Wednesday, 25 September 2024

Don’t fall for it!


This blog is a real world that a genuine taxpayer of the country faces. No matter the health issues, no matter the availability of support, an individual who is either neck deep into running a successful business or is an agile/ailing human, who pays his tax in time duly and effectively has nothing to cherish. Except the only happiness is that, this taxpayer is paying for the protection of his country. I personally am paying taxes as part of it, is being distributed to defense sector.

The defense budget for 2024–2025 in India is Rs 6,21,940.85 crores, which is about 4.78% higher than the 2023–2024 budget estimate. This is the largest allocation of any ministry and accounts for 13% of the central government's total expenditure.

No doubt tax is required to be collected for road, railways, government hospitals etc. It is definitely for the welfare of the public at large. But with this comes an excessive burden on the socio-economic factors. We are also a good country since the tax rates are quiet low compared to the developed world. We should be happy that we are not restricted economy. We can be called a developing country. It is highly uneven and here are the reasons:

1.    Seniors of our country

Today you will barely find a senior citizen (person above age of 60) who will not require medical support. Whether he is well off or not, depending on his financial condition he will go to the like doctors or hospitals. If he can afford a posh hospital, he will go to such a place or else any cheaper medical facility like a clinic of some start up or not a well-recognized doctor. The point is that income does get reduced with the sky rocketing prices of medical facilities and doctor fees. There is nothing wrong about it, but is the Government allowing any higher deduction than petty Rs. 2000 u/s 80D of the Act? Why can a senior citizen paying for his own cost (unlike foreign countries where seniors are taken care of by their governments) claim the expenses for their support staff specially those who are physically challenged?

 

The Act, allow deduction of Rs. 1.75L u/s 80DDB. For which a certificate and a form needs to be filed before e filing the ITR.

 

2.    Lesser the taxpayers, higher the dependents

From 100 crore Indians, including the non-residents who stay abroad, 3 crore returns are filed in India. Present date records shows that some 7.08 crore returns were filed by 31st July 2024. Each year PIB publishes the data on the comparison. What is the success and joy all about? A compliance which is required to be made only to report an income against which most of the expenses are not allowed, which should be & also, multi faced reporting where a person has to disclose foreign incomes and foreign assets, GST and on top of that Tax Auditor has to report the taxpayer’s compliance not only under GST, PT, TDS but also any other law for time being in force.

 

From AY 24-25, the taxpayer also needs to report any expenses being claimed as business expense which is paid towards offence or which is prohibited by law outside India as well. So much is the policing that citizens run away from filing returns and try to escape.

 

Extract of PIB released on 2nd August, 2024

“The filing of ITRs peaked on 31st July, 2024 (due date for salaried taxpayers and other non-tax audit cases) with over 69.92 lakh ITRs being filed on a single day i.e. on 31st July, 2024. The e-filing portal also observed its highest per hour rate of 5.07 lakh of ITR filing between 07:00 pm to 08:00 pm on 31.07.2024. The highest per second rate of ITR filing was 917 (17.07.2024, 08:13:54 am) and highest per minute rate of ITR filing was 9,367 (31.07.2024, 08:08 pm).”

 

Is this an information! Or just a silly data which has nothing to do with any outcome and success.

 

The above construes that the family members will not do anything, and the financial burden will be that of man of the family, perhaps father. Hence, I connote that the highest taxpayers like Shah Rukh Khan who pays Rs. 92Cr as Annual Income Tax, is the father of the nation!!!

 

3.    Salary Class and the Professionals

Salaries class get refund. Pay low taxes and get away. What's there for professionals and businesses. Most deductions and slab rates are helpful for those earning only salaries.

The ones who grow the market, the so-called investors and the GDP of the country are taxed on even buy back as dividend now. The cost of those shares cannot be even considered as loss and set off if no capital gains for next 8 years. It shall lapse.

 

TDS gets deducted for the salaried class, but those into business and profession have to pay advance tax. In case of short fall, interest is charged - 3 different kinds u/s 234A/B and C. Why can’t the finance minister keep a single interest rate for such a default and that too at the time of filing the ITR and perhaps higher if she feels it is too less presently, possibly 18% p.a. instead of 12%.

 

4.    Interest on Refund – Lower when Govt has to pay us

A mere 0.5% interest per month when the government has to pay tax refund. The refund which is paid as per their free will. No time limits are followed specially when they try to set off and top up their treasury u/s 245 of the Act. A complete uneven and unbalanced approach.

When the govt wants to recover, we are only given 30 days to revert/ or pay. Still receive notices u/s 245. This is just too much. A harassment.

 

5.    No time limit for CIT Appeals and effect

Why should the appellant wait endlessly and send reminders to the Appellate Authorities to their jobs. Why can’t the system remind them to close the appeals and complete the orders. Why are only taxpayers receiving messages, emails and endless communications. Isn’t it bizarre?

 

Once the orders are passed, a copy of it goes to the Departmental Tax officer and the Appellant, why should the taxpayer (appellant) follow up for getting the effect of CIT appeal done against the original assessment order.

Ridiculous!

 

6.    Exempt if Govt doesn’t understand

If government doesn’t understand how to tax, they will exempt the income or purely put at MMR or 30% tax. There is no middle way. They cannot image anything in the slab rate. Why have two regimes.

 

Conclusion:

CAs are ridiculed by the PM in a ground full of 1000s of citizens on 1st July, ICAI Founding DAY! And the janta (general public) is expected to applaud. And they did! What a shame! They should have shouted shame! shame! and not clapped.

It is us who break the most complex law to easeful language. We disclose, present and represent. We built the submissions and we ensure compliance. So, what if take fees. Doesn’t the govt get exempt salaries?

 

Partners of a CA firm now being applicable to TDS on their remuneration. For what?

How does it matter if remuneration. How will the firm know profits before the year end to spend remuneration and fork it out. What is the year end remuneration is more than Rs. 30,000 and TDS is applicable from the first date of provision or payment? Who will understand that?

CAs are the Financial Soldiers of the nation! Your treasuries are full because of us.