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Commercial Tax Part II: What goes on while registering a commercial unit?

Posted on July 05, 2011

To understand and assess where corruption takes place in the Commercial Tax department, ipaidabribe will be a doing a series of posts. But before that let’s delineate the various activities that the department undertakes:

1.Registration of a tax paying establishment 2.Filing of monthly returns 3.Filing of revised returns 4.Obtaining of Refunds 5.Audit 6.Revision and Appeals, including Suo Moto revision/Appeal 7.Enforcement related activities 8.Vigilance related activities

Part I of this series covered how rampant corruption is, in the Commercial Tax department of Karnataka. In this post, we’ll examine how corruption takes place during the process of registering a tax paying establishment:

Registration of tax-paying establishments:

Any new commercial or industrial establishment needs to get itself registered within six months of its existence with the local VAT officer. One needs to submit an application form for registration. Once the registration form is submitted, then an inspector from the VAT office visits the premises and based upon his report, a final approval for registration is given.

Earlier, a manual system existed, and for each case a bribe was collected. It was not a large amount, Rs 2,000 per case. But an initiative named e-vardan in Karnataka caused a significant dent in this process of bribe related transaction. e-vardan helped facilitate submission of electronic documents, thereby reducing human intervention.

The resourcefulness of the corrupt, however, cannot be underestimated. The Assistant Commissioner from the VAT office can still say that he needs further information and convert the electronic system into a manual system. If that happens, then we are back to the good old times when a mamool is required for getting yourself registered!

Optimists will say that if everything is in order, then the site verification by the inspector should not pose a problem. However, this is rarely the case, because the rules are so complicated that a site inspector can raise any objection he wishes. For instance, where there are multiple offices in a single location, the inspecting officer can harass the applicants by nit-picking. If there are three companies in the same location, he can ask where the separate entrances are, and seek separate power and telephone bills for each establishment located at that address. Quite often, if the owners of all establishments are the same, then most often the telephone and power bills come under a common name. That is exactly the kind of shortcoming the inspector is looking for. He will take advantage of this weakness and demand a bribe. So in spite of e-vardan, there can be corruption in the registration process!

Here are a couple of bribe reports on the process of obtaining VAT registration, posted by citizens on ipaidabribe.com (Boxes 2, 3 & 4)

Box 2

Reported: 16-11-2010; Bribe Paid: Rs 1000 “Had to get my newly formed company registered for VAT. At the end of a couple of week's process and many to and fro visits to the local commercial tax office, including a site visit by a tax officer, i was asked 2000 rupees to cover the bribes to the big and small of this office, all who had pushed my file! My counter offer of 1000 rupees was gratefully accepted. On a moral note, I didn’t feel too outraged at paying the bribe, actually pitying the poorly paid officials, in their scruffy office. How else will they survive!”

Box 3

Reported: 4-12-2010; Bribe paid: Rs 5000 “In spite of producing all the required documents, intentional delay in issuing VAT TIN number. Person in-charge of verification visits personally and demands collective bribe. Collects the bribe, signs all the documents and issued the required certificate without any delay.”

Box 4

Reported: November 1, 2010 | City : Bangalore | Paid on : September 6, 2010 | Paid: Rs 2000 “I had to get my VAT certificate updated, as I had shifted my Business location to a new commercial area in Banaswadi. I had to run from pillar to post for 2 weeks, in spite of keeping my tax returns up to ********** and my auditor giving me a clean chit. After a lot of frustration my file was finally up to the table of the VAT Inspector who promptly demanded Rs 500 for every signature and to top it off the Commissioner also demanded Rs 1000. I had no choice as I had to produce the updated VAT certificate for various other purposes.”
Reforms to check corruption:

A check with the Commercial Tax department of Karnataka indicated that such instances of bribe exchange can be reduced through the e-vardi software, which places VAT registration and the documentation concerned, on the Internet for all to see.

- T.R. Raghunandan