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'Compliance Window' under New Black Money Act - CBDT notifies Sept 30 as deadline for making declaration and Dec 31, 2015 as last date for making payment with penalty Najib Shah gets Addl Charge of CBEC Chairman (See 'Service News' in Pitara) PM to launch programme on digital empowernment of citizens today (See 'Mixed Buzz') Whether developers entering into agreements for sale of constructed apartments or flats prior to or during construction would be covered under term 'works contract' and hence were chargeable to VAT (See '2015-TIOL-1521-HC') New post-2020 climate change targets add up to 60% of global emissions (See 'Mixed Buzz') CBEC grants NFSG benefits to 113 JCs (See 'Promotion' in Pitara) Income tax - Whether Long term capital loss on sale of equity shares can be set off against Long term capital gain arising on sale of land - YES: ITAT (See 'Breaking News') Audit: Frequently Asked Questions (See 'DDT' Column) CBEC promotes 100 officers as JCs + promotes 177 Superintendent of Central Excise + Customs + Jai Prakash transferred from Bhopal to ADG (Inspection), Chennai + CC, Bhubaneswar gets addl charge of Kolkata (See 'Pitara') CX - Erroneous payment of duty on exempted goods does not make them non-exempted - No error in order of Tribunal in allowing exemption under Notification 89/95 to waste and scrap arising in manufacture of such goods: HC (See 'Breaking News') Income Tax e-filing is ready (See 'DDT') Core Sector growth doubles in May (See 'Mixed Buzz') Cus - Brokers Licencing Regulations - Under Regulation 20(1), notice to be issued within 90 days from date of receipt of offence report - SCN issued beyond 90 days is invalid and is quashed: HC (See 'Breaking News') Monitoring of effluents: 920 out of 2800 industries begin 24x7 vigil (See 'Mixed Buzz') Najib Shah - New Chairman of CBEC - Please clarify Education Cess (See 'DDT') Transfer Pricing - CBDT signs first APA in IT/ITes industry MAT on FII - Bombay HC stay on demand to continue as Revenue expresses desire to wait for Apex Court verdict in two pending cases Nagpur Airport Customs seizes 3 kg gold concealed in music system CBEC reduces tariff value across the board, including that of gold and silver (See 'What's New') ACC okays several JS-level Appointments, including that of two IRS officers (See 'Mixed Buzz') CBDT promotes 23 CCITs as Principal CCITs (See 'Promotion' in Pitara) CBDT issues Addl Charge order for CCITs (See 'Service News' in Pitara) Coal Scam: Former MoS(Coal) says all decisions relating to allocation of coal blocks were taken by Dr Manmohan Singh Committee of Secretaries recommends Najib Shah's name for CBEC New Chairman + two names for posts of Members Bombay HC permits Nestle to export Maggi Noodles CX - Availment of fraudulent CENVAT credit of Rs.5.64 crores without receipt of inputs & showing purported clearance of inputs as such - it cannot be said that credit has been reversed as buyers would have taken credit - Pre-deposit ordered of 7.5%: CESTAT (See 'Breaking News') What GST brought to Malaysia(See 'DDT' Column) I-T - Whether if property is sold under duress at lesser value as it was under litigation, provisions of Sec 50C cannot be mechanically applied to tax capital gains - YES: ITAT (See 'Breaking News') Proposed GST scenario for State of Jammu & Kashmir (See 'ST se GST tak' Column) ST - Construction Service - Notification 1/2006 - There is no specific bar in notification to disallow CENVAT credit of tax paid on Input services for previous period - Tax paid on Input services received prior to 01.03.2006 and credit taken on 01.04.2006 is legal and proper: CESTAT (See 'Breaking News') It is unfortunate that law enforcing/implementing agency chooses to ignore the law; somehow deny refund, without even considering legal options (See 'DDT') 'Compliance Window' under New Black Money Act - CBDT notifies Sept 30 as deadline for making declaration and Dec 31, 2015 as last date for making payment with penalty Najib Shah gets Addl Charge of CBEC Chairman (See 'Service News' in Pitara) PM to launch programme on digital empowernment of citizens today (See 'Mixed Buzz') Whether developers entering into agreements for sale of constructed apartments or flats prior to or during construction would be covered under term 'works contract' and hence were chargeable to VAT (See '2015-TIOL-1521-HC') New post-2020 climate change targets add up to 60% of global emissions (See 'Mixed Buzz') CBEC grants NFSG benefits to 113 JCs (See 'Promotion' in Pitara) Income tax - Whether Long term capital loss on sale of equity shares can be set off against Long term capital gain arising on sale of land - YES: ITAT (See 'Breaking News') Audit: Frequently Asked Questions (See 'DDT' Column) CBEC promotes 100 officers as JCs + promotes 177 Superintendent of Central Excise + Customs + Jai Prakash transferred from Bhopal to ADG (Inspection), Chennai + CC, Bhubaneswar gets addl charge of Kolkata (See 'Pitara') CX - Erroneous payment of duty on exempted goods does not make them non-exempted - No error in order of Tribunal in allowing exemption under Notification 89/95 to waste and scrap arising in manufacture of such goods: HC (See 'Breaking News') Income Tax e-filing is ready (See 'DDT') Core Sector growth doubles in May (See 'Mixed Buzz') Cus - Brokers Licencing Regulations - Under Regulation 20(1), notice to be issued within 90 days from date of receipt of offence report - SCN issued beyond 90 days is invalid and is quashed: HC (See 'Breaking News') Monitoring of effluents: 920 out of 2800 industries begin 24x7 vigil (See 'Mixed Buzz') Najib Shah - New Chairman of CBEC - Please clarify Education Cess (See 'DDT') Transfer Pricing - CBDT signs first APA in IT/ITes industry MAT on FII - Bombay HC stay on demand to continue as Revenue expresses desire to wait for Apex Court verdict in two pending cases Nagpur Airport Customs seizes 3 kg gold concealed in music system CBEC reduces tariff value across the board, including that of gold and silver (See 'What's New') ACC okays several JS-level Appointments, including that of two IRS officers (See 'Mixed Buzz') CBDT promotes 23 CCITs as Principal CCITs (See 'Promotion' in Pitara) CBDT issues Addl Charge order for CCITs (See 'Service News' in Pitara) Coal Scam: Former MoS(Coal) says all decisions relating to allocation of coal blocks were taken by Dr Manmohan Singh Committee of Secretaries recommends Najib Shah's name for CBEC New Chairman + two names for posts of Members Bombay HC permits Nestle to export Maggi Noodles CX - Availment of fraudulent CENVAT credit of Rs.5.64 crores without receipt of inputs & showing purported clearance of inputs as such - it cannot be said that credit has been reversed as buyers would have taken credit - Pre-deposit ordered of 7.5%: CESTAT (See 'Breaking News') What GST brought to Malaysia(See 'DDT' Column) I-T - Whether if property is sold under duress at lesser value as it was under litigation, provisions of Sec 50C cannot be mechanically applied to tax capital gains - YES: ITAT (See 'Breaking News') Proposed GST scenario for State of Jammu & Kashmir (See 'ST se GST tak' Column) ST - Construction Service - Notification 1/2006 - There is no specific bar in notification to disallow CENVAT credit of tax paid on Input services for previous period - Tax paid on Input services received prior to 01.03.2006 and credit taken on 01.04.2006 is legal and proper: CESTAT (See 'Breaking News') It is unfortunate that law enforcing/implementing agency chooses to ignore the law; somehow deny refund, without even considering legal options (See 'DDT')
 
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Making People Pay - The Economic Sociology of Taxation

Authored by Sibichen K Mathew
Published by Global Vision Publication House
No of Pages: 299
Price: Rs 599

Legal Corner Icon

By N Nityananda, CA

Legal Corner IconMANY novels and fictions are so gripping that readers once they start seldom stop till the last page. That cannot be said about books on Economics and more so on taxation!! Here is a well researched and multidimensional book on taxation, which makes an interesting reading of a dry (?) subject like taxation.

The book starts of with the question in every taxpayer's mind – Why should I pay taxes? The author has illustrated various justifications of the taxpayers for the tax evasion and dodging. The reasoning ranges from a fundamental issue of absence of reciprocal benefit from the state to the intolerable fact of tax evasion perceived in their surroundings. It is in this constant dilemma of a citizen, the book ‘Making People Pay' – the Economic Sociology of Taxation is to say the least – is the light at the end of the tunnel. The credibility of this book is higher as the author is a scholar on the subject and he has alongside direct experience in the tax machinery of our vast country.

The system of taxation has traveled a long way from the historic approach of a smooth process akin to a bee collecting honey from a flower to a world of legal complexity, administrative heterogeneity and political inconsistency. But has it taken the entire tax paying population alongside is a difficult question to answer. The book rightly analyses that the economic models are unable to capture the behaviors of taxpayers.

The chapter on Indian and global tax history makes an interesting reading. The evolution of taxation through a series of wars far and wide, colonialism and tax revolts are well captured. Today we read in newspapers about the crores of rupees of taxes paid by Bollywood and cricket stars. The book compares this trend with the tax regime during ancient India, particularly of 324 BC (Mauryan Kingdom), when dancers and actors paid good amount of taxes compared to the businessmen. The pilgrim taxes and taxation used as a tool of discrimination amongst religions by rulers of both ancient and medieval India.

Then comes the relationship and conflicts of ideology between Politics and Economics. Author has analyzed the dilemmas in public policy, as there is an inevitable conflict of ideology between the political commitments and long-term desirability of such commitments for the country. He has also critically analyzed the link between black money, voluntary political funding and public policy compulsions.

The heart of this book is the analytical discussions on the subjects of tax evasion and tax enforcement. The author displays his vast knowledge and experience while dissecting the causes and consequences of tax enforcement, particularly income tax raids. This may be the first such study in the world that has analyzed the sociological and economic aspects of the invasion to private lives by an enforcement agency. From the how and why of tax evasion to the interviews of those who were raided by the investigation wing of the department adds value to the reader. The study has results which are astonishing, to say the least 73% of the respondents say that the IT raid helped in organizing their business better and 84% say that they are more systematic in recording and maintaining the accounts and 53% say that they have achieved better financial results after the raid only. Only 15 to 32% complain of losing their business to losing their customers on account of raids. The research by the author also points out the 76% of the respondents agree that in recent years there is better tax compliance. But it is surprising to find that many taxpayers openly admitted that they evade their taxes even after an income tax search.

The book clearly showcases the modus operandi followed by tax evaders and the reasons for tax evasion as perceived by them. These facts are not collected from any official records, but from the data gathered from the taxpayers themselves. The author has also delineated the expectations of the taxpayers from the government, tax system and tax officials. His analysis of the fiscal challenges for the developing economies in the context of globalization and tax competition is scholarly and academically stimulating.

The book has its own share of humour with cartoons by gifted cartoonist Mr.Sajjive Balakrishnan. One cartoon depicts how ‘Speech is Silver' to a taxman and ‘Silence is Golden' to a taxpayer!!! The forewords written by the SSN Murthy, Chairman CBDT and M N Venkatachaliah, former Chief Justice of India are very inspiring and informative.

When I started reading the book, I was engrossed and when I completed the reading, I felt more enriched and rewarded. It is a must read to all citizens – young and old. The details can be found at http://makingpeoplepay.blogspot.com.


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