So finally our Bureaucracy had to give up its Ego and accept its mistake
World confused over what India has achieved through retrospective taxation: Investment law expert Prabhash Ranjan
The retrospective tax amendment should never have been introduced by the government in the first place, given that it has achieved precious little in nearly a decade, Prabhash Ranjan, Senior Assistant Professor at South Asian University’s Faculty of Legal Studies, told Moneycontrol. However, the move will still assure global investors of predictability in India’s tax policy, he stressed.
Ranjan, who is the author of ‘India and BITs’, also spoke about what to expect from India’s trade negotiations, many of which are stuck over bilateral investment treaties (BITs). Edited Excerpts:
Q. What kind of impact will India’s reputation face globally, having lost successive domestic and international rulings and then changing tax rules?
A. While doing away with retrospective taxation is a significant development that the investor community would surely welcome, it leaves the world confused about what India ultimately achieved in these nine long years. The law should not have been amended retrospectively in the first place. The NDA government should have corrected the blunder of the UPA government as soon as it took office in 2014 instead of waiting for these disputes to play out.
Q. Will the decision help in ending the hostility between Vodafone, Cairn and the government on the retrospective taxation issue if the companies agree to the government's terms?
A. It depends on whether Vodafone and Cairn Energy accept the conditions given in the Bill. If both are happy getting back the principal amount without interest and waiving their right to bring claims then it might bring the disputes to an end. However, if they would also like the government to pay the interest and other costs as ordered by the two ISDS tribunals, then the disputes will continue. This is especially true for Cairn Energy because they stand to lose around $0.5 billion — the additional amount they could have got as per the arbitration tribunal's order, in the form of interest and other costs.
Q. Does the latest decision still leave the government open to legal action by other corporates on related matters?
A. Unlikely unless foreign investors would like to claim interest on taxes already paid, due to the retrospective taxation.
Q. Given how India is currently focused on pulling in investments and global value chains, especially from China, what impact do you see this having on investment flows?
A. This move will definitely lift investor sentiment. But whether it would result in greater investment inflows is difficult to answer because investment inflows do not depend on just one factor/law.
Q. Will the latest decision require a change in India’s model BIT framework?
A. No. India’s model BIT excludes taxation measures from the purview of the investment treaty. So, India can continue with the same provision if it is convinced that taxation matters should not be arbitrated before investment treaty arbitration tribunals.
Q. What impact do you think the latest move will have on ongoing free trade agreement negotiations, such as the ones with the EU, UK and US? All of these remain hamstrung over India’s insistence on keeping the BIT model as the basis of investment rules... foreign nations are protesting India prioritising domestic arbitration over international ones.
A. It would have a positive impact in terms of sending out a signal that India is serious in offering a certain and predictable legal and taxation framework to foreign investors. I do not think India’s stand on taxation in BITs is going to change due to this amendment. So, the question of taxation in the investment treaty negotiations will continue to be an important issue.
While the government’s move to do away with the controversial retrospective taxation amendments has been late in coming, it will nonetheless signal policy stability to foreign investors, says senior international investment and tax law expert Prabhash Ranjan
www.moneycontrol.com
Indian economy shows signs of rebound: Here’s data showing green shoots
The Indian economy is showing signs of a strong rebound from the Covid-19 second wave lows. CNBC-TV18’s Latha Venkatesh has the fine print. There are green shoots, but they're not really grown into trees yet, she says.
Export Data
The latest data we have is a superb number. It is the highest data and it is certainly a multiyear high, maybe an all-time high, definitely much higher than the long-term average.
Import Data
Imports, again at $46 billion is a near-term high. Looking at the non-oil non-gold imports, which really matters for growth, there as you can see, it's not that good. A lot of metals, chemicals and manufacturing items have been imported. So Indian economy is recovering enough for imports to grow. But the non-oil and non-gold imports are not quite there just yet.
Manufacturing PMI
This has shown a fairly decent recovery from 48 to 55. We have seen a 55 to 60 almost from last September to up until this March. So we are nowhere near pre-Covid enthusiasm.
Auto sales
Bajaj Auto is the only one which showed in terms of two-wheelers, a very good number, almost their usual average and that's because the exports are doing well. If you look at Hero MotoCorp it is still struggling. Hero, in 2018-19 used to average six to seven lakh vehicles a month. So they are a distance from normalcy. Maruti again, it's an improvement from perhaps the terrible numbers in May. But it's quite a distance from the three-year-ago level, showing that the performance is not all that good.
GST collections
It is an excellent number at 1.16 lakh crore, considering the manufacturing and services are not working to capacity. So, this is a smarter collection. The government is using data mining, interfacing database data sets, and therefore it doesn't show growth as much as it shows good tax implementation. The point is it is a seven percent two-year CAGR and not comparing to last year because last year was terrible 33 percent above last year, but seven percent above that is a two years CAGR of seven percent clearly shows they're getting it right in implementation it is higher than pre-COVID-19 level.
Direct Taxes
Award for the best performance clearly goes to direct taxes, especially corporate taxes. Total tax mop-up by the Centre at 4.13 lakh crore in the first quarter. It is three times what it was last year, same time. And the important part is what is it as a percentage of the full year, it is 27 percent of a full year. In any normal year, we would have done only half of that. So that's the most important point 26 percent of full-year tax collections in the first three months is a record, we normally do about 15 percent.
So excellent corporate profits mean excellent growth. And if you look at the CAGR over two years, it is a 37 percent CAGR. If you only want to compare it to last year, it is a 129 percent growth. And if you're comparing it over two years, it is a 77 percent growth. And you know, 2019 was a normal year. So clearly, corporates are doing very well. But maybe that is already reflected in the mid-cap index. That one is up 35 percent since January, the small-cap index is up 50 percent since January.
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