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There is nothing which hurts more than payment of taxes. One question that goes through every tax payerโs mind is โhow can I reduce my tax liability?โ Reducing tax liability is not always a bad or illegal exercise. There are legitimate ways to reduce taxes through proper tax planning and such methods are always encouraged. But unfortunately, there is also a tendency to reduce tax through illegal methods. They are not accepted practice and can invite problems.
There are three methods which are commonly used by the taxpayers to reduce their tax liabilities
Tax Evasion,
Tax Avoidance and
Tax Planning
Tax Evasion
Dishonest taxpayers try to reduce their taxes by concealing income, inflation of expenses, falsification of accounts and willful violation of the provisions of the Income-tax Act. Such unethical practices often create problems for the tax evaders. Tax department not only imposes huge penalties but also initiate prosecution in such cases.
Tax Avoidance
Tax avoidance is minimizing the incidence of tax by adjusting the affairs in such a manner that although it is within the four corners of the laws, it is done with a purpose to defraud the revenue. It is the act of dodging without directly breaking the law. For example if A gives gift to his wife, the income from the asset gifted will be clubbed in the hand of A. But to avoid this clubbing provision โAโ decides to give gift to Bโs wife and B reciprocates it by giving gift to Aโs wife. This is not tax planning but tax avoidance. Such practices are not acceptable. In the words of Justice Rangnath Misra of Supreme Court in the case of McDowell & Co Limited v CTO [1985] 154 TR 148,
โtax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be part of tax planning and it is wrong to encourage or entertain the belief that it is honorable to avoid payment of tax by resorting to dubious methods.โ
Tax Planning
Tax planning is arrangement of financial activities in such a way that maximum tax benefits, as provided in the income-tax act are availed of. It envisages use of certain exemption
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Defined as an arrangement of oneโs financial and economic affairs by taking complete legitimate benefit of all deductions, exemptions, allowances and rebates so that tax liability reduces to minimum
Features:
๏ถ Comprises arrangements by which tax laws are fully complied
๏ถ No intention to deceit the legal spirit behind the tax law
๏ถ All legal obligations and transactions are met
TAX EVASION TAX AVOIDANCE AND TAX PLANNING
TAX evasion--- Method of tax evading or reducing tax liability by dishonest means
Methods of tax evasion include
Concealing of income
Overstating expenses
Manipulating accounts
Violating rules
Tax avoidance-- Method to reduce or minimize tax liability by exploiting or taking advantages of a loopholes in the law.
It does not give rise to any critical offence.
Tax planning-- It is the arrangement of financial activities to minimize the tax incidence by making use of all beneficial provisions of the Income tax law.
TAX evasion-- This is Result of illegality suppression misrepresentation and fraud
TAX avoidance---This is result of actions none of which is illegal or forbidden.
Tax planning-- this is result of availing the benefits under various beneficial provisions of law.
Tax evasion--- is illegal
Tax avoidance-- is technically legal
tax planning-- is legal.
Thanks
There is nothing which hurts more than payment of taxes. One question that goes through every tax payerโs mind is โhow can I reduce my tax liability?โ Reducing tax liability is not always a bad or illegal exercise. There are legitimate ways to reduce taxes through proper tax planning and such methods are always encouraged. But unfortunately, there is also a tendency to reduce tax through illegal methods. They are not accepted practice and can invite problems.
There are three methods which are commonly used by the taxpayers to reduce their tax liabilities
Tax Evasion,
Tax Avoidance and
Tax Planning
Tax Evasion
Dishonest taxpayers try to reduce their taxes by concealing income, inflation of expenses, falsification of accounts and willful violation of the provisions of the Income-tax Act. Such unethical practices often create problems for the tax evaders. Tax department not only imposes huge penalties but also initiate prosecution in such cases.
Tax Avoidance
Tax avoidance is minimizing the incidence of tax by adjusting the affairs in such a manner that although it is within the four corners of the laws, it is done with a purpose to defraud the revenue. It is the act of dodging without directly breaking the law. For example if A gives gift to his wife, the income from the asset gifted will be clubbed in the hand of A. But to avoid this clubbing provision โAโ decides to give gift to Bโs wife and B reciprocates it by giving gift to Aโs wife. This is not tax planning but tax avoidance. Such practices are not acceptable. In the words of Justice Rangnath Misra of Supreme Court in the case of McDowell & Co Limited v CTO [1985] 154 TR 148,
โtax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be part of tax planning and it is wrong to encourage or entertain the belief that it is honorable to avoid payment of tax by resorting to dubious methods.โ
Tax Planning
Tax planning is arrangement of financial activities in such a way that maximum tax benefits, as provided in the income-tax act are availed of. It envisages use of certain exemption, deductions, rebates and reliefs provided in the act.
**Tax evasion**
Tax evasion is the method or means by which the tax is illegally avoided through unacceptable means. It refers to a situation where a person tries to reduce his tax liability by deliberately suppressing the income or by inflating the expenditure, recording fictitious transactions, etc.
**Tax avoidance**
Tax avoidance is reducing or negating tax liability in legally permissible ways by structuring one's affairs. Any such transaction would be valid only if it has commercial substance and is not a colourable device. The Supreme Court, in M/s McDowell and Co Ltd Vs Commercial Tax officer, 1985, (154 ITR 148(SC), held that for tax planning to be legitimate it must be within the legal framework and colourable devices cannot be part of tax planning. In deciding whether a transaction is a genuine or colourable device, it is open for the tax authorities to go behind the transaction and examine the "substance" and not merely the "form".
**Tax planning**
Tax planning may be defined as an arrangement of one's financial affairs to take full advantage of all eligible tax exemptions, deductions, concessions, rebates, allowances permitted under the Income-Tax Act ,1961, so that the tax burden is minimised in the hands of the taxpayer without violating the legal provisions.