Friday, 23 May 2025

Financial education for school students

 

 

Within the framework of attending to one’s daily life, taking on financial decisions is becoming easier yet increasingly more intricate at the same time. Managing personal finances still remains an enigma for many people. Those who lack sufficient knowledge in areas like budgeting, saving, investing, as well as debt are more prone to make bad decisions within the space of personal finance. Adequate and complete negligence towards this problem arises from the absence of appropriate financial education during ones formative years. Society must concede that including financial education within the school syllabus is no longer a choice but an urgent prerequisite in fostering self-sufficient citizens that know their way around technology and finances.

Students receive thorough teaching in a good number of academic disciplines, yet practically useful subjects going as far as the discipline of personal finance, is left untouched. Young adults concluding their secondary education know so to speak everything about calculus or even literature yet they completely lack the understanding of having a plan to manage student loans, retirement, or distinguishing between both good and bad debt. The fallout of this is increased financial illiteracy which in turn can lead towards a very low credit score and crippling debt to uncontrollable spikes of wealth creation opportunities.

 

Why is financial education in schools so crucial?

• Facilitating Informed Choices: Financial literacy enables people to make considerations throughout their lifetime. Knowing how issues such as compound interest, inflation, and risk management works allows students to approach these issues with courage as opposed to apprehension or ignorance. They learn to differentiate between needs and wants, set realistic financial goals, and create actionable steps towards achieving them.

        Cultivating Responsible Consumers: In this era where advertising is pervasive, easy credit is available, and goods are marketed to the youth, exploded spending and unsustainable debt are harmful trends. Financial literacy equips them with the ability to critically assess financial products, the accompanying terms, conditions and how to identify predatory practices. It is a powerful tool that shapes responsible consumers and promotes the culture of saving for the future instead of instant gratification.

        Preparing for Life's Milestones: All major milestones in one’s life such as buying a first home, funding one’s higher education, retirement, and managing a family budget are financial decision-making milestones. Such concepts, when taught to learners in a controlled environment, prepare them for future obstacles that they are bound to encounter, and enables them to think ahead and develop plans rather than learn through expensive life lessons down the road.

        Reducing Financial Stress and Anxiety: Generally, stress results from financial concerns for adults. With the right financial education at an early age, individuals can build structures of control and security which prevents them from falling into debt traps and experiencing financial instability. This promotes mental well-being and enhances peace of mind.

 

        Promoting Economic Stability: An entire population that is financially illiterate is vulnerable economically. Financially literate people are economically stable. When people are competent in managing their finances, it positively impacts their local economies and the entire national economy. It fosters entrepreneurial activities, promotes investments, and responsible borrowing, all crucial for sustainable development.

 

Financial literacy involves understanding several key concepts that govern our personal and economic well-being. While they are all interconnected, each term has a distinct meaning and role. Here's a breakdown of the differences:

Earning

Earning refers to the income you receive in exchange for your labor, services, or capital. It's the money that comes into your possession.

        Examples:

o       Salary or Wages: Money received from a job.

o       Freelance Income: Payments for specific projects or services rendered independently.

o       Business Revenue: The total money generated by a business from sales of goods or services before deducting any expenses.

o       Investment Income: Money earned from investments, such as interest from savings accounts, dividends from stocks, or rental income from property.

Expense

An expense is any cost incurred in the process of generating income or in the course of daily living. It's the money that goes out.

        Examples:

o       Living Expenses: Rent/mortgage, groceries, utilities, transportation, clothing.

o       Business Expenses: Cost of raw materials, salaries of employees, rent for office space, marketing costs.

o       Loan Payments: Principal and interest paid on debts.

o       Taxes: Payments to the government (see "Taxation" below).

Profit

Profit is the financial gain, especially the difference between the amount earned and the amount spent in buying, operating, or producing something. In simpler terms, it's what's left after all expenses are deducted from earnings.

        Formula: Profit = Earning - Expenses

        Types:

o       Gross Profit: Revenue minus the direct costs of producing goods or services (Cost of Goods Sold - COGS).

o       Operating Profit: Gross profit minus operating expenses (e.g., salaries, rent, marketing).

o       Net Profit: The final profit after all expenses, including interest and taxes, have been deducted from total revenue. This is often referred to as the "bottom line."

Savings

Savings refers to the portion of your current income that is not spent on consumption but is set aside for future use. It's typically held in a highly liquid and low-risk account, like a savings account or a fixed deposit.

        Purpose:

o       Emergency Fund: Money put aside for unexpected events (e.g., medical emergencies, job loss).

o       Short-term Goals: Saving for specific purchases in the near future (e.g., a new phone, a vacation, a down payment on a car).

        Key Characteristic: High liquidity (easy to access) and typically lower returns compared to investments.

Investment

Investment involves allocating money with the expectation of generating a return or appreciation in value over time. Unlike savings, investments usually carry a higher degree of risk but also offer the potential for higher returns.

        Purpose:

o       Wealth Creation: Growing your money significantly over the long term.

o       Long-term Goals: Saving for retirement, a child's education, or buying a house.

        Examples:

o       Stocks: Owning a share in a company.

o       Bonds: Lending money to a government or corporation in exchange for interest payments.

o       Real Estate: Purchasing property to generate rental income or for capital appreciation.

o       Mutual Funds/ETFs: Pooled money from multiple investors to invest in a diversified portfolio of assets.

        Key Characteristic: Lower liquidity (may take time to convert to cash) and higher potential for both gains and losses.

 

 

Taxation

Taxation is the process by which governments levy mandatory financial charges (taxes) on individuals or corporations to fund public expenditures. It's a portion of your earnings or profits that you are legally required to pay to the government.

        Types:

o       Income Tax: A tax levied on an individual's or company's income or profits.

o       Sales Tax (GST/VAT): A tax on goods and services purchased.

o       Property Tax: A tax on real estate.

o       Capital Gains Tax: A tax on the profit made from selling an asset (like stocks or real estate) for more than its purchase price.

        Purpose: To fund public services such as infrastructure, education, healthcare, defense, and social welfare programs.

In essence, earning is the money you bring in, expenses are the money you spend, profit is what's left after expenses from earnings, savings is unspent income set aside for immediate or short-term needs, investment is unspent income used to generate future wealth, and taxation is the portion of your earnings or profits that goes to the government. Understanding these distinctions is fundamental to managing personal finances effectively and achieving financial goals.

Friday, 7 February 2025

Eliminating GST Evasion at Retail Businesses: A Proposal for Streamlining Compliance

The retail sector plays a vital role in the Indian economy, contributing approximately 10% to the nation's GDP. With India's GDP estimated at 174 lakh crore, the retail sector's contribution amounts to 17.4 lakh crore. Assuming an average GST rate of 12% on retail transactions, the potential GST collection from this sector could reach 2.088 lakh crore (Including from ITC) annually but cash collection is not sure, based on a taxable turnover of 17.4 lakh crore. However, widespread GST evasion at the retail level significantly undermines this potential revenue generation. This article proposes a focused approach to address this challenge, specifically targeting businesses engaged exclusively in Business-to-Consumer (B2C) transactions.  

GST evasion in retail manifests through various means, including underreporting sales, issuing fake invoices, and operating outside the formal tax system. This not only leads to revenue loss for the government but also creates an uneven playing field for compliant businesses. Addressing this issue requires a multi-pronged strategy that simplifies compliance, strengthens enforcement, and leverages technology.  

Current Challenges and Their Impact:

The current GST regime, while designed to streamline indirect taxation, presents certain challenges for small retailers. Complex filing procedures, the need for detailed record-keeping, and the perceived burden of compliance can incentivize evasion, especially for businesses operating on thin margins. The prevalence of cash transactions further complicates tracking and verification, making it easier to conceal sales.  

A Proposed Solution: Mandatory Composition Scheme for B2C Retailers

This article proposes a significant shift in the approach to GST compliance for businesses exclusively engaged in B2C retail transactions. The core of the proposal is to mandate the composition scheme for such businesses.

Rationale:

  • Simplified Compliance: The composition scheme offers a simplified approach to GST, requiring businesses to pay a fixed percentage of their turnover as tax, instead of maintaining detailed records and filing complex returns. This significantly reduces the compliance burden for small retailers, making it easier for them to participate in the formal tax system.  
  • Reduced Scope for Evasion: By simplifying the process and focusing on turnover-based taxation, the composition scheme reduces the incentive and opportunity for evasion. The fixed tax rate provides greater predictability and transparency, making it harder to manipulate sales figures.  
  • Enhanced Revenue Collection: While the composition scheme involves a lower tax rate (typically 1% or 2%), mandatory implementation for all B2C retailers could potentially lead to higher overall revenue collection due to increased compliance and a wider tax base. Our estimated collection under the composition scheme with rates of 1 or 2 % would be 0.174 Lakh Crore. This is based on the same taxable turnover of 17.4 Lakh Crore as mentioned earlier.

Implementation Details:

  • Eligibility: This mandatory composition scheme would apply to all businesses that are 100% retail, i.e., exclusively engaged in B2C transactions. Clear criteria would need to be established to define "retail" and "B2C" transactions to avoid ambiguity.
  • Tax Rate: The specific tax rate under the composition scheme (1% or 2%) would need to be determined based on the nature of the retail business and its average profit margins. A lower rate could encourage greater participation and compliance.
  • Monitoring and Enforcement: While the composition scheme simplifies compliance, it is crucial to maintain effective monitoring and enforcement mechanisms to prevent misuse. Regular audits and inspections should be conducted to verify turnover and ensure compliance with the scheme's provisions.
  • Technology Integration: Technology can play a crucial role in facilitating compliance and monitoring. Simple and affordable POS systems can be provided to retailers to record sales and generate invoices. These systems can be linked to the GST portal for seamless reporting and data analysis.

Projected Impact:

By implementing this mandatory composition scheme, the following benefits can be realized:

  • Increased GST Revenue: As mentioned earlier, the estimated GST collection under the composition scheme is 0.174 Lakh Crore. This can be further enhanced by increasing the compliance rate.
  • Improved Tax Compliance: Simplifying the tax process will encourage more retailers to join the formal tax system, leading to improved overall tax compliance.  
  • Level Playing Field: Mandatory compliance will create a level playing field for all retailers, eliminating the unfair advantage enjoyed by those who evade taxes.  
  • Reduced Administrative Burden: The simplified compliance requirements will reduce the administrative burden on both retailers and tax authorities.

Conclusion:

GST evasion at the retail level poses a significant challenge to India's revenue generation and economic growth. The proposed mandatory composition scheme for B2C retailers offers a viable solution by simplifying compliance, reducing the scope for evasion, and potentially increasing overall revenue collection. By combining this approach with strengthened enforcement and technology integration, the government can effectively address this issue and unlock the full revenue potential of the retail sector. The estimated GST collection under the composition scheme is 0.174 Lakh Crore. With better enforcement and increased awareness, we can expect increased GST collection in coming years. This will significantly contribute to the nation's economic development.

 

Monday, 20 January 2025

How to avoid multiple litigation for same subject matter

 

 

No. of Litigations increasing continuously in taxation and this causes harm to every stakeholder in the system like Business, government, officials, judiciary system etc. The concept that we are going to discuss can be use either in Direct or indirect taxations. In this article we are going to discuss few provisions of Our constitution and Code of Civil Procedure, 1908.

The two important factors about our great constitution are –

v  This is consider as living document.

v  This is mother of all laws in India i.e no other law can over-ride the constitution.

We have 3 important points here –

1.   Res Sub Judice – Sec 10 of CPC

2.   Res Judicata- Sec 11 of CPC

3.   Double Jeopardy – Article 20(2) of our constitution

Below is the explanation of same :

1.   Res Sub Judice

 

Definition: This Latin phrase translates to "a matter already judged." It's a legal principle that prevents the relitigation of issues that have already been definitively decided by a competent court in a previous lawsuit involving the same parties.

 

Key Elements:

 

Same Parties: The same parties (or their legal representatives) must be involved in both lawsuits.

Same Cause of Action: The lawsuits must arise from the same set of facts and legal issues.

Final Judgment: The previous judgment must be final and conclusive.

Purpose: Finality of Litigation: Prevents endless litigation and promotes the efficient administration of justice.

Prevents Harassment: Protects individuals from being repeatedly sued for the same matter.

Respects Judicial Authority: Upholds the authority and integrity of court judgments.                                                                                                

 

2.   Res Judicata

 

Definition: This Latin phrase translates to "under judgment." It signifies that a particular matter is currently pending before a court of law for adjudication.

Key Principle: Prevents the simultaneous parallel trial of the same subject matter between the same parties in different courts.

Purpose:

Avoid Conflicting Judgments: Prevents contradictory decisions from different courts on the same issue.

Judicial Efficiency: Promotes the efficient and orderly administration of justice by preventing duplication of effort and resources.

Prevents Forum Shopping: Discourages parties from filing multiple lawsuits in different courts to gain a perceived advantage.

 

3.   Double Jeopardy

Definition: This principle, enshrined in Article 20(2) of the Indian Constitution, prohibits the prosecution and punishment of an individual for the same offense more than once.

Key Aspects:

Protection Against Multiple Punishments: Prevents the state from repeatedly trying and punishing a person for the same crime.

Scope: Primarily applies in criminal proceedings.

Exceptions: Limited exceptions may exist, such as retrial after an acquittal due to procedural irregularities or a hung jury.

Relationship to Res Judicata: While related, they are distinct concepts. Res judicata applies to both civil and criminal cases, while double jeopardy is primarily a criminal law principle.

 

Summary:

  • Res Judicata: Applies to past judgments, barring relitigation of already decided matters.
  • Res Sub Judice: Applies to pending cases, preventing parallel proceedings on the same matter.
  • Double Jeopardy: Primarily a criminal law principle, protecting individuals from multiple prosecutions for the same offense.

 

The same type of provision also exists in section 6(2)(b) of GST Act. It Prohibits initiation of parallel proceedings on same subject matter by different authorities (Except Appeal).

Wednesday, 16 October 2024

GST Amnesty scheme 2024

 

New GST Amnesty Scheme from November 1, 2024: Key Compliance Details

 

Effective Date: November 1, 2024

 

Purpose: To provide relief to GST-registered taxpayers facing non-fraudulent GST demands for the fiscal years 2017-18 to 2019-20 i.e cases covered under section 73

 

Key Benefits:

 

Waiver of Interest and Penalty: Eligible taxpayers can avail a waiver of interest and penalties on GST tax demands.

One-Time Waiver of Late Fees: A one-time waiver of late fees is also provided.

Eligibility Criteria:

 

GST-Registered Taxpayers: Only GST-registered taxpayers are eligible for the scheme.

Non-Fraudulent Demands: The demands must be non-fraudulent in nature.

Time Period: The scheme applies to demands raised under Section 73 of the CGST Act for the fiscal years 2017-18 to 2019-20.

Procedure for Amnesty scheme:

S. No.

Procedure

Form

Rule

Remarks

1

Application for Waiver (Notice/Statement)

GST SPL-01

164(1)

For waivers related to notices or statements issued under Section 128A(1)(a).
* Note: Most  notices/statements already time-barred.
* Refer to Table 7 of GST SPL-01 for required documents.

 

 

 

 

 

2

Application for Waiver (Demand/Appeal/Revision Order)

GST SPL-02

164(2)

For waivers related to demand orders or orders in appeal/revision under Section 128A(1)(b) or (1)(c).
* Refer to Table 7 of GST SPL-01 for required documents.

 

 

 

 

 

3

Show Cause Notice (SCN)

GST SPL-03

164(8)

Issued when the officer believes the waiver application is ineligible.
* States reasons for potential rejection and any short payment.
* Includes date and time for a hearing.

 

 

 

 

 

4

Reply to Show Cause Notice

GST SPL-04

164(9)

Applicant can file a reply within one month.
* Supporting documents (e.g., tax payment details) can be submitted.

 

 

 

 

 

5

Order for Conclusion of Proceedings

GST SPL-05

164(10)

Issued when applications under SPL-01 or SPL-03, or replies to SPL-03, are admitted/allowed.
* Officer must issue this order within 3 months of application (if no SCN issued) or within 3 months of reply (if SCN issued).
* Proceedings deemed concluded if no order issued within specified timeframes.

 

 

 

 

 

6

Order for Rejection of Application

GST SPL-07

164(12)

Issued when the waiver application is rejected.
* Details the reason for rejection (e.g., incomplete payment, late payment, non-applicable section).
* This order is appealable. If no appeal is filed, the previously withdrawn appeal will be restored.

 

 

 

 

 

7

Order after Appeal (if initial application rejected)

GST SPL-06

164(15)(b)(i)

Issued if the appellate authority allows the appeal.
* References the initial application form (SPL-01/SPL-02), rejection order (SPL-07), and appeal form (APL-01).
* Any false declarations will void the approval and may lead to recovery proceedings.

 

 

 

 

 

8

Undertaking for Restored Appeal (for withdrawn appeals)

GST APL-08

164(15)(b)(ii)

Required if an appeal was withdrawn to file for the waiver (applicable to applications under SPL-02).
* Applicant undertakes not to file an appeal against the rejection by the Appellate Authority.
* Undertaking must be submitted within three months of the order rejecting the appeal against GST SPL-07.

 

Payment of Tax: The taxpayer must pay the full amount of the tax demand.

Submission of Application: The taxpayer must submit an online application for the waiver within a specified timeframe.

Important Dates:

 

Payment Due Date: March 31, 2025

Application Deadline: June 30, 2025

 

Additional Notes:

1.    Please do cost benefit analysis even you are not wrong. Going for Litigation could be a cost and if that cost is lesser than the demand, I strongly suggest you to pay the demand and get the benefit of Amnesty scheme.

 

Financial education for school students

    Within the framework of attending to one’s daily life, taking on financial decisions is becoming easier yet increasingly more intricat...