Meghna Mittal | 24 Dec, 2016
The year 2016 can well be labelled as the domestic black
money retrieval year that saw the government follow a carrot-and-stick policy,
nudging hoarders to come clean on their own by paying a penalty before the
Income Tax Department showed the stick.
The Income Declaration Scheme-2016 (IDS-2016) launched from June 1 for four
months allowed people to declare their unaccounted income by paying a 45 per
cent tax and assuring them of complete secrecy and no prosecution -- before the
demonetisation surprise was hurled.
"One can say that the government's attempt was to follow a
carrot-and-stick policy. The government gave an opportunity to people holding
unaccounted money to disclose their wealth and come clean by paying a 45 per
cent tax (inclusive of penalty and surcharge) under the IDS before the
demonetisation move," Girish Vanvari, Head of Tax, KPMG in India, told
IANS.
Multiple comparisons were made of the IDS-2016 with the earlier Voluntary
Income Disclosure Scheme (VIDS) brought during the time of former Finance
Minister P Chidambaram in 1997 in which the effective rate of tax was in single
digits.
In IDS, after final reconciliation, the actual declarations received and taken
on record were Rs 67,382 crore made by 71,726 declarants. IDS-2016 is expected
to fetch over Rs 30,000 crore in direct tax revenue to the government while the
Voluntary Disclosure Scheme of 1997 resulted in disclosure of Rs 33,000 crore
and collection of Rs 9,760 crore worth of taxes.
The IDS required the declarants to pay 25 per cent of the tax in the first
tranche by November 30, another 25 per cent by March 31, 2017 and the remaining
by September 30, 2017.
Interestingly, the government did not take into account two high-value
disclosures made in IDS suspecting foul-play, which later saved it
embarrassment as those payments never actually came.
The Rs 13,860 crore declaration by Ahmedabad-based Maheshkumar Champaklal Shah,
and a Rs 200,000 crore declaration made by Abdul Razzaque Mohammed Sayed,
resident of Mumbai, proved false. As expected, the two declarants did not make
any payment by November 30, the last day to pay the first installment of the
tax under IDS.
"The government did well in being cautious and not including those
declarations in the IDS disclosures figures that were made public. Had the government
included the same in the estimated tax collection and if they had not
materialised, they would have cut a sorry figure. One may say that the
government's prudence paid off in this case. We believe that there would be
investigations and appropriate punishments in these cases," Vanvari said.
The intention of IDS clearly was to bring into the tax net unaccounted money
and give an opportunity to tax evaders to come clean albeit with a higher tax
and penalty. The message that the government probably wanted to give to the
public at large was that it pays to be an honest taxpayer and that defaulters
would be punished.
But whether the IDS was a success or not will be determined by what the
government actually manages to garner against the expected Rs 30,000 crore.
Official figures on collection of the first tranche of 25 per cent tax are
still awaited. Some reports suggested that the amount declared could go way
below the earlier estimate of Rs 67,382 crore as more declarations are likely
to turn bogus.
Whatsoever, it does appear that the IDS could not make a big impact in
unearthing black money and hence was followed by the demonetisation move and
subsequent amendments to the Income tax Act to achieve the objective.
The amendments to the Income tax Act were brought after that to impose a 75 per
cent tax on undisclosed wealth along with a penalty of 10 per cent taking the
total outgo to 85 per cent.
The intent of this -- effectively a new disclosure scheme -- was obviously to
penalise defaulters who did not come clean in spite of the opportunity provided
by the earlier IDS Scheme by levying an 85 per cent tax (including penalty).
However, the government chose to give them another chance to come out clean by
introducing the Garib Kalyan Yojana Scheme, though at a higher cost.
"The government thought that the people have taken IDS lightly but
demonetisation may make the tax evaders re-think about continuous evasion. In
the wake of demonetisation the second chance to black money hoarders appears to
have been given," Pune-based chartered accountant and analyst Pritam
Mahure told IANS.
The Garib Kalyan Yojana -- which opened on December 17 and will close on March
31, 2017 -- gives an opportunity to people to disclose their income and pay 50
per cent tax while locking in another 25 per cent of the declared income for
four years.
Though many questioned the motive behind giving another chance to the black
money hoarders, Vanvari said, "It's a win-win since it is expected to
shore up the tax collections which can be channelised into priority sectors and
the declarant would also be left with legitimate funds in his hands."
However, some analysts also felt that too many chances to the black money
hoarders may demotivate the honest taxpayer.
"It was a good move of the government. However, regular temptation of such
schemes should be at best avoided as it incentives the tax evader and
demotivates the honest taxpayer," Mahure said.