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Abstract
India has grown to be a powerhouse in providing Information Technology (IT) Services
to myriad clients all over the world. This sector has shown that it has what it takes to
move beyond pure cost arbitrage and up the value chain. Despite the successes of this sec-
tor and its prowess in providing world-class solutions, there is empirical evidence which
suggests that the domestic user industry remains woefully underserved for its IT require-
ments. This study theorises that this is due to the tax-break based incentives provided to the
Information Technology Service providers, which have resulted in an environment where
servicing the domestic IT users, especially the Micro and Small Scale Enterprises, becomes
non-remunerative.
Therefore, domestic industry’s use of Information Technology happens without any gov-
ernment aid or incentive. On the contrary, current government policies result in a number of
missed opportunities, rendering Indian businesses uncompetitive.
In this paper, we analyse the impact of export oriented tax incentives on the domestic
sector and attempt to identify a few policy mechanisms that could obviate their negative
effect.
1 Introduction
Over the last three decades and more, the Indian IT industry has matured to be a major world
player. The sector has grown by leaps and bounds in the last two decades. Current estimates [1]
put the IT–BPO services sector to account for almost USD 60 billion in revenues for FY ’09. As
a proportion of national GDP, the sector revenues have grown from 1.2 per cent in FY1998 to an
estimated 5.8 per cent in FY2009. Net value-added by this sector, to the economy, is estimated
at 3.5-4.1 per cent for FY2009. The sector’s share of total Indian exports (merchandise plus
services) has increased from less than 4 per cent in 1998 to almost 16 per cent in 2008.
These figures could be on the higher side, partly because they also account for the Business
Process Outsourcing (BPO) industry estimates. It is difficult to find standalone figures that tell
only the Information Technology story. Also, as Ms. Jayati Ghosh points out with regards to
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the IT sector in [2], “data on its performance remains extremely limited and inadequate. In fact,
while the rapid growth of the industry cannot be denied, there is increasing evidence that the size
of the industry’s revenues and contribution to GDP is exaggerated, because there is no proper
effort being made to independently evaluate the industry’s performance.” The fact remains that
till now the industry has had a phenomenal run and been responsible in no small measure for
India’s current growth.
Keeping all this in mind, we also note that the country has not made great strides where
the use of IT by the domestic users (especially where the Micro, Small and Medium Enter-
prises (MSMEs) are concerned). According to the 2008-09 Global Information Technology Re-
port (GITR), brought out by INSEAD in collaboration with the World Economic Forum, various
measures, India ranks #30 on the Business Usage Index metric (just below Ireland but above
Chile and Brazil) [3].
In this paper we argue that this dismal situation is because of the skewed incentive structure
of the Information technology sector which subsidises IT users abroad at the expense of the
Indian users. The paper starts off with a brief analysis of the sector—its growth patterns, delving
into some of the growth factors and a brief look at the incentives provided to the sector. Next,
we broadly look at the subject of tax incentives while paying particular attention to the IT sector.
We then propose our hypothesis that tax incentives in the current form push up IT costs for
domestic users, while subsidising them for foreigners. We conclude with some recommendations
to improve on the status quo and ensure accessibility to IT solutions for all classes of domestic
users.
2 Indian IT Sector
Over the course of its history, the Indian IT industry has been through a number of phases (see
Figure 1), starting with extremely low value-add body-shopping work to doing high-end consult-
ing today. Currently, the industry is characterised by the presence of a few very large companies
with a couple of billion dollars in turnover, each employing in excess of 50,000 people. The ma-
jority of these companies provide outsourced services to their overseas clients. These services
include maintenance of existing software, development of new software, remote infrastructure
management, product design and development and increasing amounts of IT and business con-
sulting.
The Indian IT sector has been the subject of many studies that have attempted to identify
some of the several factors responsible for the incredible growth of this sector. Rafiq Dossani [4]
has traced the origins and growth of the industry. The most comprehensive treatise of the sec-
tor’s growth, aptly titled “The Long Revolution” has been chronicled by journalist Dinesh C.
Sharma [5]. Some of the key factors that many of these studies have listed out are:
Demographic factors. India is possesses a demographic advantage over other nations by virtue
of its
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Value Addition
IP Focused Development
Consulting
Projects
Offshore
Onsite
Body Shopping
Time
Government Policy Reforms Despite many assertions to the contrary, the sector has received
substantial help from the government both by easing-up on regulations as well as other
measures (tax-exemptions) which have gone a long way.
Economic Liberalisation The sector has also benefited from the larger opening up of the In-
dian economy, for example, de-regulation of the telecom industry, easing of FDI norms,
reduction of duties on computers and electronic devices etc.
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Strengths Weaknesses
Threats Opportunities
We also note from the figures in [1], that the sector is heavily skewed towards exports with
over 2/3 revenue being generated from exports. On top of this, the USA is the largest partner
accounting for over 60% of exports. So, when the US catches a cold as has happened now, the
sector comes to a standstill. Even amongst service lines, BFSI (Banking, Finance Services &
Insurance) accounts for over 41%. As those in the industry know, most of the work in this sector
continues to be low-end work, mainly concerned with sustaining current business systems and
processes.
One of the authors, in an April 2009 blog posting [3] has analysed the state of the domestic
market and talked about the benefits of involving the larger services companies more in the
domestic market.
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? 100% Income Tax Holiday as per section 10A of the IT Act.
? 100% Customs duty exemption on imports
? Equipment can also be imported on loan or lease basis.
? All relevant equipment/goods including second hand equipment can be imported (except
prohibited items)
? 100% excise duty exemption on indigenous procurement.
? Central Sales Tax reimbursement on indigenous purchases.
? Green card enabling priority treatment for Government clearances/other services.
? 100% foreign equity investment in the companies permissible under the ‘Automatic Route’
of RBI.
? Sales in the DTA (Domestic Tariff Area) up to 50% of the foreign exchange earned by the
unit.
? Software units may also use the computer system for training purpose (including commer-
cial training).
Apart from these features, STPI units were also provided with
? Single Window Clearance
? Basic Infrastructure, including high speed dedicated data communication links at a time
(the 1990s) when the telecommunications sector was heavily regulated
Other governmental policy interventions that indirectly incentivised the IT sector was the sub-
stantial investments in building up of human capital — the setting up of multiple institutions of
higher learning aimed at the IT sector, the permissive policy in allowing the starting up of many
new engineering and technological institutes. Other factors have been the promotion of this sec-
tor by various state governments by way of providing large land tracts at virtually throw-away
prices, allowing developers leeway in development of technology parks by way of increased FSI
or the reduction in land requirements for software units setup in Special Economic Zones (SEZs).
As time has passed, the major factors drawing Export Oriented Units (EOUs) towards STPI
were the “single window clearance” and provision of basic infrastructure and communication
links, along with customs exemptions. As the nation has liberalised, many of these factors have
become moot and the one that still draws companies is the tax incentive. That is also a reason
why many companies are rushing towards the SEZs, even if it means substantial one-time costs
related to de-bonding of existing equipment in STPI, re-negotiating contracts1 etc. In §3 we look
at these tax exemptions in greater detail.
1 Customs bonded equipment in an STPI facility cannot be transferred to an SEZ and also all SEZ projects should
be new ones. Therefore, companies have to terminate their existing contracts and negotiate fresh ones in order to
claim SEZ benefits. That may be right in the letter of the law, but definitely not in its spirit.
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3 Tax Concessions
It is well understood by economists and innovation researchers that markets fail to fully fund
innovations because they are unable to appropriate the entire benefits of the innovation to them-
selves. Technology inevitably leaks, leading to a
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FY 2005–06 FY 2006–07 FY 2007–08 FY 2008–09
as a as a
as a as a
percentage percentage
percentage percentage
in Rs. in Rs. in Rs. of in Rs. of
of Gross of Gross
Crore Crore Crore Aggregate Crore Aggregate
Tax Tax
Tax Tax
Collection Collection
Collection Collection
206700 56.43 235191 50.27 285052 48.16 418095 68.95
Table 1: Total Revenue Foregone over the years. Note the difference between the “Gross Tax
Collection” which “refers to the aggregate of direct and indirect tax collected by the Central
Government” and “Aggregate Tax Collection” which “is the aggregate of net direct and indirect
taxes collected by the Central Government”. Source: [10, 9].
substantial, and increasing over time. We have given the figures from the 2007 and 2009 Revenue
foregone documents of the 2007 and 2009 Union Budgets [10, 9] in Table 1. From that we see
that the revenue foregone on account of the various tax exemptions is nearly half, and in 2008-09
was 2/3 of the Aggregate Tax Collection.
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3.2 Cost of Tax Incentives to IT Sector
From the 2007 and 2009 Revenue foregone documents [10, 9], we can get the figures of revenue
foregone by the government by way of Corporate Tax. These figures are tabulated in Table 2.
Also, the figures in Table 2 are only the corporate tax figures. A fuller appreciation of the entire
tax-break scenario can come in only when one looks at other exemptions that the sector gets by
way of:
? 100% Customs Duty Exemptions. This is a very large chunk as can be seen in Table 3.
4 Our Hypothesis
As pointed out in §2 and quantitatively illustrated in §3.2, the tax-breaks given by the government
to the Export Oriented Units in the IT sector is the major factor responsible for the phenomenal
growth of the industry. There is also empirical evidence that the industry has grown so used
to these tax breaks that it is unable to think of a life without such incentives. Industry clamour
for the last two years against removal of these breaks in the run-up to every budget and the
recent extension of the STPI scheme, as well as many companies’ attempts to move parts of
their business to SEZs help to bolster this view. Though to be fair, a personage no less than Mr.
Narayan Murthy of Infosys has spoken out against continued tax breaks for the IT sector3 , but
he is in a minority. Also, it is not sure whether he was only referring to the Corporate Tax breaks
2 Effective tax rate in case of companies is the ratio of total taxes paid [including surcharge and education cess but
excluding Dividend Distribution Tax and Fringe Benefit Tax] to the total profits before taxes [PBT] and expressed
as a percentage.
3 Narayan Murthy not in favour of Income Tax Exemption for IT Industry at http://www.taxguru.in/income-
tax/narayan-murthy-not-in-favour-of-income-tax-exemption-for-it-industry.html
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or other breaks to the sector by way of excise & customs duties and exemptions on service tax
and VAT.
We concur with Mr. Murthy in that these tax breaks have outlived their usefulness and cur-
rently serve to seek to hold back innovation, especially where it concerns the domestic user
industry. We argue that tax breaks for the domestic IT services sector is preventing companies
from using their expertise in solving local problems, thereby not allowing Indian domestic IT
users to serve the needs of their customers in an efficient and cost-effective manner by judicious
use of Information Technology.
4.1.1 To Whom?
The STPI incentives are limited to those Export Oriented Units which are Net Foreign Exchange
Earners (NFE). Thus a software development/consulting entity which is not in the business of ex-
porting its services, that is someone who only serves the needs of the domestic sector is ineligible
for any of these benefits.
As discussed in §2.2, apart from facilities like “single window clearance” and basic infrastruc-
ture, which are moot in today’s business scenario, the tax incentives are:
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4.2 Impact On Domestic Sector
We note in §4.1.1 that these incentives are limited to those entities which are NFEs. Many or-
ganisations who primarily serve domestic industries, especially the Micro, Small and Medium
Enterprises (MSMEs) will not be NFEs and therefore ineligible for such incentives. To under-
stand the impact of this, we will look at an example comparing an NFE and a non-NFE doing
similar work.
In this example we will assume that an Indian customer wishes to customise a piece of soft-
ware and this contract requires the provider to invest in some computer systems.
Customer QuoteNNFE = All Costs + Margin + Statutory Levies (Service Tax/VAT ) (12)
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1. Its cost of doing business increases by virtue of having to pay customs and excise levies
on systems or components procured as capex.
2. The quoted price increases because of statutory levies like service tax, VAT and CST.
3. The post-tax earnings are substantially reduced due to corporate income tax liability.
These factors result in the non-NFE becoming less competitive then the NFE, resulting in very
few people exclusively focusing on the domestic markets, thereby handing the market to the
NFEs on a platter and giving them a larger share of the local pie.
This might not look too wrong in the normal scheme of things, but a little digging is in order
here, especially because the NFEs primary revenue is generated overseas and the domestic sector
is not necessarily their focus.
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? Senior people outgrow their technical roles very fast due to the lack of challenges (most of
the work is low-end, repetitious and monotonous) and inevitably switch to project manage-
ment roles to continue along their career path. This ensures that the industry continues to
suffer from a lack of senior people well-versed in the design and implementation of fresh
technology solutions.
? Management is not willing to put seasoned and talented resources to the domestic market
because their higher margin foreign clients want the best talent to work for them, even
though the individual’s skills may not be completely utilised.
? Management invariably focuses on their foreign clients, thereby ensuring that quality of
local market deliverables is often poor.
Another effect is related to the lack of solutions and products designed with the domestic con-
sumer in mind. This leads to either expensive retrofit of existing solutions or monopolistic be-
haviours in the few vendors having these products.
? The lack of solutions suitably designed and developed for the domestic sector forces con-
sumers to either build solutions using their own in-house and often not always fully-skilled
teams, or to buy and retrofit existing solutions.
? Severe lack of competition in the local market leading to rent-seeking, monopolistic be-
haviour by the incumbents.
We also note that this focus on the export market creates an unfortunate situation where compa-
nies that wish to partake of the higher-end service offerings of NFEs seek out ways to circumvent
export regulations. We look at one of the mechanisms in §4.5.
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a growth enabler and having successful and efficient IT solutions complementing the business
is often a given to succeed. Unfortunately many of the MSMEs so not have the deep pockets
to be able to engage the large providers on their terms and therefore are unable to leverage the
immense benefits that IT could potentially give them, thereby stagnating their growth.
Creating this new breed of domestically focused companies would require a significant shift
in the mindset of the industry and its talented pool of people and difficult to achieve while the
NFEs continue to garner the best people by paying above market compensation and other fringe
benefits, by virtue of their inherently higher margins compounded by government provided tax
incentives. Going forward, we feel that will be a significant challenge. We outline certain reme-
dial measures in §5.
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5.1 Remedial Measures
To remedy some of the defects in the current scenario pointed out and ensure that innovation con-
tinues to happen and the benefits of Information & Communication Technologies (ICT) percolate
down to the people, it is important that the playing field currently heavily skewed in favour of
large NFEs be levelled out so as to allow domestically focused non-NFEs in providing IT benefits
to their consumers.
Therefore, it is time to have a long, hard look at the entire Information Technology sector as
a whole and identify those parts of the system that no longer need incentives. Incentives should
move from being broad-based and export-focused to targeted and a judicious mix of both export
oriented and domestically focused.
We understand that while industries are setting up and developing innovative Bottom of Pyra-
mid (BOP) solutions they do need a revenue stream to fund such innovations. An export-focused
services business is a reasonably good way to ensure a steady cash-flow that could help build new
solutions. Unfortunately, the problem with this “easy cash” is that instead of being a means to an
end, it becomes the end itself. This is what companies should avoid and pursue their innovations
to the end.
1. The Government should not continue to extend tax incentives to the large companies who
are involved in run-of-the-mill Export Oriented businesses. Such tax incentives if they
need to be given should be limited to companies that can show tangible value creation for
their clients
2. A policy to reduce the inequities between companies serving the domestic and export sec-
tors should be promulgated. This could be by way of giving some incentives to those
companies that are involved in various societal measures like e-governance, companies
involved in cutting edge technologies and other identified sectors
3. Certain tax incentives could be provided to companies that are involved in developing
software products for use of the local markets.
4. A comprehensive and independent study that clearly demarcates between the various sub-
parts of the IT industry and their contributions to the economy, as well the impact of various
policies be carried out.
5. Another study that looks at the Information Technology costs of the user industries and
compare them with their peers in other economies should be done to understand how var-
ious policy decisions intended to benefit the Information Technology sector impacts user
costs.
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6 Acknowledgements
This paper grew out of a presentation that the authors gave at the UNU-MERIT Training Pro-
gramme in Design and Evaluation of Innovation Policies (DEIP) held at New Delhi in February
2009. The authors would especially like to thank Prof. Dr. Adam Szirmai and Dr. Sunil Mani
for their valuable suggestions. We are also thankful for the support given by the programme
participants.
References
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Authors’ Bio:
Sachin Garg is the Principal Consultant with Navankur, a consulting startup focused on pro-
viding innovative, economical & scalable Information Technology solutions to Micro,
Small and Medium Enterprises. He has over 12 years of diverse industry experience.
He is currently focused on the innovative use of technology to solve real-world prob-
lems. As part of that focus, he attended the prestigious “Design and Evaluation of In-
novation Policies”, an international training programme conducted by the United Nations
University-Maastricht Economic Research Institute on Innovation and Technology, Maas-
tricht, The Netherlands. He holds a Masters degree in Computer Science Engineering
from the Motilal Nehru National Institute of Technology, Allahabad and a Bachelors in
Electronics Engineering from the National Institute of Technology, Rourkela. He can be
reached at: sachin@NavankurIT.in
Rashmi Sarita is a Senior Assistant Director with the Federation of the Indian Chambers of
Commerce and Industry (FICCI). She currently looks after the Science & Technology sec-
tion, concentrating on innovation. She has also worked with FICCI’s Intellectual Property
Rights division. She holds a Masters in International Business from the Delhi School of
Economics. She can be reached at: rashmisarita@gmail.com
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