Income-Tax Law Has Been Made More and More Complicated In Every Budget
Mr. Modi Govt. in Budget 2017 has made the Income-Tax law more complicated. On One side Income-Tax Deptt. says that only assesses e-mail address should be provided to enable them to file returns voluntarily. On the other hand, CBDT amending Income-Tax law in such a way that compliance of return filing would be possible only by or through Super Specialist in Income-Tax law. There is no correlation between intent and action of Central Board of Direct Taxes. Simplification of Income-Tax law and Citizen Charter are only guise.
Income-Tax is a direct tax, paid out of the pocket of the assessee. Whereas Indirect tax is a collected tax & the assessee act in fiduciary capacity. Govt. definitely cannot take stringent policy decisions for assessment, inspection, levy & recovery of direct tax in the lines of Indirect taxes. Indian Income-Tax law become one of the most complicated Direct Tax law in the world. This is evident on comparing the latest size of the statute book of Income-Tax Act with that published in 1962.
Three draconian proposals in Union Budget-2017, which Businesses man should be worried about are as follows :-
(1) Freedom to Govt officials to “Search/Survey” with no accountability/Change Retrospective from 1962… all cases in pipe line :-
Section 132 and 132A amended that “the ‘reason to believe’ or ‘reason to suspect’, as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal.” This is by far the most harsh and bizarre change.It was a settled law that you cannot do any survey till you have any reasons to believe there is something bad against the revenue. The income tax officers should NOT just disturb anybody on mere suspicion, or any anguish, personal or officials, out of their one-sided sweet will. If this amendment is allowed, it may lead to virtual “Taxman’s Terror”. The law has been changed retrospectively since 1962 !!!. That is compromising the cases which are subjudice currently
(2) Freedom to ITO, to Attach properties during survey :-
Section 132(9B) added. If during survey the ITO feels it is important, then he can take permission of the Director General and attach any property for the realization of the tax.
Already reason need not be disclosed, as shared above in Point No.1. And now with rights of “provisional attachment:” …. The things could go out of hand, if checks and balances are not kept in tune. If allowed to go this way, it may lead to “Taxman’s Terror”.
(3) Freedom to ITO, to reopen cases up to 10 years old :-
For more than a decade the settled law was that in case of Survey, maximum 6 old years can be re-opened. Prior to that was sealed. Now, they have taken option to reopen up to 10 years.
These three harsh changes shall be w.e.f. 1st April 2017, after the passage of Finance Bill and notification. We need to take up these issues with the government to ensure a system of accountability, checks and balances for IT department so as not to unleash unnecessary and avoidable harassment and terror.
Spread the awareness to all citizens of India
B.S.K.RAO, Tax Advocate, BDKRAO, Beside SBI, Tilak Nagar, Shimoga-577201, Karnataka State
Mo.No. : 9035089036
E-Mail : email@example.com