100 Reforms in Indirect Taxes
KAR-KSHETRA Foundation, a Voluntary Initiative of former IRS officers headed by former CBEC Chairman Tarun Roy and consisting of former Member CG Lal, former DG, DRI, RS Sidhu and former JS (TRU) V K Garghas written a letter to the Prime Minister suggesting 100 reforms in indirect taxes. (Please see TIOL - COB( WEB) - 425)
Some of the suggestions:
Make in India
++ Removal of avoidable cascading which compromises the competitiveness of Indian business viz. a viz. cheap imports;
++ Facilitating export-oriented economy by recognizing many foreign exchange earning activities as exports and allowing full neutralization of taxes on exports;
++ Cost reductions by optimizing inventory levels that cannot be done sometimes only because of tax laws;
++ Reducing the draconian fear of tax compliance by proper checks and balances and removing antiquated provisions;
GST
GST is a tough reform and can become unpopular if the benefits are not appreciated by the common man soon after its launch. This is on account of the fact that the prices of services tend to rise and those of goods do not go down on expected lines.
It will be desirable to carry out a large part of the preparatory work in the existing legislations of central excise and service tax, and present to the States a fully functional and workable model that wins their confidence.
Digital India
++ Digital signatures on any Excise, Service Tax, and Customs documents should be permitted (though provided generally under Information Technology Act).
++ Allow Cenvat Credit on digitally signed and electronically received copies of invoices, subject to safeguard measures;
++ Digital copies of relied upon documents can be made acceptable documents unless questioned otherwise.
Trust and confidence of Small taxpayers
Small sector plays a crucial role in employment generation and encourages entrepreneurship. It is often at the receiving end from tax administrators. They need to be treated with compassion so that they are more willing to join the tax stream. Our suggestions will help give their far greater level of confidence.
Facilitate large taxpayers
Nearly top 1000 taxpayers account for bulk (around 60%) of the revenue. They have the benefit of sophisticated technology in the running of operations and are impacted disproportionately because of any tax complexity. With the benefit of knowing precisely where the shoe pinches they can also be great facilitators in providing valuable inputs in the making of tax laws blunting much of the adverse criticism later.
There is a need for reducing hostility in tax environment by building a relationship of trust and mutual respect with them. Suggestions in this area will help to create this climate.
Handing Litigation
Mindless litigation of the last many years has resulted in the near clogging of the courts and tribunals entailing huge costs on both sides. Uncertain understanding of tax laws (service tax in particular); coupled with a coercive interest rate up to 30% pa makes the whole environment an advocates' paradise. Many novel suggestions have been made to overcome this herculean task.
Optimize facilitation and enforcement
Of the various tax-collection wings the officers of central indirect taxes remain the most feared lot. Part of this is contained in the exemplary penal provision like COFEPOSA, arrests, searches and summons that are more frequently deployed. Such powers were perhaps warranted in a regime where India was facing exchange crisis. With liberalization of the economy and reliance on automated systems and scientific audits, some balance is warranted to remove the fear of draconian actions in fairly routine situations.
While it is laudable that senior officers of yesteryears are willing to study complicated matters and suggest reforms, it is surprising that they chose to send these suggestions to the Prime Minister. Will the Prime Minister have the time and the technical knowledge to understand these complex tax matters, which admittedly even senior officers of the department are uncertain about?
Some of the 100 specific suggestions include:
16. Remove distinction between capital goods and inputs for the purpose of period of credits.
17. Credit available to plant and machinery (Ch. 82, 84, 85 and 90) is outdated in the context of service-oriented economy and should to be extended to all legitimate capital assets.
20. Allow credit on civil structures, cement, steel etc. subject to the safeguard that the sale of civil structure so constructed within 5 years of taking such credits to require reversal of specified amount of the sale price of such property.
21. Allow credit on input services used for pre-operative expenses and setting up of business.
23. Mixed use credit of input services (e.g. rent-a cab) may be allowed to the extent of 50%.
26. Input tax credits should be allowed even in situations of misconduct. Only penalties and interest to be imposed in such cases.
29. The recipient factory should be allowed to avail the Cenvat credit first and reverse the credit when transferred to another factory.
And here is the classic one:
9. Impose service tax on transportation of goods by road (and not merely confine to GTA) with an abatement of 50% (presently exempt creating disputes and scope for evasion). [ Any idea what this means?]
Are these issues, which the Prime Minister should address? Couldn't they discuss these issues with the Board? Maybe the Board doesn't listen to retired officers - not that they do to working officers.