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"The laws / rules / regulations / tax etc etc are framed by persons who are , for all practical purposes, never affected by these. Then these are passed in parliament again by persons who are practically above all these. This is a fact, hope most will agree. Then these laws/rules/regulations/taxes etc are implemented again by persons who are practically unaffected by the way these are implemented. The implementors behave exactly like madaris making their monkeys dance to their tunes. The departments never give clarification when queried, they will try to avoid it all costs. The departments ensure that there is no ombudsman. Even if there was one it would work as a stone wall. It looks like for Govt of the people , Govt for the Govt , and Govt by Govt. To top all this, persons who are not found suitable for jobs elsewhere/anywhere come and join the Govt. So decision making by such persons , which affects millions of people , takes the last back seat. Then such persons get promoted and still many more millions get affected. More than decision making , it becomes passing the buck game with SYA ( save your arse) as the purpose. The person is not to be blamed because that is their limitation.
Wish to cite a case briefly , a sales tax case , in which assessment was conducted for 5years at a particular rate of tax , in the sixth year an officer disputes this rate and suggests a much higher rate and taxes for the past 5 years are recovered with interest and penalty. Is this fair/just. Many had to close their businesses due to this ruling. So much for so called “Ease of doing business”.
This proves that the department herself does not know the Act. Is it just to penalize the public under the circumstances? The department in the above case is not held responsible for assessing incorrectly for 5 years. It would be fair to both the department and the public, only if the first time an error/mistake/fault is come to light the department should issue a guidance notice to the concerned party and if the act/law/rules is flouted the second time then the punishment should be given. Also this system will encourage the department to reach out quickly to the assesses/entities covered by respective departments, and make the first time corrective guidance if required and compliance is ensured and create honest law abiders rather than unknowingly flouters of the law.
Each type/category of industry, trade and business activity has developed over many decades, and we should appreciate that it has evolved and so are the rules and system of working in that business. But our administrative system makes a set of laws which is supposed to be applicable to all business that has evolved over decades with its own rules. Is this fair or is it possible? And in trying to adapt most people land up on the wrong side of these laws. This is because the makers do not have any experience in running a business and more so in that particular trade/business. The present law makers are not affected by these and so their concerns are also with little depth. Then these laws are exploited by the administration for personal gains. This is evident in the news on a hourly basis. The laws should be made and passed by a majority in business and not from the administration as.This argument is deflated by the politicians and the administration by creating committees with outside, and sending draft rules for wider circulation and comments and objections , but this is only drama, the laws are finally made by the administration and passed by politicians who play the game in groups/parties. Thus law making becomes a joke.
The higher courts comes to decisions/judgements on issues after many years, if in favour of the departments then the department enforces the higher court judgement from the date the issue was filed for the first time in the lower courts, in other words retrospectively. The time from the date of appeal and the final judgement of the supreme court runs into years and decades and many irreversible situations would have developed and the public ends up taking huge financial damage. The higher court could add a line that this judgement is applicable from the date of issuance of their judgement, specifically because only then the issue becomes settled.
Suggestion:- All laws/rules/regulations/taxes etc etc should be framed by groups having 75% persons from the public. The establishment/government should be only 25% of the group. Shri Modi said , minimum government maximum governance. Hope he can do it. People who will be affected by laws should be the law makers. Then for the above said 25% , the best talent in every field, selected purely on merit in terms of education and all other abilities, should man the administration. They should be paid at with the best in the industry or elsewhere. One good talent may be equal to a dozen from the current lot, so the costs will be less in the long run. This is the only way out for India.
Looking ahead why not create a system having no intrusion on privacy of others. The govt requires Tax , this could be collected by way of transaction tax. All currency notes above Rs.50/- to go out, all transactions only by way of plastic cards , internet banking only. For every transaction , a tax will be debited automatically by the system at the time of the transaction itself ( like TDS).The govt gets its revenue. The govt does not spend on monitoring business and collection expenses , out goes all complicated rules/laws , no intrusion , no chance of corruption, millions of court cases will not appear, only benefits for every one. The recording and submission of accounts/income for individuals/groups/firms and organisations to be submitted to the Govt , for the purpose of ensuring there are no illegalities with reference to the laws of the land. Everything records/financial statement remains as it is, except there is no hard cash to corrupt. The administrative and accounting persons need not worry about loosing jobs. OR for better,the persons employed in the collection and accounting could be free to come to business , more entrepreneurs and the country will be number one in the world. Presently , the entrepreneur is doing less business and more of complying with the wonderful laws created by persons never affected by the laws. They are parasites. Lets make a system that do not create parasitic culture. more
Wish to cite a case briefly , a sales tax case , in which assessment was conducted for 5years at a particular rate of tax , in the sixth year an officer disputes this rate and suggests a much higher rate and taxes for the past 5 years are recovered with interest and penalty. Is this fair/just. Many had to close their businesses due to this ruling. So much for so called “Ease of doing business”.
This proves that the department herself does not know the Act. Is it just to penalize the public under the circumstances? The department in the above case is not held responsible for assessing incorrectly for 5 years. It would be fair to both the department and the public, only if the first time an error/mistake/fault is come to light the department should issue a guidance notice to the concerned party and if the act/law/rules is flouted the second time then the punishment should be given. Also this system will encourage the department to reach out quickly to the assesses/entities covered by respective departments, and make the first time corrective guidance if required and compliance is ensured and create honest law abiders rather than unknowingly flouters of the law.
Each type/category of industry, trade and business activity has developed over many decades, and we should appreciate that it has evolved and so are the rules and system of working in that business. But our administrative system makes a set of laws which is supposed to be applicable to all business that has evolved over decades with its own rules. Is this fair or is it possible? And in trying to adapt most people land up on the wrong side of these laws. This is because the makers do not have any experience in running a business and more so in that particular trade/business. The present law makers are not affected by these and so their concerns are also with little depth. Then these laws are exploited by the administration for personal gains. This is evident in the news on a hourly basis. The laws should be made and passed by a majority in business and not from the administration as.This argument is deflated by the politicians and the administration by creating committees with outside, and sending draft rules for wider circulation and comments and objections , but this is only drama, the laws are finally made by the administration and passed by politicians who play the game in groups/parties. Thus law making becomes a joke.
The higher courts comes to decisions/judgements on issues after many years, if in favour of the departments then the department enforces the higher court judgement from the date the issue was filed for the first time in the lower courts, in other words retrospectively. The time from the date of appeal and the final judgement of the supreme court runs into years and decades and many irreversible situations would have developed and the public ends up taking huge financial damage. The higher court could add a line that this judgement is applicable from the date of issuance of their judgement, specifically because only then the issue becomes settled.
Suggestion:- All laws/rules/regulations/taxes etc etc should be framed by groups having 75% persons from the public. The establishment/government should be only 25% of the group. Shri Modi said , minimum government maximum governance. Hope he can do it. People who will be affected by laws should be the law makers. Then for the above said 25% , the best talent in every field, selected purely on merit in terms of education and all other abilities, should man the administration. They should be paid at with the best in the industry or elsewhere. One good talent may be equal to a dozen from the current lot, so the costs will be less in the long run. This is the only way out for India.
Looking ahead why not create a system having no intrusion on privacy of others. The govt requires Tax , this could be collected by way of transaction tax. All currency notes above Rs.50/- to go out, all transactions only by way of plastic cards , internet banking only. For every transaction , a tax will be debited automatically by the system at the time of the transaction itself ( like TDS).The govt gets its revenue. The govt does not spend on monitoring business and collection expenses , out goes all complicated rules/laws , no intrusion , no chance of corruption, millions of court cases will not appear, only benefits for every one. The recording and submission of accounts/income for individuals/groups/firms and organisations to be submitted to the Govt , for the purpose of ensuring there are no illegalities with reference to the laws of the land. Everything records/financial statement remains as it is, except there is no hard cash to corrupt. The administrative and accounting persons need not worry about loosing jobs. OR for better,the persons employed in the collection and accounting could be free to come to business , more entrepreneurs and the country will be number one in the world. Presently , the entrepreneur is doing less business and more of complying with the wonderful laws created by persons never affected by the laws. They are parasites. Lets make a system that do not create parasitic culture. more
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Oct 31
Sajjan Paul has well explained the PAIN of running business. While it is a general belief that most of Business Men avoid honest payment of taxes, the fact remains that majority Tax Authorities are corrupt. Therefore, there is deficit of moral values on both sides. Hence, complete lack of mutual faith which is a basic requirement for good governance and ease of doing business. more
Sep 19
Doing a business is not an easy task whether it is small or big. There are lot of sacrifices involved over a period of time to reach a stable level. It gives to job creations, productivity, growth to nation. But general feeling carried out is , the business man is a cheat and he should be watched as he is doing some wrong. Rules are made in to that line only. First of all this mindset should be changed. For this , make the rules simple and transparent, so that business man can show what he is doing and on other side these Babus won't peep in to business process unnecessarily. This is a Non-Business man's point of view. more
Jun 18
Best governance is that which is liberal while deciding law and strict in implementation. As elected members discuss and decide all the issues related to them, the common public also need to get an opportunity to contribute while law, which effects their life, is being made. I mean that the basic idea of any law to be passed by elected bodies can be offered for public opinion. Two heads are better than one and similarly more heads will make it still better. Where there is a will there is a way. It is possible if there is a will. may be we will have better tomorrow. let us hope. more
Jun 14
Democracy in India means 50% votes garnered from 50% who voted i.e. 0.25% of the electorate/ population in the area concerned. Democracy has, therefore, come to mean "A government of the minorities, by the minorities, for the minorities,". Here , minority means the small population that voted; not a minority in caste/religion etc. This is why the elected few rule over the majority many!! This absurdity can be removed only when 100% people vote. Or else, we have to suffer as we are doing now. Another method is to introduce a system where every new policy is put to vote by the entire electorate. Though troublesome, this is the only way true democracy can be established in any society.Just see the bad decision of reducing GTS on cashew to 5% from 12% and not reducing the GST on sanitary napkins (12%). Hygiene has to be given more attention than cashews which is consumed only by the rich/ upper middle class. Evidently, pressure from various rich quarters has helped to lower the GST on cashew nut. No concern is shown for the vast majority of women, especially the low-income group in villages who need to be provided better access to hygiene for better health of the society. more
Jun 12
