Archive for Taxation

BLACK MONEY … ” CATCH ME IF YOU CAN “

At the onset of the recent Demonetization of Rs 500 and Rs 1.000 currency notes ( called SCNs ), it was expected that the entire lot of SCNs in the circulation will not be banked . The fake notes will be identified and naturally will not be able to enter the banking channel. Similarly , the SCNs held by black marketeers will also not be banked due to fear of being taxed and penalized. It was estimated that nearly Rs.4 Lakh crore worth of SCNs will not be deposited, which will represent the balck monies held backin the system. Now at the end of the deadline of 30th December 2016, it is estimated that only Rs.50,000 odd crore remain “un deposited “.
This is , by any imagination is a ridiculously low figure of Black Money that was in the system before demonetization. Even the GOI estimation was that nearly Rs 4 to Rs 5 Lakh Crores are held back in the system , representing Black Money.

In reality,as it is well known, the Black Money has actually been deposited in the bank accounts by adapting various dubious methods including opening dummy accounts,depositing benami SCNs etc methods so skillfully adapted!. It is therefore for the Income Tax Department now,to identify such deposits and catch the errant persons . This is a huge and painful task . The benami account holder ( a poor Jandhan account holders, in many cases ) and the Beneficial depositor, both will come under scrutiny . The number of such cases will be huge and it will be near impossibility for the IT department to reach out for all .

Similarly, many black money holders have re written their cash books, generated higher cash balances and deposited SCNs which were held illegally till than. Such cases are as large and wide spread . This by itself will be a memoth exercise to cover all such cases for the IT Department .

But the reality will be that the IT department is also not going to give up the chase so easily . I can quite see that there will be a huge increase in IT notices and almost all of them will result into lengthy litigation.

Again, it is equally important for the RBI to exactly reconcile the Monies ( SCNs ) deposited with the Banks , with the monies (SCNs) which were in circulation as per their records. RBI will have to be sure that Fake currencies have not been pushed into the banking system and will have to tally the genuine physical notes collected by the banks with the book figures that are being provided by the bankers . These reconciliations , reaching upto branch level is another herculean task , particularly when it is equally well known that several banks and bank officials have not been so praiseworthy. It will not be a huge surprise if initially it is noticed that more SCNs are deposited in the Books of Banks and RBI than the Actual numbers of SCNs in circulation . The Fake notes pushed in the system will have to be segregated and wrong book keeping will have to be corrected before closing this exercise .

I feel the stage is perfectly set for a Catch Me If You Can type of chase . It is shameful and painful , but unfortunately true .

Demonetization… Isn’t it a Success ?

A lot is being said about the wisdom of demonetization by many wise people . Frankly, it is being criticized in direct, indirect ,polite and not so polite words .
Those who try to speak a bit in its favor are almost considered “Blind Followers “.

The critics have been harping upon the hardships faced by almost all of us in varying degrees, the lack of efficient implementation efficiency, the confusions that prevailed almost throughout. They also question its basic necessity for India, suggesting that it had more political objectives to serve than the economic objectives The issues of the jobs that have been lost in the process and arguments that the black economy will once again come back very soon are going round all over .

Having considered all these arguments , one can still observe that the entire exercise has drawn the mass attention towards the existence of black money and black economy and the concerns of the Government to curb the same at any cost .Even a slight dent in this direction means a Huge achievement . People have shown unique support towards the efforts and the hard core defaulters have also taken a good beating in the process . Digitization no more looks an impossibility as it looked a few months earlier. A momentum in this direction , if continued for at least a few months, will be a great gain. The jobs have not been lost permanently. The stricter monitoring of doubtful transactions coupled with the likely ( i really hope so ) removal of administrative hardships and reduction in tax burdens and reduced costs of compliance will make generation and advisability of indulging in black money transactions less attractive and less prevalent.

So let us not be blind critics of all that is different/new/changed . Let’s also look at the change in a positive way. There is still a long way to go and let’s carve our own destiny with a positive attitude .

EPF Roll Back /Budget 2016.Buying peace at a high cost

The roll back of the provisions of EPF Taxability , is a step much appreciated by one and all affected tax payers and tax experts.
But if we look at the reasons behind introducing this provisions, one would realise that it was anaborted attempt to plug a huge loophole.

The wealthy salaried employees were contributing the maximum amount possible under the rules , which is 12% of their slalries, without any cap.

All that was required to be done was to put a maximum limit of 150,000 on employee contribution as well. This could have met the good objective of plugging the loophole. In stead , a clumsy provision was drafted and explained in a vague manner, which resulted into sufficient confusion and uproars , leading to its pre matured abortion. The high flying executives have perhaps earned one more tax free gift , at least for one more year. Many will join their club , who have realised that they could also have made merry while the sun was shinnig unabated till now.

But in budget presentations, peace is required to be bought in favor of the vocal fews, anyway.

Budget Expectations

The Budget Fever is picking up for the Budget 2016.
We all have read and heard many opinions and expectations .
Details apart, the following is quite visible and desirable

SWEETNERS

1… Reduce the burden of tax of common man by enhacing the exemption limit
2… Provide addition in ceiling of Sec 80C to provide incentive towards savings
3… The Exemption limit and 80C limits be made inflation adjustible henceforth
4…Enhance HRA, Edu Allo, Hosing loan interest etc deductions
5… Make Pension schemes more attractive
6… No TDS on Interest income from Banks upto Rs 50,000 pa
7… Withdraw in phases, the additional depreciation and similar incentives
8… Simplifications in Transfer pricing and normal assessment procedures
9… Reduce the Corporate rate of taxation

BITTER

1… Increase in Service Tax on certain services
2… Enhancing Wealth Tax and reintroduction of Estate Duty

GENERAL

Various Rural Schemes will be announced . NAREGA will be streamlined. Strict action against defaulting borrowers( NPA) will be announced

On the whole it will be a consumer oriented budget, giving higher purchasing power . The dependance on market borrowing and PPP will enhace substentially

NOW, LET’S Wait and Watch

Petrol Prices.. A relief , more to GOI Exchequer !!

The recent nose dive of the petroleum prices have surprised ( happily ) almost all of us . The experts have now come to a stable view that it is not just the lower demand due to slump in the world economy but there is also an over supply position from the producing nations leading to this steep and steady fall in petrol prices

Lower petrol prices would help in reducing the costs and inflationary pressure in the importing countries like India ..but the Indian government has preferred to smartly increase the excise duty on Petrol.. and has passed over only a marginal gain to the consumer. The full effect of the petrol price reduction thus is not passed over to the consumers and hence the pressure of inflation will not reduce to the full extent directly.Though the excise collection will enable the Government to check its deficit significantly and thereby control the inflation. In other words, the money supply will not rise due to lower deficits, thus controlling inflation.

These are the choices of the Macro Economists and they have played the game smartly.

But my concern is Simple like a common man. The Concern is… will the government reduce the excise when the petrol prices go up. Please keep in mind hat this is not a long term phenomena.. the prices will bounce back as soon as there are signs of recovery globally and the producers will than hit back with controlled production. A question like this need to be asked right now and a a soothing assurance from those in the Power need to be obtained. If this is not done, consumers will keep paying higher excise for a long long time.