History of Direct Taxation
History of Direct Taxation
History of Direct Taxation
In India, the system of direct taxation as it is known today, has been in force in one form or
another even from ancient times. There are references both in Manu Smriti and Arthasastra to a
variety of tax measures. Manu, the ancient sage and law-giver stated that the king could levy
taxes, according to Sastras. The wise sage advised that taxes should be related to the income
and expenditure of the subject. He, however, cautioned the king against excessive taxation and
stated that both extremes should be avoided namely either complete absence of taxes or
exorbitant taxation. According to him, the king should arrange the collection of taxes in such a
manner that the subjects did not feel the pinch of paying taxes. He laid down that traders and
artisans should pay 1/5th of their profits in silver and gold, while the agriculturists were to pay
1/6th, 1/8th and 1/10th of their produce depending upon their circumstances. The detailed
analysis given by Manu on the subject clearly shows the existence of a well-planned taxation
system, even in ancient times. Not only this, taxes were also levied on various classes of people
like actors, dancers, singers and even dancing girls. Taxes were paid in the shape of gold-coins,
cattle, grains, raw-materials and also by rendering personal service.
The learned author K.B.Sarkar commends the system of taxation in ancient India in his book
"Public Finance in Ancient India", (1978 Edition) as follows:-
"Most of the taxes of Ancient India were highly productive. The admixture of direct taxes with
indirect Taxes secured elasticity in the tax system, although more emphasis was laid on direct
tax. The tax-structure was a broad based one and covered most people within its fold. The taxes
were varied and the large variety of taxes reflected the life of a large and composit population".
However, it is Kautilya's Arthasastra, which deals with the system of taxation in a real elaborate
and planned manner. This well known treatise on state crafts written sometime in 300 B.C., when
the Mauryan Empire was as its glorious upwards move, is truly amazing, for its deep study of the
civilisation of that time and the suggestions given which should guide a king in running the State
in a most efficient and fruitful manner. A major portion of Arthasastra is devoted by Kautilya to
financial matters including financial administration. According to famous statesman, the Mauryan
system, so far as it applied to agriculture, was a sort of state landlordism and the collection of
land revenue formed an important source of revenue to the State. The State not only collected a
part of the agricultural produce which was normally one sixth but also levied water rates, octroi
duties, tolls and customs duties. Taxes were also collected on forest produce as well as from
mining of metals etc. Salt tax was an important source of revenue and it was collected at the
place of its extraction.
Kautilya described in detail, the trade and commerce carried on with foreign countries and the
active interest of the Mauryan Empire to promote such trade. Goods were imported from China,
Ceylon and other countries and levy known as a vartanam was collected on all foreign
commodities imported in the country. There was another levy called Dvarodaya which was paid
by the concerned businessman for the import of foreign goods. In addition, ferry fees of all kinds
were levied to augment the tax collection.
Collection of Income-tax was well organised and it constituted a major part of the revenue of the
State. A big portion was collected in the form of income-tax from dancers, musicians, actors and
dancing girls, etc. This taxation was not progressive but proportional to the fluctuating income.
An excess Profits Tax was also collected. General Sales-tax was also levied on sales and the
sale and the purchase of buildings was also subject to tax. Even gambling operations were
centralised and tax was collected on these operations. A tax called yatravetana was levied on
pilgrims. Though revenues were collected from all possible sources, the underlying philosophy
was not to exploit or over-tax people but to provide them as well as to the State and the King,
immunity from external and internal danger. The revenues collected in this manner were spent
on social services such as laying of roads, setting up of educational institutions, setting up of new
villages and such other activities beneficial to the community.
The reason why Kautilya gave so much importance to public finance and the taxation system in
the Arthasastra is not far to seek. According to him, the power of the government depended upon
the strength of its treasury. He states – "From the treasury, comes the power of the government,
and the Earth whose ornament is the treasury, is acquired by means of the Treasury and Army".
However, he regarded revenue and taxes as the earning of the sovereign for the services which
were to be rendered by him to the people and to afford them protection and to maintain law and
order. Kautilya emphasised that the King was only a trustee of the land and his duty was to
protect it and to make it more and more productive so that land revenue could be collected as a
principal source of income for the State. According to him, tax was not a compulsory contribution
to be made by the subject to the State but the relationship was based on Dharma and it was the
King's sacred duty to protect its citizens in view of the tax collected and if the King failed in his
duty, the subject had a right to stop paying taxes, and even to demand refund of the taxes paid.
Kautilya has also described in great detail the system of tax administration in the Mauryan
Empire. It is remarkable that the present day tax system is in many ways similar to the system of
taxation in vogue about 2300 years ago. According to the Arthasastra, each tax was specific and
there was no scope for arbitratiness. Precision determined the schedule of each payment, and its
time, manner and quantity being all pre-determined. The land revenue was fixed at 1/6 share of
the produce and import and export duties were determined on advalorem basis. The import
duties on foreign goods were roughly 20 per cent of their value. Similarly, tolls, road cess, ferry
charges and other levies were all fixed. Kautilya's concept of taxation is more or less akin to the
modern system of taxation. His over all emphasis was on equity and justice in taxation. The
affluent had to pay higher taxes as compared to the not so fortunate. People who were suffering
from diseases or were minor and students were exempted from tax or given suitable remissions.
The revenue collectors maintained up-to-date records of collection and exemptions. The total
revenue of the State was collected from a large number of sources as enumerated above. There
were also other sources like profits from Stand land (Sita) religious taxes (Bali) and taxes paid in
cash (Kara). Vanikpath was the income from roads and traffic paid as tolls.
He placed land revenues and taxes on commerce under the head of tax revenues. These were
fixed taxes and included half yearly taxes like Bhadra, Padika, and Vasantika. Custom duties and
duties on sales, taxes on trade and professions and direct taxes comprised the taxes on
commerce. The non-tax revenues consisted of produce of sown lands, profits accuring from the
manufacture of oil, sugarcane and beverage by the State, and other transactions carried on by
the State. Commodities utilised on marriage occasions, the articles needed for sacrificial
ceremonies and special kinds of gifts were exempted from taxation. All kinds of liquor were
subject to a toll of 5 precent. Tax evaders and other offenders were fined to the tune of 600
panas.
Kautilya also laid down that during war or emergencies like famine or floods, etc. the taxation
system should be made more stringent and the king could also raise war loans. The land
revenue could be raised from 1/6th to 1/4th during the emergencies. The people engaged in
commerce were to pay big donations to war efforts.
Taking an overall view, it can be said without fear of contradiction that Kautilya's Arthasastra was
the first authoritative text on public finance, administration and the fiscal laws in this country. His
concept of tax revenue and the on-tax revenue was a unique contribution in the field of tax
administration. It was he, who gave the tax revenues its due importance in the running of the
State and its far-reaching contribution to the prosperity and stability of the Empire. It is truly an
unique treatise. It lays down in precise terms the art of state craft including economic and
financialadministration.
2.1World War II brought unusual profits to businessmen. During 1940 to 1947, Excess
Profits Tax and Business Profits Tax were introduced and their administration handed over
to the Department (These were later repealed in 1946 and 1949 respectively). In 1951, the
1st Voluntary Disclosure Scheme was brought in. It was during this period, in 1946, that a
few Group 'A' officers were directly recruited. Later on in 1953, the Group 'A' Service was
formally constituted as the 'Indian Revenue Service'.
2.2This era was characterised by considerable emphasis on development of investigation
techniques. In 1947, Taxation on Income (Investigation) Commission was set up which was
declared ultra vires by the Supreme Court in 1956 but the necessity of deep investigation
had by then been realised. In 1952, the Directorate of Inspection (Investigation) was set up.
It was in this year that a new cadre known as Inspectors of Income Tax was created. The
increase in 'large income' cases necessitated checking of the work done by departmental
officers. Thus in 1954, the Internal Audit Scheme was introduced in the Income-tax
Department.
2.3As indicated earlier, in 1946, for the first time a few Group A officers were recruited in the
department. Training them was important. The new recruits were sent to Bombay and
Calcutta where they were trained, though not in an organised manner. In 1957, I.R.S.
(Direct Taxes) Staff College started functioning in Nagpur. Today this attached office of the
Board functions under a Director-General. It is called the National Academy of Direct Taxes.
By 1963, the I.T. department, burdened with the administration of several other Acts like
W.T., G.T., E.D., etc., had expanded to such an extent that it was considered necessary to
put it under a separate Board. Consequently, the Central Board of Revenue Act, 1963 was
passed. The Central Board of Direct Taxes was constituted, under this Act.
2.4The developing nature of the economy of the country brought with it both steep rates of
taxes and black incomes. In 1965, the Voluntary Disclosure Scheme was brought in
followed by the 1975 Disclosure Scheme. Finally, the need for a permanent settlement
mechanism resulted in the creation of the Settlement Commission.
2.5A very important administrative change occurred during this period. The recovery of
arrears of tax which till 1970 was the function of State authorities was passed on to the
departmental officers. A whole new wing of Officers - Tax Recovery Officers was created
and a new cadre of post of Tax Recovery Commissioners was introduced w.e.f. 1-1-1972.
2.6In order to improve the quality of work, in 1977, a new cadre known as IAC (Assessment)
and in 1978 another cadre known as CIT (Appeals) were created. The Commissioners'
cadre was further reorganised and five posts of Chief Commissioners (Administration) were
created in 1981.
2.7Tax Reforms : Certain important policy and administrative reforms carried out over the
past few years are as follows :-
(a). The policy reforms include :-
• Lowering of rates;
• realignment of the available human resources with the changed business needs of
the organisation.
c. re-orient, retrain and redeploy the workforce with appropriate incentives in the form
of career advancement.
3. Important events affecting the administrative set up in the Income-tax department:
1939
Hotel Receipt Tax Act, 1980 came into force w.e.f. 1.4.1981.
1981
The I.T. Act and W.T. Act amended by Taxation Laws (Amendment and
Miscellaneous Provisions) Act :-
Established Settlement Commission.
Introduced Block assets concept for depreciation.
Four offices of Appropriate Authority for acquiring property in which
unaccounted money is invested set up in metropolitan cities.
1987
Director of Inspection
Insp. Asstt. Commissioner of I.Tax
Appellate. Asstt. Commissioner
Income tax Officer Gr. A
Income tax Officer Gr. B
Director of Income Tax
Dy. Commissioner of Income Tax.
-Do- (Appeals)
Asstt. Commissioner of I.Tax
Income tax Officer
Expenditure Tax Act 1987 brought into force.
1988
Furnishing details of bank account and credit cards in the prescribed form
made mandatory for refund purpose.
Prima-facie adjustments to return done away with; acknowledgments to
serve as intimations.
Samman Scheme introduced in 1999 to honour deserving tax payers.
2000
The Refund Banker Scheme was launched in Delhi and Patna charges.
Sevottam Scheme was launchedto standardize service delivery to the
taxpayers.
The first citizen-friendly single window Aayakar Seva Kendra (ASK)was
setup,for centralized receipt and registration of specified categories of
documents, including income tax returns.
The Income Tax Department became the biggest revenue mobiliser for
the Government in 2007-08, with its share increasing from 34.76%in
1997-98 to 52.75%in 2007-08.
All India Tax Network (TAXNET) was setup connecting more than 700
offices in more than 500 cities. Consolidation of 36 (RCC) independent
regional databases into a single centralized database (PDC or Primary
Data Centre) was carried out.
Integrated Taxpayer Data Management System (ITDMS) for drawing of
360° taxpayer profile was launched.
2008
Cyber Forensic Labs were setup to identify relevant digital data during
search and survey operations, recover hidden or password protected or
deleted data and store retrieved data in a manner so that it could be used
as evidence in judicial proceedings.
Electronic filing of Income Tax Returns Project was awarded Silver
Award in the category "Outstanding Performance in Citizen Centric
Service Delivery" under the National e-Governance Awardsfor the year
2007-08.
2009
INTERNATIONAL TAXATION