Sunday, 25 December 2016

Listen Election Commission set up KYPP norms - Know your Political Party

On 21st December Election Commission released a list of 255 political parties it delisted during the period February 2016 to December 2016.  I fully support the act of Election Commission to delist 255 political parties who exist only on paper and not contested any election since 2005.  

Some of the so called "Political Parties" are set up purely to launder money by avoiding taxes. How this happens?  Section 13A of the income tax provides as below
  1. Income by way of House Property or Income from Other Sources or income by way of voluntary contributions shall be excluded from income of a political party for purposes of income tax, meaning there are no taxes on these incomes
  2. The exception as in point 1 above is available only if political parties maintain full records of these income.  However here is the catch, voluntary contributions less than Rs.20,000 can be in cash and there is no requirement for political parties to maintain records of donors 
So a person can donate upto Rs.20,000 in cash (this can be done multiple times) and get back the same money back from the political party on a fictitious service through cheque thereby converting black money into white.  

A small statistics, in India 
  • there are 1851 registered & unregistered political parties of which
  • 7 are national parties and 58 state parties
  • Only 1/4th of these 1851 parties contested in 2009 & 2014 general elections, meaning majority the balance 3/4th parties exist only on paper 
On a review of the list of 255 issued by election commission as per a Hindustan Times report "Interestingly, the addresses given by some of these parties include home minister’s present residence, and lawyer’s chambers at Patiala House courts"

What an absurdity?  On one hand we common people are being put to huge hardship to erase black economy and which hardship the common person takes it on his / her stride to clean the economy.  However on the other hand there is a full blown conspiracy to create black money which happens right under the very nose of the Government?  

The Government should introduce with immediate effect the following steps

  1. Set up a KYPP (Know Your Policial Party) procedure / norm which should be enforced in full swing by election commission and all political parties should provide full details of their constitution and accounts.  Failure to do so within 6 months parties should be placed under temporary suspension and failure to provide within 1 year should  be permanently delisted.
  2. All accounts of political parties should be made public as done by corporates - no exception
  3. Set up an independent body under Election Commission to audit / check the accounts of political parties and challenge the numbers.  Delist parties whose accounts are not as per norms laid down by Election Commission
Dear Lawmakers / Bureaucrats tough and quick action is required here if we have to clean our political system and also to clean our society of the menace of black economy.

GST - its Legal Path

The Path taken till now briefly

It all started in 2000 when the then Vajpayee Government visualised implementation of GST and set up Empowered Committee headed by Dr.Asim Dasgupta. 

Task Force headed by Vijay Kelkar in 2004 recommended intergration of indirect taxes in India and set up GST

Finance Minister P Chidambaram in his budget speech on 28th February 2006 informed the house that GST will be implemented from 1st April 2010.

Consequent to the above announcement by Finance Minister an Empowered Committee was set up comprising State Finance Ministers and Central Government representatives. The Empowered Committee after much deliberation issued the First Discussion Paper in November 2009. 

Constitution (115th Amendment) Bill was introduced in Parliament by Finance Minister (UPA Government) on 22nd March 2011 to amend constitution to pave way for implementation of GST.

Constitution (122nd Amendment) Bill was introduced in Parliament by Finance Minister (NDA Government as earlier amendment bill lapsed due to completion of Parliament term) on 19th December 2014 to amend constitution to pave way for implementation of GST

Finally, The constitution (One Hundred and First Amendment) Act 2016 was enacted paving the way for implementation of GST in India.  
  • Passed in Rajya Sabha on 3rd August 2016 
  • Passed by Lok Sabha on 8th August 2016 
  • Received ratification by 18 States by 8th September (subsequently ratified by another 5 States)
  • on 8th September President gave his assent to the bill 
  • Notified as an Act on 8th September in Gazette 


The Constitution (One Hundred and First Amendment) Act, 2016 - Key Changes
  • Introduction of Article 246A, 
    • this gives powers for State Governments to make laws in respect to any matters listed in List 1 of Seventh Schedule (Central List) - in short it gives power to State Governments to tax Services also
    • 246A(2) gives power to Centre to tax interstate sales exclusively, States cannot tax interstate Sales
  • Deletion of Article 268A as it gives power to Central Government to levy Service tax, but no Service Tax exists under GST
  • Article 269A introduced which gives power to charge IGST by Central Government. Also this Article gives power to charge IGST by Central Government on Imports
  • Article 279A introduced for creation of GST council which is a constitutional body and which will be a joint forum of Central & State Governments.  It is a recommendatory body with Union Finance Minister as Chairperson and having representation from all States.  This GST council is empowered to make recommendations on issues of significance on GST
  • Amendment to Article 271, this withdraws the power of Central Government to levy Surcharge on GST.  Which means no Surcharge on GST at any time
  • Article 366(12A) introduced to define GST -  "any tax on supply of goods or services or both except taxes on supply of the alcoholic liquor for human consumption"
  • Article 366(26A) introduced to define services - "services means anything other than goods"
  • Entry 84 to Seventh Schedule amended to include Petroleum and Petroleum products (Crude Petroleum, Petrol, Diesel and ATF) under purview of GST.  However the act specifically provides that levy of GST on these products shall be decided by GST council and will be notified later

Monday, 19 December 2016

Goods & Service Tax

GST is a bold reform, which will bring in a significant transformation in the way we do business in India.  Challenge will be how we implement it successfully and effectively.