Coincidentally, the government has also announced a committee, led by a retired judge, to look into how to redraft the income-tax law. This is a valuable effort; by making the language clearer and less ambiguous, the number of disputes between the taxman and companies or individuals could theoretically be reduced. The number of tax cases has gone up in the past decade, and several thousands of complex legal cases block up India's courts. Of course a well-drafted law might conceivably help settle cases quicker. But without a better-administered income-tax department, one that is not incentivised to chase down targets, a well-drafted law will make only a limited impact in tackling the current problems. Nor will a better-drafted law help settle outstanding or frivolous cases quicker in the absence of judicial capacity at every level.
Finally, the quality of drafting of the tax law is not its only constraint on the ease of doing business - India ranked 157th in the world in terms of the ease of paying taxes. According to the report, 243 hours a year are devoted by business to paying taxes, which they have to do as many as 33 times, at an effective tax rate of close to 60 per cent of profits. In other words, the tax system needs to be overhauled not just in terms of legal but also economic effectiveness. And this is not a difficult task either. The finance ministry has in its possession a series of reports on taxation reforms, which have outlined a detailed action plan on how to make India's tax system less adversarial, more friendly to the tax-payer and less prone to litigation. It is time the ministry took a closer look at those recommendations for overhauling the tax system. A shallow effort will not work.
