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I deem it a great privilege to be amongst you all at the
valedictory function of this National Convention which provides an opportunity
to all concerned to take stock of the deliberations over the perpetual subject
of professional opportunities and social obligations of tax professionals.
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Taxing power
is an important attribute of any sovereign State, for meeting with the
governmental expenses required to be incurred for good administration and the
protection and welfare of the State and its people. The balancing of public
and private interests in the field of taxation is a constant process with an
aim to prevent oppressive taxes and harness adequate resources for all
governmental functions. By virtue of their complexity arising due to
frequently necessary changes made to answer the needs of the exchequer,
necessity for professional aid arises to a common man for discharging tax
obligations and efficiently arranging the tax affairs. The sweep of the taxing
statutes is so wide that many fields of specialization for the professionals
have developed, with the accountants and secretaries as common features. Like
the professions of medicine and law, tax consultation has flowered into an
equally important profession where the tax professional is expected to act
independently, to correctly work out the tax liabilities of the client, and
ensure that they are duly discharged to avoid hardships arising due to
defaults.
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Today’s tax
professional is equipped with advanced technology for an accurate and
effective handling of the tax cases. Much time and energy is saved by the
advanced data storage and retrieval systems and the accounting softwares that
have added to human efficiency.
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Tax
consulting activity would mean rendering high quality assistance by
independent tax consultants to citizens and legal persons when they assess and
pay taxes under the taxing statutes. Rendering high quality assistance by
independent tax professionals involves:
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gathering full and correct information from the clients,
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rendering assistance in keeping books and records,
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preparing reports,
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drawing up papers for the purpose of taxation, e.g.
preparing returns.
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The basic principles regulating tax consulting activity are,
ethical and professional norms of a tax consultant and, bearing
responsibility, where these norms are violated. These norms refer to
professionalism, independence, honesty, objectiveness, and compliance with the
tax laws. It will be for the professional bodies to which they belong, to
enforce the ethical and professional norms and ensure, by way of checks on
enrolment and disciplinary action, that unscrupulous elements do not, enter or
remain in the noble profession.
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Filing a tax
return is a tax-payer’s entry point into the tax system. For effectiveness of
self-assessment and voluntary compliance, it is in the best interest of both,
the tax-payer and the Revenue, to ensure that the filing process runs
smoothly. When a tax-payer provides requisite information to the tax
professional for preparing the returns, there should be no fear that the
confidential tax information will be used or disclosed inappropriately.
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One of the
most serious problems facing tax-payers is that of “tax gap”, because the
average compliant tax-payer pays extra tax each year to subsidize
non-compliance by others. Failure to collect revenue from the non-compliant
tax-payers can be a source of additional burden that would be imposed on the
law abiding tax-payers. There is, therefore, need to step-up enforcement and
compliance activity without violating tax-payer’s rights; and budget
procedures and decisions should be attuned to reduce the “tax gap”, by
explicitly aiming to maximize compliance with the taxing laws, especially
voluntary compliance, with due regard for protecting tax payer’s rights and
minimizing tax-payer’s burden. Tax professionals can play a very significant
role in this area.
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A large
component of the “tax gap” is attributable to under-reporting by self-employed
tax-payers. There should be a proper research to assess the characteristics
and needs of small business owners and self-employed tax payers and to develop
an integrated strategic plan to enhance the scope and effectiveness of its
outreach and education to such tax-payers. This should provide an area of
interest for the tax professionals.
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There is a
dearth of meaningful services needed by the low bracket tax-payers who need to
meet their obligations regarding tax delinquencies. Without the means to
secure adequate representation, low bracket tax payers can find themselves
lost in a tax system that would appear to be indifferent, uncarrying, and
sometimes hostile. Small business tax-payers have to cope up with complex laws
and regulations in order to meet with their tax obligations and filing
requirements. Many of them cannot afford professional advice and hardly get
adequate help to enable them to understand and comply with their tax
obligations.
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Tax-payers
with disabilities encounter numerous barriers due to lack of measures and
services designed to provide equal access. There should be disability cells
and website for providing information about exemptions, deductions and credits
available to tax-payers with disability, their caretakers, and employees,
which should be appropriately publicized by the Revenue and the revenue
professionals.
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The tax
professionals can also perform a significant role to deal with ‘no response’
problem. Not responding, at, times, proves to be an economically viable course
and is adopted by not accepting or not responding to tax notices. No tax
professional should be party to such delaying tactics adopted for a subsequent
challenge on the ground of violation of principles of natural justice.
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Tax
consultants and practitioners have duties towards their clients as also
towards the society. Their expertise is not meant to be a tool for tax evasion
by the unscrupulous assessees. Their foremost obligation is to render
professional help in working out the correct tax liability of their clients on
the basis of their obligations under the taxing statutes. This would involve
tax planning for the clients, to ensure them the maximum benefits to which,
they may be entitled under the, taxing statutes, and guiding them for
legitimately minimizing the tax burdens. In that process, it will be the
foremost responsibility of the tax professional to discourage the clients,
from adopting any dubious means for evasion of taxes payable by them. It is
the duty of a tax professional to verify that the account books reflect the
real state of affairs and there are no manipulations aimed at or having the
effect of tax evasion. Any abetment or conspiracy in tax evasion by a tax
professional will obviously attract the same criminal liability as may be
incurred by their tax evading client.
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It is the
obligation of tax professionals to expose any, revenue official who demands
illegal gratification for rendering a favourable order and to discourage their
clients from attempting such illegal shortcuts. Payment of taxes should not be
viewed as extortive extractions but be accepted as social obligation to
contribute the assessee’s mite to meet public expenditure in a welfare society
that confers multifold benefits on its citizens. Tax practitioners must
inculcate a sense of pride and discipline amongst their clients in discharging
their tax obligations. This they can best do by shunning all malpractices.
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I am sure,
both the revenue and the tax-payers will get the benefit of your deliberations
for suggesting procedural and substantive reforms to the revenue and
safeguarding the rights and interests, of the tax-payers. I hope that the
professionals will continue to rise to the occasion for balancing the public
and private interests and enforce probity both in the assessments by the
revenue officers, and in the filing of tax returns and discharge of the tax
obligations by their clients.
I thank you all for the patient hearing.
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