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Indian Budget 2017: Transforming, Energising and Cleaning India?

Indian Budget 2017: Transforming, Energising and Cleaning India?

The Budget 2017-18 has many measures to take the economy forward. Milestones such as creating digital infrastructure, new initiatives for skill development, reforming the UGC should lead to enhancing India’s strength as an economic and educational power house.

The Budget 2017-18 was historical in more ways than one. The Finance Minister presented this Budget on February 1, instead of the last day of the February, which was the tradition so far. Secondly, it was the first union Budget which also included the Railway Budget. The merger of the Railway Budget with the General Budget was done keeping in view of bringing the Railways to the centre stage of Government’s fiscal policy in order to facilitate multi modal transport planning between railways, highways and inland waterways.

Thirdly, it was a Budget after demontisation, second in the history of India. In fact, Arun Jaitley has the distinction of being the Finance Minister who also presented many path breaking, historical and impactful economic reforms and policy making. It was in his tenure that GST Bill and the Insolvency and Bankruptcy Code were presented and passed by the Parliament. Both these reforms are of great significance to India. In the UPA 2, a new Company Act was promulgated and the Competition policy was formulated which were path breaking moments also in the history of India as far as regulatory structure in India is concerned.

Coming to Budget 2017, there was much anticipation and apprehension given what the country had seen during the past three months. Then on the day of the Budget, there was sad demise of a sitting member of the lower house of Parliament. This created a unique situation, since as per the rule, the House should be adjourned for the day after expressing the condolences on the demise of a sitting MP. However, there was also a precedent when the Budget presentation went on without any adjournment at the death of a sitting MP, just a silence for a few minutes before the beginning of the session. But the opposition this time demanded an adjournment. However, when the House met, the Speaker asked the Finance Minister to present the Budget 17-18 after a minute a silence expressing condolences.

The Union Finance Minister started presenting the Budget 2017 amid some mild protests by the opposition members but it died down soon as the FM went ahead with the presentation. Business got precedent over politics. The finance minister began by saying that he was presenting this Budget when the world economy faced considerable uncertainty, in the aftermath of major economic and political developments during the last one year. He also said that amidst global bleaky scenario, India stood out as a bright spot in the world economic landscape. India’s macro-economic stability continues to be the foundation of economic success. CPI inflation has declined from 6% in July 2016 to 3.4% in December, 2016 and is expected to remain within RBI’s mandated range of 2% to 6%. Foreign Direct Investment (FDI) has increased from ` 1,07,000 crores in the first half of last year to ` 1,45,000 crores in the first half of 2016-17. This marks an increase by 36%, despite 5% reduction in global FDI inflows.

Mr Jaitley also said that the Government has also continued on the steady path of fiscal consolidation, without compromising on the public investment requirements of the economy. Talking about the demonitisation, the FM said that it sought to create a new ‘normal’ wherein the GDP would be bigger, cleaner and real. He said, “This exercise is part of our Government’s resolve to eliminate corruption, black money, counterfeit currency and terror funding. Like all reforms, this measure is obviously disruptive, as it seeks to change the retrograde status quo. Drop in economic activity, if any, on account of the currency squeeze during the remonetisation period is expected to have only a transient impact on the economy.”

Pic caption : A.S. CHANDHIOK Senior Advocate and former Additional Solicitor General of India and former Principal Counsel, State and Judicial Affairs, European Union Commission.
Comments on the Budget 2017-18

The Budget 2017-18 was a budget to consolidate the tax reforms so far announced by the Governments ever since 1991-92 though it ought to have reached the much-awaited goal of achieving full-fledged tax reforms. May be in the Government’s view the near optimal economic year would be 2018 after GST is brought into operation. The Hon’ble Finance Minister has sent the first signal to all those whose turnover is less than 50 crores and reduced the corporate tax by 5% but the budget fell short of not considering that the tax surcharge of 10% and 15% continuing to be levied for that would really take away the benefit given to the firms and companies having a turnover of less than 50 crores. On the personal income tax side, the budget did take a significant step of reducing the tax rate from 10% to 5% for the lower middle class taxpayers i.e., between Rs. 2.50 lacs to Rs. 5 lacs and may also benefit taxpayers earning between Rs. 5 to Rs. 50 lacs to some extent.

If the tax compliance data offered in the budget itself is taken into account, the result that follows is that taxpayers for the financial year 2015-16 earning between ` 10,00,000/- to ` 50,00,000/- only 13% individuals paid taxes to which there is no surcharge. The taxpayers above ` 50,00,000/- were over 26%. Therefore people earning more than ` 50,00,000/- were tax compliant and believed in rule of law but continue to be subjected to 10- 15% surcharge. Therefore, the budget misses a great opportunity of giving relief to such taxpayers by reducing the rate or surcharge. The policy of exacting more from the most tax compliant needs attention of the government.

The slab of ` 2.50 lacs has been retained by the budget for it estimates that 62% of the non-cultivator work force earns less than ` 2.50 lacs a year. The Budget claims that the demonetization did not have a big negative impact on the economy. Official estimates peg the DGP growth at no less than 6.7% with GDP for agriculture as 4.1% and expects that the kharif acreage would have an expansion of 3.5%. The budget estimates the agriculture growth for 2016-17 as 4.1% and claims that the ruby acreage has expanded by a minimum of 5.9%. This is in terms of the Economic Survey as of January 2013, which also asserts that the wheat acreage is up by 7.1%. Thus a minimum level of agricultural growth close to 5% will be there for 2016-17. The budget expects higher tax revenue and consequently, a higher GDP growth.

The Economic Survey raised the hope that something would be done in the budget to revive private investment and rationalized subsidies. Unfortunately on both these aspects there was no attention in the budget. One expected that based on the survey the budget will bring about some rationalization in the subsides and aggressively push Jan Dhan, Aadhar and mobile but on this front too the budget is silent. One had also expected that after LPG, subsidies for food and fertilizers would be rationalized if not given a complete go by. Notwithstanding what is noticed above, the budget does take several positive steps and move into directions that were required namely public investments for roads and railways. However, the substantial share of this investment comes from the PSU sector and incentives for private investment in these areas will boost the development. While saying so, the survey portrays that the longterm effects are conditional.

In the last budget before the present one National Infrastructure Investment Fund was announced with a loud voice but the present budget is silent on that.

One would have expected more aggressive and solution oriented action plan on non-performing loans, which is an ongoing disease with the banking and corporate sector. The budget does not deal with this issue with 90 billion US Dollars as nonperforming loans, though in reality it would be much larger. A well-known saying in law that delay in disposal is denial of justice, is equally applicable to the plaguing banking sector problems. International experience shows that the earliest the countries resolve the banking sector problems, they set their economy on a better pedestal and road to recovery.

The Economic Survey does refer to an establishment of a public sector asset rehabilitation company where all nonperforming loans shall be transferred and settled, so that the red in the balance sheet of the public sector banks and corporates is eliminated. It is however, not clear and no guidelines are laid as to how these public sector assets shall create their corpus and get financed.

Reserve Bank of India already had a good bashing and lost its creditability after the demonetization and if called upon to transfer securities to the asset reconstruction company, it would be adding fuel to fire.

One expects and wishes that the government would in future not think of bringing policies, which it is incapable of implementing like the demonetization. The setbacks received by the economy need to be addressed by the government, including increase in disinvestment, so that the economy can genuinely take the road to recovery and create jobs, which is the need of the hour, especially after the bashing by Trump from United States.

Steve H. Hanke, the noted American economist recently tweeted that demonetization is for losers and the Indian Prime Minister does not know where the country is heading now. Does our budget make us buy that?…

…as told to Khalid Perwez of Lex Witness bureau

Mr Jaitley also said that the Government has also continued on the steady path of fiscal consolidation, without compromising on the public investment requirements of the economy. Talking about the demonitisation, the FM said that it sought to create a new ‘normal’ wherein the GDP would be bigger, cleaner and real. He said, “This exercise is part of our Government’s resolve to eliminate corruption, black money, counterfeit currency and terror funding. Like all reforms, this measure is obviously disruptive, as it seeks to change the retrograde status quo. Drop in economic activity, if any, on account of the currency squeeze during the remonetisation period is expected to have only a transient impact on the economy.”

The Budget presented had ten distinct themes to ‘foster the agenda which is to ‘Transform, Energise and Clean India’. The themes are farmers, rural population, youth, poor and the underprivileged, infrastructure, etc. Focusing on his last year commitment to double farmers’ income in 5 years, the FM has fixed agricultural credit in 2017-18 at a record level of ` 10 lakh crores. The FM has also announced that Government will support NABARD for computerisation and integration of all 63,000 functional Primary Agriculture Credit Societies with the Core Banking System of District Central Cooperative Banks. This will be done in 3 years at an estimated cost of ` 1,900 crores. In order to enable farmers to get better prices for their produce in the markets, the coverage of National Agricultural Market (e-NAM) will be expanded from 250 markets to 585 APMCs and the assistance up to ` 75 lakhs will be provided to every e-NAM. A model law on contract farming will be prepared and circulated among the States for adoption cost of ` 1,900 crores.

Pic caption : “The Budget is strong on reforms, fiscal numbers and macroeconomic parameters. It will boost the rural and agriculture sectors.” Shaktikanta Das, Secretary, Economic Affairs Ministry

Targeting rural population, the FM aims to bring one crore households out of poverty and to make 50,000 Gram Panchayats poverty free by 2019. He has made MGNREGA allocation for the year 2017-18 as the highest ever at ` 48,000 crores. The FM also announced that The Pradhan Mantri Gram Sadak Yojana (PMGSY) is now being implemented as never before as the pace of construction of PMGSY roads has been accelerated to 133 km roads per day in 2016-17, against an avg. of 73 km during 2011-2014. India also aims to achieve 100% village electrification by May 2018.

In order to bring transparency in electoral funding, the FM has announced that the maximum amount of cash donation, a political party can receive, will be ` 2000 from one person, and every political party would have to file its return within the time prescribed in accordance with the provision of the Income-tax Act.

“These steps (proposals on cleaning-up political funding and abolition of the FIPB) are big signals about the government mindset. (They) show its determination to shed the skin of legacy and step firmly into the future.”

Anand Mahindra
Chairman and Managing Director Mahindra Group
PERSONAL INCOME-TAX l
  • Existing rate of taxation for individual assesses between income of Rs 2.5 lakhs to 5 lakhs reduced to 5% from the present rate of 10% and the surcharge of 10% of tax payable on categories of individuals whose annual taxable income is between Rs 50 lakhs and Rs 1 crore.
  • Simple one-page form to be filed as Income Tax Return for the category of individuals having taxable income upto Rs 5 lakhs other than business income
  • FM has appealed to all citizens of India to contribute to Nation Building by making a small payment of 5% tax if their income is falling in the lowest slab of 2.5 lakhs to 5 lakhs.
GOODS AND SERVICES TAX
  • The GST Council has finalised its recommendations on almost all the issues based on consensus on the basis of 9 meetings held and the preparation of IT system for GST is also on schedule.
  • The extensive reach-out efforts to trade and industry for GST will start from 1st April, 2017 to make them aware of the new taxation system.
FINANCIAL SECTOR
  • Foreign Investment Promotion Board to be abolished in 2017-18 and further liberalisation of FDI policy is under consideration.
  • An expert committee will be constituted to study and promote creation of an operational and legal framework to integrate spot market and derivatives market in the agricultural sector, for commodities trading. e- NAM to be an integral part of the framework.
  • Bill relating to curtail the menace of illicit deposit schemes will be introduced. A bill relating to resolution of financial firms will be introduced in the current Budget Session of Parliament. This will contribute to stability and resilience of our financial system
  • A mechanism to streamline institutional arrangements for resolution of disputes in infrastructure related construction contracts, PPP and public utility contracts will be introduced as an amendment to the Arbitration and Conciliation Act 1996.
  • A Computer Emergency Response Team for our Financial Sector (CERT-Fin) will be established. The government will put in place a revised mechanism and procedure to ensure time bound listing of identified CPSEs on stock exchanges.
  • The shares of Railway PSEs like IRCTC, IRFC and IRCON will be listed in stock exchanges.
  • Propose to create an integrated public sector ‘oil major’ which will be able to match the performance of international and domestic private sector oil and gas companies.
  • In line with the ‘Indradhanush’ roadmap, ` 10,000 crores for recapitalisation of Banks provided in 2017-18. l Lending target under Pradhan Mantri Mudra Yojana has been set at ` 2.44 lakh crores. Priority will be given to Dalits, Tribals, Backward Classes and Women.
Pic caption : “Fiscal deficit mark is consistent with steady consolidation path. Government is not breaching any target on fiscal front; still on consolidation path. Public investment allocation rising will help shortfall in private investment. Income tax rate being lowered will spur private sector growth. Next year will be first year of implementation of GST. Center’s indirect tax kitty will be challenged next year.” Arvind Swamy, Chief Economic Advisor, Government of India
INFRASTRUCTURE
  • For transportation sector as a whole, including rail, roads, shipping, provision of ` 2,41,387 crores has been made in 2017- 18 and the total capital and evelopment expenditure of Railways has been pegged at ` 1,31,000 crores. This includes ` 55,000 crores provided by the Government
  • For passenger safety, a Rashtriya Rail Sanraksha Kosh will be created with a corpus of ` 1 lakh crores over a period of 5 years and unmanned level crossings on Broad Gauge lines will be eliminated by 2020.
  • Railway lines of 3,500 kms will be commissioned in 2017-18. During 2017-18, at least 25 stations are expected to be awarded for station redevelopment and 500 stations will be made differently abled friendly by providing lifts and escalators. It is proposed to feed about 7,000 stations with solar power in the medium term
  • A new Metro Rail Policy will be announced with focus on innovative models of implementation and financing, as well as standardisation and indigenisation of hardware and software
  • A new Metro Rail Act is going to be enacted by rationalising the existing laws. This will facilitate greater private participation and investment in construction and operation.
  • In the road sector, Budget allocation for highways increased from ` 57,976 crores in BE 2016-17 to ` 64,900 crores in 2017-18.
  • Select airports in Tier 2 cities will be taken up for operation and maintenance in the PPP mode. By the end of 2017-18, high speed broadband connectivity on optical fibre will be available in more than 1,50,000 gram panchayats, under BharatNet. A DigiGaon initiative will be launched to provide tele-medicine, education and skills through digital technology.
  • For creating an eco-system to make India a global hub for electronics manufacturing a provision of ` 745 crores in 2017-18 in incentive schemes like M-SIPS and EDF.
  • A new and restructured Central scheme with a focus on export infrastructure, namely, Trade Infrastructure for Export Scheme (TIES) will be launched in 2017-18

“Finance Minister, in any budget, has to do a very tight rope walking between boosting economic growth, containing expenditure and improving tax collection, with a keen eye on containing the fiscal deficit. To that extent, the FM in the budget for 2017-18 has tried to keep the fiscal deficit at 3.2% of GDP and has also created some fiscal space to reduce tax rate for 96% of the companies which have turnover below ` 50 crores; total outgo on that account is estimated to be ` 7,200 crores. This tax rate reduction would give a fillip to large number of companies, which are MSME, and allow them to join the formal sector. Finance Minister has also given 50% tax relief to the lower end of the taxable income, up to ` 5 lacs, and thereby he has incentivized small taxpayers to file tax returns. Both these tax reductions aimed at small taxpayers would have salutary impact on the taxpayers’ base. But this also has a downside as taxpayers in this bracket would have no incentive to file higher taxable income, and that could increase evasion and administrative cost, contrary to the basic framework of taxpayer friendly approach.”

Mr. Sanjay Kumar
Senior Director, Deloitte Haskins & Sells LLP
Pic caption : “Of course there is problem of jobs. The Budget is not meant to do all this. The Budget is meant to ensure growth and the jobs happen when growth happens. The Budget is meant to create an enabling environment for entrepreneurship.” Bibek Debroy, NITI Ayog
DIGITAL ECONOMY

The Government will launch two new schemes to promote the usage of BHIM and Aadhar Pay, a merchant version of Aadhar Enabled Payment System, will be launched shortly

  • A Mission will be set up with a target of 2,500 crore digital transactions for 2017-18 through UPI, USSD, Aadhar Pay, IMPS and debit cards.
  • A proposal to mandate all Government receipts through digital means, beyond a prescribed limit, is going to be considered.
  • Banks have targeted to introduce additional 10 lakh new POS terminals by March 2017. They will be encouraged to introduce 20 lakh Aadhar based POS by September 2017.
  • The Budget has proposed to create a Payments Regulatory Board in the Reserve Bank of India by replacing the existing Board for Regulation and Supervision of Payment and Settlement Systems.
PROMOTING AFFORDABLE HOUSING AND REAL ESTATE SECTOR
  • Under the scheme for profit-linked income tax deduction for promotion of affordable housing, carpet area instead of built up area of 30 and 60 Sq.mtr. will be counted.
  • he 30 Sq.mtr. limit will apply only in case of municipal limits of 4 metropolitan cities while for the rest of the country including in the peripheral areas of metros, limit of 60 Sq.mtr. will apply
  • For builders for whom constructed buildings are stock-in-trade, tax on notional rental income will only apply after one year of the end of the year in which completion certificate is received
  • Reduction in the holding period for computing long term capital gains from transfer of immovable property from 3 years to 2 years. Also, the base year for indexation is proposed to be shifted from 1.4.1981 to 1.4.2001 for all classes of assets including immovable property. For Joint Development Agreement signed for development of property, the liability to pay capital gain tax will arise in the year the project is completed.
  • Exemption from capital gain tax for persons holding land on 2.6.2014, the date on which the State of Andhra Pradesh was reorganised, and whose land is being pooled for creation of capital city of Andhra Pradesh under the Government scheme

“Rural markets have suffered for the longest period of time. This year’s been an okay monsoon; the last two years have been very bad. And then demonetization came, so it slid again. But hopefully with these measures coming in, I’m sure that the rural economy is going to start to spur once again and that’s going to be very good for companies like ours. That’s really is the next frontier as far as consumption is concerned.”

Varun Berry
managing director, Britannia Industries Ltd
Pic caption : “Political funding reforms historic. I’ve been advocating for years.” Baijayant Jay Panda, Biju Janata Dal
MEASURES FOR STIMULATING GROWTH
  • Concessional withholding rate of 5% charged on interest earned by foreign entities in external commercial borrowings or in bonds and Government securities is extended to 30.6.2020. This benefit is also extended to Rupee Denominated (Masala) Bonds.
  • For the purpose of carry forward of losses in respect of start-ups, the condition of continuous holding of 51% of voting rights has been relaxed subject to the condition that the holding of the original promoter/promoters continues. Also the profit (linked deduction) exemption available to the start-ups for 3 years out of 5 years is changed to 3 years out of 7 years.
  • MAT credit will be allowed to be carried forward up to a period of 15 years instead of 10 years at present
  • In order to make MSME companies more viable, income tax for companies with annual turnover upto ` 50 crore has been reduced to 25%
  • Allowable provision for Non-Performing Asset of Banks increased from 7.5% to 8.5%. Interest taxable on actual receipt instead of accrual basis in respect of NPA accounts of all non-scheduled cooperative banks also to be treated at par with scheduled banks
  • Basic customs duty on LNG reduced from 5% to 2.5%
PROMOTING DIGITAL ECONOMY
  • Under scheme of presumptive income for small and medium tax payers whose turnover is upto 2 crores, the present, 8% of their turnover which is counted as presumptive income is reduced to 6% in respect of turnover which is by non-cash means.
  • No transaction above ` 3 lakh would be permitted in cash subject to certain exceptions
  • Miniaturised POS card reader for m-POS (other than mobile phones or tablet computers), micro ATM standards version 1.5.1, Finger Print Readers / Scanners and Iris Scanners and on their parts and components for manufacture of such devices to be exempt from BCD, Excise/CV duty and SAD
EASE OF DOING BUSINESS
  • Scope of domestic transfer pricing restricted to only if one of the entities involved in related party transaction enjoys specified profit-linked deduction
  • Threshold limit for audit of business entities who opt for presumptive income scheme increased from ` 1 crore to ` 2 crores. Similarly, the threshold for maintenance of books for individuals and HUF increased from turnover of 10 lakhs to 25 lakhs or income from 1.2 lakhs to 2.5 lakhs.
  • Foreign Portfolio Investor (FPI) Category I & II exempted from indirect transfer provision. Indirect transfer provision shall not apply in case of redemption of shares or interests outside India as a result of or arising out of redemption or sale of investment in India which is chargeable to tax in India.
Pic caption : “It was a fairly routine Budget... in the sense that there have not been much changes on the revenue side. Nevertheless, I am happy that the fiscal deficit is maintained at 3.2 per cent. The original road map has set it at 3 per cent.” C. Rangarajan, former RBI governor

“The Finance Minister has presented a balanced budget, underlined by the continued push to using technology to aid a digital economy. As India strengthens its position on the global map, the need for skilled youth is crucial. The budget’s focus on extending market relevant training for the youth and setting up 100 international skill centers across the country, is a positive move.”

Anant Maheshwari
president, Microsoft India
  • Commission payable to individual insurance agents exempt from the requirement of TDS subject to their filing a self-declaration that their income is below taxable limit.
  • Under scheme for presumptive taxation for professionals with receipt upto ` 50 lakhs p.a. advance tax can be paid in one installment instead of four
  • Time period for revising a tax return is being reduced to 12 months from completion of financial year, at par with the time period for filing of return. Also the time for completion of scrutiny assessments is being compressed further from 21 months to 18 months for Assessment Year 2018-19 and further to 12 months for Assessment Year 2019-20 and thereafter.

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