Before every
budget the taxpayer expects shortfall in their tax payments and accordingly
recommend for the same. However we feel
there is urgent need to improve the tax
administration which help to reduce the tax terrorism in the country. Given below few pain-points of tax payers
from Income tax department (ITD) and suggestions before the government.
SN
|
Issue
|
Recommendation
|
1
|
For delay in filing Income tax return & E TDS
return by tax payer there is mandatory fine. Also there is big list of
penalty for any small error done by tax payer. However no
such fine or penalty is applicable on ITD for any delay or mistake.
|
The ITD should be penallised for any delay or
mistake. This will bring equal justice
in the law.
|
2
|
Tax payer receive 6% interest on any refund but
require to pay more than 12% interest for any payment
|
The rate of interest should be same for all
cases. This will reduce discrimination
in the law.
|
3
|
To match the tax collection target, ITD makes bogus
additions and create fake demand and immediately collect 20% tax payment from
tax payer. This creates hardship among
all the taxpayer.
|
The process of providing 100% stay on tax demand
should be provided. This will reduce
the process of bogus addition.
|
4
|
There is a misuse of Prosecution provisions in the
law . Wherever there is a question of
law, the ITD presume same as fraudulent and invoke penalty and
prosecution. Further ITD also given
targets to initiate prosecution which again causing hardship among all the taxpayer
|
The use of prosecution provisions should be use only
when men’s rea confirmed by Court.
|
5
|
The appellate authorities fear to take decisions in
the favour of tax payer resulting to accumulation of all issues before High
Court.
|
Necessary directions to be given to appellate
authority to dispose the case in
favour of tax payer when there is
question of law and not decided by HC and SC.
|
6
|
At present for a taxpayer there are multiple tax
officer like PAN AO, TDS AO, TPO, Int. Tax officer and CPC Officer.
|
The taxpayer should only have one tax officer.
|
7
|
At present there are multiple tax portal like
Incometaxindia.gov.in, Traces, reporting, tin-nsdl.com. further
this portal are not user friendly.
|
There should be one user friendly portal for all
need.
|
8
|
Other that ITR-1 all the Income tax forms are complex
resulting in errors.
|
All ITD forms should be such simple that can be
filled by any layman.
|
9
|
Now a days grievances raised in E Nirvana and CPGRAM
were closed without providing any resolution to the tax payer.
|
There should be a next level of escalation in the
case tax payer not satisfied with the closure of his grievance.
|
10
|
The ITD AO cannot do anything in case there is a
error done by CPC. Further its very
not possible to get any help from CPC which is a faceless department.
|
The ITD AO should be provided all access in case
there is any error done by CPC.
|
The above recommendations also applicable for GST
wherever applicable.
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