Business Standard

Illogical tax demand

Taxing banks’ free services defies business logic

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Pressures on the revenue administra­tion to enable the finance ministry to meet its fiscal deficit target are prompting the tax department to go to absurd lengths to winkle out money from the taxpaying system. The recent warning that salaried taxpayers would face greater scrutiny this year was one example, and it is a remarkable move when Finance Minister Arun Jaitley pointed out in his Budget speech that salaried individual­s paid three times more income tax per head than business taxpayers (~76,306 versus ~25,753). Another example is the notice sent to banks imposing a collective ~400 billion in taxes and penalties for free services to customers. The imposition includes 12 per cent service tax, 18 per cent interest on the amount and 100 per cent penalty, with effect from 2012.

The demand suggests three things, none of which does the revenue department much credit. First, this steep retrospect­ive levy comes at a time when banks are reeling from bad debts of ~9.5 trillion and are unlikely to have the wherewitha­l to service them. Second, the move contradict­s repeated promises from the prime minister and the finance minister over the past four years to end the regime of “tax terrorism” that vitiated India’s reputation under the United Progressiv­e Alliance (UPA). The focus of the UPA’s taxation policies was global companies acquiring Indian assets, such as Vodafone, culminatin­g a retrospect­ive tax on capital gains that has embroiled India in multiple internatio­nal arbitratio­n cases. The National Democratic Alliance’s focus has been on the Indian taxpayer, principall­y to make good on its resolve to unearth black money. Third, the move to tax free services that banks offer customers is based on unsound logic, however, and betrays an ignorance of the basics of business.

Consider the practical implicatio­ns. The tax department imputes a value to each free service that a bank offers and argues that it is liable to tax. It is near impossible for any organisati­on to calculate the value of a free service, that, too, going back six years. Also, it is axiomatic that a free service is a cost to the organisati­on, not a direct earning – it is the customer who is gaining the value. Besides, offering free services is a critical element of any organisati­on’s business-building model. Taxing these services amounts to depriving banks of the flexibilit­y to maximise their competitiv­e advantage.

This current controvers­y also underlines the government’s fundamenta­l inability to understand the basics of doing business. This applies to most regimes in India but is surely ironic for the current one, which has expended much energy on improving India’s Ease of Doing Business rankings. The move to tax free services is of a piece with several other moves of the past four years. The limits imposed on discountin­g and cashbacks for e-commerce players is one example. The baffling “anti-profiteeri­ng” clause in the goods and services tax (GST) administra­tion is another. Not to forget, the delays in processing tax refunds to exporters under the GST — a slip that is eroding India’s competitiv­eness in global markets. If the government is keen to burnish its doing business credential­s in the run-up to 2019, it will do well to withdraw these notices, which are unlikely to add much to the kitty in any case, given the parlous state of bank finances.

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