism resulted in the creation of the Settlement
Commission.
2.5 A very important administrative change occurred during this period. The
recovery of arrears of tax which till 1970 was the function of State authorities
was passed on to the departmental officers. A whole new wing of Officers - Tax
Recovery Officers was created and a new cadre of post of Tax Recovery
Commissioners was introduced w.e.f. 1-1-1972.
2.6 In order to improve the quality of work, in 1977, a new cadre known as IAC
(Assessment) and in 1978 another cadre known as CIT (Appeals) were created.
The Commissioners' cadre was further reorganised and five posts of Chief
Commissioners (Administration) were created in 1981.
2.7 Tax Reforms: Certain important policy and administrative reforms carried out
over the past few years are as follows: -
Lowering of rates;
Withdrawals/reduction of major incentives;
introduction of measures for presumptive taxation;
simplification of tax laws, particularly relating to capital gains; and
widening the tax base.
2.8 Computerisation:
1939
1940
1941
1943
1947
1951
1952
1953
1954
1958
1959
1960
1961
1963, 1964
Central Board of Revenue bifurcated and a separate Board for Direct Taxes
known as Central Board of Direct Taxes (CBDT)constituted under the
Central Board of Revenue Act, 1963.
For the first time an officer from the department became Chairman of the
CBDT w.e.f. 1-1-1964.
The Companies (Profits) Sur -tax Act, 1964 was introduced.
Annuity Deposit Scheme, 1964 introduced.
1965
1966
1968
1969
1970
1972
1974
1976
1977
1978
1979
Hotel Receipt Tax Act, 1980 came into force w.e.f. 1.4.1981.
1981
1983
1984
1985
1986
The I.T. Act and W.T. Act amended by Taxation Laws (Amendment and
Miscellaneous Provisions) Act :-
Established Settlement Commission.
Introduced Block assets concept for depreciation.
Four offices of Appropriate Authority for acquiring property in which
unaccounted money is invested set up in metropolitan cities.
1987
1988
1989
1990
1992
1993
1994
1995
1996
1997
1998
1999
Furnishing details of bank account and credit cards in the prescribed form
made mandatory for refund purpose.
Prima-facie adjustments to return done away with; acknowledgments to
serve as intimations.
Samman Scheme introduced in 1999 to honour deserving tax payers.
2000
2001
2002
2003
2005
2006
2007
The Refund Banker Scheme was launched in Delhi and Patna charges.
Sevottam Scheme was launched to standardize service delivery to the
taxpayers.
The first citizen-friendly single window Aayakar Seva Kendra (ASK)was
setup, for centralized receipt and registration of specified categories of
documents, including income tax returns.
The Income Tax Department became the biggest revenue mobiliser for the
Government in 2007-08, with its share increasing from 34.76%in 1997-98
to 52.75%in 2007-08.
All India Tax Network (TAXNET) was setup connecting more than 700
offices in more than 500 cities. Consolidation of 36 (RCC) independent
regional databases into a single centralized database (PDC or Primary Data
Centre) was carried out.
Integrated Taxpayer Data Management System (ITDMS) for drawing of
360° taxpayer profile was launched.
2008
Cyber Forensic Labs were setup to identify relevant digital data during
search and survey operations, recover hidden or password protected or
deleted data and store retrieved data in a manner so that it could be used as
evidence in judicial proceedings.
Electronic filing of Income Tax Returns Project was awarded Silver Award
in the category "Outstanding Performance in Citizen Centric Service
Delivery" under the National e-Governance Awards for the year 2007-08.
2009
2010
2011
2012
2013
2014
The various types of direct taxes levied on citizens by the Government Of India
are as follows:
1) Corporate Tax
Under the Indian Income Tax Act, 1961, both Indian as well as foreign
organizations are liable to pay taxes to the government. The corporate tax is levied
on the net profit of domestic firms. Also, foreign corporations whose profits
appear or are deemed to emerge through their operations in India are also liable
to pay taxes to the Government of India. The income of a company, be it in the
form of dividends, interest and royalties, is also taxable.
At present, companies having gross turnover up to Rs.250 crore are liable to pay
corporate tax at 25% of the net profit while companies with a gross turnover of
more than Rs.250 crore are liable to pay the corporate tax at 30%. Apart from
this, other types of corporate tax include the following:
Fringe Benefits Tax (FBT): The FBT tax is imposed on the fringe benefits like
drivers and maids provided/paid for by companies to their employees.
2) Income Tax
Income tax is perhaps the most well-known direct tax imposed by the government
on annual income generated by businesses and individuals. The income tax on
income generated by the business houses is known as Corporate Tax. Income tax
is calculated as per the provisions of Income Tax Act, 1961 and is directly paid
to the central government on an annual basis. The income tax rate depends on the
net taxable income or the tax bracket. Income tax may be deducted in the form of
TDS (tax deducted at source) in case of salaried employees. However, in case of
self-employed individuals, the tax is payable on the basis of declared income as
per their Income Tax Return subsmission. ITR is basically a statement of income
and the tax liability (on the basis of income declared) which is submitted to the
Income Tax Department in the prescribed format.
The capital assets of an individual refer to anything owned for personal use or for
the purpose of an investment. For businesses, the capital asset is anything that can
be used for more than a year and is not intended to be sold or liquidated during
the course of business operation.
Machinery, cars, homes, shares, bonds, art, businesses and farms are some of the
examples of capital assets.
The capital gains tax is imposed on the income derived from the sale of
investments or assets. On the basis of the holding period, capital tax is categorised
under short-term gains and long-term gains. The formula to calculate the capital
gains is:
The direct taxation has its share of benefits. Some of them are listed as
follows :
1) Economic:
The direct tax such as the income tax is collected annually and is mostly deducted
at the source. For example, the income tax is deducted from an employee’s salary
every month. This saves a great amount of administrative costs as here the
employer acts as the tax collector. This system makes the direct tax more
economical than other types of taxes where a lot of administrative costs are
involved.
2) Productive:
The direct taxes are also very productive. The revenue generated from the direct
tax is directly proportional to the changes in the national wealth of the country.
In simple words, the increase in a country’s population and/or prosperity will
consequently increase the returns on direct tax.
3) Certain:
In the case of direct taxes, a taxpayer is certain about the amount of tax to be paid.
In addition, the tax authorities can also precisely estimate the revenue they can
expect from the direct tax. There is no ambiguity in the tax amount as it is decided
before the tax submission date. This certainty on the tax amount from both the
sides helps in eliminating corruption from the tax collection system.
4) Equitable:
The direct taxes are imposed on the basis of a taxpayer’s income. The taxpayers
with high income need to pay more taxes compared to the taxpayers with lesser
income. In other words, the rich pay more taxes than the poor. This is, however,
applicable to all the sections of the society. People belonging to similar economic
conditions are taxed at the same rate. The equitable trait of the direct tax serves
the purpose of equality and justice across all sections of the population.
5) Progressive:
The direct taxes play an important role in reducing the gap of financial
inequalities across the country. These taxes are progressive as the government
imposes a tax on people according to their income. The money collected from
these taxes helps implement policies and rules for the uplift of the poor in the
society, helping achieve the aim of social and economic equality.
6) Anti-inflationary:
Direct taxes can be used as an anti-inflationary tool to stabilize the price level in
the market. It can be used to control the use and demand of products. The increase
in demand of the product and services during inflation can be decreased by
increasing the direct tax. Doing this will force people at large to spend less money
to purchase the products and services, thus, reducing their demand and
consequently the inflation rate.
CHAPTER – IV
Indirect Taxation in India
Indirect Taxation in India:
Indirect tax is the tax levied on a person upon consumption of goods and services.
Indirect tax is not directly levied on the income of a person. He needs to pay the
tax in addition to the actual price of goods or services purchased by the seller.
Indirect is a tax that is passed on to another person. Generally, indirect tax is
levied on sellers who pass it on to the final consumer.
In indirect taxes, the person on which the burden falls and the person who pays
the tax are different. The sellers are required to pay these taxes to the government
(e.g., manufacturers, retailers,). But since they sell goods to the consumers, they
pass the burden of paying the tax to you.
Thus, when you purchase goods, you pay the amount inclusive of tax to the seller.
The seller then pays the tax to the government.
Examples of indirect taxes are excise tax, VAT (Value added tax),
service tax, custom duty, sales tax, entertainment tax and Securities Transaction
Tax.
Different Types of Indirect Taxes in India:
There are different types of indirect taxes in India. Listed below are some popular
examples of indirect taxes, explained in brief:
1. Service Tax
Service tax is applicable on the services provided by a company and paid by the
recipient of their services, collected by and deposited with the central
government.
Value added Tax, popularly known as VAT, is levied on the sale of movable
goods or goods sold directly to the customers. VAT is exacted by the respective
state governments on intra-state sales.
3. Excise Duty
Excise duty is levied on the goods produced or manufactured in India, paid by the
manufacturers of different goods. Excise duty is often recovered from the
customers.
4. Custom Duty
Custom duty is applicable on the goods which are imported into India from other
countries. In some cases, it is also levied on the goods being transported out of
India.
5. Entertainment Tax
Stamp duty is levied on the transfer of immovable property located within the
state, and is charged by the State Government and may vary in rates. It is also
applicable on all legal documents.
In India, there are many different Indirect Taxes which are applicable on different
kinds of goods, imports, manufacturing and services. Indirect Tax has some
defining characteristics. These are as follows:
1. Charged on Commodities
Indirect taxes are charged on material things such as goods and services. These
are not levied on the income you earn.
Sellers of the goods are required to pay the indirect taxes to the government. But
they transfer the liability to their consumers.
3. Tax Evasion
Indirect taxes are already included in the price of the commodities. Thus, when
you buy goods or a service, you automatically pay your share of the tax. This can
thus help to reduce tax evasion.
The liability of indirect tax is passed on by the sellers to the consumers. This tax
is thus charged at the point of sales and is paid by the customers.
5. Revenue for Government
Since this type of tax cannot be easily evaded and is applicable on most of the
commodities, it serves as a major revenue source for the govt. Its contribution is
higher than the direct tax.
The main cause of direct tax evasion is that it is charged on the income directly.
Indirect taxes face no such problem as they are not directly affected.
Indirect tax provides many benefits which are not available in the case of direct
taxes.
Indirect taxes are very equitable. The tax depends on the cost of the goods. The
higher the price of the goods the more can be the indirect taxes involved. Thus,
the people who can purchase high-priced goods pay higher indirect taxes.
2. Easy to Pay/Collect
Indirect taxes are easy to pay for both taxpayers and the authorities. For the tax-
payers: While making payment of direct taxes, you need to file an income tax
return statement, though it can be done by yourself, it generally requires a
Chartered Accountant. But in case of Indirect Taxes, there is no such need as it is
paid when you purchase a good.
For Authorities: It is easier to collect for the authorities. This is because the taxes
are collected in the shop, factories themselves.
3. Convenient
While calculating the income, there are 5 heads to go through. It should include
all the earnings you have made; this is the reason why people evade income tax.
But indirect taxes provide you convenience as these are collected on point of
sales, i.e., when you purchase.
Commodities that are harmful to our health such as tobacco, wine, etc include the
highest indirect tax. This makes them highly expensive. The high cost of goods
helps limit their consumption.
Indirect taxes are levied on a range of products and services. It is not the case that
some brands incur taxes and some don’t. Also, unlike direct taxes, where it is a
one-time payment that is high, indirect taxes are paid as and when you purchase
and are much smaller in amount.
Despite having many advantages, Indirect taxes have some limitations also. It has
the following disadvantages of Indirect Taxes.
1. Can be Regressive
2. Can be Inflationary
If the indirect taxes are increased by the government, the sellers will add higher
charges to their products, this will increase the prices of goods. Thus, it can lead
to inflation.
3. Discourage Industries
Indirect taxes when are levied on the raw materials, will make them costly, this
can discourage the industry owners to make the product. This can also affect the
competitiveness of the market.
4. Unpredictable Revenue
The indirect tax collection is not fixed. It depends on the purchase of goods and
services. Thus, the government cannot be certain of how much revenue will come
through the indirect tax.
The inception of Goods & Services Tax (GST) has consumed almost all the
indirect taxes prevailing in India before this. Let us take a look at the parties who
are eligible to pay GST.
It stands for Goods and Services Tax. It came into action on 1st July 2017 and
has been used since. In India, there is a slab system under which several rates of
GST are there. Each commodity can be put in a specific slab. GST is levied on
the supply of the goods.
If you buy a product, then you have to pay GST based on the slab rate the product
falls in. If you run a business and your turnover exceeds Rs 20 lakhs per year,
then also you are eligible to pay GST.
Though GST has replaced all the previous taxes, there are still some taxes
prevailing. There are some taxes that are still active. Each of these taxes is
required to be paid by different parties.
2. Customs Duty Tax
If you are involved in international trading then you are eligible to pay customs
duty. This is a tax that is charged on the goods that need to be transported outside
of your country.
3. Excise Duty
Though GST has replaced this tax, but there are still some commodities that are
charged with excise duty. These commodities are Liquor, petroleum, fuel, etc.
Excise is levied at the time when the goods are removed from the warehouse.
As there are many different types of indirect taxes levied on the expense incurred
by a buyer, the government has made an effort to simplify the taxing process and
merged all these indirect taxes into a common indirect tax called the Goods and
Service Tax (GST).
Merging of all these taxes has reduced the hassles of compliances associated with
all these indirect taxes, improving tax governance in the country. Introduced in
2017, the GST has eliminated the cascading effect of multiple taxes.
The idea of moving towards GST was first mooted by the then Union Finance
Minister in his Budget speech for 2006-07. Initially, it was proposed that GST
would be introduced from 1st April 2010.The Empowered Committee of State
Finance Ministers (EC) which had formulated the design of State VAT was
requested to come up with a roadmap and structure for GST. Joint Working
Groups of officials having representatives of the States as well as the Centre were
set up to examine various aspects of GST and draw up reports specifically on
exemptions and thresholds, taxation of services and taxation of inter-State
supplies. Based on discussions within and between it and the Central
Government, the EC released its First Discussion Paper (FDP) on the GST in
November, 2009. This spelt out features of the proposed GST and has formed the
basis for discussion between the Centre and the States so far.
The introduction of the Goods and Services Tax (GST) is a very significant step
in the field of indirect tax reforms in India. By amalgamating a large number of
Central and State taxes into a single tax, GST will mitigate ill effects of cascading
or double taxation in a major way and pave the way for a common national
market. From the consumers point of view, the biggest advantage would be in
terms of reduction in the overall tax burden on goods, which is currently estimated
to be around 25%-30%. It would also imply that the actual burden of indirect
taxes on goods and services would be much more transparent to the consumer.
Introduction of GST would also make Indian products competitive in the
domestic and international markets owing to the full neutralization of input taxes
across the value chain of production and distribution. Studies show that this
would have a boosting impact on economic growth. Last but not the least, this
tax, because of its transparent and self-policing character, would be easier to
administer. It would also encourage a shift from the informal to formal economy.
The government proposes to introduce GST with effect from 1st July 2017.
Currently, fiscal powers between the Centre and the States are clearly demarcated
in the Constitution with almost no overlap between the respective domains. The
Centre has the powers to levy tax on the manufacture of goods (except alcoholic
liquor for human consumption, opium , narcotics etc.) while the States have the
powers to levy tax on sale of goods. In case of inter-states sales, the Centre has
the powers to levy a tax (the Central Sales Tax) but, the tax is collected and
retained entirely by the originating States. As for services, it is the Centre alone
that is empowered to levy Service Tax. Since the States are not empowered to
levy any tax on the sale or purchase of goods in the course of their importation
into or exportations from India, the Centre levies and collects this tax in addition
to the Basic Customs Duty. This additional duty of customs (commonly known
as CVD and SAD) counterbalance excise duty, sales tax, State VAT and other
taxes levied on the like domestic product. Introduction of GST required
amendments in the Constitution so as to empower the Centre and the States
concurrently to levy and collect GST.
The assignment of concurrent jurisdiction to the Centre and the States for the levy
of GST required a unique institutional mechanism that would ensure that
decisions about the structure, design and operation of GST are taken jointly by
the two. To address all these and other issues, the Constitution (122nd
Amendment) Bill was introduced in the 16th Lok Sabha on 19.12.2014. The Bill
provides for a levy of GST on supply of all goods or services except alcohol for
human consumption. The tax shall be levied as Dual GST separately, but
concurrently the Union (CGST) and the States (SGST). The Parliament would
have exclusive power to levy GST (IGST) on inter state trade or commerce
(including imports) in goods and services. The Central Government will have the
power to levy excise duty in addition to GST, on tobacco and tobacco products.
The constitution Amendment Bill was passed by the Lok Sabha in May, 2015.
The Bill with certain amendments was finally passed in the Rajya Sabha and
thereafter by the Lok Sabha in August, 2016. Further, the Bill has been ratified
by the required number of States and has since received the assent of the President
on 8th September,2016 and has been enacted as the 101st Constitution
Amendment Act, 2016. The GST Council has also been notified w.e.f. 12th
September,2016. GST Council is being assisted by a Secretariat.
The Goods and Service Tax Council (hereinafter referred to as, “GSTC”)
comprises of the Union Finance Minister, the Minister of State(Revenue) and the
State Finance Ministers to recommend on the GST rate, exemption and
thresholds, taxes to be subsumed and other matters. One-half of the total number
of members of GSTC form quorum in meetings of GSTC. Decision in GSTC are
taken by a majority of not less than three-fourth of weighted votes cast. Centre
has one-third weightage of the total votes cast and all the states taken together
have two-third of weightage of the total votes cast.
All decisions taken by the GST Council has been arrived at through consensus.
The option of exercising a vote has not been resorted to till date.
To ensure smooth roll-out of the GST, various Committees and Sectoral groups
has been formed comprising of members from both Centre and States.
CHAPTER – V
Tax Regime in India
Old Tax Regime – High Rates but Lot of Options to Reduce Taxes
The current tax system is complicated to say the least. While the tax rates are
high, there are a lot of ways to reduce your tax liability.
Over the years the government, through addition of clauses to the Income Tax
Act, has given Indian taxpayers over 70 exemptions and deduction options
through which they can bring down their taxable income and hence pay less.
While exemptions are part of your salary, like the House Rent Allowance
(HRA) and Leave Travel Allowance (LTA), deductions allow you to lower your
tax amount by investing, saving or spending on specific items. The biggest
section for deduction is Section 80c through which you can bring down your
taxable income by Rs.1.5 lakh. Apart from this, there are several other sections
that let you take tax deductions on things ranging from interest on your loans
(home and education) to premiums you pay for health insurance.
Most common exemptions and deductions availed by Indian taxpayers
Exemptions Deductions
House Rent Allowance Public Provident Fund
ELSS (Equity Linked Saving
Leave Travel Allowance
Scheme)
The new tax regime is different from the old tax regime in two aspects.
One, in the new regime, the number of tax slabs have increased, accompanied by
lowering of rates in the sub-Rs. 15 lakh range. Two, all the exemptions and
deductions that were being used by taxpayers in the existing regime won’t be
available in the new regime.
As you can see under the new system, income between Rs. 5 lakh and Rs. 7.5
lakh would be taxed at 10 percent, while income between Rs. 7.5 lakh to Rs. 10
lakh would be taxed at 15 percent. This was 20 percent flat on the entire range
for the existing regime. The earlier Rs. 10 lakhs+ slab where you paid 30 percent,
has been broken into three parts with rates of 20 percent for Rs. 10-12.5 lakh, 25
percent for Rs. 12.5 lakh-15 lakh and then 30 percent for Rs. 15 lakh and above.
Old vs. New Tax Regime: Which One Should You Pick?
Unfortunately, there is no single answer to this. And the culprit again is the
complexity of the Indian tax rules.
Although looking at the reduction in the tax rates, the first reaction would be that
the new system looks better. However, with these cuts, someone with Rs. 7.5 lakh
income will have to pay Rs. 25,000 and for those who are earning Rs 10 lakh
income, the tax saving will be Rs. 37,500. But as they say, the devil lies in the
detail. For these savings, you will have to let go all the exemptions and deductions
which might nullify these gains.
While figuring out whether to choose the old or the new tax regime might look
complicated, if you approach it in a systematic way, it is not that difficult to figure
out.
Here is what you need to do –
Calculate all the exemptions that you are availing: If you are living on rent, you
would be claiming HRA which is the biggest salary exemption one enjoys. Apart
from that, other tax-free components include LTA, Food Bill, Phone Bills, etc.
All these will become taxable if you choose to shift to the new tax regime.
Look at the deductions that you claim: As a salaried employee, two deductions
that you automatically get are standard deduction of Rs 50,000 and your
contribution towards your Employee Provident Fund (EPF). In the new regime,
you won’t be able to claim these deductions even though you will continue to
contribute to EPF. Over and above, you cannot claim deductions against your
home loan (if you have one) or insurance policies, which till now has helped to
reduce your taxable income.
Now, combine these exemptions and deductions and minus them from your salary
to see what is your taxable income and what it would be if you let go of these
deductions. This should be the deciding factor for which regime you should go
for.
Findings:
Most of the taxpayers don’t opt for new tax regime though the slab rates
are low.
The reason for their hesitation is they won’t be allowed with any
deductions and exemptions.
Though the slab rates are high, people prefer old tax regime because they
will be deductions and exemptions.
In recent research with the chartered accountancy firm, it was known that
taxpayers having rental income and income from other sources have
chosen the new tax regime since it was easier and less complicated.
Those who have a total income of Rs 10 lakh and below have (irrespective
their age) opted for the ‘old-tax regime’ since it won’t make any difference
It also came to know that majority (i.e.) more than 50% of the tax payer
During the first two months of training, the intern learned the fundamentals of
auditing processes and functions. The manager introduced the intern to all the
staff at the firm. The intern was asked to go through the history and the major
functions. The head of the GST Department had taught the intern how to update
the GST registers. The intern was taught to log in to the GST portal and segregate
the bills into each category.
During the Third and Fourth month of his internship, the intern had an
opportunity to work in the income tax department. The intern was asked to follow
up with the Import Data Processing and Monitoring System and write the name
of each company or organization dealing with income tax into the register
maintained. The intern was taught that the primary responsibility of companies is
to submit the details of bills.
Fifth and Sixth Month:
During the Fifth and Sixth month of his internship, the intern was shifted to the
trading section. There, the intern had learned about the stock markets and so on.
Also, the intern was taught how to fill the DEMAT account. The intern helped
the staff check the value of the stock in various markets outside India. The intern
was asked to calculate profit or loss at the end of the day when the stock market
closed.
Bibliography
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