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Pre-Budget Sectoral Picture

Just how were assorted sectors of the Indian economy placed, headed into 2005-06, before the Budget?

By Team Ernst & Young

The automobiles sector was revving up for action on the domestic front, passenger car sales having crossed the one-million-unit mark, and two-wheelers about six times that figure (motorcycles outpacing scooters, as before). Auto ancillary units, meanwhile, were readying to turn India into a global export hub---with several tie-ups expected for the purpose.

BUDGET 2005-06 IMPACT

Media & entertainment, entering fiscal 2005-06, was set for an audience-engaging future, with heightened activity in diverse segments of the sector (estimated at $4.3 billion), despite FDI being capped at 26 per cent of equity for print and TV news vehicles. Advertising, film and music---fully open to FDI---looked buoyant, too.

FMCGs, meanwhile, have rebounded after several poor years, and though the VAT switchover and input-cost volatility have been concerns, the outlook has been bright enough to call for major capacity expansions and product rollouts.

Oil & gas was a sector poised for dramatic evolution, especially with India's gas demand projected to soar from the current 88 MMSCMD (allocated demand of 119 MMSCMD) to 200 MMSCMD by 2007---for electricity generation apart from fertilizer feed. Petroleum products, at 105 million tonnes per annum, were growing at 5-6 per cent annually, and the challenge here was input volatility management.

Engineering and capital goods has been growing in double digits, with power projects giving an impetus, even as new industrial capacity additions pack the order books. Import duties have been at a peak of 20 per cent, largely. Input escalation has resulted in some margin pressure.

Textiles were seen as a global opportunity if India were to get its act together, now that trade distortions are on their way out. India has only 4 per cent of the world textile trade, placed at some $200 billion annually, but by WTO projections, the country's share could possibly rise to 16 per cent (with trade expanding to $856 billion in 2010), even as China's share widens from 15 to 50 per cent.

Cement, with an installed capacity of an annual 153 million tones in India, has witnessed both consolidation and a price uptrend, which was expected to continue as demand is driven towards double-digit growth by infrastructure and construction offtake.

Metals were buoyant, with new steel capacity coming up to augment the current 35 million tonnes per annum. Demand in 2005 was projected at 37 million tonnes, up 8 per cent over the pervious year. Non-ferrous metals were placed, happily for producers, at a point of copper and aluminium demand (growing by mid-single digits worldwide) outpacing supplies in the cycle. This meant rising prices, and investments in new capacities and raw sources. Robust Chinese consumption was a big factor, too.

Healthcare is a story of calibrated integration with the global industry, with India bringing its pharma players in line with WTO obligations on intellectual property and enhanced investment in R&D, even as companies exploit the potential in contract and generics manufacturing. In all, a higher risk, higher return future

Telecom, at $ 11 billion, was expected to keep up its frenetic pace, adding some 1.7 million mobile phone subscribers a month. At last count, India had 45 million landlines and 48 million mobile subscribers. That's 95 million in all, a figure expected to touch 250 million by 2007-08 (for which raising the FDI cap to 74 per cent was deemed necessary).

Airports were expecting modernization---billed to need around US$ 9 billion just for upgradation---even as Indian airports had to deal with passenger traffic nearing 50 million (two-thirds at metro airports alone, out of the 122 under the Airport Authority's management). Pre-qualification bids for privatization of Delhi and Mumbai airports had been received, and air travel was waiting for a mammoth leap forward.

Ports had tried out privatization with Mumbai's Jawaharlal Nehru Port Trust (JNPT) turned over to a private consortium. But with cargo volumes already around 500 million tonnes now, India's ports were a major bottleneck.

Roads in India added up to 3.3 million km on the official map, though almost none of it would've passed global tests of drive-worthiness. The 4-6-laning of 23,000 km of the road network was in the process of taking up around $10-15 billion in investment, but progress was woefully slow.

Power capacity in India, at 115,545 MW (12,295 MW private), was deemed to be thoroughly inadequate to meet demand estimated at least 20 per cent higher (and growing). By estimates, India needed 10,000 MW of additional capacity every year for the next decade or so.

Real estate was also poised for energetic times, with FDI being permitted, the retail sector thriving, ITES alone requiring 20 million sq ft of office space over five years, and house-buying on a major upswing.

IT & ITES, a $28.2 billion sector in 2004-05, was expected to continue its boom. Software services, a $16.5 billion chunk of the pie, was projected to continue its annual 25 per cent clip, while ITES roars on at a scorching 50 per cent plus (on a smaller revenue base). Favourable taxation has helped keep profits soaring.

Banking and financial services were in fair shape too, with FDI limits of 20 and 74 per cent respectively for public and private banks. The financial performance indicators for the sector had been encouraging, as efficiency mindedness took firmer hold, together with a drive to expand market coverage.

BUDGET 2005-06 IMPACT

And just how are these sectors poised after Indian Finance Minister P. Chidambaram's Union Budget for 2005-06? Scroll your way down.

By Team Ernst & Young

Automotive

  • Tractor industry to benefit from agricultural boost to the agricultural sector, but steel excise hike to impact negatively (as the increase is not 'CENVAT-able').
  • Ancillaries to benefit from reduction in customs duties on inputs such as aluminium, copper and lead.
  • Benefit of 150 per cent deduction on in-house R&D, introduced in the last budget, has been extended till March 2007. Good for R&D intensive companies.
  • Excise duty on passenger cars left unchanged, belying widespread pre-budget expectations of a reduction. The burden on tyres, however, have notably been lightened.

Media & Entertainment

  • The lowering of tax rate on royalty and fee payments to non-residents will reduce the tax burden in several cases.
  • For service tax, 'broadcasting services' now includes services of collecting broadcasting charges or permitting the right to receive a transmission in prescribed form. This seems to be a positive move as it brings the remainder of the players in the Pay TV chain under the service tax net and leakages on account of loss of input tax credit existing earlier, are expected to get plugged.
  • The scope of 'video tape production services' has been expanded too, to include recording of any programme, event or function on any media and includes related services such as editing, cutting, dubbing, title printing, special effects, processing, adding, modifying or deleting sound, transferring from one media or device to another and any post production activity.
  • The scope of 'sound recording services' has been expanded to include recording of sound on any media, and includes such post-production services as sound mixing or re-mixing. This would make Finance Minister's uproar-generating "Listen, yaaar..." interjection, subtle as it is by way of exhortation, the only notable encouragement for the media & entertainment sector.

FMCGs

  • Although accompanied by a decrease in the depreciation rates, reduction in corporate tax rate will help, as most companies in the FMCG sector have a low asset base.
  • The rationalisation of individual tax slabs could increase demand as disposable incomes are likely to increase. The higher consumption patterns may lead to increased profitability.
  • The rationalisation of excise and customs duties is a positive for makers of edible oils, matchsticks and air-conditioners.
  • The abolition of surcharge levy on tea will help the tea sector. However, the surcharge on excise will make life difficult for tobacco companies.

Cement

  • Thrust on rural infrastructure under Bharat Nirman programme, to be implemented over four years, good for cement offtake. The Rural Infrastructure Development Fund has Rs 8,000 crore corpus for 2005-06.
  • Special Purpose Vehicles (SPVs) to finance urban infrastructure projects (highways, airports etc) spell demand for cement too.
  • Confirmation of VAT with effect from April 1, 2005, is likely to increase net realisations for the cement companies, particularly in southern region
  • Increase of Excise Duty on Clinker, a cement intermediate, from Rs 250 per tonne to Rs. 350 per tonne is negative but negligible impact on the industry as the product is cenvatable and most of the cement companies have captive clinkerisation facilities. Similarly reduction in basic custom duty not likely to have any significant adverse impact.
  • Duty reduction on pet coke from 20% to 15% to benefit cement players using pet coke as input for power and fuel
  • Continuation of tax exemptions relating to interest on housing loans shall continue to drive the housing demand.

Textiles

  • Amount sanctioned under the Technology Upgradation (TUF) Scheme up by Rs 435 crore; this could help industry modernization for global competitiveness.
  • The 10 per cent capital subsidy scheme for the processing sector could give a fillip to this segment of the value chain. Further, the option granted to textile processors to either not pay excise duty on the finished product or avail of the CENVAT route is an additional bonus.
  • Reduction in levies on man-made fibers will help synthetics. Concomitant reduction in customs duty on specified capital equipment augurs well too.
  • The handloom sector proposals will help this sector remain viable in the face of rapid changes in the operating environment.

Oil & Gas

  • Customs duty cut on crude oil from 10 to 5 per cent may adversely impact margins of upstream companies. However, this is likely to increase the refinery margins.
  • Service tax extended to survey & map-making services. Also pipeline services. No relief for 'survey and exploration of mineral' services, taxed last year. Midstream companies hit, all the more hard where input credit is not allowed (in absence of an output excise duty liability, for example, power plants and fertilizer companies).
  • Customs duty exemption on LPG and kerosene for domestic use and reduction on petrol, diesel and other petroleum products is likely to reduce the protection enjoyed by refineries. However, reduction in subsidy cost on LPG and kerosene should have a positive impact.
  • The increase in additional duty of customs on motor spirit and high speed diesel oil has been from Re.1.50 to Rs 2 per litre. Excise duty cut on petrol to 8 per cent plus Rs 5 per litre and on diesel to 8 per cent plus Rs 1.25 per litre. Retail prices of motor fuels would not be hit.

Metals

  • Customs duty on primary and secondary metals reduced from 15 to 10 per cent. With strong demand, the impact on the industry may not be significant.
  • Aluminium, however, does not follow the generalization. It is likely that the margins here will come under pressure.
  • Excise duty on iron & steel increased from 12 to 16 per cent. Unlikely to have a significant adverse impact as the entire duty is 'CENVAT-able' in most cases except for long products and GP/GC sheets.
  • Customs duty on coking coal with high ash content reduced from 15 to 5 per cent while customs duty on refractories and ferro alloys reduced from 15 to 10 per cent. Overall impact is marginally positive as most producers do not use coking coal with ash content greater than 12%.

Engineering & Capital Goods.

  • Projects for irrigation, rural housing, rural electrification and highway development all translate to demand in this sector.
  • Reduction in peak customs duty to 15 per cent will hurt margins across the industry. Higher impact in textile machinery, food processing machinery and machinery for leather & footwear.
  • But customs cut for primary & secondary metal to 10 per cent could partly offset the impact of the above measure.
  • Access to forex reserves, creation of an SPV with borrowing limit of Rs 10,000 crore, setting up of viability gap funding of Rs 1,500 crore and levy of additional road cess on fuel, could together kick off an infrastructure creation spree.

Telecom

  • Cellular phone subscribers are no longer required to file income tax returns, which helps the industry increase its penetration of the market.
  • Under India's commitment to the Information Technology Agreement (ITA), mobile phones and telecom networking equipment are exempt from customs duty. Further, specified goods imported for manufacture of items covered under the ITA have also been exempt, subject to end-use condition. Additional customs duty (CVD) at 4 per cent has however been imposed on items under ITA to compensate for sales tax. CVD would be allowed as a credit against output excise duty but not against service tax. Service providers would therefore not be able to absorb the impact of this duty against their service tax liability. Impact of this duty on domestic manufacturers would however be neutral.
  • In another positive development, customs duty exemption available to telecom service providers on import of specified telecom network equipment and parts upto March 31, 2005 has been extended without any time limit.
  • Import duty on optic fibre cables have been lowered from 20% to 10%. Broadband initiatives are likely to get a boost from the cut in import duty.
  • Maintenance of immovable property has been made liable to service tax thereby exposing telecom network maintenance services to service tax. Impact on the telecom operators should however not be significant due to availability of credit against output service tax.

Healthcare

  • Currently, under Section 35 (2AB) of the Income-tax Act, 1961, the weighted deduction of 150 per cent is only available for expenditure on in-house R&D facility [approved by the Department of Scientific Investment & Research ('DSIR')], incurred upto March 31, 2005. This period for availing expenditure has now been extended to March 31, 2007.
  • Currently, Section 80-IB(8A) of the Act provides for a 100 per cent tax holiday for companies engaged in scientific R&D, which are approved by the DSIR by March 31, 2005. This period for obtaining approval has now been extended to March 31, 2007.
  • Customs duty on the following nine specified machinery, used by the biotech and pharmaceutical sectors, has been reduced from 20 to 5 per cent:
  • Cell cultivation devices, namely, roller bottle systems and spinner flasks
  • CO2 incubator
  • DNA/ Oligonucleotides synthesizers
  • Electrophoresis systems - (Protein and DNA; 2D)
  • ELISA Reader
  • ELISA Washer
  • Fluorimeters
  • Low temperature freezers (minus 70 degrees and less)
  • Spectrophotometers (including Nuclear Magnetic Resonance Spectrometers)
  • Custom duty exemption presently available to capital goods and raw materials imported by a company for any R&D project funded by government or CSIR has been extended to R&D projects funded by CSIR, ICMR, ICAR, UGC, DRDO and AICTE also. Plus, VAT is to go into force.
  • The enhancement of the Pharma fund: With the Patent Ordinance now in place, there is an increased focus on R&D. R&D calls for a huge deployment of resources. Augmentation of the Pharma Fund is expected to alleviate at least to some degree the funds available to Pharma and Biotech for R&D
  • Creation of National Rural Health Mission: The accessibility of Healthcare for the rural population particularly in remote areas has always been a cause for concern. The NRHM is expected to bring quality healthcare through grass root level interventions through a process of community ownership.
  • Implementation of the plan to create 6 AIIMS type institutions: While AIIMS has been a resounding success it remains an island amongst available healthcare institutions. With the creation of six AIIMS like institutions, the quality of medical education, especially in deficient states will be greatly augmented.

Roads

  • Raising of cess on motor spirit by Rs.0.50 per litre is likely to bring in around Rs1,000 crore annually to the Central Road Fund, of which a major part may be allocated to the National Highway Authority of India (NHAI) to modernize India's highways.
  • Given the higher imposition of cess on fuel consumption, there may be some slowdown in imposing road user tolls on Federal highways, to avoid a double impact to Federal road users.
  • Correspondingly, there may also be an increased tendency to award new road projects on a "cash construction contract" basis rather than "Build-Operate-Transfer" basis, so as to avoid increased tolling of Federal highways.
  • On the other hand, the announced allocation of Rs 1,400 crore towards the third phase of the highway mega-project appears inadequate for the 4,000 km mentioned. Hence the method of utilization of funds allocated for the NHDP needs to be clarified before a conclusion can be drawn on the future of new BOT Federal highway projects in the country.

Water

  • The budget envisages the creation of a National Urban Renewal Mission (NURM) for revamping urban infrastructure in the seven mega cities of India (all cities with a population of over a million). Outlay: Rs 5,500 crore for 2005-06.
  • Some other towns are also water-stricken, these could also get a generous dose of central help for water resource renewal and supply infrastructure creation.
  • Part of the allocation of Rs 1,500 crores for "viability gap funding" may be allocated towards water projects.
  • In all, water is likely to get increased spending attention from private parties as well, given the vitality of water to their interests, and the smoothening of equipment procurement.

Airports

  • The SPV approach to airport funding is a shot in the arm. Private sector participation could come too.
  • Reduction in customs duty on crude petroleum and petroleum products will reduce fuel costs of airlines, helping them expand services.
  • Extension of tax exemption on agreements to acquire aircraft or aircraft engines on lease up to September 30, 2005 may benefit fleet expansion plans of existing airlines and proposed new carriers especially of the low cost airlines.
  • Reduction in withholding tax on technical services is likely to benefit technical tie-ups for proposed new low cost airlines.

Ports

  • Dredging activites---relating to any excavating, deepening, widening and so on of any port/harbour----have come under the ambit of service tax which is likely to have a negative impact. But the tonnage tax regime for dredging companies should boost port infrastructure.
  • The SPV would boost investment in the port sector, enabling the use of forex reserves for import requirements.
  • The provision of Rs 1500 crore "viability gap" funding for infrastructure projects would be used in conjunction with the SPV for funding infrastructure projects which are financially viable but unable to raise funds in the short term
  • The government will play a key role in facilitating investment in such 'public goods' as seaports, which would enable sector development.

Power

  • The reduction of the depreciation rate is likely to result in higher incidence of Income Tax (and thus higher power tariffs). The introduction of MAT credit is likely to offset this impact to some extent.
  • Likewise, the non-extension of 80 IA benefit to infrastructure companies which commence operations after March 2006 is likely to result in higher incidence of tax liability.
  • The corporate tax rate of foreign companies, at 40 per cent, is much higher than that of domestic companies at 30 per cent. The domestic companies particularly the domestic EPC contractors etc are likely to have a comparative cost advantage when compared to their foreign counterparts.
  • Financial SPVs for infrastructure projects may help power generation projects/transmission & distribution projects which are unable to achieve financial closure. Rural electrification will receive a boost with the proposal to launch the rural electrification programme at a cost of Rs 1,100 crore

IT & ITES

  • The tax holiday for STP units and EOUs in the IT sector continues. The availability of the weighted deduction of 150 per cent to companies engaged inter-alia in the business of manufacture or production of electronic equipment, computers and computer software, for expenditure incurred on R&D, has been extended by 2 years to March 31, 2007. This is positive for R&D.
  • Indian Institute of Science (IISc), Bangalore, engaged inter alia in scientific research and development, has been granted Rs 100 crore to turn itself as good as Harvard, Stanford, Oxford and Cambridge. Good, long-term. Tax reduction on royalties and fees for technical services paid to non-residents (from 20 to 10 per cent) is also good for knowledge transfer. This is positive
  • Basic customs duty on 217 ITA bound products (including telecom apparatus, computers and printers) reduced to 0 per cent. However, to provide a level-playing field to local manufacturers, a 4 per cent CVD (to compensate for sales tax) is to be levied on such products (with the exception of IT software). Further, the customs duty on inputs for ITA bound items and certain specified capital goods required for manufacture of IT products have been reduced to Nil. Net net this is positive.
  • The scope of taxable services has been widened to include services rendered outside India, where the recipient is situated in India. This could adversely impact IT companies that utilize services of overseas service providers, and had hitherto not being paying service tax. This is negative.
  • The scope of "manpower recruitment" as a taxable service has been expanded to include supply of manpower on contract basis, either temporarily or otherwise. This could adversely impact IT companies which utilize the services of contract employees. This is negative.
  • A new fringe benefit tax has been made applicable at the rate of 30 percent on the specified portion of various benefits, services or facilities provided by an employer to its employees. Given that this tax is payable by the employer even where he is otherwise exempt from income-tax and is payable currently, even on certain expenses incurred entirely for business purposes, this is a retrograde measure for tax exempt IT/ITES exporter units. This is negative.

Real Estate

  • Service tax net now covers various services related to the real estate sector, particularly the building of housing apartment blocks, and this could increase costs and thus apartment prices.
  • Other cost implications arise from the following: excise duty imposed at 8 per cent on mosaic tiles; reduction in excise from 24 to 16 per cent on air-conditioners; excise on iron and steel increased from 12 to 16 per cent; and special duty on cement clinkers increased from Rs 250 per metric tonne to Rs 350 per metric tonne.
  • Specified payments for purchase of residential house or repayment of housing loan principal upto Rs 1 lakh would also qualify for deduction under section 80C, which translates into a potential annual tax break of Rs 30,000 as compared to Rs 4,000 earlier.
  • Speed-up of the creation of highways, airports and mass-transit systems to ensure easy connectivity could boost the real estate industry vastly, with larger commuter distances making outlying-area housing viable. Speed of development is the urban winner.
  • Metropolitan decongestion could enable creation of newer business districts---in satellite zones for example----for the 21st century. Improvement in urban infrastructure would also increase the ability of these cities to support rapid economic growth.

Banking and Financial Services

  • Banks to be given flexibility in the issuance of preference shares to enable it to become 'regulatory capital' under the Basel norms. Helps capital adequacy.
  • Banks' SLR and CRR statutory limits to be removed, to facilitate easier conduct of monetary policy by the Reserve Bank of India. This allows the Reserve Bank of India free more funds for deployment.
  • Roadmap for presence of foreign banks in India outlined. This is expected to gradually enhance presence of foreign banks in India in a synchronised manner.
  • Trading in derivatives made non-speculative, which could potentially lower the burden of tax.
  • Definition of 'securities' to be widened to permit modern financial instruments.
  • Gold can now also be traded as paper units, a la mutual funds.
  • As a social security measure, pension reforms are advocated (including the allowing of FDI in this area).
  • As an anti tax-evasion measure, a 0.1 per cent tax is levied on any cash withdrawal of Rs 10,000 and above in a single day. The Parliament uproar over this bold move evoked the Finance Minister's "Listen, yaar..."' moment of unscripted audience engagement. Expect to hear more on it.

 

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