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LATEST NEWS UPDATES | Why shouldn't rich farmers pay? -Mukesh Butani

Why shouldn't rich farmers pay? -Mukesh Butani

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published Published on Jun 8, 2017   modified Modified on Jun 8, 2017
-The Economic Times blog

Finance minister Arun Jaitley was correct when he stated in April that constitutional constraints do not empower his government to tax agricultural income, implying that he is not constrained from amending the Income-Tax Act. B R Ambedkar, in framing the Constitution, was vehemently critical of British land revenue system, the foundation for which was laid during the Mughal period, and strengthened by the East India Company, which was then incorporated under the Government of India Act, 1935, by which land revenue was assigned to states.

The 1935 Act was incorporated in our Constitution in 1950, using which state governments have developed their land revenue system. Ambedkar, participating in the Bombay Legislative Council debate, felt that the system was inequitable and indefensible.

He advocated a tax on business and agriculture based on earning potential. A fresh assessment is required today to gauge land revenue and tax levied by states, and its importance for the states’ fiscal machinery.

The definition of ‘agricultural income’ under the tax statute is subjected to a liberal interpretation by the judiciary. Tax-exempt income includes not just what is derived from the sale of farm produce, but also rent from farm land, income from the processing of farm produce, farm income and capital gains on sale of farm land. Further, the entitlement is for all forms of taxpayers: individuals, partnership firms, Hindu undivided families (HUFs), companies, cooperative societies, etc.

It covers all forms of agricultural produce, including crops covered under minimum support price, produce consumed for domestic use and exports, large-scale mechanised farms, orchards and groves, and tea, coffee, tobacco and rubber plantations. Interestingly, under the new goods and services tax (GST) law, the term ‘agriculturist’ (not agricultural income) means an individual or an HUF who cultivates himself, or uses family labour or hired labour under personal supervision. The GST law, therefore, applies to a limited category of agricultural income.

Attempts have been made in the past to amend the income-tax law to prevent abuse. Exemption is believed to be the most active instrument for tax evasion, as borne out from findings of successive expert committees, the Tax Administrative Reforms Commission being the last one. So, the first task would be to assess the political will to restrict such exemption, not just under the tax law but also under the Constitution.

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The Economic Times, 7 June, 2017, http://blogs.economictimes.indiatimes.com/et-commentary/why-shouldnt-rich-farmers-pay/


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