Dr. Raja J. Chelliah, Tax Reform Committee had
submitted its final Report, which is reported in 197 I.T.R. p.176
and the Committee had recommended to continue the Gift-Tax on the
following reasons.
"3.66 The Committee favours the continuance
of the imposition of the Gift Tax. Even though the top marginal
rate of income tax as well as the spread between the rates have
been reduced, gift of assets to individuals other than minor children
could still be used as a means of reducing the total tax liability
of a family (either nuclear or extended). A tax on gifts is therefore,
necessary as a means of discouraging such transfers. Also the gift-tax
cannot be said to affect incentive or lead to any enquiry".
"3.67 The exemption level of Rs.22,000
was fixed in 1985. Considering the rise in prices and the increases
in the threshold level, for income tax, gifts in a year not exceeding
Rs.30,000 may be exempted from the tax."
The Central Government acted contrary to the above
recommendations and deleted the provision of Gift Tax from September
30, 1998 (1998-99) Budget.
Due to deletion of the provisions of the Gift
Tax Act, the Central Government has lost considerable revenue as
Income-tax within the period of last five year. The suggestion is
that Gift Tax should be re-introduced with the following provisions:
- Rs.30,000/- Gift exempted, which is recommended by Dr. Chelliah's
report and which was under the repealed Gift Tax Act.
- Levy 10% of tax on the amount gifted to the donee. Every donee
to whom the gift is given should have P.A. No. if any gift is
given to him.
- Gift is complete only when gift tax is paid and recovered.
The minor to whom normally gift is made will have
to take his own Permanent Account Number and would start his life
by filing his Income-tax Return. The writer has suggested Pension
Scheme for every assessee who pays income-tax and so the minor will
be considerably benefited as he will start contributing towards
pension funds.
The above suggestions will also facilitate the
provisions of clubbing or it may not be necessary to club the income
of minor with his parents once a minor is also paying income-tax
on his assets and he has got also Permanent Account Number.
The above suggestion will have far reaching effect
as all the minors of middle class and higher-middle class and rich
people will have their Permanent Account Number and number of assessees
will also increase to facilitate economy of white money.
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