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Saturday, June 6, 1998

Another PAN in the making? 

B S Jindal & Akhil Jindal  
The Budget '98 is the best possible job considering that it has been able to denote stability and remove uncertainty out of the Indian tax structure. There has been some relief for the lower salary class employees and enhancement of the minimum taxable limit. There have hardly been any unpleasant surprises except the finance minister's proposal of "one by six" scheme which is going to have a wide-ranging impact on the tax evaders.

Under the existing provisions, it is obligatory for a person not furnishing return under sub-section (1) of section 139, but residing in a specified area or city and fulfilling any two of the four economic indicators to file return of income. But due to large data and some practical problems, the tax department was not able to enforce it fully. The matching of the two out of the four parameter apart from being an administratively onerous task provided an escape route to many potential assessee.

To plug the loopholes, it has been proposed to extend the economic indicators to six.If a person fulfills any of the six criteria, he will have to file the return of income.

The six conditions are:

  • Occupation of an immovable property exceeding a specified floor area by way of ownership, tenancy or otherwise: A person owning property or lessee tenant of an immovable property exceeding a specified area will come within the ambit of this section. Moreover, it impliees that in a case of a rented or a leased property, the owner and the tenant would both be covered by the provisions of this section.

  • Ownership/lease of a motor vehicle: A person owning a motor vehicle will be covered by this amendment. Further, as per the provisions of the IT Act, the ownership of a movable property is transferred by delivery. Therefore, a person in lawful possession of the vehicle would be hit by this section, which implies that being a registered owner would not be a pre-requisite for a person to come within the ambit of this section.

  • 1 Subscription of a telephone:A subscriber of a telephone will be covered by this section. However, a person using the telephone of a subscriber on a rental basis or otherwise for his own business or household purposes will perhaps not be covered under this amendment.

  • Expenditure on foreign travel: This amendment in law not only proposes to bring within the ambit persons incurring expenditure for their foreign travel but also those persons who have paid for the foreign travel of any other person. But it is proposed that the clause will not include travel to the neighbouring countries and places of pilgrimage.

  • Holding of credit card: This proposes to bring in its ambit people holding any credit card and using it instead of cash. This will also bring a large number of credit card holders within the tax net of the department.

  • Membership of a posh club where entrance fee charged is Rs 25,000 or more: This intends to bring in the persons who have become members of any posh or luxury club sprouting allover the country in the tax net.

    The most important change here is making it obligatory to file a return if any one of the above six criteria is fulfilled. The department can easily take details of the members and potential user of the above parameters and send them notices to file a return or face consequences. The only task which remains to be done is implementation of the proposal. With information now easily available and department equipped with supercomputer and latest infotech, it is only a matter of time that escaping the tax net will be difficult.

    The proposed amendment will take effect from August 1998 and will accordingly apply in relation to the assessment year 1998-99 and the subsequent years. That means one will have to file returns for the year ending March 31, 1998, and financial year 1997-98.

    Now there will be a complete change in the direct tax administration in the country. The liability to file a tax return which hitherto arose on the basis of the income of the person will now alsodepend upon his ability to bear certain expenditure as has been mentioned already. If a person has the ability to incur certain expenses, it will be presumed that he has a taxable income. Now only one has to wait and see if the department actually prepares such a database for quick assessments to catch the tax evaders, or it remains a distant dream as in the case of allotment of permanent account number (PAN).

    Finally, a word of advice for the tax evaders. File your return regularly or face strict consequences.

    Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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