Monday, January 16, 2012

Prebudget memorandums sometimes blatantly demand the moon-the case of ICSI Budget 2012

Come Dec-Jan, and industry associations/professionals etc are all busy giving their 2 bits on what the finance minister should dole out as sops during the ensuing Budget. While some like the ICAI now also focus on measures to plug tax loopholes/help the Government, many of these memorandums read like lobbyist's propoganda. Quite a few don't even make a pretense of being objective/reasoning out the demand properly, but just demand the moon. My critique below is not politically correct because this approach is such a widespread practice today!

While reading the ICSI's prebudget memorandum(http://www.icsi.edu/WebModules/LinksOfWeeks/Pre-Budget1_Memorandum.pdf),  I did see some novel points like giving weighted deduction to CSR expenditure(naturally certified by a company secretary!), but otherwise many points bordered on the absurd, or had very narrow outlook/ill reasoned. Some examples are given below
  1. Abolishing MAT on LLPs;-The logic is that The Finance Act, 2011 introduced Alternate Minimum Tax on Limited Liability Partnerships which challenges  the main advantage of formation of LLP over the companies. But, LLPs have sound business reasons like that of limited liability and large size, for which MAT seems a fair bargain. 
  2. Deducting of STT under Capital Gains head:-  Suggestion is that The STT paid may be allowed as deduction by including it in the cost of acquisition and selling expenses under the Capital Gains. It will help in strengthen the capital market. However, it overlooks the fact that concessional capital gains treatment was possibly partly due to the additional revenue given from STT. Giving away some of this tax benefit without commensurate revenue benefits, does not make sense at all from revenue perspective. 
Other general cases are the usual demanding of additional professional certifications/recognitions like compliance certificate, authorized representative etc. While some points are revenue positive like hiking TDS(when no PAN supplied) rate to 30% in some cases, CESTAT benches etc, the overall tone/intent still does not change. I pointed out the ICSI one specifically as it had the maximum breaches but even other associations are guilty in this regard. 

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