While lauding a courageous decision of the government not to press for further litigation in the Vodafone case, the ASSOCHAM has brought to the notice of Prime Minister Narendra Modi and Finance Minister Arun Jaitley several loop holes in the tax laws which make them quite adversarial to the tax-payers and investors quite contrary to the often-repeated commitments to make tax administration non-adversarial and consistent.
The ASSOCHAM Pre-Budget memorandum for 2015-16 was jointly released by the Chairman of tax council Ved Jain and Secretary General ASSOCHAM, D S Rawat here.
While addressing the media, Jain said that these loopholes relate to, among others, scrutiny of assessments in physical mode asking the assesses to be physically present, arbitrary interpretations and rules on TDS (tax deducted at source), delays in income tax refunds and lack of a Master Circular clarifying the contentious issues.
"Many of the provisions in substantive as well in procedural Direct Tax Laws are not equitable and fair. Many of the provisions are unfair and heavily biased in favour of the tax administrators with no accountability. Compliance of tax laws even by the well-intentioned and motivated tax payers have been made more and more difficult and for technical defaults which are sometimes beyond the control of the tax payers....The entire responsibility and the burden has been shifted from the tax administrators to tax payers under the pretext of tax evasion measures," ASSOCHAM Secretary General Mr D S Rawat said in his letter to the Prime Minister.
The ASSOCHAM said delays in Income Tax refund, giving effect to appellate order leads to drain of liquidity resulting in huge borrowing costs and should be processed within reasonable time frame. The law does not have a provision specifying time limit for issuance of the refunds. "While there might not be any official reasons for the delay, Assessing Officer is constrained by revenue collection targets and the whole process is less transparent and discretionary".
To bring about transparency in the public system and end corruption from its root cause, the chamber has also suggested that the political parties should be brought under the purview of income tax at the rate of 30% in respect of anonymous donations received by them and should also be subjected to penalty for not filing return well in time.
In its pre-budget memorandum the chamber has said, "Surprisingly there is no penalty prescribed for not filing the return of income by a political party in time. Thus there is a need to amend provision in the Income Tax Act to provide penalty in case a political party fails to file the return of income in time".
More From This Section
As per the facts in public domain, more than 75% of the donation received by the political parties are falling in the category of voluntary contribution not in excess of Rs.20,000/- with the result that there is no trail of the name and address of the person who has made such contribution. The normal perception is that these contributions have come out of the money which has not been subjected to tax, highlighted ASSOCHAM.
"Accordingly there is a need to introduce a provision similar to the provision of Section 115BBC that each political party shall be required to pay tax at the rate of 30% in respect of the anonymous donation received by it", added ASSOCHAM.
