oppn parties Even Subtle Ways Of IT Department Lead To Terrorism

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  • Sikh extremists attacked a cinema hall in London that was playing Kangana Ranaut's controversial film 'Emergency'
  • A Delhi court directed the investigating agencies to senstize officers to collect nail clippings, fingernail scrappings or finger swab in order to get DNA profile as direct evidence of sexual attack is often not present and might result in an offender going scot free
  • Uniform Civil Code rules cleared by state cabinet, likely to be implemented in the next 10 days
  • Supreme Court reiterates that there is no point in arresting the accused after the chargesheet has been filed and the investigation is complete
  • Kolkata court sentences Sanjoy Roy, the sole accused in the R G Kar rape-murder case, to life term. West Bengal government and CBI to appeal in HC for the death penalty
  • Supreme Court stays criminal defamation case against Rahul Gandhi for his remarks against home minister Amit Shah in Jharkhand during the AICC plenary session
  • Government reviews import basket to align it with the policies of the Trump administration
  • NCLT orders liquidation of GoAir airlines
  • Archery - Indian archers bagged 2 silver in Nimes Archery tournament in France
  • Stocks make impressive gain on Monday - Sensex adds 454 points to 77073 and Nifty 141 points to 23344
  • D Gukesh draws with Fabiano Caruana in the Tata Steel chess tournament in the Netherlands
  • Women's U-19 T20 WC - In a stunning game, debutants Nigeria beat New Zealand by 2 runs
  • Rohit Sharma to play under Ajinkye Rahane in Mumbai's Ranji match against J&K
  • Virat Kohli to play in Delhi's last group Ranji trophy match against Saurashtra. This will be his first Ranji match in 12 years
  • The toll in the Rajouri mystery illness case rose to 17 even as the Centre sent a team to study the situation
Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
oppn parties
Even Subtle Ways Of IT Department Lead To Terrorism

By A Special Correspondent

Has the government or the ruling party instructed income tax officers to ask businessmen not to talk about tax terrorism? Or are such officers doing it of their own volition in order to prevent the department from getting flak in the wake of allegation of tax terrorism being one of the reasons of CCD owner VG Siddhartha committing suicide? Whatever is the reason, and irrespective of the truthfulness of such allegations, tax officials or no one else has the right to issue veiled threats to anyone. The biggest mistake these officials did was to tell this to an upright person like Kiran Mazumdar-Shaw, the CMD of Biocon Ltd and the chairperson of IIM, Bangalore. She promptly informed about the incident to Mohandas Pai, former director of Infosys. Pai is known to speak his mind and usually supports the good initiatives of the Modi government. But this time, in an interview to NDTV.com, he categorically said that that tax terrorism is a fact and the government has failed to stop it despite its promise to end it.

So what is tax terrorism? The dictionary defines terrorism as 'the unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims." If we tweak it to say "use of intimidation through power of authority and hazy provisions of law, against taxpayers, either to meet unrealistic tax estimates or to force taxpayers to pay bribes to settle cases" we would have defined tax terrorism. This is not to say that it is not used as a political tool. Many times, politicians belonging to the opposition parties and their associates, the so-called politically exposed persons, are raided by the tax authorities, in order to either silence them or make them support the ruling party.

Tax terrorism is not only related to raids though. Tax officers are known to visit premises of taxpayers and 'request' them to deposit more advance tax and show more income. Despite filing of online returns, random scrutiny cases have become tools to harass the taxpayer where massive additions to total income returned are done by officers. Long term capital gains is one such head of income that is currently the hot favourite for addition. Difference in valuation of shares in another favourite. Business expenses shown are another area of contention. Officers often do not acknowledge even the documents submitted as proof and tell assesses to file appeals. One thinks that this is because they fear that if they do not show results that increase tax revenue after scrutiny, they might be marked as corrupt, as persons who took bribes from the assessee to let him off. But this is leading to unnecessary appeals to IT commissioners and appellate tribunals and most big cases then land in the courts. The department is drowned in a flood of litigation which can be avoided if the officers are not so inflexible at the time of scrutinizing the returns.

Then, there are no clear rules for attachment of property, shares or bank accounts. Different officers issue orders for attachment at different stages of a case. There must be a fixed timeline which the officers must adhere to when making such attachments. For, while it might be necessary to attach property or bank account for the purposes of recovering tax, it has to be done at a time when it becomes clear that the assessee has exhausted most of his legal options. If the case comes up in courts, they are nowadays many times insisting upon the taxpayers to first deposit the disputed amount in an escrow account. That would serve the purpose better. The tax department has to be taxpayer-friendly. The finance minister has said that a faceless scrutiny system will be adopted soon and the taxpayer will not have to meet officers. Even the officers will be selected randomly and do the scrutiny from remote locations. That might reduce instances of tax terrorism.

Pic courtesy: rediff.com