Dr X is a leading medical practitioner in a city. He has set up a charitable trust through which he plans to establish a super-speciality hospital in the city to cater to the medical needs of all sections of the society. Incidentally, that part of the State had been neglected over the years. The proposed hospital would be a boon for the region. You are heading the tax investigation agency of that region. During an inspection of the doctor’s clinic, your officers have found out some major irregularities. A few of them are substantial which had resulted in considerable withholding of tax that should be paid by him now. The doctor is cooperative. He undertakes to pay the tax immediately. However, there are certain other deficiencies in his tax compliance which are purely technical in nature. If these technical defaults are pursued by the agency, considerable time and energy of the doctor will be diverted to issues which are not so serious, urgent or even helpful to the tax collection process. Further, in all probability, it will hamper the prospects of the hospital coming up. There are two options before you:
1) Taking a broader view, ensure substantial tax compliance and ignore defaults that are merely technical in nature.
2) Pursue the matter strictly and proceed on all fronts, whether substantial or merely technical.
As the head of the tax agency, which course of action will you opt and why? (250 words)

Ethics

Ethics: Case Study

2018

20 Marks

Introduction This case highlights the conflict between strict adherence to the rule of law and promoting the public good, reminiscent of the recent debates surrounding retrospective taxation and its impact on investor sentiment. The central ethical dilemma lies in balancing the need for meticulous tax enforcement with the potential benefits of a much-needed super-speciality hospital, reflecting the tension between justice and mercy. Utilitarianism offers a suitable framework for evaluating the consequences of each option.

Stakeholder Identification: Dr. X, Patients in the region, Tax Agency, Government, Charitable Trust, Dr. X's Clinic Staff, Other taxpayers.

Answer:

I would opt for the first course of action: ensuring substantial tax compliance while overlooking purely technical defaults.

Prioritizing Public Welfare: A utilitarian approach suggests maximizing overall happiness. The hospital's establishment promises significant benefits to a neglected region, addressing a critical need and promoting public welfare. Pursuing technical defaults might obstruct this greater good. This aligns with the common good approach.
Proportionality and Justice: While upholding the rule of law is crucial, pursuing minor technicalities at the expense of a significant public benefit appears disproportionate and potentially unjust. This resonates with the principle of 'de minimis non curat lex' (the law does not concern itself with trifles).
Efficient Resource Allocation: Focusing on substantial tax compliance ensures efficient use of the agency's resources. Pursuing minor technicalities diverts time and energy from more critical cases, potentially hindering overall tax collection. This embodies the utilitarian principle of maximizing utility.
Encouraging Ethical Conduct: Dr. X's cooperation and willingness to pay substantial dues suggest a commitment to rectifying his errors. A strict approach might discourage such voluntary compliance in the future, creating an adversarial relationship between taxpayers and the agency. This aligns with virtue ethics, promoting trust and ethical behavior.
Mitigating Potential Harm: Pursuing technical defaults could jeopardize the hospital project, causing harm to the community. This violates the ethics of care, which emphasizes minimizing harm and promoting well-being.
Transparency and Fairness: While exercising discretion, it's crucial to maintain transparency. Documenting the rationale for overlooking technical defaults ensures accountability and avoids any perception of bias or favoritism. This upholds the principles of justice and fairness.

Conclusion: This case underscores the importance of balancing strict legal adherence with practical considerations and ethical principles. Real-life examples like the relaxation of certain regulations during natural disasters demonstrate the need for flexibility in extraordinary circumstances. A positive initiative could be establishing clear guidelines for exercising discretion in exceptional cases, ensuring transparency and accountability while promoting the public good. An ethical way forward involves prioritizing substantial compliance, promoting voluntary ethical conduct, and considering the broader societal impact of enforcement decisions. This approach aligns with the principles of utilitarianism, justice, and the common good.

Answer Length

Model answers may exceed the word limit for better clarity and depth. Use them as a guide, but always frame your final answer within the exam’s prescribed limit.

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