Collection and Recovery of Taxes in India: A Lacunae yet to be Fulfilled

Authors

  • Kaustav Ghosh Advocate

Keywords:

revenue, taxes, Article 265, Income Tax Act, 1961, remedy

Abstract

Tax can be defined as a mandatory contribution to the revenue levied and enforced by a government entity from the income or business profit of the individual or the organization. This mandatory contribution is involuntary in nature. Failure or evasion of paying taxes are punishable by law. It is a proverb that a fine is a tax for doing something wrong whereas a tax is a fine for doing something good for the civilized society. Every nation has own sets of law for governing taxes, has its own procedure for collection and recovery of taxes. Article 265 of the Constitution of India says, “No tax shall be levied or collected except by the authority of law”. Income Tax Act, 1961 as amended by Finance Act, time to time governs direct taxes and the Central goods and services tax Act, 2017 governs indirect taxes in India. India has dedicated Revenue Service Officers for collecting and recovering taxes. This article aims at finding the lacunae and suggest some remedy for better administration of taxes and performance of economy.

References

1. Hart Albert. Bushnell. Actual Government as Applied under American Conditions. United States: Longmans, Green, and Company; 1903.

2. Haniefuddin S, Shamshuddin Shaik, Shaik Khadar Baba. Statutory Regulations and Practice for Indian Business Management. Lulu.com; 2012.

3. Hunter William Wilson. The Imperial Gazetteer of India. Netherlands: Trübner, & Company; 1881.

4. Sinha Yashwant, Srivastava Vinay K. Indirect tax reform in India: 1947. To GST and beyond. India: SAGE Publications, 2020.

5. Hunter WW. The Indian Empire: Its People, History and Products. United Kingdom: Taylor & Francis; 2013.

6. The Cambridge Economic History of India. Vol. 1(C).1200c. India: Cambridge University Press; 1750; 1982.

7. Habib Irfan. The Cambridge Economic History of India. India: Cambridge University Press; 2005.

8. Facundo Alvaredo, Augustin Bergeron, Guilhem Cassan. Income Concentration in British India. 1885–1946. Online Appendix by p1, 2.

9. The Central Sales Tax Act, 1956. The Central Sales Tax Act, 1956. (Act No. 74 of 1956). [online] available at: http://wbcomtax.nic.in/Act_Rule_Schedule_Form/CST_Act.pdf.

10. Ministry of Law and Justice (Legislative Department). The Central Goods and Services Tax Act, 2017. no. 12 of 2017. April 12, 2017 [online] Available at: https://www.cbic.gov.in/resources//htdocs-cbec/gst/cgst-act.pdf.

11. The American Presidency Project. (2021). Message to Congress on Tax Revision. The American Presidency Project. [online] Available at: https://www.presidency.ucsb.edu/documents/message - congress-tax-revision.

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Published

2021-06-29