Taxation in India: Difference between revisions
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===Central Board of Direct Taxes=== |
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[[File:Indian Revenue Service Logo.png|thumb|[[Indian Revenue Service]] Logo]] |
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The Central Board of Direct Taxes (CBDT) provides essential inputs for policy and planning of [[direct taxes]] in India and is also responsible for administration of the direct tax laws through '''Income Tax Department'''. The CBDT is a statutory authority functioning under the Central Board of Revenue Act, 1963. It is India’s official [[FATF]] unit.<ref>{{cite web|url=http://www.gktoday.in/blog/direct-taxes-in-india/|title=Direct Taxes in India - General Knowledge Today|author=Guest|date=2016-01-27}}</ref> |
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'''Organisational Structure''' |
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The CBDT is headed by [[Chairperson, Central Board of Direct Taxes|CBDT Chairman]] and also comprises six members. The Chairperson holds the rank of Special Secretary to Government of India while the members rank of Additional Secretary to Government of India.<ref name="dor.gov.in">{{cite web|url=http://www.dor.gov.in/aboutus|title=About us -|website=www.dor.gov.in|accessdate=1 July 2017}}</ref> |
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* Member (Income Tax and Computerisation) |
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* Member (Administration) |
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* Member (Revenue and Tax Payer's Services) |
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* Member (Legislation) |
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* Member ([[Investigation Division of the Central Board of Direct Taxes|Investigation]]) |
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* Member (Audit & Judicial) |
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The '''CBDT Chairman''' and Members of CBDT are selected from [[Indian Revenue Service]] (IRS), a premier civil service of India, whose members constitute the top management of Income Tax Department.<ref>{{cite web|url=http://www.archive.india.gov.in/sectors/finance/index.php?id=10|title=ITaxation Laws: Central Board of Direct Taxes - Finance - Sectors: National Portal of India|author=Guest|date=2016-01-27}}</ref> |
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====Income Tax Department==== |
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{{Main|Income Tax Department}} |
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[[File:IncomeTax.jpg|thumb|Income Tax Department]] |
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Income Tax Department functions under the Department of Revenue in [[Ministry of Finance (India)|Ministry of Finance]]. It is responsible for administering following direct taxation acts passed by Parliament.<ref>{{cite web|url=http://www.incometaxindia.gov.in|title=Home - Central Board of Direct Taxes, Government of India|website=www.incometaxindia.gov.in|accessdate=1 July 2017}}</ref> |
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* Income Tax Act, 1961 |
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* Various Finance Acts (Passed Every Year in Budget Session) |
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Income Tax Department is also responsible for enforcing Double Taxation Avoidance Agreements and deals with various aspects of international taxation such as Transfer Pricing. Finance Bill 2012 seeks to grant Income Tax Department powers to combat aggressive Tax avoidance by enforcing General Anti Avoidance Rules.<ref>{{cite news| url=http://economictimes.indiatimes.com/news/economy/policy/union-budget-2012-gaar-empowers-i-t-department-to-deny-tax-benefits-to-companies/articleshow/12291369.cms | work=The Times Of India | title=Union Budget 2012: GAAR empowers I-T department to deny tax benefits to 'companies' | date=2012-03-16}}</ref> |
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===Central Board of Excise and Customs=== |
===Central Board of Excise and Customs=== |
Revision as of 08:15, 21 September 2018
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Part of a series on |
Taxation |
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An aspect of fiscal policy |
Taxes in India are levied by the Central Government and the state governments.[1] Some minor taxes are also levied by the local authorities such as the Municipality.[2]
The authority to levy a tax is derived from the
History
India has abolished multiple taxes with passage of time and imposed new ones. Few of such taxes include
Direct Taxes in India were governed by two major legislations,
Service tax
It is a tax levied on services provided in India, except the State of
From 2015 to currently, the gross tax collection of the Centre from service tax has amounted in excess of ₹2.10 trillion (US$25 billion).[11]
Central Excise
In 2015-2016, the gross tax collection of the Centre from excise amounted to ₹2.80 trillion (US$34 billion).[11]
- Central Excise Act, 1944, which imposes a duty of excise on goods manufactured or produced in India;
- Central Sales Tax, 1956, which imposes sales tax on goods sold in inter-state trade or commerce in Indisale of property situated within the state[12]
In the 2016 Union budget of India, an excise of duty of 1% without |date=4 March 2016 }}</ref> The government had earlier proposed an excise duty in the Budget 2011-12, which had to be rolled back after massive protests by jewellers.[13]
- Central Excise Tariff Act, 1985[14]
- Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000[15]
Constitutionally established scheme of taxation
Article 246
- List - I entailing the areas on which only the parliament is competent to make laws,
- List - II entailing the areas on which only the state legislature can make laws, and
- List - III listing the areas on which both the Parliament and the State Legislature can make laws upon concurrently.
Separate heads of taxation are no head of taxation in the Concurrent List (Union and the States have no concurrent power of taxation).[18] The list of thirteen Union heads of taxation and the list of nineteen State heads are given below:[18]
Central government of India
S. No. | Parliament of India |
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1 | Taxes on income other than agricultural income (List I(Union List), Entry 82) |
2 | duties (List I(Union List), Entry 83) |
3 | Duties of excise on tobacco and other goods manufactured or produced in India except (i) alcoholic liquor for human consumption, and (ii) opium, Indian hemp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol or any substance included in (ii). (List I(Union List), Entry 84) |
4 | Corporation Tax (List I(Union List), Entry 85)
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5 | Taxes on capital value of assets, exclusive of agricultural land, of individuals and companies, taxes on capital of companies (List I(Union List), Entry 86) |
6 | Estate duty in respect of property other than agricultural land (List I(Union List), Entry 87)
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7 | Duties in respect of succession to property other than agricultural land (List I(Union List), Entry 88) |
8 | Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freight (List I(Union List), Entry 89) |
9 | Taxes other than stamp duties on transactions in stock exchanges and futures markets |
10 | Tax on sales or purchase of newspaper and advertisement theirin;<P.M. BAKSHI> |
11 | Taxes on sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-State trade or commerce |
12 | Taxes on the consignment of goods in the course of inter-State trade or commerce |
13 | All residuary types of taxes not listed in any of the three lists of Seventh Schedule of Indian Constitution |
State governments
S. No. | State Legislate
|
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1 | Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues (List II, Entry 45) |
2 | Taxes on agricultural income (List II, Entry 46) |
3 | Duties in respect of succession to agricultural land (List II, Entry 47) |
4 | Estate Duty in respect of agricultural land (List II, Entry 48) |
5 | Taxes on lands and buildings (List II, Entry 49) |
6 | Taxes on mineral rights (List II, Entry 50) |
7 | Duties of excise for following goods manufactured or produced within the State (i) alcoholic liquors for human consumption, and (ii) opium, Indian hemp and other narcotic drugs and narcotics (List II, Entry 51) |
8 | Taxes on entry of goods into a local area for consumption, use or sale therein (see Value added tax ) (List II, Entry 52)
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9 | Taxes on the consumption or sale of electricity (List II, Entry 53) |
10 | Taxes on the sale or purchase of goods other than newspapers (List II, Entry 54) |
11 | Taxes on advertisements other than advertisements published in newspapers and advertisements broadcast by radio or television (List II, Entry 55) |
12 | Taxes on goods and passengers carried by roads or on inland waterways (List II, Entry 56) |
13 | Taxes on vehicles suitable for use on roads (List II, Entry 57) |
14 | Taxes on animals and boats (List II, Entry 58) |
15 | Tolls (List II, Entry 59) |
16 | Taxes on profession, trades, callings and employments (List II, Entry 60) |
17 | Capitation taxes (List II, Entry 61) |
18 | Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling (List II, Entry 62) |
19 | Stamp duty (List II, Entry 63) |
Central Board of Excise and Customs
Central Board of Excise and Customs (CBEC) is a part of the Department of Revenue under the Ministry of Finance, Government of India. It deals with the tasks of formulation of policy concerning levy and collection of Customs & Central Excise duties and Service Tax, prevention of smuggling and administration of matters relating to Customs, Central Excise, Service Tax and Narcotics to the extent under CBEC's purview. The Board is the administrative authority for its subordinate organizations, including Custom Houses, Central Excise and Service Tax Commissionerates and the Central Revenues Control Laboratory.[citation needed]
Organisational Structure
The CBEC is headed by CBEC Chairman and also comprises six members. The Chairperson holds the rank of Special Secretary to Government of India while the members rank of Additional Secretary to Government of India.[20]
Collections
In 2015-2016, the gross tax collection of the Centre amounted to ₹14.60 trillion (US$170 billion).[4][11]
Income Tax
Goods and Services Tax
Goods and Services Tax is a indirect tax collected on supply of goods or service.
- Central Tax: Portion of Tax to central government on intra state sales.
- State Tax: Portion of Tax to state on intra state sales.
- Integrate Tax: tax for inter state sales.
Custom Duty
Custom Duty is a indirect tax for goods when import or export. When import goods import from outside in the tax known as import custom duty. we goods export to outside India is known as export custom duty. The tax collected by
Local Body Taxes
"Local Body Tax", popularly known by its abbreviation as "LBT", is the tax imposed by the
Property Tax
Property tax, or 'house tax,' is a local tax on buildings, along with appurtenant land, and imposed on Possessor (certainly, not true custodian of property as per 1978, 44th amendment of constitution). It resembles the US-type wealth tax and differs from the excise-type UK rate. The tax power is vested in the states and it is delegated by law to the local bodies, specifying the valuation method, rate band, and collection procedures. The tax base is the annual rental value (ARV) or area-based rating. Owner-occupied and other properties not producing rent are assessed on cost and then converted into ARV by applying a percentage of cost, usually six percent. Vacant land is generally exempt. Central government properties are exempt. Instead a 'service charge' is permissible under executive order. Properties of foreign missions also enjoy tax exemption without an insistence for reciprocity. The tax is usually accompanied by a number of service taxes, e.g., water tax, drainage tax, conservancy (sanitation) tax, lighting tax, all using the same tax base. The rate structure is flat on rural (panchayat) properties, but in the urban (municipal) areas it is mildly progressive with about 80% of assessments falling in the first two slabs.[25]
See also
- History of the British salt tax in India
- Indian tax forms
- Investigation Division of the Central Board of Direct Taxes
- States of India by tax revenues
- Union budget of India
- Value-added taxation in India
References
- ^ "Welcome to India in Business : Investment". indiainbusiness.nic.in. Retrieved 14 November 2016.
- ^ "Directorate of Town Panchayats".
- ^ Article 265 of the Indian Constitution (PDF), archived from the original (PDF) on 9 September 2014, retrieved 2009-04-18
{{citation}}
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ignored (|url-status=
suggested) (help) - ^ a b "Tax Collection in 2015-16", The Times of India, 3 August 2016
- ^ "Inheritance tax on HNIs likely to be reintroduced", The Economic Times, 5 October 2017
- ^ "View: Government should reinstate wealth tax in Budget 2017", The Economic Times, 6 December 2016
- ^ "Direct Taxes Code Bill: Government keen on early enactment". The Times Of India. 16 March 2012.
- ^ "New service tax rate of 14% to come into effect from June 1". Times of India. 19 May 2015. Retrieved 21 May 2015.
- ^ "Swachh Bharat Cess will not be levied on services exempted from tax: CBEC". The Economic Times. The Economic Times. Retrieved 14 January 2016.
- ^ "Krishi Kalyan Cess at 0.5% Levy on all Taxable Services". 9 April 2016.
- ^ a b c "GST will change the way India does business: Who will win, who will lose", The Economic Times, 3 August 2016
- ^ Cite error: The named reference
Indian business
was invoked but never defined (see the help page). - ^ "Jewellers' strike: Govt seeks alternatives to excise duty", The Financial Express, 10 March 2016
- ^ "Simplified Central Excise norms for Jewellery Sector notified", Business Standard, 29 June 2016
- ^ "Sale of goods below cost will be accepted in certain circumstances for excise duty levy: CBEC", The Times of India, 17 January 2014
- ^ Article 246 of the India Constitution (PDF), archived from the original (PDF) on 9 September 2014, retrieved 2009-04-18
{{citation}}
: Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help) - ^ Seventh Schedule of the Indian Constitution (PDF), archived from the original (PDF) on 9 September 2014, retrieved 2009-04-18
{{citation}}
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suggested) (help) - ^ a b Distribution of Powers between Centre, States and Local Governments, archived from the original on 11 June 2007, retrieved 18 April 2009
{{citation}}
: Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help) - ^ "Ministry of Statistics and Program Implementation - Government Of India". mospi.nic.in. Retrieved 1 July 2017.
- ^ Cite error: The named reference
dor.gov.in
was invoked but never defined (see the help page). - ^ Direct Tax in India
- ^ Mhatre, Shridhar (29 July 2011). "What is Local Body Tax?". Amazing Maharashtra.
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(help) - ^ Rao, Ananthram (13 May 2013). "The draconian LBT: Local Body Tax explained". Money Life. Retrieved 14 May 2013.
{{cite web}}
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(help) - ^ Express News Service (1 August 2015). "LBT all but abolished, state's kitty poorer". Indian Express. Retrieved 1 August 2015.
- ^ Datta, Abhijit. (1992). Local Government Finances: Trends, Issues and Reforms, in Bagchi, Amaresh. et al. (Eds.), State Finances in India, New Delhi: Vikas Publishing House for the NIPFP...