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2021年预算应该放开电信部门

2021年预算,在我看来必须放开电信部门从过去的枷锁,以便它可以扮演关键角色在印度的经济复兴,它不断的能力而闻名。

Naveen Aggarwal
Naveen Aggarwal 在印度税收领袖——电信、毕马威
As we navigate the pandemic, as individuals and a society at large, we also woke up to the importance of digital communications and more specifically, telecommunications. Economies all over the world were able to contain the damage caused by the Pandemic, thanks largely to robust telecommunication networks.

<\/p>

The pandemic underscored the fact that telecom is as indispensable as electricity. Yet, the unmistakable irony is that it is a sector on the brink in India. One indication of this is the downbeat mood of the telecom operators towards the upcoming spectrum auctions scheduled to commence from 1 March. The primary reason for this are the ghosts of the past, which continue to haunt the Indian telecom sector. This burden of legacy either prevents or allows for weak growth in the sector.

<\/p>

One such impediment is the Adjusted Gross Revenues (\u2018AGR\u2019) liability which crystallized after the telecom operators lost at the Supreme Court (judgment dated 24 October 2019). This is a liability which some of India\u2019s premier telecom operators will continue to carry for the next decade. Telecom has been an integral part of our growth story so far, and is at the very core of our future growth. 5G transition and the related infrastructure ramp up can potentially lead India\u2019s economic revival and pull the economy out of the temporary slowdown it finds itself in currently. More significantly, it will give a much-needed boost to India\u2019s manufacturing sector through the Government\u2019s \u2018Make in India\u2019 program. The Government rightly recognised this and therefore introduced Production Linked Incentive (\u2018PLI\u2019) scheme for the telecom sector in November 2020, allocating INR 12,195 crores (Press release dated 11 November 2020). This is a welcome move. But, to unleash the true potential of the sector in general and 5G in particular, either this allocation must increase, or this must be supplemented with other tax\/ non-tax incentives to encourage players across the telecom supply chain to manufacture in India.

<\/p>

Apart from the AGR issues discussed above and the recent controversy on its computation methodologies, the sector has been bogged down by a plethora of legacy tax issues. Most of the issues under direct tax litigation pertain to the retrospective amendments of 2012. The present government made its disagreement with such amendments quite clear in it\u2019s very first budget by stating that it will not be making any retrospective amendments. A bare minimum logical corollary to this would be to clarify that such retrospective amendments, (a) will not have a bearing on the withholding tax compliances already undertaken prior to 2012 under the old law; and (b) will not alter tax treaty positions. The Income-tax Department has been leveraging these amendments to assume taxing rights under the treaties and the courts have generally been disapproving of such a stance. Another legacy issue which almost every telecom operator in the country has been carrying is the applicability of withholding tax on the sale of pre-paid talk-time vouchers. The nuances of the dispute aside, the larger problem with the argument of the Income-tax Department is that it militates against the very idea of withholding tax which typically casts the onus of withholding on the payer. In this case, however, the Department is seeking to cast that onus on the payees.

<\/p>

On the GST front, the inconsistencies in input credit utilisation norms not only adds to the capex bill of the telecom operators but also impacts cash flows. The telecom operators accumulate huge input tax credits through procurement of infrastructure support services provided by telecom tower companies, import of capital goods and the taxes paid under reverse charge on license \/ spectrum fee paid to the government. However, due to the restriction on their utilization, they don\u2019t translate into any tangible benefit and just keep accumulating in the books.

<\/p>

In summary, Budget 2021, in my view must unshackle the Telecom sector from the chains of the past so that it can play the pivotal role in India\u2019s economic revival, that it is known for and continually capable of. This comes with the added advantage of boosting a number of flagship schemes of the Government like Digital India and Make in India which are inherently dependent upon a vibrant telecom sector.

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当我们在大流行,作为个人和社会,我们也醒来数字通信的重要性,更具体地说,电信。世界各地的经济能够包含大流行造成的损害,这很大程度上要归功于强大的电信网络。

大流行凸显出,电信电力一样不可或缺。然而,毋庸置疑的讽刺的是,这是一个部门的边缘在印度。这方面的一个迹象是电信运营商的悲观情绪对即将到来的频谱拍卖计划从3月1日开始。主要的原因是过去的鬼魂,而继续困扰着印度电信部门。这个负担遗留阻止或允许行业增长疲软。

是这样的一个障碍调整后的总收益('AGR”)责任后结晶的电信运营商失去了最高法院(判断日期为2019年10月24日)。这是一个责任,一些印度总理的电信运营商未来十年将继续进行。电信已经不可分割的一部分,我们的增长故事到目前为止,,是我们未来发展的核心。5克过渡和相关基础设施增加可能导致印度的经济复苏和经济走出暂时放缓它发现自己在目前。更重要的是,它会给印度制造业急需的提振通过政府的“在印度的程序。政府被公认,因此引入生产与激励(PLI)计划对电信行业2020年11月,分配INR 12195卢比(新闻发布日期为2020年11月11日)。这是一个受欢迎的举动。但是,释放的真正潜力的部门、特别是5克,这个分配必须增加,或必须补充与其他税收/非税激励,鼓励玩家在整个电信供应链在印度制造。

除了AGR问题上面讨论的计算方法和最近的争议,该行业陷入了大量遗留税务问题。大多数的问题在直接税诉讼属于回顾2012年的修正案。目前政府与这样的分歧在它的第一个预算修正案很清楚表明它不会做任何回顾修正案。这将是一个最低限度的逻辑推论澄清,这种回顾性修正案,(A)不会有轴承的预扣税遵从性已经承诺在2012年之前旧的法律规定;和(b)不会改变税收协定的立场。所得税部门已经利用这些条约修改假设征税的权利和法院一般都不赞成这样的立场。另一个遗留问题,几乎每一个电信运营商在中国已经携带的适用性的预扣税预付费通话券的销售。争端的细微差别,与所得税的论点部门更大的问题是它的想法产生不利影响的预扣税通常扣缴义务的付款人。然而,在这种情况下,美国正寻求把收款人的责任。

销售税方面,不一致的输入信贷利用规范不仅增加了资本支出法案的电信运营商也影响现金流。电信运营商积累巨大的基础设施支持通过采购进项税额抵免电信塔提供的服务公司,进口资本货物和逆向收费许可证/光谱下的税收费用支付给政府。然而,由于限制他们的利用率,不转化为有形效益和书中继续积累。

总之,预算2021在我看来,必须放开电信部门从过去链,以便它可以扮演关键角色在印度的经济复苏,它不断的能力而闻名。这有额外的好处,促进旗舰计划的政府数字印度在印度,让本质上依赖于一个充满活力的电信业。

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As we navigate the pandemic, as individuals and a society at large, we also woke up to the importance of digital communications and more specifically, telecommunications. Economies all over the world were able to contain the damage caused by the Pandemic, thanks largely to robust telecommunication networks.

<\/p>

The pandemic underscored the fact that telecom is as indispensable as electricity. Yet, the unmistakable irony is that it is a sector on the brink in India. One indication of this is the downbeat mood of the telecom operators towards the upcoming spectrum auctions scheduled to commence from 1 March. The primary reason for this are the ghosts of the past, which continue to haunt the Indian telecom sector. This burden of legacy either prevents or allows for weak growth in the sector.

<\/p>

One such impediment is the Adjusted Gross Revenues (\u2018AGR\u2019) liability which crystallized after the telecom operators lost at the Supreme Court (judgment dated 24 October 2019). This is a liability which some of India\u2019s premier telecom operators will continue to carry for the next decade. Telecom has been an integral part of our growth story so far, and is at the very core of our future growth. 5G transition and the related infrastructure ramp up can potentially lead India\u2019s economic revival and pull the economy out of the temporary slowdown it finds itself in currently. More significantly, it will give a much-needed boost to India\u2019s manufacturing sector through the Government\u2019s \u2018Make in India\u2019 program. The Government rightly recognised this and therefore introduced Production Linked Incentive (\u2018PLI\u2019) scheme for the telecom sector in November 2020, allocating INR 12,195 crores (Press release dated 11 November 2020). This is a welcome move. But, to unleash the true potential of the sector in general and 5G in particular, either this allocation must increase, or this must be supplemented with other tax\/ non-tax incentives to encourage players across the telecom supply chain to manufacture in India.

<\/p>

Apart from the AGR issues discussed above and the recent controversy on its computation methodologies, the sector has been bogged down by a plethora of legacy tax issues. Most of the issues under direct tax litigation pertain to the retrospective amendments of 2012. The present government made its disagreement with such amendments quite clear in it\u2019s very first budget by stating that it will not be making any retrospective amendments. A bare minimum logical corollary to this would be to clarify that such retrospective amendments, (a) will not have a bearing on the withholding tax compliances already undertaken prior to 2012 under the old law; and (b) will not alter tax treaty positions. The Income-tax Department has been leveraging these amendments to assume taxing rights under the treaties and the courts have generally been disapproving of such a stance. Another legacy issue which almost every telecom operator in the country has been carrying is the applicability of withholding tax on the sale of pre-paid talk-time vouchers. The nuances of the dispute aside, the larger problem with the argument of the Income-tax Department is that it militates against the very idea of withholding tax which typically casts the onus of withholding on the payer. In this case, however, the Department is seeking to cast that onus on the payees.

<\/p>

On the GST front, the inconsistencies in input credit utilisation norms not only adds to the capex bill of the telecom operators but also impacts cash flows. The telecom operators accumulate huge input tax credits through procurement of infrastructure support services provided by telecom tower companies, import of capital goods and the taxes paid under reverse charge on license \/ spectrum fee paid to the government. However, due to the restriction on their utilization, they don\u2019t translate into any tangible benefit and just keep accumulating in the books.

<\/p>

In summary, Budget 2021, in my view must unshackle the Telecom sector from the chains of the past so that it can play the pivotal role in India\u2019s economic revival, that it is known for and continually capable of. This comes with the added advantage of boosting a number of flagship schemes of the Government like Digital India and Make in India which are inherently dependent upon a vibrant telecom sector.

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