Friday, June 16, 2017

Finance Committee directs MoF to amend the Tax Clearance Commission Act

Kathmandu, June 15: With the controversial decision of defunct Tax Clearance Commission’s (TCC) to exempt over 1,000 firms from paying billions of rupees in tax, the Finance Committee of the Legislature-Parliament Thursday directed the Ministry of Finance (MoF) to initiate the process to amend the Tax Clearance Commission Act, 1976 so that the country would not incur such a huge amount of revenue in the future.
The House panel has asked the concerned agencies to severely punish the individuals, companies and organizations found guilty on fixation of revenue while waiving off and recovering tax.
The Commission for the Investigation of Abuse of Authority (CIAA) is carrying out investigation into the matters of tax fixation.
“Such guilty should be severely punished and concerned agencies should recover the evaded tax money at the earliest,” Committee Chairman Prakash Jwala read the decision.
Most of the lawmakers recommended for limiting the rights of the TCC, saying that as the Act had given sweeping powers to the Commission, there had been chances of fixation of taxes.
According to the Act, the Commission’s decisions are final and they can not be challenged even in the court.
The TCC, formed a couple of years ago, had waived off almost 68.73 per cent of the total unsettled tax money, Rs. 40.83 billion owed by more than 1,000 firms.
According to the Auditor General’s Report, the TCC settled Rs. 30.52 billion tax liabilities by recovering only Rs. 9.54 billion.
The report has categorically said that the tax liabilities were not due to the poor capacity of the tax-payers or their bankruptcy but because of non-compliance, therefore the Commission had promoted the trend to let go  the tax evaders from paying their liability to the state.
Following the arrest of Chudamani Sharma, Director General the Inland Revenue Department (IRD) and the member secretary of Lumba Dhwoj Mahat led TCC in 2014, by the CIAA on the charges of corruption on fixation of taxes, misappropriation of the Commission has come to the fore one after another.
The AG has recommended the government to hold responsible the officials of the Commission.
The Committee directed the tax administration to instantly prevent the IRD from waiving off the taxes and collect revenue at the earliest.
“The government should develop a clear standards and directives on waiving revenue in arrears or clearing taxes and submit it to the Finance Committee. It should also study the revenue capacity of the country, and initiate timely reforms on tax settlement, collection and clearance procedure,” said Jwala.
He said that the committee has decided to direct the concerned government agencies to make mechanism to stop every possible leakage of revenue from any individual, company and organization, as well as to develop a system to monitor and evaluate the tax administration.
Speaking at the meeting, lawmakers demanded that the individuals or companies that were exempted from paying taxes should be named and shamed.
“The government has been exempting large firms from paying taxes while small and medium scale enterprises have been forced to pay the taxes. Such attitude does not help in creating business environment in the country,” said lawmaker Bidur Sapkota.
Another lawmaker Udaya Shumsher Rana recommended reviewing the entire taxation system.
Icha Raj Tamang said that the taxation laws are not tax-payer friendly, and tax evaders had not been punished duly for long.
Former Finance Minister Dr. Ram Sharan Mahat defended the decision of forming the TCC saying that the sick and bankrupt industries should be recovered.
However, he said that the sweeping powers provided to the Commission should be curtailed.


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