FICCI wants more deterrents for tax officials in dispute cases

New Delhi: Industry body FICCI has proposed that the Income Tax (IT) department should pay higher interest rates to taxpayers on their pre-deposit during a dispute case, pointing out that IT department creates excess litigation through tax demands but wins less than 25% cases in tribunals, High Courts or Supreme Courts.At the meeting of the Lok Sabha’s Select Committee on the new Income Tax bill, FICCI dished out some data to show that the tax department’s rate of success in litigation in tribunals, HC and SC stands at mere 7%, 9% and 15%.As the new IT bill proposes to make the law simpler and minimize litigation, FICCI wanted a higher interest payment to deter IT officials or assessing officers from pushing excessive cases.The industry body proposed that instead of the current rate of interest on the pre-deposit, the IT department should pay 20% to 24% interest on pre-deposits.

The interest is usually paid on the pre-deposit amount for the period during which the tribunal gears the case.Some lawmakers including BJP’s Bhartruhari Mahtab suggested that if it is seen that some departmental action can be considered for assessing officer who faces higher number of cases.The panel led by BJP lawmaker Baijayant (Jay) Panda also discussed the IT department’s access to digital info for errand taxpayers and if such provisions goes against the spirit of the data protection laws and privacy laws.According to the IT law, the department can collect digital info taking custody of laptop or phones of any errand taxpayer.

Some members pointed out that the IT department has clarified when raids and seizures take place, they can get access digital information.At this stage, BJP MP Nishikant Dubey, who also heads the IT panel of Parliament, defended the department’s rights and alluded the fear of breach of privacy and data protection.

Dubey maintained that it is just an extension of the IT department’s power.