Saugata Roy speaks on the amendments to the Finance Bill as recommended by Rajya Sabha

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Sir, yesterday the Rajya Sabha took up a discussion on the Finance Bill, 2017 and they have sent back the Bill with five different amendments.

What is the procedure in the case of a Money Bill? Article 109 (4) says that “if the House of the People does not accept the recommendation of Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.”

But there is also another provision in the rules to which I draw the attention of the Finance Minister. He can also accept some of the recommendation of the Council. In the Article 107 it says “if the House accepts any amendment or amendments as recommended by the Council the Bill shall be deemed to have been passed by both Houses with the amendment or amendments as recommended by the Council.

This means, this House can also accept the amendments that has been placed by the Rajya Sabha. Now, the question is whether the government should respond to the call of the Council of States and accept some of the recommendations that have been made.

What are the recommendations that have been made? Before I speak on that, let me point out that at the time of discussion on the Finance Bill, we had mentioned that many Acts had been amended through the Finance Bill which should not have been done. Apart from ten Acts listed in the Bill, large number of changes in the matter of tribunals was made. We had said that this need not have been included in the Finance Bill, which is a Money Bill. The government stormed over all our Amendments and went ahead.

We also mentioned that one of the provisions in the Finance Bill is to link the Aadhaar number to the PAN Card; we had objected. But since then Supreme Court has given an observation, that for any public interest programme, like the mid-day meal scheme or for receiving subsidies, Aadhaar Card should not be made compulsory. We had raised this issue about the Aadhaar Card being made all powerful.

Another point has been made that whether overuse of Aadhaar Card is leading to leakage of data and breach of privacy of individuals. It will contain all my details and if everything is linked to the Aadhaar Card, government will have at its fingertips any facts about the private accounts of any individual. We object to this.

Another thing we had objected at the time of passing the Finance Bill in Lok Sabha, was the matter of electoral bonds and electoral funding. It has been included in the Finance Bill. There should be a separate law for ensuring transparency in electoral funding. Instead, it has been included in this ‘omnibus’ Finance Bill.

Now, having made these points let me go to the actual amendments made by the Rajya Sabha. One is, Rajya Sabha has said that in Section 132 (A), the Amendment is to Clause 51. It is to be deleted according to Rajya Sabha. Clause 51 deals with, Section 132 (a) of the Income Tax Act – the power to requisition books of accounts etc. In the Finance Bill it was mentioned that for the removal of doubts it is hereby declared that the reason to believe as recorded by IT authorities under this section will/shall not be any person or any authority. So power to requisition books will be there and it will not be revealed to any individual. I think it is a direct assault on the right of the individual and the Rajya Sabha has recommended that this assault should not be there.

There are two more recommendations that the Rajya Sabha has made regarding Clause 52 and Clause 53 both of which deal with section 133 and 133 (a) of the Income Tax Act; they also should be removed . Section 133 of the Income Tax Act is the power to call for information and section 133A is power of survey. It is draconian that somebody will have the power to move anything without having to disclose the reason. This is draconian and goes against the rights of the individual. So, in that sense, I think the Finance Minister should accept the recommendation.

Sir, the main matter, main objection that we have is with regard to electoral funding as has been mentioned in Clause 154 of the Finance Bill as passed by Rajya Sabha. There the amendment has suggested that the word we shall not be above 7.5% of net profit of the last three financial years. The Finance Bill as placed by the Finance Minister says that not every company shall disclose in its ‘Profit and Loss’ account the total amount contributed by it under the Section during the financial year. In this case, if a company contributes whole of its profit to the ruling party then that would be legally sanctionable. The Rajya Sabha amendment calls upon a restriction of this contribution by political parties.

The other thing is regarding The Company’s Act, where the Rajya Sabha has suggested that provided further that there shall be a requirement to disclose the names of the political parties to which contributions have been made. There is no such restriction in the present law; it says, after line 40, that a company may make contribution through any instrument issued in pursuance to any scheme notified under any law for the time being in force for the contribution to the political party. The main demand of the Rajya Sabha is that the names of those who are contributing should be revealed. I think that this is a very reasonable amendment. The Finance Minister himself belongs to the Rajya Sabha; he may once go through the wishes of the Council of States and agree to at least one of the recommendations of the House to which he belongs. It would only be democratic.

Madam, our contention is that the bicameral system is there for checks and balances. Just because a party has the majority in the Lok Sabha, it should not ride roughshod over the opinions of the other House. That’s why it is my humble submission, Madam, that I mentioned these matters which have been done. I am again saying that the procedures of this House are being violated in the sense that we are making the Finance Bill a comprehensive compendium of different laws instead of a plain Bill to announce the tax proposals of the Government. In general, we have objected to it and again we support the amendments made in the Council of the States.

Sukhendu Sekhar Roy makes a Point of Order on the Finance Minister’s reply on Finance Bill

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First of all, the “reasons to believe” cannot be unreasonable. If the Court has the power to hear an aggrieved person on this point, why should the Appellate Tribunals not hear?

Therefore, it appears from the statement of the Hon. Finance Minister that the Government will not consider the demand made the Opposition parties. So, we are staging a walkout.

 

Vivek Gupta speaks on the Finance Bill

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Thank You, Sir, for giving me an opportunity to speak today. Sir, as the Finance Bill is a little disturbing for me because my State – আমার সোনার বাংলা – my West Bengal is going to be deprived of Rs 4,000 crore every year just on account of non-division of the cess and surcharge that the Central Government is going to collect. Sir, the cess and surcharge over the last two to three years have jumped from a mere amount of Rs 20,000 or Rs 30,000 crore to 1.7 lakh crore.

Sir, rough pen and paper calculation shows that West Bengal will be deprived of Rs 4,000 crore because cess and surcharge is not shared with the States. Sir, what is more intriguing is that all the people who have spoken before me in the Council of States, have chosen not to raise this point because each and every State will get affected from this point.

Sir, the Finance Minister made forty amendments in Lok Sabha. I request him to make similar amendments here and remove all cess and surcharge and include them in the taxes, so that the States also get a share.

Sir, enough has been said before me but I would like to draw your attention to a few things. Sir, the tribunals have been merged and a lot of changes have been done. Sir, enough has been said about Money Bill. I just want to quote something, Sir. The Supreme Court, in the Madras Bar Association vs Union of India, in 2014, had held that “appellate tribunals have similar powers to High Courts and hence matters related to appointments should be free from the executive involvement.” Sir, I urge, through you, that all the tribunals, which are now being put under the executive control, should be free from executive control so that their independence is maintained.

Sir, Clause 50 of this Finance Bill is a very interesting clause. This government, our Prime Minister and Finance Minister, both of them have repeatedly said that they will not do any retrospective changes and they will not do any tax terrorism. But Sir, if you see Clause 50 and Clause 51 they have done exactly the same.

Sir, first I’ll refer to Clause 51 and I will just read from there. “In Section 132 of the Income Tax Act, in Sub Section 1, the following explanation shall be inserted and shall be deemed to have been inserted with effect from the first day of October 1975”. Sir, if this is not retrospective change, I fail to understand what is retrospective change.

Sir, another draconian provision, Clause 50, in section 132, Sir, where they are saying, “shall not be disclosed to any person of authority or Appellate Tribunal’. Sir, I was going through the Honourable Finance Minister’s reply in the Lok Sabha where he said he is doing it because he wants to protect the person who is giving the information. Sir, I am sure there is the Whistleblowers Act and other Acts that provide some confidentiality. Don’t disclose the name of the person but at least the reason can be given at the Appellate level. Sir, why is the assessee being denied a chance to defend himself? Why should he not know why the Income Tax people are doing certain seizure on him? Then again, Sir, 9(b) of Clause 50 says, merely by getting the sanction of the Director General provisionally any property can be attached. Sir, I think we are going back to the dark ages. I don’t know what will happen.

Sir, as I have said before, frequent changes – as many as 40 amendments – have been made in the Finance Bill on the day it was introduced in Lok Sabha. But, if you see this Finance Bill, here more than 300 amendments have been made. Sir, why does a tax law need so many amendments and so many changes every year? Why can’t we have a thorough discussion once and for all and move for a simplified ease of doing business, as this Government claims.

Sir, I just have three questions for the government. Sir, the Finance Minister in his reply to the Lok Sabha said that the RBI is still checking for fake notes in the currency deposited during demonetisation. Sir, I would like to know – whenever the Finance Minister speaks – how much loss has the RBI suffered on account of accepting fake notes? RBI’s loss means ultimately we are suffering.

He also said that there are many instances where people with five PAN cards have been discovered. Sir, I would like to know what is the number of such people who have been prosecuted. How many people have been discovered with multiple PAN cards?

And Sir, the last point. Even the Law Minister himself said on the floor of the House that in 46% cases, the government is the litigant. Is there any plan to reduce this reputation? Are they planning to file cases based on merit and not just on a monetary limit? Right now there are monetary limits for going to higher courts but not on the merit of the case.

Thank you.

 

Trinamool’s Derek O’Brien makes a Point of Order in Rajya Sabha on the Finance Bill

FULL TRANSCRIPT

Sir, today there are 11 Private Members’ Bills. The spirit of the House is NOT to take up legislations after Private Members’ Bills. This is the understanding we have. The Finance Bill should not be taken up at 5 PM after Private Members’ Bills. This is not about the Finance Bill alone. After Private Members’ Bills, collapsed or not collapsed, no legislation should be taken up.

 

Saugata Roy speaks on the Finance Bill

FULL TRANSCRIPT

Sir, I rise to speak on the Finance Bill on behalf of my party, the All India Trinamool Congress. Sir, this Finance Bill when it was presented on February 1, 2017 had 150 clauses and 7 schedules. But strangely enough the Finance Minister in his series of amendments – which we received today – added 33 new clauses and 2 schedules. This is unprecedented and we have already protested.

The ruling party has done this after the UP victory. They think that they can write-off or overrule all rules, conventions and procedures. Otherwise I do not understand why in Finance Bill – which is supposed to detail the taxation proposals of the government – they have brought in the abolition or uniformisation of the tribunals, which have no relation to taxation proposals directly.

I may read names of some of the tribunals: Copyright Board, Railway Rates Tribunal, National Highways Tribunal, Cyber Appellate Tribunal, Competition Appellate Tribunal. These have no relation with taxation proposals but still the Finance Minister has forcibly overridden  Article 110 of the Constitution and the traditions of the House.

Now as we know that the taxation proposals are mainly related to the different taxes that we have in this country like – Corporation Tax, Income Tax, Customs, Excise Duty and Service Tax. If we see the Budget of this year, 19% of the income of the government comes from Corporation Tax, 16% comes from Income Tax, 9% from Customs, 14% from Excise and 10% from Service Tax. So, the direct taxes are 35% and indirect taxes are 33%.

Now in a properly running economy, Direct Taxes should be much more than indirect taxes because indirect taxes are basically inflationary. We find that in this Budget both are roughly equal.

You also know Sir that there is the Laffer curves in Economics which says, the higher the taxation rate the lower the collection. There has been no significant effort to lower the taxation rate so that collections could be improved. The whole Budget has been formulated in the backdrop of two important steps: one is the reckless demonetisation ordered by the new government on November 8, 2016 and the other is the shadow of the GST.  

The GST is coming into effect from July 1, 2017; both excise duty and service tax will be subsumed within the GST. The government has formed this budget with the expectation that GST would give rise to better collection. For the funding of such expenditure, government has increased money for infrastructure etc. Now where will the money come from?

The funding of such expenditure seems to be left to the mercy of implementation of GST which is likely to bring in more taxes to the Centre and States as also transfer of resources from the tax evaders to the Government through demonetisation. However evidence from cross country studies, Sir, this is important, has pointed to the contractionary effects of GST in the short term, particularly in the year of imposition. Thus tax revenue will be reduced. It is likely that tax revenue will fall this year.

That’s why Mr Jaitley, Sir, has not been revolutionary. Even with UP election he was very careful to give things to the common people. He just gave a mild compensation on Income Tax but people’s expectation was that the exemption limit would be raised to Rs 5 lakh. He did not give that. There was also a talk of farm loan waiver which the government has not given.

Demonetisation was Mr Modi and Arun Jaitley’s big gamble. They expected a bonanza due to demonetisation. People would deposit money and not withdraw and the money would remain with the bank, which they would distribute. However, roughly Rs 15 lakh crore was demonetised but almost Rs 15 lakh crore was deposited. Mr Jaitley or any other Minister will never reply if asked how much of money was deposited because they do not know.

The second question is how much money is required to remonetise i.e printing of new notes. I have not yet got an answer till date from the government. my estimate is that it will be Rs 20,000 crore. For one decision of Mr Modi Rs 20,000 crore will be spent now. How much extra tax did they get through demonetisation, after scrutinising all accounts? Only Rs 6,500 crore. So demonetisation has been a total loss.

The government gambled and it was a risky gamble which crushed the small farmers, the artisans, the daily labourers. One day the government will have to the pay the price, may be not in political terms.

Tax revenues may not perk up in 2017-18 when crude prices may be higher and corporate profits growth weak. The Centre has committed to reimburse State Governments for revenue losses post-GST. It has also guaranteed growth annually. If the initial year of GST is poor in revenue accruals, then where will it get the money? If the first year does not throw up enough money – the Rs 21 lakh crore Budget Mr Jaitley has proposed – where will this money come from? I do not know.

Earlier it was thought that compensation to States would amount to Rs 50,000 crore per year. but after demonetisation, most States have seen a drop in tax revenue and compensation figures may swell to Rs 90,000 crore. The Finance Minister’s pockets are empty. Where will you pay the compensation to the States from is not quite clear from the figures.

The Budget hence was little more than an exercise in damage control. It had a long list of giveaways and Government programmes in the context of demonetisation hurting the economy, but little in the way of job-creating reforms. One million people are joining the job market in India every year. In 2015, only 1.35 lakh new jobs were created in this country. Every year we are creating an army of unemployed.

You look at Mr Jaitley’s speech. Where is the promise for giving employment to the people? You tax, you demonetise, you introduce GST, you talk big, you say infrastructure, but where are the jobs? That is the question. The Budget encourages companies to remain small because they are giving concessions to smaller companies but not to bigger companies. So they are saying, remain small. You need not bother.

The Budget needed to do something to revise investment since private investment showed no signs of recovery. Madam, I’ll end by saying two points. The Government is going for privatisation. Today the Finance Minister announced he is going to disinvest Bridge and Roofs (Kolkata), Bharat Pumps, Scooters India, Hindustan News Mills and eight more companies. They are destroying the basis of the public sector in India. I totally oppose these disinvestment proposals of the government.

Lastly, the Budget does not tell us how much black money has been recovered so far. The Finance Minister in his Budget speech said that India is a tax non-complaint society. He has not shown a way by which he will be able to mop up more resources from the rich and give more relief to the poor so that the economy improves.

With these words, I end my speech. Thank you, Madam.

 

Dr Amit Mitra moves Finance Bill that would benefit 1.06 lakh traders

State Finance minister Amit Mitra on Friday tabled the West Bengal Finance Bill, 2017 which is likely to give benefit to 1.06 lakh traders.

Tabling the Bill, Dr Mitra said it would give relief from payment of tax to dealers having turnovers more than Rs 10 lakh and upto Rs 20 lakh by increasing the threshold of the turnover for VAT liability from the present Rs 10 lakh to Rs 20 lakh. So long, traders having turnovers upto Rs 50 lakh used to enjoy the benefit of the composition scheme.

From now onwards, small manufacturing dealers with upto Rs 50 lakh turnovers have been brought under the scheme. The mandatory VAT audit report has been removed and this is going to benefit businessmen immensely. Mitra said that the state government would give benefit those dealing with biodiesel by completely exempting tax.

Similarly, those doing business with hairbands and hairclips would not have to pay tax. Such benefits would be extended to those dealing with water heaters, kerosene stoves, leaf plates and cups and terracotta tiles. The rate of tax has been lowered from 14.5 percent to 5 percent on sale of machinery for generation of electricity from waste.

Dr Mitra said the steps would help small traders and manufacturers whose number would be around 1.06 lakh. The Bill also seeks to amend the Indian Stamp Act, 1899 and the West Bengal Taxation Tribunal Act, 1987. Also, the West Bengal Tax on Entry of Goods into Local Areas Act 2012 was sought to be amended.

Dr Mitra also said as an effect of demonetisation, middle class people were finding it difficult to buy flats as they have to pay seven per cent stamp duty on the value of the property on the date of booking a flat or a housing property. It may be recalled that the state government has decided to give Rs 50,000 to 50,000 craftsmen who used to work in other states in the gems and jewellery industry and those who lost jobs due to demonetisation.

The state government has also enhanced the remuneration of anganwadi and Asha workers by Rs 500. The West Bengal Appropriation Bill was passed by the state Assembly on Friday with the House approving Rs 14,708 crore as additional expenditure for social infrastructure projects.

Moving the Appropriation Bill 2017, state Finance minister Amit Mitra said a sum of Rs 14,708 crore would be spent for social infrastructure projects like housing, rural electrification and supply of rice to APL and BPL families. A sum of Rs 3,137 crore would be spent on supplying rice to families belonging to the APL and BPL categories, Mitra said, adding Rs 1,022 crore was proposed to be spent for rural electrification.

 

বিধানসভায় ফিনান্স বিল পেশ করলেন অর্থমন্ত্রী অমিত মিত্র

‘‌মা–‌মাটি–‌মানুষের বাজেট পাখির চোখে দেখতে হবে। ৩৫ মিটার উঁচু থেকে দেখুন। বুঝতে পারবেন সাধারণ মানুষের দৈনন্দিন সমস্যা মোকাবিলার লক্ষ্য নিয়ে আমরা বাজেট করেছি।’‌ বৃহস্পতিবার বাজেট আলোচনায় বিরোধীদের সমালোচনার জবাব এভাবেই দিলেন অর্থমন্ত্রী অমিত মিত্র।

ফের বিরোধী সদস্যদের তিনি বোঝালেন, মুখ্যমন্ত্রী মমতা ব্যানার্জির সরকার পরিচালনার চিন্তাভাবনার কথা মাথায় রেখেই এই বাজেট করেছেন তিনি। বোঝালেন, নোটবন্দীতে ভয়ঙ্কর ক্ষতিগ্রস্ত একেবারে নিচুতলার মানুষ। তাঁদের একটু সাহারা দেওয়ার লক্ষ্যকে সামনে রেখেই এই বাজেট পরিকল্পনা করা হয়েছে। আর এই বাজেটে ভর করেই বাংলা নতুন দিশায় পা বাড়াবে, ভারতসেরা হয়ে উঠবে।

অর্থমন্ত্রী তাঁর ভাষণে জোর দিয়েছেন নোটবন্দী দশায় অসহায় শ্রমিক–‌কৃষকের সহায়তার প্রশ্নে। বলেছেন, এটা মমতা ব্যানার্জির সরকারের বাজেট, তাই মানবিকতাকে বিশেষ জোর দিয়েছেন তিনি। কীভাবে রাজ্যের জিডিপি বছরের পর বছর বাড়ছে আর তা কেন্দ্রীয় সরকারের উন্নয়নের গড়কে ছাপিয়ে গিয়েছে, তার তথ্য, হিসেব তুলে ধরেন তিনি।

তিনি বলেন, নোটবন্দীর ফলে সবচেয়ে ক্ষতিগ্রস্ত ভিনরাজ্যে কাজ হারিয়ে ফেরা শ্রমিকরা। এমন ৫০ হাজার শ্রমিকের জন্য এককালীন ৫০ হাজার টাকা করে অনুদান দেবে সরকার। ক্ষতিগ্রস্ত কৃষকদের জন্য রাখা হয়েছে ১০০ কোটি টাকা। আইসিডিএস কর্মীদের ভাতা বাড়ানো হয়েছে ৫০০ টাকা করে। সবই করা হয়েছে মানবিক দৃষ্টিতে। অর্থমন্ত্রী বলেন, ধারের সঙ্গে গড় অভ্যন্তরীণ উৎপাদনের অনুপাত অর্থনীতির গুরুত্বপূর্ণ মাপকাঠি। সেটাই আমরা এই ৬ বছরে কমিয়ে আনতে পেরেছি। এটা আমাদের সাফল্য। এই সাফল্যের ও মানবিকতার পথ ধরেই বাংলা দেশের সেরা রাজ্য হওয়ার দিকে।