The country witnessed the second anniversary of
demonetization some four months back. As done in the past, the opposition labelled it a
'scam' calling it a 'disaster' while the government battled hard to justify it
with the help of statistics. Though nothing substantial has come out to term it a scam but opposition is justified in calling it a disaster. After two years of its implementation, it may be inferred that it was a failure
in a sense that it didn't meet its intended objective. Though, the exercise did
see an increase in tax compliance and tax collection, it remains a short-term
achievement. It doesn't lead us to conclude that these tax payers would
continue to do the same in the future. So, what was expected from this
exercise? How far was that achieved?
After demonetization was announced, the nation was in
panic. Media didn't help initially and created chaos. Poor and illiterate
people believed that their hard-earned money was lost. It took some time to
realize that old currency notes were being replaced by the new ones. People
didn't understand the entire exercise. They were oblivious of the procedure
followed by the revenue authorities post their notes were deposited in their
bank accounts; many still are. However, many thought that with that one
decision the rich have become poor and many would be behind the bars for holding
black money. This was their desired outcome. But any sane educated mind would
have said that it was not practical for obvious reasons. It is pertinent to
note that, howsoever clean the intention of the government may be, this
decision didn't change the mindset of the people overnight. People developed
means to legalise their black money. There were agents who exchanged the old
notes against the new keeping thirty percent as their commission. So, the
culprits bypassed the banking system. Moreover, the cash was converted into
monetised forms like RTGS transfers and gold by officials of various banks and
the Reserve Bank of India. The officials were arrested later. There were many Non-Banking Financial Companies
which accepted cash in a deliberate attempt to help the offenders which drew
the attention of RBI resulting in the cancellation of their licenses but some damage was already done.
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Old Rs. 1000 notes were replaced by new Rs. 2000 notes
Source: Google Images
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But what about those who have deposited cash in the bank
accounts? How will they be penalised for tax evasion? The demonetisation
period would be under income tax assessment in the next year. The income tax
return for the year under consideration had a requirement in this regard. Every
assessee was expected to disclose the amounts deposited in his/her respective
bank accounts if the aggregate deposits exceeded Rs. 2,50,000/-. Later, the
income tax department was expected to issue notices to such assessees seeking
explanation for the deposits made (to initiate income tax assessment, the notices must have
been issued way back). Any explanation which lacks substance and found to be
ingenuine would be subjected to interest and penalty. The penalty could
be anywhere between 100 to 300 percent of the undisclosed income. This implies that the offenders are expected to pay tax more than what the money they had
deposited. But where does it end? An assessee may not oblige to the order of the revenue. An appeal would be made against the order to Commissioners of
Income Tax (Appeals) followed by Income Tax Appellate Tribunals and then High
Courts. This is a time-consuming exercise. Also, it is pertinent to note that
Income Tax Act is a civil law with prosecution being a part of the Act but
rarely used. Also, any prosecution proceeding can be initiated only with the
prior permission of Principal Chief Commissioner/Principal Director General of
Income Tax which would lead to a new series of litigation.
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New notes of the denomination Rs. 500 and Rs. 2000
Source: Google Images
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Demonetisation was more of a perception battle. The
government received appreciation in the initial days of this exercise but with
the passage of time, people started getting impatient. It was difficult to
believe that no politician and no prominent businessman was jailed for holding
black money. Also, many businesses got hit but the big fishes escaped. The
small and medium sector remained affected for a long time. The small traders sold
goods on credit keeping a track of the receivables. It was only after a year or
so, when the cash was back in the system the business regained its position.
The real estate market collapsed. The builders were left with no cash to pay
for the labour. Many laborers were left unemployed for long. The rural India
faced the major brunt as in the absence of banks in the vicinity, villagers
travelled far to deposit cash. Also, the villagers relied entirely on cash and
they were left with no business. The tall claims made by the Prime Minister about
Demonetisation affecting terrorism and left-wing extremism can't be easily
found out. Moreover, the sight of long queues and the inconvenience which
people faced do not seem to fade so easily. People wanted concrete results.
They were under the impression that offenders would be either jailed for the
wrongdoings or go bankrupt. The intricacies of law would not be appreciated by
them. The corruption in the Income Tax Department and other law
enforcement agencies is not unknown. Managing such cases by bribing officials
would make the task easy. It is practically impossible to strengthen the
surveillance and keep a check on every revenue official. Also, those keeping
observation may not be honest as well. Such complex repercussions are my
arguments against demonetisation.
What is for the government in the basket? After this big
step, now the government has data with it. It should judiciously use it to
catch the serial offenders. After the corporates and traders, professionals
evade tax at a massive scale. Doctors, lawyers, chartered accountants make huge
earnings in cash but don't disclose the same. Similarly, eateries and roadside
vendors (who make massive sales) must be scrutinized for not complying the law.
Many such vendors do not even file returns. Local contacts would be of great
help. Tax Deducted at Source (TDS) but not credited to the government is
another major revenue loss. However, this was not something that is known after
demonetisation but now they could be easily traced. Also, now there is information
about people filing tax for the first time disclosing heavy income and people
who had stashed black money abroad, they should be scrutinized every year to
keep them in check.
The demonetisation may have been well intentioned but it
was bound to fail in a chaotic democracy like India. The move did offer some
pudding and brought many people into the formal economy. It had power to remove
the demons of corruption and black money. But it proved to be another source of
corruption. Any sagacious government should have done away with this. It
is a lesson to avoid self-goals.
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