Tag: Budget

  • Das ka Dum with Dr Bhaskar Das | Given that Budget speeches are so critical for the fortunes of news channels, do you think there should be a short ‘strategic timeout’ between Part A and B of the speech to allow for ads?

    Bhaskar DasA fun question, but it’s not that we’ve not had a pause in the Budget speech in recent years. Here’s Dr Bhaskar Das in the February 1 edition of Das ka Dum. Read on…

    If you wish to access the archives, please go to the Das Ka Dum tab on the website’s top navigation bar.

     

    Q. Given that the Budget speech is so critical for the fortunes of news channels, do you think the news channels must make a representation to the FM asking for a short ‘strategic timeout’ between Part A and B of the speech to allow for ads?

     

    A. I don’t think any news channel is so desperate to make such frivolous request, specially for a serious subject like the Union Budget, unless wishes are horses, as they say.

  • View on the Budget from Utkarsh Sanghvi, EY

    Here’s a view on the interim Budget from Utkarsh Sanghvi – Partner, Indirect Tax, Media & Entertainment, EY India: “The Government has already set up a Film Facilitation Office (FFO) for enabling a single window clearance for foreign film companies shooting in India. It is a welcome measure for Indian Films to take benefit of FFO.  Most of the permissions required from Central and State Government agencies are expected to be received from a single online application.

    From January 2019, GST rate on film tickets costing less than Rs 100 was reduced to 12% from 18% and tickets costing more than Rs 100 was reduced to 18% from 28%.  The art and cultural champion services sector was positively recognised by GST Council by reclassifying the entertainment service from luxury and sin bracket of taxation to standard rate schedule.”

  • Ranjona Banerji: Budget 2018: From ‘A-ha’ to ‘Uh-oh’ moments

    By Ranjona Banerji

     

    Given the lacklustre

    ​B​udgets from Union Finance Minister Arun Jaitley for the last four years, was there really any expectation from this one? The last ​Budget before India goes into election mode? Several predicted that this would be an election ​Budget and to some extent they were correct. But more than anything else, at the end of the day, this was neither an election ​Budget nor a very effective ​Budget.
    It took our brave news channels some time to figure this out. First it was all about whether Jaitley would speak in only English or Hindi or both or this or that. In the New India much loved by our news channels, anything that reeks of token nationalism must be applauded. After some time, Jaitley seemed to stick to English so that was the end of that Vande Mataram moment, which don’t tell anyone, is not in Hindi and was not written by a Hindi-speaking person.

    Some were so excited by the new announcement of a National Heathcare scheme. Others were upset by the reintroduction of long-term capital gains tax on investments after 13 years. Almost everyone was upset by the fact that not enough was done for farmers. A few brave people pointed out that not enough had been done for manufacturing or job creation either.

    On NDTV, Prannoy Roy (the rare occasions that one of India’s most popular anchors appears on TV,

    ​Budgets and elections) was first all about the “A-ha” moment but later in the day added quite a few “Uh-oh” caveats to the healthcare idea. Primarily because no one knew where the money was coming from. To counter Roy’s criticism – and this is my conjecture – anchor Vikram Chandra cut short anyone who criticised the ​Budget or was not from the BJP to allow a pro-BJP person or member to have their say. In fake journalism gobbledygook this is known as being “balanced”.
    Rahul Kanwal on India Today for the short while that I watched that channel was reasonably balanced. Times Now also had a few critical numbers floating the TV screen about in the morning but by the evening, some of the anchors had that look of beatific gratification whenever someone from the BJP spoke. If you turn off the sound – in any case, no one says anything worthwhile anyway – it is a fun game to play because you will know when the anchor receives benediction from the BJP and when it is some devilish person from another party or persuasion speaking. Arnab Goswami of Republic TV looked very smug at some point and that is when, dear reader, I gave up and started reading the various analyses instead.

    Agricultural distress will not be alleviated, manufacturing has no impetus, job growth was barely mentioned in the Budget, the rising fiscal deficit is worrying and no one understands where the money for the healthcare scheme will come from. It was pointed out that similar schemes exist all over India so there was nothing new in this one either. Across all TV channels by the way, the word “jumla” was liberally used. I beg forgiveness from rightwing bigots for my use of the word “liberally” but in this context, it has a slightly different meaning than the red

    ​-f​​lagged “liberal”.
    The long-term capital gains tax was a downer, the fact that the middle classes had been ignored was another and as far as I’m concerned, the use of the term “grandfathered” led me into the dark areas of management and fiscal jargon that I usually avoid. The mangling of language in these sectors could do with a drastic budgetary cut as far as I’m concerned.

    Meanwhile, after the dust settles, India’s media has to figure out how to play the five poll results which also came out on February 1, running alongside the Budget. The Congress won all three in Rajasthan, the Trinamool Congress won both in Bengal. The small consolation for Bhakt News Channels is that the BJP came a distant second in Bengal, ahead of the Left and the Congress. Don’t tell them I said this but eventually someone will factor in the possibility of Opposition coalitions against the BJP and look at the results in Bengal in that light. Nidhi Razdan had a very civilised show on the elections results on NDTV, a welcome break from all the Budget coverage.

    **

    Lastly, the new allegations that two people who Judge BH Loya confided in about his misgivings about the Amit Shah case died mysteriously, and one just managed to survive a freak accident, have received little traction in the media and especially very little on television. Given that the Supreme Court hearings into Loya’s death begin today, that is indeed surprising or is it?

    No prizes for guessing that one right. I only know this much. Both my grandfathers would have been surprised and that is ample proof that I don’t understand what I’m talking about. Or do I?

     

    ​Ranjona Banerji is a senior journalist and commentator. She is also Consulting Editor, MxMIndia.​ The views here are her own

     

     

  • Reactions to Budget 2017-18

     

     

    Although there may not been any specific media and entertainment-related provisions in the Budget, there is an overall mood of positivity in the sector. Although no one has given a specific forecast, there is a belief (or at least a hope) that with the housing, auto, telco and most importantly FMCG sectors having a positive outlook, adspends could increase.

    Here are a few reactions we received to Budget 2017 from a cross-section of the media and entertainment sector and a consulting major (published here in no specific order):

     

    IBF on the Budget

    The Indian Broadcasting Foundation (IBF) commends the efforts put by the Finance Minister in presenting a reform oriented budget mainly focused on Rural, Social and Infrastructure sectors. We are certain it will help in further strengthening the foundations of the Indian economy.

     

    The massive thrust on Infrastructure sector in general, and on the social and rural sector in particular, will go a long way in generating additional income and employment. This, we hope, will provide direct and indirect impetus on the growth of the Broadcasting sector though enhanced spends on advertisement. The 5% tax relief provided to the MSME companies is also a step in the right direction.

     

    “India is on the threshold of scripting a successful growth story. It is already the world’s fastest growing economy. The Union Budget presented by Finance Minister will help in consolidating the benefits of this unfolding economic regime,” said IBF President PunitGoenka, while hailing the Budget proposals and describing it as a transparent instrument for prudent fiscal management. He was also hopeful that some of the specific proposals and concerns raised by the broadcasters in its pre-budget memorandum are addressed soon by Hon’ble FM.

     

    The IBF welcomes the Finance Minister’s proposal to allow carry forward of Minimum Alternate Tax (MAT) up to a period of 15 years instead of the present 10 years. “The Foundation was, however, extremely hopeful that the Government would consider the suggestion for granting ‘infrastructure status’ to the broadcasting industry along with permission to carry forward of losses in case of amalgamation or merger as that would have made the M&E sector a more viable engine of speedy growth,”said Girish Srivastava, Secretary General of IBF.

     

    Speaking on the budget,  A Mohan, President-Legal and Regulatory Affairs, ZEEL re-emphasized on the need of Infrastructure status for the Broadcasting sector as the Broadcasting, Cable and DTH sectors fulfill all the eligibility criteria required for qualifying as “Infrastructure services” viz investment criteria, creation of assets giving enduring benefits, employment criteria and contribution to exchequer in the form of direct and indirect taxes and accordingly this sector deserves to be treated as Infrastructure industry thereby qualifying for benefit u/s 72A(1) of the Income Tax Act.

     

    IBF is certain that the Government would revisit this issue on a priority basis in line with the overall theme of its budget to promote infrastructure in country – both physical and digital.

     

    Sudhanshu Vats, Group CEO, Viacom18 & Chairman, Media and Entertainment Committee, CII:

    “Much had been speculated about the economic slowdown post demonetization. With this budget, the government has taken important steps to boost the economy in a structured manner, building on the promise of transparent growth. Steps to liberalize the FDI regime further coupled with the abolishment of FIPB and tax reforms for MSME’s are bound to have impact in the foreseeable future. This budget has seen some positive solutions to tackle poverty in our country including one of the highest allocation of funds to MNREGA and rationalization of rate for the lower personal tax slabs. I am particularly enthused by the strong reforms push for digitization and look forward to digital transactions increasing in the country. This also augurs well for digital consumption of video content. The move to cap political donations in cash at Rs 2000 and all cash transactions at 300,000 are also much-needed, bold steps that are in line with the government’s commitment to uprooting corruption. With Swaach Bharat being close to our hearts, the budget has built further on this theme in a welcome move. I’ve said this before and will say it again: as the M&E sector we have a lot to gain from buoyance in the economy at the aggregate level and I believe this Budget has delivered on that front.

     

    Punit Goenka, MD & CEO, Zee Entertainment Enterprises Limited:

    “ #Budget2017 speaks a lot about the Government’s positive & committed approach towards creating a stronger & balanced economy. Being directionally right & focused on spending in growth centric areas, it clearly reassures the fact that #Remonetisation is in! ”

     

    Ashish Bhasin, Chairman & CEO South Asia – Dentsu Aegis Network:

    The Budget has some good growth oriented features, which should help the overall economic growth. Whenever the economy grows by 1% point, advertising grows by 1.5 – 2% points and therefore this should benefit the advertising industry in the long run. There are several steps to encourage Digitisation. This is the  right direction and eventually this will also benefit the Advertising Industry. The fact that the Service Tax was not raised is a relief and the Finance Minister has taken into account  the sufferings caused by temporary setbacks due to demonetization and that is a welcome step.Personal taxation has shown some marginal relief, which should put some money into the pockets of people and spur the economy, though I wish some more had been done  on that account. There was an expectation for corporate taxation to be reduced. Unfortunately,  particularly for mid to large organised sector, that has not happened but hopefully it will happen in the near future. Overall, the Budget is better than what we had anticipated, for the Advertising & Media Industry  in my view.

     

    Deepak Lamba, CEO, Worldwide Media

    The Union Budget 2017 doesn’t include much on the  M&E sector, however there are some points that will have a positive impact on our industry. The budget reinforced India’s huge shift towards digitization especially with the proposed deployment of high optic cables to increase internet penetration in rural India. This is a big positive for content creators like us, as it will boost the digital content consumption across online and mobile platforms. Further impetus on digital payments and transactions will eventually help the subscription model. Also, the government’s move to abolish FIPB to make the inflow of FDI smoother and to consider liberalisation of the FDI policy will have a positive impact for players across sectors in the long run’’.

     

    M K Anand, MD & CEO, TIMES NETWORK

    After the recent massive policy implementation of demonetisation, my expectation was of some radical reforms. I was a bit disappointed on that count. However, enhanced provision for MNREGA and allocations for rural, agriculture and allied sectors and a clear push for the affordable housing sectors are the silver linings. Agriculture and real estate are the most important employment generating sectors in India. This should improve the rural situation which is still recovering from demonetisation. Hopefully that will have a ripple effect on spending and the larger economy.”

     

    Rohit Ohri, Group Chairman and CEO, FCB India:

    The focus on reviving rural consumption, digital India and Swayam were the highlights of Budget 2017 for me. The high impetus on digitisation will pave the way for empowerment of the common man. And will open doors to a massive opportunity, untapped as of now, in the digital space. Overall, a progressive budget.

     

    Tarun Katial, CEO, Reliance Broadcast Network Limited:

    Budget 2017 is neutral for the M&E sector although the consumption-centric Budget will put more money in the pocket of the common man and hence help the advertising and broadcast industries. Radio broadcast industry has requested specific policy measures like 5% GST rate, reduction in custom duty for capex, etc and we look forward to the announcements when the GST rates are announced.

     

    Sreedhar Prasad, Partner, E-Commerce and Start-UPs, KPMG in India

    The Government gave income tax exemptions to start-ups with certain conditions last year. For the purpose of carry forward of losses in respect of such 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.

     

    For start-ups, the condition of continuous holding of 51% of voting rights has been relaxed. Now, if the shareholders having voting rights continues to hold those shares, the Start-ups will be eligible to carry forward those losses. In other words, fresh infusion of funds will not obviate start-ups from carry forward of losses. This will be significant advantage to Start-ups which are likely to be profitable in say 4 to 5 years’ time frame as this will reduce their tax burden.

     

    The profit linked deduction available to the start-ups for 3 years out of 5 years is being changed to 3 years out of 7 years.

    This would be a big benefit for startups since they can choose which all consecutive 3 years they can avail tax exemption within a wider time frame of 7 years based on their assessment of the business in the future.  Many startups in Technology products, Pharma & Healthcare, Consumer products, Education and B2B online businesses would benefit considerably through this reform since they would have a higher chance of being profitable within the period specified.

     

    The Government is targeting INR 2500 Crore worth of digital transactions by FY18. Towards this, they are encouraging rollout of 20 lakh Aadhar based PoS machines and another 1- lakh additional POS terminals through banks over the coming few months. To enable access to digital services at low tariffs and increase the adoption of BHIM app for mobile payments, Government also announced INR 10,000 Cr allocation for Bharatnet for providing high speed broadband to 1.5 lakh gram panchayats, supplemented by removal of all duties on devices – such as PoS machine, fingerprint reader etc. – used in cashless transactions.

     

    Given the clarity on digitization of transactions, businesses will continue their efforts on enabling cashless transactions on their offline and online channels. These initiatives will not only increase the fraction of cashless transactions from current consumers, but also serve as a catalyst for onboarding new ones. Bill payment for utilities as well as services such as telecommunication, dish TV and others will be among the early beneficiaries of this initiative. Overall transparency in the system will rise on account of the digital trail and over time, the transactions will also become more secure.

     

    Amarjeet Singh, Partner – Tax, KPMG in India

    “Although there are mix responses to the Budget and there are many such areas where Government could have done more. However, from a startups perspective, the Government has taken care of key demands to support this sector.

     

    Clearly, the focus of the Government is on the ‘Digital economy’, starting from the impetus on building requisite infrastructure for digital transactions, promoting BHIM application through referral bonus and cash back schemes, incentivizing small and medium tax payers to do digital transaction and save 2% additional tax, exempting excise/custom duty on POS equipment etc. These steps would bring in more people on the digital platform and thus, helps the entire e-commerce sector.

     

    From a tax perspective, for Start-ups, the Government has accepted three key demands, firstly, extending the period of claiming deduction to 3 years out of 7 years, second – relaxing the carry forward of losses rules, thirdly, the Government has also given boost to investor by clarifying that conversion of preference shares into equity will not be taxable.

     

    In summary, the long term future of the e-commerce and Start-up sector in India looks robust with more and more people coming on digital platform. It would be interesting to see the investors perspective on growing Indian digital consumer market. “

     

    The stock markets seemed to appreciate the Budget, with the Sensex and Nifty rising steadily as Jaitley’s speech progressed. When Jaitley finished, the Sensex was more than 300 points up and finished the day more than 480 points in the green.

     

    Jaideep Shergill, Founding Partner, Pitchfork Partners:

    There seemed to be a strong, if not euphoric positive reaction from industry. The worry is the fiscal deficit. While the finance minister reiterated his commitment to maintaining it at 3% from the next fiscal, the failure to stick to it will worry many. The aggression on rural development, the socially backward and agriculture will be seen by many through the lens of the upcoming Assembly elections in Uttar Pradesh, Punjab and Goa. These are politically significant and losses in these states would severely set back the NarendraModi government. Also, the greatest challenge will be effectively implementing what has been laid out in the Budget documents. This has historically been a problem in India, and could derail this government’s agenda.

    Similarly, how effectively the government rolls out its digital economy measures will be keenly watched. Demonetisation was turbulent and more such shocks to the system could be disastrous. Having said that, a paperless economy would be greatly beneficial to the economy, ensuring greater transparency and compliance.

    This is a politically significant year for the Modi regime and ensuring the effectiveness of its economic and social agendas will be critical for it.

     

    Tanay Kumar, CEO and Creative Director of Factral Ink Design Studio.

     

    The Union Budget 2017 gives a huge impetus to Digital India. Incentives like no service tax on digital rail bookings, digital pension distribution system for retired defense personnel for easier access to their funds, the DigiGaon initiative to provide tele-medicine, education, and skills, through digital technology and two new schemes to promote use of BHIM should drive digital traffic.

    Along with this steps to strengthen connectivity with high-speed broadband on OFC will be available in more than 150,000 gram panchayats, with hotspots and access to digital services at low tariffs, and the emphasis on cyber security with computer emergency response team to be established for the financial sector to work in close coordination with financial sector regulators and other stakeholders, with boost confidence in the people to use digital platforms.

    As a Digital Design company we are really excited on the opportunities that this budget has created in developing some path breaking work in the areas of user interface and user experience.

     

    Ashish Shah, CEO and Founder, Vertoz

    The budget presented by the Finance Minister is encouraging for different strata of society. From agriculture and rural economy to digital initiatives and from FDI to relaxation in tax slab in the entry category, the Finance Minister had something for all.

    As a tech-based advertising firm, Vertoz welcomes these measures announced today to promote the digital sector. From infra layout to digital transactions and from introduction of Aadhaar Pay to cyber security, Budget 2017 is certainly a booster for the digital economy.”

     

    Sandeep Goyal, Chairman, Mogae Media:

    It is a growth oriented budget with special emphasis on youth and rural, and large provisions for skill development and alleviating unemployment. Combined with the digital thrust, this should help brands focussed on younger audiences especially outside cities. Two-wheelers, telecom, handsets, ‘get-ahead’ education products, grooming and accessories (look-good) products should all receive an advertising fillip.

    Digitisation of payments and purchase should help enhance the geographies of e-commerce making more brands more easily available to larger numbers of newer customers. This is a new opportunity for advertising and a new challenge for targeting right media to right customers through right apertures at the right time.

    GST will help brands effect more uniform and deeper distribution. This should naturally enhance impact of advertising. I see this as big opportunity for targeted programmatic advertising especially on mobile.

     

    Vivek Bhargava, CEO, DAN Performance Group:

    It’s a good budget overall and an extremely positive one for the digital industry. The strong focus on promoting a digital economy through various initiatives on the digital payments front will give a great impetus to the digital revolution that the country is currently undergoing. We are witnessing a significant increase in digital transactions owing to the cashless movement already, which is a huge indication of the times to come – largely in the benefit of the common man. It’s encouraging to see the government introduce movements like ‘Digi-gaav’ and others which will take digital technology to the rural areas where most of the country’s population is actually based. This aggressive digital push is sure to contribute substantially in making India one of the fastest growing economies in 2017.

     

    Tripti Lochan, CEO, VML SEA & India:

    The government has created a budget with prominence on digital.  Demonetisation’s longer term benefits will percolate – as the first step towards a cashless economy.  But more importantly, there are incentives across all areas of the budget pushing digital.

     

    Rahul Puri, MD, Mukta Arts:

    The Union Budget this year has focused more on uplifting some of India’s poorest sections of society. While this year again the media and entertainment sector has been overlooked, however some announcements will definitely help our industry in many ways. Setting up the cyber security teams will help fight piracy, similarly, the government’s push towards Internet penetration in rural markets will help increase content consumption and increase the audience base. Further the abolishment of FIPB will make it easier for foreign investors to invest in Indian companies.

     

    Venugopal Ganganna, CEO, Langoor:

    There are a few positives for the advertising world. The impact won’t be an avalanche increase in spend in advertising rupees, but rather, more like drops filling up a bucket. Firstly, the strong push around digital transactions will result in greater digital spends. That should see some direct increase in digital marketing spends in particular. The reduction in tax rates will have some positives too. For smaller businesses, they will have slightly more room to invest within their business. That should see an increase in their marketing spends. News around making credit more available through banks will see businesses be more aggressive around building their brand. That increase in liquidity, especially for smaller businesses will directly impact advertising spend. The increased infrastructure spend will infuse some capital in the economy. Consumption should also increase given the reduction in tax rates at lower income levels. Both of these will see revenue growth for consumer brands, which will directly increase their budgets for advertising. We haven’t spotted any major negatives yet for this sector.

     

    Divyansh Bajpai, Co-Founder, Indi.com:

    The Union Budget 2017 lives up to our expectations, since it brings about institutional changes warranted for the evolution of a nascent digital economy. To begin with, allocating INR 10,000 crore to Bharat Net is an impressive step in the direction of digitalization. This is going to democratize digital access to over 150,000 gram panchayats, while also improving the Fiber Optic network. Besides, the GST bill and allocations of INR 745 Cr to policies like MSIPS and EDF will further reduce the cost of owning a smartphone, hence making it easier for users fromTtier 2, 3 and 4 cities and towns to transition online. Lastly, investments in cyber security along with setting up CERT will immunize users from cyber-attacks and hacks. In conclusion, we really appreciate the announcements and feel inspired to further innovate and channel our efforts in taking the digital wave forward.

     

  • 10 Amul topicals that effectively capture the Budget over the years

    When the Budget proposed a service tax hike in 2015

     

    Over five decades, the Gujarat Cooperation Milk Marketing Federation (GCMMF) which owns the brand name Amul, has been presenting some memorable advertising on billboards and, in recent times, in print as well. In many ways, the Amul topicals — all created by Mumbai-based da Cunha Advertising — have come to reflect the mood of the nation. It’s Budget Day today, and like MxMIndia has done in the past, what better way to remind ourselves of speeches and proposals made by finance ministers over the years.

     

    Here are 10 creatives, including the one released in 1991 after Dr Manmohan Singh presented his historic Budget and brought liberalisation to the country.

     

    Ahead of current Finance Minister Arun Jaitley presenting his first Budget in 2014, after the newly-elected BJP-led NDA came to power

     

    The UPA’s farewell Budget in 2014, presented by then Finance Minister P Chidambaram

     

    On the Union Budget of 2013

     

    On the Union Budget of 2012

     

    When former Finance Minister Pranab Mukherjee presented the Budget in 2011

     

    On the Budget incorporating the new Value Added Tax (VAT) in 2005

     

    On the effect of increased taxes in the Budget in 2002

     

    On Finance Minister P Chidambaram’s first balanced Budget in 1996

     

    When former Finance Minister Dr Manmohan Singh had to do a tightrope walk for his maiden Budget in 1991

     

    This story first appeared in dna of brands on February 29

     

  • What M&E wants from this year’s Budget

     

    By Ananya Saha and Meghna Sharma

     

    Girish Agarwal, Promoter Director, DB Corp Ltd

    Fundamental need of the hour is to boost the economy, which is essential for growth of M&E. The following steps are expected for sustained economic growth:

    • The budget should send a clear message of “Stability, credibility and long-term vision for reforms”.
    • Government revenues should increase without hurting growth while strict control on expenditure (especially non-plan) is expected from the budget.
    • Clear roadmap for reforms/key bills viz.: Companies Bill, Mining, GST, DTC, Insurance, land acquisition etc. is expected.
    • With rise in inflation and reduced earnings, savings have substantially gone down over the past 2-3 years. Appropriate tax breaks would boost savings.

     

    The above basic steps should result in fresh and long term investments from domestic as well as international markets. Old policies for governing M&E sector must be revisited and reworked considering current business scenario. Policies should be framed in such a fashion that decisions at Govt. level are smooth and fast.

     

    For Radio industry, we expect Govt. to roll out old pending 3rd phase of auction, immediately with clear transparent bidding process. We expect the 3rd phase license with larger period validity and also extension of time period to 15 years, for players related to 2nd phase of bidding. Prior to the same, we expect Govt. to address music royalty issue along with long pending demand of radio players of relay of news bulletins in FM radio. Further, renewal of 2nd phase of license, after expiry of its period, needs to be worked out in an acceptable and reasonable valuation, in order to ensure adequate return on investment for all radio players.

     

    T Gangadhar, Managing Director, India, MEC

    It is important for the government to create policies that stimulate taxes and widen the tax base, not necessarily by lowering the taxes. It is important that in current economic situation, to raise consumer sentiment. We have been hearing of uniform GST, which has not been undertaken yet. Also, it is important to lower interest rates.

     

     

     

    Rakesh Jariwala, Partner, Tax and Regulatory Advisory Services, Ernst & Young

    In the Direct tax category:

    • Reintroduce erstwhile benefit available under Section 80-IB of the Income-tax Act, 1961 – profit linked deduction for multiplexes to boost their growth for tier 2 and tier 3 cities
    • Introduce alternate mechanism or a monetary threshold for obtaining income-tax clearance for foreign performers, entertainers, etc before departing from India as the procedure is time consuming and onerous
    • Introduce incentives for content creation and infrastructure to encourage the Indian film industry
    • Currently, there is uncertainty with respect to income attributable to India in case of Foreign Telecasting Companies (‘FTCs’). Guidance should be provided by way of specific provisions for determining taxable income of FTCs.

     

    Indirect tax:

    • Provide exemption from service tax on costs of film making in line with the exemption provided on temporary transfer of copyright in cinematograph films
    • Reinstate the exemption on service tax on services provided by digital cinema service distributors in a digitized encrypted format transmitted directly to a cinema theatre for exhibition – this exemption was withdrawn with the introduction of the negative list based service tax legislation
    • Clarify that service tax is not attracted in case of post production services provided in respect of content temporarily imported into India for the purpose of re-export
    • Exempt from service tax, services rendered by players and coaches to private sports leagues / bodies in line with the exemption provided for services to recognised sports leagues / bodies
    • Subsume entertainment tax in the proposed Goods and Services Tax legislation without creating a window for its levy at the local or state level to ensure simplicity in the tax structure

     

    M&E industry is expected to outgrow the Indian economy with an expected cumulative annual growth rate of around 15% over the next four years. To keep up the momentum, the industry deserves tax incentives in the upcoming Finance Bill, 2013 thereby providing an impetus to the industry and bolstering growth.

     

    Budget 2012 was a bag of mixed beans and a budget wherein the M&E industry was not given its share of adequate encouragement. Key highlights are cited below:

    Incentives:

    Indirect tax

    • Exemption of service tax on temporary transfer of copyrights in cinematograph films
    • Inclusion of admission to entertainment events and amusement parks in negative list of taxable services
    • In addition to the print sector, advertisements in media (except radio and television) including the internet or in outdoor media shall not be liable to service tax
    • Services provided in capacity of referee, umpire, coach or manager to recognised sports body for participating in tournaments shall not be liable to service tax

     

    Dampeners for M&E industry:

    Direct tax

    • Retrospective amendment to the definition of royalty thereby characterising payments for use of computer software, transponder, information databases, uplinking facilities, leased lines, etc as royalty under domestic tax laws. Hence, impacting the use of digital media
    • Tax rate of non-resident sports persons and sports associations increased from 10% to 20%

     

    Indirect tax

    • Levy of service tax on costs on film-making
    • Withdrawal of exemption of service tax on digital distribution of films tantamounting to the levy of service tax on such services
    • Levy of service tax on services provided by players and coaches to private sports leagues / bodies

     

     

    Tarun Katial, CEO, Reliance Broadcast Network

    For the broadcasting industries of radio and television we look forward to clarity, uniformity and relief from taxes. Advertisement in free to air mediums like radio should be treated differently and lower or nil service tax should apply for the same, aligning with the print and out of home industries. Also, FDI in non-news radio operations needs to be brought at par with television broadcasting. Customs duty on radio and television broadcast equipment should also be relaxed.

     

    The TV Broadcast and Distribution industry is already reaping benefits from the success of the digitization initiated by the Government. We look forward to necessary fiscal incentives in the form removal/ reduction of multiple taxes and levies and regulations which ensure transparency and power of choice to the end customer.

     

    Sandeep Ladda, Executive Director/Partner and National Leader – Entertainment & Media – Tax and Regulatory, PwC

    On the direct tax front, we could look at the following key areas:

    • Clarification on the applicability of withholding tax provisions on discount offered by DTH operators for selling recharge coupons through subscribers to third parties and on payments made by TV channel companies to uplinking companies
    • Providing a clarification stating that benefits of carry forward and set off of unabsorbed losses in amalgamation or demerger etc. also available to service sector companies
    • Proposal to sign more Co-production treaties, to get the tax credits and subsidy benefits
    • To provide a 10-year tax holiday to exports in the gaming, animation and the VFX (visual effects) industry for Indian content development, as they are emerging sectors (whether or not these are set up in an SEZ)

     

    Key expectations on the indirect tax front include:

    • To promote the domestic gaming industry, excise duty on local manufacture of gaming content could be brought down to 0%
    • Service tax applicability to the DTH industry could be eased for a limited period till the phased implementation of digitization is complete
    • Copyright services could be excluded from service tax net to avoid dual levy of service tax and VAT
    • Multiplex operators could be exempted from levy of service tax on property rentals and to distributors for exploitation of cinematographic rights, till GST is introduced to result in a seamless pass through of these indirect taxes

     

    The industry has been growing at a pace of around 17 percent YoY and is expected to maintain the momentum. The recent liberalization of foreign investment norms for a majority of broadcasting carriage segments and the radio phase III roll out will surely provide a fillip to the entertainment and media sector. Similar liberalization measures could be extended to the remaining broadcasting carriage segments like local cable operators. Also, the Phase III rollout could be implemented early for the industry to reap in the allied benefits flowing from the same.

     

    There were a few positive steps seen in the 2012 budget such as eligibility of investment linked deduction to hotel owners even if operations are carried out by third parties and service tax exemption on temporary transfer of copyright in cinematographic films. However, on the whole, budget of 2012 left a lot to be desired:

    • Retrospective amendments to widen the scope of royalty by including payments for transmission by satellite cable, optic fibre etc. as royalty were not expected. The relative standing of some of these retrospective amendments vis a vis India’s tax treaties has also been questioned by recent tax tribunal decisions. This has only added to existing confusion surrounding such royalty payments.
    • The budget also introduced provisions casting obligations on a non resident having no presence in India to withhold tax on any payments being made to a non resident of income accruing in India. This measure has impacted some of the India content broadcasting transactions happening between non resident parties.
    • Tax rates in case of non-resident, non-citizen sportspersons, non resident sports associations were increased from 10 percent to 20 percent on gross basis. Similarly, non resident entertainers were also brought under the tax net @ 20 percent on gross basis. Both these measures were burdensome.

     

    Sunil Lulla, Managing Director and CEO, Times Television Network

    The burden on the growing service sector needs to be reduced, so it may accelerate India’s growth. In prior years, in recent times, we have not seen anything progressive as such via the budget. Investment norms in some parts of the sector have already changed, for encouraging investment. The industry has been asking for lower duties on STBs so that digitization can progress and benefit millions of consumers. This is vital. As for the last year, the economy has been slow, sluggish and behind expectations – 2012 has been a disaster!

     

     

    Responses are in alphabetical order by surname.

     

  • 5 things you will never see any FM announcing in the Budget

    By A N Chorrea

     

    Yes, it’s Budget Day and while you tune into the various Budget Day specials, here’s our list of five things which you’ll never find the Finance Minister do.

     

    1. Reduce levies on cigarette: Alcohol may have seen some rationalization thanks to various international policies, but taxes on the cancer stick never goes down. Rightly so?

    2. Service tax net being narrowed: No way! If your service falls under a category which can be defined to not fall under any listed until now, be sure your celebrations won’t be endless. The FM’s folks keep widening the net every year.

    3. Dramatic reduction in income tax: Ha Ha Ha Ha Ha. Will never happen, even though every one tries all tricks in the game to duck direct taxes

    4. Make some really sound economic decisions. Remember, the Budget is as much a political document as it’s economic. And when you have in your Finance Minister also your government’s Political Troubleshooter #1, what can you expect.

    5. Abolish Budget speeches. It took many years after the British left us to bring the presentation to the forenoon. Now, it might make perfect sense to do away with the Budget, but no one’s complaining. Not the media definitely, as it’s one tamasha we all love… it helps up ratings and readership. And earn some good revenues.

     

    A N Chorrea is a seasoned media-watcher writing under a pseudonym