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Besides, there are some peripheral issues, which if addressed can ginger up corporate sentiments like the Securities Transaction Tax (STT), Minimum Alternate Tax (MAT), etc.
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Immediate implementation of GST The recent move by the Finance Minister in reviving the move to introduce GST, sooner rather than later, is indeed welcome. We strongly supported the introduction of GST and believe that this will go a long way in streamlining the economy and provide impetus to the growth of our GDP. Also, it is important that the framework of GST should encompass the multiple taxes currently levied at the state and local levels and should subsume all of them. Provide clarity on newly implemented Service Tax A comprehensive service tax based on the concept of a negative list of services has been introduced with effect from July 1, 2012. It is an important step towards introduction of GST. However, it is noticed that while the levy is universal in its application (barring the negative list and exemptions); there are restrictions on the availment of Cenvat credit. All input side tax costs forming part of the price of the final output goods or services should be allowed as credit. Further, several doubts have been expressed about the scope of the new levy. Some of the issues requiring clarification have been listed in the memorandum. The Ministry of Finance should issue clarifications on these issues at the earliest to avoid litigation. Improving Dispute Resolution Processes
The key concerns of the taxpaying community are the prolonged litigation and the need to make on account payments in the interregnum. The Dispute Resolution Panel (DRP) and the Mutual Agreement Procedure (MAP) in the context of Direct Taxes have not proved effective mechanisms in this regard. Corporate India strongly recommends that a conciliation bench should be formed, and which can be approached by a tax payer to help settle tax disputes. This will ensure that where a tax payer has already got a favorable resolution of a dispute on a matter, the dispute is not continued in later years. Similarly, non-resident tax payers can focus on quantum of profits attributable to a Permanent Establishment or the adjustment on a Transfer Pricing issue. In respect of Indirect Taxes too, because of pressure of maximizing revenue, show-cause notices / demands are confirmed by the tax officers even when the matter may be legally untenable. The adjudication process take years to conclude and matters get finalized in higher courts. The lengthy litigation processes result into huge litigation cost for the taxpayers. Apart from suggesting timely adjudication of matters, Corporate India has requested that adjudication officers should be disengaged from the duties of revenue collection to minimize the revenue bias.
In light of concerns that the Indian economy is slowing, Industry urged the government to reverse recent increases to service tax rates, back to the 8% rate in place two years ago, from the current 12% rate. Furthermore, to encourage foreign direct investment in the nation's embattled aviation sector, the Industry asked the government to exempt the domestic repairs, maintenance and overhaul services sector from service tax.
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The Budget session of Parliament will have the much awaited discussion on the Real Estate Regulatory Bill. According to recent reports, the Bill aims to establish a regulatory authority for enforcing fair practices and accountability norms and fast track dispute resolution mechanism in real estate transactions. If the bill is framed right, this could change the face of real estate in India and bring in the much needed reforms in the industry. The Bill is a very good opportunity for the government to give some structure to the currently unorganised real estate sector. The government should take an unbiased approach towards this bill which would benefit the industry and its stakeholders customers, developers, bankers etc. The Governments proposed initiative to fast track approvals by putting up the status online will bring in the much-needed transparency and accountability to projects. The real estate sector is definitely a high growth area for the country. The focus should be on providing the right quality of living to everyone. At present builders are taking the initiative to provide quality and environment-friendly living spaces. This change has to come from within the industry rather than over-regulation. Incentivizing may be the best way to go forward. The Bill should help drive up consumer confidence.
Industry has sought urgent steps in the forthcoming Budget to make the infrastructure sector viable and capable of attracting capital. Given that the 12th Plan envisages an investment of $970 billion in infrastructure, nearly half of which is to come from the private sector, urgent measures are required to make the sector viable and capable of attracting capital. Among the key measures suggested to provide a fillip to investment in the sector, Industry has asked for exempting infrastructure companies from the payment of Minimum Alternative Tax. Currently, infrastructure projects are entitled for a tax holiday under section 80IA for 10 consecutive years during the first 15/20 years of their operation. In order to reduce the construction and operation cost of projects, Industry is in favour of restoration of section 10(23G). By exempting the interest income of the financial institutions received from the Rupee term loan financed to the companies eligible for claiming deduction under section 80IA(4), this will greatly help in countering the high interest rate environment for the infra companies. Further, given the rapidly growing demand for housing from the low middle income population, it is critical to promote low cost housing. Currently, the government offers interest subvention of one per cent for low-cost housing loans up to ` 15 lakh, provided the housing cost does not exceed ` 25 lakh. Industry recommends that interest subvention scheme is extended to total housing cost of up to ` 35 lakh. This sector has one of the largest multiplier effects and so, an incentive for investments in low cost housing would create demand in over 200 industry sub-sectors. For restoring confidence in the power sector, Industry has urged the ministry to continue tax benefits for the sector under Section 80 IA sunset clause, which entitles a company for tax benefits only if it starts generating power by the end of the current financial year. In order to attract huge investment in power generation, Industry wants extension of the sunset clause under Section 80 IA till the end of the 12th Five-Year Plan period.
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Sectoral Expectations
Automobiles
Change in Excise duty - No excise duty hikes for two wheelers / commercial vehicles / small cars. Additional diesel tax on passenger vehicles could be a big negative. Continuation/Increase of allocation to schemes for NREGS (National Rural Employment Generation Scheme) and infrastructure/road/housing development. to watch out - Ashok Leyland, Bajaj Auto, HeroMotoCorp, Maruti Suzuki India, and Tata Motors.
Companies
Capital Goods
Substantial increase in Defense budget allocation. Fund allocation for various programs including APDRP (Accelerated Power Development and Reforms Programme ) and RGGVY (Rajiv Gandhi Grameen Vidyutikaran Yojana ) expected to continue. to watch out - BEL, BEML, BHEL, and Power Grid.
Companies
Cement
Thrust on higher infrastructure spending Tax incentive on housing sector should continue. to watch out - ACC, Ambuja Cement, Grasim, India Cement, and Ultratech.
Companies
Hotels
Infrastructure status to Hotel Industry This is old demand from the hotel industry. Such a grant will lead hotels to re -invest their profits in the hospitality sector, channelize huge investment in the tourism sector and help bridge the shortfall of hotel rooms. Companies to watch out - Indian Hotels, Kamath Hotels, and Taj GVK.
FMCG
Increase in excise duty would be negative for FMCG players as it would negatively affect demand. However, FMCG players are expected to pass on the increase in excise duty. Companies to watch out ITC, GCPL, Dabur, and HUL
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The real estate sector has been asking for tax breaks under Section 80 -IA of the Income Tax Act to be extended to the housing sector. Section 80-IA was introduced to promote private participation in the infrastructure sector. Under this rule, infrastructure companies are entitled to a 100 per cent tax holiday for 10 years. Realty companies argue that the shortfall in the number of housing units can be bridged by group housing projects. These will include amenities such as roads, schools, hospitals and retail outlets, leading to infrastructure development. Hence, they argue, infrastructure status should be given to developers building townships or large-scale affordable housing. Building affordable housing for economically weaker sections has largely been the responsibility of the government. In recent years, some realty companies have tried to develop such housing but most pulled out due to the low margins, which are well below those in the upper-mid and luxury segments. There are expectations that tax concessions could bring these developers back into affordable housing. With infrastructure status, developers can also get access to funds from India Infrastructure Finance Company Ltd, which gives loans at lower interest rates than commercial banks. Companies to watch out L&T, HCC, NCC, Sadbhav Engg., JP associates
IT
Exemption of MAT on units operating under SEZ ( Special Economic Zone) e-Governance initiatives Education allocation Companies to watch out TCS, HCL Tech, Educomp, NIIT Ltd, Everonn
Logistics
Railways - to encourage private sector players to procure more wagons Increased allocation of funds for building roads, ports and other utilities Companies to watch out GDL, Concor
Power
Continue tax benefits for the sector under Section 80-IA sunset clause, which entitles a company for tax benefits only if it starts generating power by the end of the current financial year. In order to attract huge investment in power generation, industry wants extension of the sunset clause under Section 80 IA till the end of the 12th Five-Year Plan period. Companies to watch out - Tata Power, NTPC, and JSW Energy
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Pharmaceuticals
Healthcare sector should be granted infrastructure status. Increase in allocation on Healthcare infrastructure and National Rural Health Mission. Lifesaving drugs should be fully exempted from the custom duty. Companies to watch out - Cipla, Dr. Reddy's Laboratories, Lupin, Torrent Pharma
Increase in limit of refinancing from IIFCL for infrastructure sector projects Allocation of equity capital for infusion in PSU banks Increase in tax exemptions on individual housing loans Companies to watch out PFC, REC, IDFC, SBI and other PSU banks
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Agricultural Sector
The growth for Agricultural and allied activities for the Year 2012 -13 is expected lower at 1.80 % vs 3.60 % in 2011-12 as per CSOs latest Advanced Estimates. Again, with the Inflation rate remaining a huge concern at double-digit for most part of this Financial Year, it has become imperative for the Govt to focus on both short term and long term measures to tackle the rising demand and stagnant production in the Agricultural sector. We propose the following expectations for the Agri sector: More investments in storage of goods: Reports of wastage in commodities like Wheat have regularly been there. This could be avoided by more investments in the Warehouse sector. Incentives should be given to the private sector for their participation in Procurement, Storage and Distribution activities. Higher the number of participants, lesser would be the problems associated with these activities. Broader participation of the Private sector is necessary in this regard. Incentives like Tax holidays, concessional loans , infrastructural facilities etc need to be given to the private sector so that they are able to actively participate in these activities Proper distribution channel: Despite higher production of Foodgrains, there have been reports of Foodgrains rotting in the open due to lack of storage facilities and inadequate infrastructure and channels to take the stocks out and distribute them. There should be easing of bottlenecks in Govt policy and infrastructure so that the goods could be distributed to the necessary places with minimum time lag
More subsidy on loans to farmers: There should be focus on increased financing through proper Govt agencies at lower costs for increased sowing of crops for the farmers
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Petrol/Diesel prices: There has been a significant rise in Petrol/Diesel prices that had created an upward thrust on the price of goods. The Govt should ensure reduction in freight charges and increasing subsidies for transportation of goods to keep prices under check Facilitation of Institutional Credit for Agri inputs: for the farm sector to raise agri productivity. Availability of Fertilizers, seeds and other inputs needed by farmers should be ensured at low rates. There should be scope for promoting greater investment in agri infrastructure and increased expenditure on irrigation. Raising the subsidy on Fertilizers for small farmers could enable them to raise productivity of the crops which have been stagnant over the last few years for most crops. Increased spending on upgrading Weather Forecasting system: Crops have been subjected to adverse weather conditions. Crop Insurance schemes should be made adequately available to farmers to prevent them from incurring losses. Apart from that, focus should also be there on the Weather Monitoring system. Upgradation of weather prediction channels could ensure better predictability of the Monsoon and other factors which could enable farmer to take informed decisions Mandi Taxes: This should be reviewed as higher taxes can raise prices SSI: More benefits and concessions to the Small scale Food Industries which are actively involved in import/export business so that they can compete in the Indian and the International markets
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Tariff structure: for imports and exports should be kept in a manner so that it is beneficial for the consumers and also safeguard the interests of the farmers. Encourage private participation in the Agri sector: for adoption of new Technologies by providing Tax incentives. This could enable not only higher productivity but also ensure efficient distribution of goods More focus on education of farmers: This can be done by encouraging Agri Educational Institutes through proper financing to take up education of farmers in a large scale. Higher knowledge would enable farmers to take informed decisions on various aspects of his work. Encouraging more investments in R&D in the Agri sector could also have a beneficial long term impact on the Farm production Investments in Transportation and Infrastructure like Roads and Railways : This could help in reducing the cost of transport and the time needed to shift goods from 1 place to another. A faster transport facility could prevent any significant rise in price in Agri Commodity from shortage in any part of the country
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Tariff structure: for imports and exports should be kept in a manner so that it is beneficial for the consumers and also safeguard the interests of the farmers. Encourage private participation in the Agri sector: for adoption of new Technologies by providing Tax incentives. This could enable not only higher productivity but also ensure efficient distribution of goods More focus on education of farmers: This can be done by encouraging Agri Educational Institutes through proper financing to take up education of farmers in a large scale. Higher knowledge would enable farmers to take informed decisions on various aspects of his work. Encouraging more investments in R&D in the Agri sector could also have a beneficial long term impact on the Farm production Investments in Transportation and Infrastructure like Roads and Railways : This could help in reducing the cost of transport and the time needed to shift goods from 1 place to another. A faster transport facility could prevent any significant rise in price in Agri Commodity from shortage in any part of the country
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CTT imposition: A few years back, in the union budget 2008-09, the Indian government has proposed impositions of commodity transaction tax (CTT) of 0.017%. The rationale for the same was to check price rise and volatility, check speculation, generating revenue and increasing transparency in dealings. Results have however suggested that there exists a negative relationship between transaction cost and liquidity, and a positive relationship between transaction cost and volatility. Thus if the Transaction cost is raised, liquidity of the markets would fall and that would result in increased volatility and hence increased speculation for the commodities. Thus the objectives of achieving price discovery from the Futures market may be negated. The proposal currently under consideration relates to CTT on trade transactions of non-farm commodities which account for over 80% of commodity Futures transactions. We try to analyze why it may not be beneficial for the Commodities markets:
Results have shown that the securities transaction tax (STT) has resulted in a shift in volumes from domestic to foreign markets. While SGX Nifty volumes more than doubled in the last five years, the high transaction tax in India led to Nifty futures volumes on the NSE falling two thirds. Foreign institutional investors have alternatives like SGX Nifty, where transaction charges are much lower.
Imposition of CTT, in line with STT, would result in Commodities volumes shifting to illegal markets (resulting in more acute problems associated with Dabba Trading) or to foreign bourses, as the tax would add to trading and hedging costs. Liquidity from intraday arbitrageurs would be heavily impacted
For getting Fair price discovery of Commodity prices through the Futures market, it is essential that more and more participants are there. Imposition of CTT would add to the rise in cost - leading to shift to other avenues and a resultant fall in number of participants
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