The Centre owes the States over Rs. 80,000 crore from
its net proceeds of the period between 1996 and 2015, according to a
Comptroller and Auditor General (CAG) report tabled in Parliament on
Friday Aug 12,2016
The revelation has the potential to
significantly impact the finances of most States, because most of them
could end up getting a few thousand crores each.
“During
the certification of ‘net proceeds’ by the CAG, based on the
recommendations of the successive Finance Commissions, it was noticed
that during the period from 1996-97 to 2014-15 an aggregated amount of
Rs. 81,647.70 crore was short devolved to the States,” says the CAG
report, on ‘Compliance of Fiscal Responsibility and Budget Management
Act, 2003.’
The report says that according to Article
279 of the Constitution, the CAG is “required to ascertain and certify
the ‘net proceeds’ (any tax or duty the proceeds thereof reduced by the
cost of collection), whose certification shall be final.”
In
response to the CAG finding, the Finance Ministry responded in June
2016 that the “accuracy of the figures intimated by CAG are required to
be ascertained and need to be reconciled with that of Budget Division,
Department of Economic Affairs as the calculations for State share of
Central Taxes and Duties are based on set practices and norms which have
been meticulously followed year after year.”
The
CAG report points out that in July 2000, the Finance Ministry requested
for CAG certification of net proceeds of taxes afresh ante-dated from
1996-97 because of the 80 constitutional amendment.
The amendment
resulted from the recommendations of the 10 Finance Commission for an
alternative way of sharing proceeds of union taxes and duties between
Centre and States.
“On receipt of request from the
Ministry, clarifications were sought by the CAG office followed by
reminders, which were not provided,” the CAG report says. Finally the
“certificates on net proceeds were issued by the office of CAG on 10
February 2016,” the report says.
The report also
points out that the draft certificate of the CAG on net proceeds of
taxes, together with detailed calculations were made available on
December 14, 2015, and reminders were sent on December 31 and January 6,
2016. “As such opportunity was provided to the Ministry before issuing
the final certificate in terms of Article 279 of the Constitution,” the
report says, dismissing Ministry’s objections to the report.
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