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Revenue
LAST DECADE OF 10 YEARS Period 1975-1985 Introduction: The period from 1975–85 could be described as a period which witnessed grim battle between the tax administration and tax evaders. During this period, long term measures were adopted for the purpose of handling menace of black money. While the front ranks were busy taking measures to unearth black money, the vast machinery of the department was undergoing drastic changes. During this period, a number of new Directorates and Commissioners charges were created. These were to become, in coming years, specified agencies to intensify investigation & surveys, to expedite recovery of old taxes and come up as Centres for creating better climate inside the Department and outside, to facilitate smooth working. The revenue collected from Central Direct Taxes which was approximately Rs. 2,000 crores in 1975-76, came up to Rs.3,000 crores (about) in 1980-81 and over Rs.4,000 crores in 1983-84 (about).
Voluntary Disclosure Scheme In 1975, as a result of certain
political changes, unusual energy was generated in the country. The Income-tax
Department reacting to it rose to unknown heights under the very capable
stewardship of its Chairman, Shri S.R. Mehta. The activity in all fields
of functioning became manifold, the most prominent were the two areas,
(i) Search & Seizure, (ii) contact with public through mass media
of Radio and T.V. During the years 1974-75, 1975-76 and 1976-77, the No.
of search and seizure operations were 2029, 2635 & 3571 whereas in
1973-74 – the year proceeding this period, the number of search operations
was 538 and in 1977-78, the immediately succeeding year, it was 617 only.
As a result of this activity, fear had been struck in the hearts of tax
evaders that the arms of the Department were long and its officers neither
lacked the will nor the expertise to book the dishonest tax payers. This
atmosphere was considered ripe for floating another voluntary Disclosure
Scheme. On 8th October, 1975, President of the Republic of
India promulgated, by an ordinance, a scheme known as Voluntary Disclosure
of Income and Wealth. It was the fourth Voluntary Disclosure Scheme and
the fifth attempt of the I.T. Department to give the erring tax-payers
opportunity to disclose their hidden wealth. The first attempt was through
Demonetization of High Denomination notes in 1946, thereafter three Voluntary
Disclosure Schemes were introduced, first in 1951 and the second &
third in 1965. The system of introducing Voluntary
Disclosure Scheme was reviewed in detail by the Wanchoo Committee which
submitted its final report in December, 1971. Bases on results of replies
to a questionnaire issued for the purpose, the Wanchoo Committee observed
that a Voluntary Disclosure Scheme placed a premium on fraud and was unfair
to the honest tax-payer. The Committee strongly opposed the idea of introduction
of any general scheme of disclosure. They took into account the fact that
the total income disclosed in all the three earlier Voluntary Disclosure
Schemes put together was Rs.267 crores only which was a small fraction
of even the most modest estimate of concealed income of 15 years (1951
to 1965). The total tax yielded by the three schemes was Rs.61.23 crores.
The schemes therefore were not only found unfair to the honest tax-payer,
but also, they failed to achieve the objective of unearthing undisclosed
money. Whatever little was disclosed, observed the Committee, was mostly
already invested surreptitiously and so, the disclosure did not result
in any fresh investments either. Yet, in 1975 a fourth Voluntary
Disclosure Scheme was introduced and the results were spectacular. An
amount of Rs.1500 crores was disclosed by way of undisclosed income and
wealth. In his Budget speech for 1976-77, the Finance Minister commenting
upon the tremendous improvement in revenue collected, acknowledged that
one of the factors was ‘the relentless drive against tax evaders and other
economic offenders’. He also took cognizance of the ‘remarkable response
to the Voluntary Disclosure Scheme’. This Scheme, while it brought large
revenues to the exchequer, gave an unprecedented glory to the personnel
of the Income-tax Department. Every one working in the Department – officer
or official, got a bonus equal to one month’s basic pay. The then Chairman,
C.B.D.T. Sri S.R. Mehta was awarded Padama Bhushan. Besides, the emotional and financial
gains by the officers of the Department, there was another gain which,
over the years, has proved to be of great help. It was recognized that
the personnel of a Department which could do so well, deserved better
working & living conditions. A sum of Rs.12 crores was immediately
sanctioned for the purpose of constructing new houses. This was indeed
the hay day for the Department because its potential was recognized and
the need to strengthen its cadres was under scored. The Department had
proved itself. As a fall out of the above, during
this period, the man-power of the intelligence wing was enhance substantially
and it was also dispersed. At present, there is one or more Dy. Director
dealing with intelligence work in all major towns. All Commissioners have
atleast one ADI to deal with intelligence matters. In 1981, post of a
Director was created in the Directorate of Investigation to deal with
high level intelligence work. The strength of the intelligence wing as
on 1-4-84 is as follows.
Safemfopa 1975 was a year when several steps were taken by the Government to handle the menace of black money. On 5th May, 1975, an Ordinance was promulgated known as Smugglers & Foreign Exchange Manipulators (Forfeiture of Property). It became an Act in 1976. Under section 17 of the Act, officers of six specified Departments were empowered and required to assist the Competent Authority and the Appellate Tribunal for forfeited property. One of these was Income-tax Department. Naturally, this enlarged the area of functioning of the Department. In 1976, 4 posts of OSD in the rank of Joint Secretary were created in Bombay, Delhi, Madras & Calcutta, alongwith 4 posts of Deputy Directors and 8 posts of Asstt. Directors. In 1978, Ahmedabad was made a full fledged Competent Authority Charge and consequently, similar number of posts as for Bombay or Delhi Charge etc. were created for Ahmedabad as well. Given below is the organisational set up under Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act :
Survey
With effect from 1.10.1975, [Taxation
Laws Amendment Act, 1975 (41 of 75)] a new section 133A was inserted.
It gave extensive powers of survey to I.A.C., A.D.I., I.T.O. and to a
specified extent, to Inspectors when authorized by I.T.O. These authorities
henceforth could enter any place within the limits of the area assigned
to him/her or any place occupied by any person in respect of whom he exercised
jurisdiction, where a business or profession is carried on and could inspect
the books of account and other documents, check or verify the cash, stock
and other valuable articles or things found therein, place marks of identification,
make inventories as also record statements of any person which may be
useful for or relevant to any proceedings under this Act. Clause (5) of
section 133A gave powers to these authorities to record statements of
the assessee or any other person regarding expenditure incurred by an
assessee in connection with any function, ceremony or event after it has
taken place. During 1977, the C.B.D.T. formed a Departmental Committee comprising of senior Cs.I.T. The Tasks assigned to the Committee were directed towards issuing guidelines for making the period ending 1979-80 a period of intensive survey in which all the areas in a Commissioner’s Charge were covered. The Committee reviewed the performance in this direction and drafted guidelines for achieving the desired results. The Committee suggested that since survey had been visualized as a continuous process, it was desirable to assign "some staff exclusively to survey work". It was also suggested that I.T., W.T., G.T. & E.D. Laws should be amended to give the Inspectors, sufficient statutory powers of survey. In 1978, C.I.T. (appeals) were also given certain powers of survey. On 3.10.1979, comprehensive instructions for having effective survey & follow up, were issued. A separate Directorate known as the Directorate of Inspection (Survey) was created in October, 1981. 5 officers i.e. 1 Director, 2 Assistant Commissioners and 12 Assistant Directors were posted. Out of these, the post of Director alone has been properly sanctioned. Other officers have been posted by the transfer of posts from elsewhere. Settlement Commission
Wanchoo Committee in its report had made certain very important recommendations which were to have a far-reaching effect on the growth and functioning of the Income-tax Department. One suggestion resulted in the creation of ‘Settlement Commission’. While condemning the Voluntary Disclosure Schemes, the Committee had recommended that the door for compromising with an errant taxpayer should not, for ever, be closed. "A rigid attitude would not only inhibit a one time tax evader or an unintending defaulter, from making a clean breast of his affairs but would also unnecessarily strain investigational resources of the Department in cases of doubtful benefit to revenue, while needlessly proliferating litigation and holding up collections". They recommended that settlements may be entrusted to a separate body within the department to be called the Direct Taxes Settlement Tribunal. This body should be a permanent body with three members. The members should be given the same status as the members of the Central Board of Direct Taxes. They should be persons of known integrity and high sense of justice and fairness. The Taxation Law Amendment Act, 1975 inserted a new Chapter XIX A in the Income-tax Act and Chapter V-A in the Wealth-tax Act whereby the Government constituted a Settlement Commission w.e.f. 1.4.76 as a statutory body for the settlement of the cases. This institution has helped the Department to get over long and continued litigation in complicated cases. During the period 1976 to 1983, the Settlement Commission has settled 1213 cases of which only one case was admitted by the Supreme Court. The Direct Tax Laws Committee in its final report submitted in September, 1978 further recommended that all restrictions on the powers of the Settlement Commission to entertain cases should be removed. As a result of this recommendation w.e.f. 1.4.79, the powers of the Settlement Commission were further widened. Earlier, if the Commissioner objected to the application of an assessee from being proceeded with, the Commission could not proceed with it. The proviso to section 245D (1A) inserted w.e.f. 1.4.79 gave the Commission power to proceed with it, inspite of the objection but only after giving the Commissioner, opportunity of being heard. Besides the gain to revenue, the Department’s manpower increased significantly, as a result of the creation of Settlement Commission. Several new posts were created. In 1976, 14 posts (2 D.Is., 1 Secy., 10DDs. & 1 A.O.) became available. There has been no increase in the strength of personnel, since then. Special bearer Bonds
Although, the Government was doing every thing within its power, to contain the proliferation of black money through strengthening its own machinery etc. the problem continued to plague the economy of the country. Within six years of Voluntary Disclosure Scheme of 1975, the Government came out with the special bearer Bonds Scheme of 1981, vide ordinance No.1 of 1981, replaced by special Bearer Bonds (Immunities & Exemptions) Act of 1981. This Scheme provided for the issue of bearer bonds in fixed denomination. The investment carries a very low rate of interest. On maturity, the proceeds of the bearer bonds can be introduced in the regular books of accounts. No questions are to be asked at the time of introduction of the money in the books of accounts. This was an unusual device resorted to by the Government to utilise the concealed wealth of the people in a productive manner. IAC Assessment & CIT (Appeals) In 1977, assessment work was given to a large number of IACs. It had come to be recognised that good work done by specialised agencies either in the course of survey operation or in the course of search and seizure operation could be reduced to nought by a bad assessment. It had also been recommended by the Wanchoo Committee, that Senior Officers should be engaged in assessment work so that maximum benefit could be derived from their experience. As assessment work in bigger cases was entrusted to I.A.Cs. (Assessment), over the years, the number of IACs (Assessment) has increased considerably. To day, the number of I.A.Cs deployed on assessment work is 108. Summary Assessment Scheme During this period, the department not only took steps to sharpen its teeth in dealing with tax offenders but it also took steps to cut out the time taken for assessment in smaller cases and also to sort out disputed points at a higher level so that prolonged litigation could be avoided. The first objective was achieved through the increased use of the Summary Assessment Scheme already discussed in Chapter V. The second objective had been fairly achieved by setting up Settlement Commission. This (S.A.S.) scheme was first introduced in the year 1968. The purpose was to cover speedily a large number of small assessments without going into the detailed working and provide time for the officers to do intensive investigation into large income cases. With various modifications & under different nomenclatures, the scheme is going on, till date. Voluntary Compliance of Tax Laws The decade under review saw growing reliance upon voluntary compliance of the Tax Laws by tax-payers. It is a well recognised fact that enforcement of a law becomes easy when there is a voluntary compliance with the laws by the public. In the earlier stages of Income-tax Law and Administration, there was very little that the taxpayer was expected to do voluntarily. Over the years, the obligations which the taxpayer has to fulfil voluntarily have grown considerably and for the purpose, several amendments to the law have been made, casting various statutory obligations on the assessee. The start in this direction was
made, when years ago, the responsibility of filing the ‘Return’ of Income
was cast on the assessee. This shift in policy appears paradoxical in
view of the fact that Direct Tax Laws are not easy to comprehend and the
public is not keen to pay taxes. Yet of the various considerations which
might have been the cause of legislation leaning on this side, the main
cause appears to be the growing volume of work. The figures will give
an idea of the growth of work-load over a period beginning from 1974-75
to 1983-84.
Besides, statistics had shown that about 80% of the Revenue was being collected under those heads’ which placed for compliance, responsibility on the tax-payer such as advance-tax payment & payment of tax deducted at source. In these areas, the responsibility for compliance has been gradually increased and passed on to the tax-payers. Section 209A is a typical example & so is the ever increasing list of the sources of income from which the persons paying the money must deduct tax.
Public Relations
On its own part, during this period, the department undertook publicity for the benefit of the tax-payer in a big way. Liberal use has been made of Radio, Television, Cinema Slides and newspapers to inform the assessees of their statutory obligation. This has required the enlarging & strengthening of the Public Relations machinery of the Department. More than thirty year back, the Taxation Enquiry Commission (1953-54) had examined the problem of public relations and recommended several measures for improving public relations and for eliminating avoidable inconvenience to the public. The Direct Tax Administration Enquiry Committee also studied the problem in depth and made a large number of recommendations, many of which have since been accepted and implemented. The Administrative Reforms Commission also suggested that tax authorities should provide facilities to tax-payers with a view to projecting before them the image of a helpful guide rather than that of a rigid official indifferent to the difficulties of the asseessees. The Wanchoo Committee also envisaged an active role for the public relations wing of the Department and recommended the setting up of a Directorate of Publications and Public Relations to be incharge of all the publications required for the guidance of the officers and for the education of tax payers. At their annual conferences, Commissioners of Income-tax have been devoting considerable time and giving great importance to matters having public relations angle. Keeping in view the recommendations of the various Commissions, Committees and conferences, the steps so far taken cover the following specific functional areas :-
The above functions are briefly
discussed as under :-
(a) Provision of facilities to taxpayers
(b) Tax Payer Assistance
During 1982-83, 12000 copies of a booklet "Income-tax in India, 1982" deliniating the basic features of Income-tax in a language comprehensible to common taxpayer were distributed all over India and also to officers of Indian Embassies and High Commissions, all over the world. Another booklet titled "Income-tax for non-residents and Indian Nationals Abroad" was also distributed to taxpayers within the country as well as to Indian Missions abroad.
The Economic Administrative Reforms
Commission known as Jha Committee, has made several recommendations in
this behalf, on strengthening the role of Public Relations in the department.
These recommendations are yet to be implemented fully. Training
During this period, the Department also began to sponsor officers for training at premier institutions like the Indian Institute of Public Administration, New Delhi, Administrative Staff College, Hyderabad etc. It also started sending officials abroad for training. It must however be said that the training efforts of the Department continue to be lopsided in as much as there is no effort to utilise effectively the skills acquired by the officers who are deputed for training to institutions outside the department and abroad. There is also no system for evaluating the usefulness of the training.
The Committee had made some very valuable suggestions towards simplifying the Act. Towards administration, their recommendations were (a) that the existing cadre of Assistant Commissioners should be redesignated as Deputy Commissioners (b) that Income tax officers, Class I, in the senior scale, should be designated as Assistant Commissioners (c) that Income tax Officer’s Charges should be classified into senior scale charges and other charges so that the senior scale charges should be held by the newly designated Assistant Commissioners who may be empowered to perform all the functions and exercise all the powers of the assessing authority. (d) According to this Committee, appeals against assessment orders should lie to the Commissioner (Appeals). The Deputy Commissioners should be deployed exclusively on supervising, guiding and directing the work of assessing officers .(e) A new cadre known as Regional Commissioners should be created. The Regional Commissioners should have the status of additional secretary to the Government of India . They should be made responsible for administratively controlling, co-ordination and supervising the work of the Commissioners in their respective regions and should be accountable to the Board for the overall performance of their regions. (f) They recommended that Chairman of the Central Board of Direct Taxes should be given the status of a Secretary to the Government of India. The Committee also found that the manpower assistance given to the officers at various levels in the department was not adequate and recommended that it should be adequately augmented and that the officers should be provided with adequate office space, storage space equipments and aids. A very important recommendation of the Committee was that the amendment to the Income tax rules, should be made only once a year preferably in July and it should be notified by September so as to operate from the first of April of the following year. Where, however, an interim Amendment became absolutely unavoidable, it should be fully justified with adequate reasons as to why the change could not be made part of the Annual Amendment to the Rules. Jha Committee
The Committee also stressed the need to strengthen the training facilities available and to build up a sense of confidence and security among the officers and the staff. It should be ensured, it observed, that officers are not made to suffer for honest error, and the exercise discretion and judgment in the discharge of quasi-judicial function and are not subjected to ex-post facto questioning except in the course of appeal procedures. Promotions
In October, 1976, 20 additional posts of I.A.Cs. alongwith ministerial and other posts were sanctioned in order to cope with additional work arising out of implementation of newly inserted sections 144A & 144B.
A steady effort is thus being made to improve the promotional prospects of the officers and staff at all levels. For this purpose, the requirements of officers and staff are kept under constant review and work management studies are conducted by the Directorate of organisation and Management Services (Income-tax). Provision of Houses and buildings for staff and officers
The programme for providing residential accommodation received an impetus with the announcement by the Finance Minister in Jan., 1976 that a sum of Rs.12 crores would be earmarked for residential accommodation to be provided to the officers and staff of Income-tax, Customs and Central Excise Departments over a period of three years, Rs.2 crores during 1975-76, Rs.5 crores during 1976-77 and Rs.5 crores during 1977-78. During 1975-76, 510 ready built flats constructed by the Housing Boards, etc. were purchased at an estimated cost of about Rs.2.26 crores at Ahmedabad, Bhopal, Bombay, Delhi and Lucknow. During 1976-77, sanctions were issued for the construction of about 700 residential quarters at various places. In addition, 32 houses were purchased from the housing Boards at Lucknow and Bombay. In 1977-78, sanctions were issued for the construction of 1522 residential units of various types at places like Bhubaneswar, Calcutta, Coimbatore, etc. Some ready built houses were also purchased during the same year at places like Meerut, Moradabad, Bareily etc.
In 1979-80, approval for the construction of office buildings at Nagpur, Shillong, Ernakulam, Kota etc. at an estimated cost of Rs.2.05 crores was accorded. The construction of residential accommodation at Bhopal, Hubli etc. was also approved at a cost of about Rs.0.94 crores.
During the conference of Commissioners of Income-tax held in May, 1984 it was recommended that in every station where an Income-tax office is located the department should have its own accommodation. Where it is practicable within the time constraint, acquisition of land through land acquisition proceedings by the State Government was recommended to be resorted to. The percentage of satisfaction in respect of type I & II residential accommodation was desired to be at least 90% while that for other types i.e. III, IV, & V was aimed at 100%. As the construction of the quarters is likely to take long time, it was decided that to achieve the objective of 90% and 100% satisfaction, efforts should be made for purchase of ready built houses from Urban Development Authorities and builders. There has thus been increasing suitable office and residential accommodation and strenuous and honest efforts are being made to solve this problem. |
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