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Article 246 (SEVENTH SCHEDULE) of The Indian Constitution, Distributes Legislative Powers

This document discusses taxes in India, specifically direct and indirect taxes. It provides definitions of direct taxes as taxes paid directly to the government by taxpayers that cannot be shifted to others. Indirect taxes are defined as taxes collected by intermediaries but ultimately borne by consumers, who pay higher prices. The key indirect taxes in India are listed as excise duty, customs duty, value added tax, central sales tax, service tax, and others. The advantages of indirect taxes are that they allow even the poor to contribute, are convenient to pay and collect, have broad coverage, are easy to collect automatically through prices, are difficult to evade, can be made elastic to increase government revenues, and can be made equitable when placed on luxury goods

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0% found this document useful (1 vote)
146 views10 pages

Article 246 (SEVENTH SCHEDULE) of The Indian Constitution, Distributes Legislative Powers

This document discusses taxes in India, specifically direct and indirect taxes. It provides definitions of direct taxes as taxes paid directly to the government by taxpayers that cannot be shifted to others. Indirect taxes are defined as taxes collected by intermediaries but ultimately borne by consumers, who pay higher prices. The key indirect taxes in India are listed as excise duty, customs duty, value added tax, central sales tax, service tax, and others. The advantages of indirect taxes are that they allow even the poor to contribute, are convenient to pay and collect, have broad coverage, are easy to collect automatically through prices, are difficult to evade, can be made elastic to increase government revenues, and can be made equitable when placed on luxury goods

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RaGa JoThi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction

A tax may be defined as a "pecuniary burden laid upon individuals or property owners to support the
government, a payment exacted by legislative authority. A tax "is not a voluntary payment or donation,
but an enforced contribution, exacted pursuant to legislative authority". Taxes consist of direct tax or
indirect tax, and may be paid in money or as its labour equivalent (often but not always unpaid labour).
India has a well-developed taxation structure. The tax system in India is mainly a three tier system
which is based between the Central, State Governments and the local government organizations. In most
cases, these local bodies include the local councils and the municipalities. According to the Constitution
of India, the government has the right to levy taxes on individuals and organizations. However, the
constitution states that no one has the right to levy or charge taxes except the authority of law. Whatever
tax is being charged has to be backed by the law passed by the legislature or the parliament.
Article 246 (SEVENTH SCHEDULE) of the Indian Constitution, distributes legislative powers
including taxation, between the Parliament and the State Legislature. Schedule VII enumerates these
subject matters with the use of three lists;
List - I entailing the areas on which only the parliament is competent to makes laws,
List - II entailing the areas on which only the state legislature can make laws, and
List - III listing the areas on which both the Parliament and the State Legislature can make laws upon
concurrently. This project analyze the advantages and disadvantages of indirect tax.
Two types of taxes:

Direct Tax
Indirect Tax

Direct Taxes:
A Direct tax is a kind of charge, which is imposed directly on the taxpayer and paid directly to the
government by the persons (juristic or natural) on whom it is imposed. A direct tax is one that cannot be
shifted by the taxpayer to someone else.

Indirect Tax:
An indirect tax is a tax collected by an intermediary (such as a retail store) from the person who
bears the ultimate economic burden of the tax (such as the customer). An indirect tax is one that can be
shifted by the taxpayer to someone else. An indirect tax may increase the price of a good so that
consumers are actually paying the tax by paying more for the products. The some important indirect
taxes imposed in India are as under:

Excise Duty
Customs Duty
Value Added Tax
Central Sales Tax
Service Tax
Expenditure Tax
Stamp duties
Securities Transaction Tax

Various other taxes or rates are levied by the municipal authorities (e.g., on goods entering their
jurisdiction and on the annual value of property), by state governments (e.g., on motor vehicles and
amusements) and by the central government (e.g., on foreign travel and domestic air travel).
1) Service Tax:
Service tax is a part of Central Excise in India. It is a tax levied on services provided in India, except the
State of Jammu and Kashmir. The responsibility of collecting the tax lies with the Central Board of
Excise and Customs(CBEC). Service Tax is a form of indirect tax imposed on specified services called
"taxable services". Over the past few years, service tax been expanded to cover new services and
recently list of negative services has been introduced.
The objective behind levying service tax is to reduce the degree of intensity of taxation on
manufacturing and trade without forcing the government to compromise on the revenue needs. For the
purpose of levying service tax, the value of any taxable service should be the gross amount charged by
the service provider for the service rendered by him.
2) Excise:

Central Excise duty is an indirect tax which is levied and collected on the goods/commodities
manufactured in India. The Central Excise Act, 1944 and other connected rules- which provide for levy,
collection and connected procedures. It is mandatory to pay Central Excise duty payable on the goods
manufactured, unless exempted eg., duty is not payable on the goods exported out of India.
3) VAT:
Value Added Tax (VAT) is a tax on value addition and a multi point tax, which is levied at every stage
of sale. It is collected at the stage of manufacture/resale and contemplates rebating of tax paid on inputs
and purchases.
What are the Indirect Taxes
An indirect tax is one in which the burden can be shifted to others. The tax payer is not the tax bearer.
The impact and incidence of indirect taxes are on different persons. An indirect tax is levied on and
collected from a person who manages to pass it on to some other person or persons on whom the real
burden of tax falls. For e.g. commodity taxes or sales tax, excise duty, custom duties, etc. are indirect
taxes.
If the impact of the tax falls on one person and the incidence on another, the tax is called indirect tax.
For example the sales tax and custom duty is paid obviously by the trader but it is included in price and
consumer bears the burden of this tax.
Hicks classify direct & indirect taxes on the basis of administrative arrangements. In case of direct taxthere is a direct relationship between the taxpayer and the revenue authorities. A tax collecting agency
directly collects the tax from the taxpayers, whereas in case of indirect taxes there is no direct
relationship between the taxpayers and the revenue authorities. They are collected through traders and
manufacturers.
Over the years the share of indirect tax has declined in India due to reduction in the rates of indirect
taxes.
Meaning of Indirect Taxes:

The term indirect tax can be defined from different views. In the colloquial sense, an indirect tax is the
charge that is collected by intermediary (like retail store) from the individual who holds the actual
economic burden of the tax ( like customer). The intermediary files a tax return and eventually passes to
the government.
The indirect tax can be alternatively defined as the charge that is paid by one individual at the beginning,
but the burden of which will be passed over to some other individual, who eventually holds the burden.
In colloquial sense, one example of indirect tax includes VAT (Value Added Tax).
Advantages of Indirect Taxes:
Indirect taxes have advantages of their own.
(i) The Poor Can Contribute:
They are the only means of reaching the poor. It is a sound principle that every, individual should pay
something, however little, to the State. The poor are always exempted from paying direct taxes. They
can be reached only through indirect taxation.
(ii) Convenient:
They are convenient to both the tax-prayer and the State. I he tax-payers do not feel the burden much
partly because an indirect tax is paid in small amounts and partly because it is paid only when making
purchases. But the convenience is even greater due to the fact that the tax is price-coated.
It is wrapped in price. It is like a sugar-coated quinine pill. Thus, a tobacco tax is not felt when it is
included in the price of every cigarette bought. It is convenient to the State as well which can collect the
tax at the ports or at the factory.
Indirect taxes are imposed on production, sale and movements of goods and services. These are imposed
on manufacturers, sellers and traders, but their burden may be shifted to consumers of goods and
services who are the final taxpayers. Such taxes, in the form of higher prices, are paid only on purchase
of a commodity or the enjoyment of a service.
So taxpayers do not feel the burden of these taxes. Besides, money burden of indirect taxes is not
completely felt since the tax amount is actually hidden in the price of the commodity bought. They are
also convenient because generally they are paid in small amounts and at intervals and are not in one

lump sum. They are convenient from the point of view of the government also, since the tax amount is
collected generally as a lump sum from manufacturers or traders.
(iii) Broad-based:
Indirect taxes can be spread over a wide range. Very heavy direct taxation at just one point may produce
harmful effects on social and economic life. As indirect taxes can be spread widely, they are more
beneficial and suitable.
Indirect taxes are paid by all classes of people and so they are broad based. Poor people may be out of
the net of the income tax, but they pay indirect taxes while buying goods.
Unlike direct taxes, the indirect taxes have a wide coverage. Majority of the products or services are
subject to indirect taxes. The consumers or users of such products and services have to pay them.
(iv) Easy Collection:
Collection takes place automatically when goods are bought and sold. A dealer collects the tax when he
charges a price. He is an honorary tax collector.
(v) Non-evadable:
Indirect taxes have in built safeguards against tax evasion. The indirect taxes are paid by customers, and
the sellers have to collect it and remit it to the Government. In the case of many products, the selling
price is inclusive of indirect taxes. Therefore, the customer has no option to evade the indirect taxes.
They cannot be evaded, as they are a part of the price. They can be evaded only when the taxed article is
not consumed, and his may not always be possible
(v) Elastic:
Some of the indirect taxes are elastic in nature. When government feels it necessary to increase its
revenues, it increases these taxes. In times of prosperity indirect taxes produce huge revenues to the
government.
They are very elastic in yield, imposed on necessaries of life which have an inelastic demand. Indirect
taxes on necessaries yield a large revenue, because people must buy these things.

(vi) Equitable:
When imposed on luxury or goods consumed by the rich, they are equitable. In such cases, only the
.Veil-to-do will pay the tax.
(vii) Check Harmful Consumption: .
By being imposed on harmful products, they can check consumption of harmful commodities. That is
why tobacco, wine and other intoxicants are taxed.
By imposing taxes on certain commodities or sectors, the government can achieve better allocation of
resources. For e.g. By Imposing taxes on luxury goods and making them more expensive, government
can divert resources from these sectors to sector producing necessary goods.
(viii) May not affect motivation to work and save
The indirect taxes may not affect the motivation to work and to save. Since, most of the indirect taxes
are not progressive in nature, individuals may not mind to pay them. In other words, indirect taxes are
generally regressive in nature. Therefore, individuals would not be demotivated to work and to save,
which may increase investment.
(ix) Social Welfare
The indirect taxes promote social welfare. The amount collected by way of taxes is utilized by the
government for social welfare activities, including education, health and family welfare. Secondly, very
high taxes are imposed on the consumption of harmful products such as alcoholic products, tobacco
products, and such other products. So it is not only to check their consumption but also enables the state
to collect substantial revenue in this manner.
(x) Flexibility and Buoyancy
The indirect taxes are more flexible and buoyant. Flexibility is the ability of the tax system to generate
proportionately higher tax revenue with a change in tax base, and buoyancy is a wider concept, as it
involves the ability of the tax system to generate proportionately higher tax revenue with a change in tax
base, as well as tax rates.
Disadvantages:

Although indirect taxes have become quite popular in both developed & Under developed
countries alike, Indirect taxes have some disadvantages too, which are as follows:
(i) Regressive:
Indirect taxes are not equitable. For instance, salt tax in India fell more heavily on the poor than on the
rich, as it had to be paid at the same rate by all. Whether a rich man buys a commodity or a poor man,
the price in the market is the same for all. The tax is wrapped in the price. Hence, rich and poor pay the
same amount, which is obviously unfair. They are thus; regressive.
(ii) Uncertain:
Unless indirect taxes are imposed on necessaries, we cannot be sure of the revenue yield. In the case of
goods, with an elastic demand, the tax might not bring in much revenue. The tax will raise the price and
contract the demand. When the thing is not purchased, the question of the tax payment does not arise.
Indirect taxes are often rather uncertain. Taxes on commodities with elastic demand are particularly
uncertain, since quantity demanded will greatly affect as prices go up due to the imposition of tax. In
fact a higher rate of tax on a particular commodity may not bring in more revenue.
(iii) Raising Prices Unduly:
They cause the price of an article to rise b; more than the tax. A fraction of the money unit cannot be
calculated, so ever middleman tends to charge more than the tax. This process is cumulative.
Indirect tax fails to satisfy the principle of economy. The government has to set up elaborate machinery
to administer indirect taxes. Therefore, cost of tax collection per unit of revenue raised is generally
higher in the case of most of the indirect taxes.
(iv) Uneconomical:
The cost of collection is quite heavy. Every source o production has to be guarded. Large administrative
staff is required to administer such taxes. This turns out to be a costly affair.
(v) No Civic Consciousness:

These taxes do not develop civic consciousness, because many times the tax-payer does not even know
that he is paying tax. The tax is concealed in the price. Indirect taxes do not create any social
consciousness as the taxpayers do not feel the burden of the taxes they pay.
(vi) Harmful to Industries:
They discourage industries if raw materials are taxed. This will raise the cost of production and impair
their competitive capacity.
(vii) Affects Consumption
Indirect taxes affects consumption of certain products. For instance, a high rate of duty on certain
products such as consumer durables may restrict the use of such products. Consumers belonging to the
middle class group may delay their purchases, or they may not buy at all. The reduction in consumption
affects the investment and production activities, which in turn hampers economic growth.
(viii) Increase income inequalities
Generally, the indirect taxes are regressive in nature. The rich and the poor have to pay the same rate of
indirect taxes on certain commodities of mass consumption. This may further increase income
disparities among the rich and the poor.
(ix) Inflationary
The indirect taxes are inflationary in nature. The tax charged on goods and services increase their prices.
Therefore, to reduce inflationary pressure, the government may reduce the tax rates, especially, on
essential items.
(x) Possibility of tax evasion
There is a possibility of evasion of indirect taxes as some customers may not pay indirect taxes with the
support of sellers. For instance, individuals may purchase items without a bill, and therefore, may not
pay Sales tax or VAT (Value Added Tax), or may obtain the services without a bill, and therefore, may
evade the service tax.

Advantages Of Indirect Tax

* Indirect tax is convenient as the taxpayer does not have to pay a lump sum amount for tax.
* There is mass participation. Each and every person getting goods or services has to pay tax.
* There is a less chance of tax evasion as the taxpayers pay the tax collected from consumers.
* The government can check on the consumption of harmful goods by imposing higher taxes.
Disadvantages Of Indirect Tax
* Indirect tax is uncertain. As demand fluctuates, tax will also fluctuate.
* It is regretful as the tax burden to the rich and poor is same.
* Indirect tax has bad effect on consumption, production and employment. Higher taxes will reduce all
of them.
* Most of the taxes are included in the price of goods or services. As result, taxpayers do not know how
much tax they are paying to the government.

Conclusion

Elaborate analysis of merits and demerits of direct and indirect taxes makes it clear that whereas the
direct taxes are generally progressive, and the nature of most indirect taxes is regressive. The scope of
raising revenue through direct taxation is however limited and there is no escape from indirect taxation
in spite of attendant problems. There is common agreement amongst economists that direct & indirect
taxes are complementary and therefore in any rational tax structure both types of taxes must find a place.

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