Tag: Rakesh Jariwala

  • Industry Reax to Budget 2020-21

     

    A cross-section of the industry reacts to Nirmala Sitharaman’s maiden Budget 

     

    Girish Menon, Partner and Head, Media and Entertainment, KPMG in India

    Although there was no direct reference to the media and entertainment sector in Budget 2020, the focus on improving India’s digital connectivity bodes well for the sector. The Honourable Finance Minister’s announcement that an amount of INR 6,000 crores will be spent on BharatNet initiatives will see more citizens connected to the proposed pan-India FTTH network. Media and entertainment is increasingly becoming a digital medium and an enhancement of the underlying digital communications infrastructure will support more immersive experiences. Finally, the focus on building a vibrant start-up ecosystem with measures to improve access to funding and IP protection will help India emerge as a global hub for technological innovation.

     

     

    Rakesh Jariwala, Partner – International Tax Services, EY India

    Removal of exemption on sale, distribution and exhibition of cinematograph film will subject theatrical revenues to domestic withholding tax considerations and could pose working capital considerations for already funding constrained film industry. Amendment of source taxation rule to include advertising income relating to customer based in India while global consensus is being formed on digital taxation rules may result in short term pain for the foreign businesses which do not have access to a tax treaty. Reduction of withholding tax rate on technical services to 2% will provide relief on potential rate related disputes on production services. Reduction in import duty of news print should help the ailing print businesses. 

     

     

    Ashish Bhasin, CEO, APAC and Chairman, India – Dentsu Aegis Network:

    I think this is a good budget in some ways because it has attempted to put money in the hands of the middle class through rationalisation of tax rates as well as has concentrated on looking after the agricultural sector, including introduction of best practises like storage for producers and other measures. However, I do feel that the expectations from the budget were much more and it does feel like a bit of a missed opportunity.

     

    While it is good to see that the dividend distribution tax has been abolished, I expected more on the rationalisation of direct taxes, particularly the cess introduced over and above the tax rates.

     

    It is good to see efforts being made to encourage new-age skill development as well as helping the start-ups and what’s particularly interesting is the proposal to set up data centre farms all over the country. This will prepare India for the economy of tomorrow. It is also good to see attempts at simplification of taxation through digitisation but the proof of the pudding will lie in seeing its implementation on ground.

     

    It would be fair to say that at best it is a mixed budget and while there are some encouraging decisions, enough does not seem to have been done for the situation the economy is in.

     

     

    Karan Darda, Executive Director, Lokmat Media Group:

    We welcome the proposed reduction in custom duty on import of newsprint and light-weight coated paper. In recent years, newspaper industry has been facing many headwinds and the environment has overall been very challenging. 10% customs duty was introduced last year and that added to the burden. The reduction in customs duty would ease the burden and help the industry in this critical juncture. 

     

     

    Anand Bhadkamkar, CEO, Dentsu Aegis Network (DAN) India:

    The budget has provided relief to middle class with lower tax rates which is a welcome move, as it will provide more liquidity. On direct taxes, the abolition of DDT and introduction of a tax dispute resolution scheme is a welcome step alongside tax reliefs for startups.

     

    The budget is focusing on easing and simplification of compliance, with changes in corporate laws as well as in GST and direct taxes. However, I was expecting further simplification of cess and surcharges beyond tax rates across slabs.

     

    The proposals for development of road infrastructure, setting up data centre parks and skill development initiatives are welcome steps in addition to allocations for social welfare schemes.

     

    However, the expectations from the budget were high on the background of current economic slowdown, and as such seems to be short on matching those expectations, with no specific industry sector focused sops to provide stimulus. While the budget shows focus on long term growth and social development, overall in the current scenario it looks like a mixed budget, falling a bit short of market expectations of more corrective measures.

     

    Gautam Sinha, CEO – Times Internet:

    Budget 2020 is a promising step towards establishing India’s future as an enduring digital economy. The increased focus on improving data connectivity under Bharat Net, steps to boost the smartphone manufacturing industry and the Rs 8,000Cr allocation for the National Mission on Quantum Computing & Technology will help build better digital infrastructure to support this sector’s rapid growth. Finally, deferring tax on ESOPs for startups is also a major move that will help promising startups attract and retain talent that would fuel our burgeoning digital ecosystem.

     

     

    Redickaa Subrammanian, Co-founder and CEO, Resulticks:

    Digital disruption has transformed India’s business landscape and the announcement for building more data centre parks will further aid in laying a strong foundation for a digitally connected country. INR 8000 crore allotment for developing quantum technology is impressive, and this in tandem with the grassroots level skilling initiatives, make for a strong technology ecosystem. Engineering students will also gain real-world experience through the new internship programs, creating a digitally skilled talent pool equipped to work in a digital economy.

     

    As a fast-growing AI and ML based technology start-up, we welcome setting up of the investment clearance cell. The proposed revisions in the income tax structure should lead to increased consumer demand and provide an overall impetus for economic growth in India. The announcement made in Budget 2020 showcases the government’s support for India’s technological advancement and we are excited about the entrepreneurial spirit it promotes.”

     

     

    Prashan Agarwal, CEO – Gaana:

    We appreciate the efforts of the government to boost the digital ecosystem in the country. The increased focus on improving connectivity under the Bharat Net scheme and the emphasis on Artificial Intelligence will allow OTT players to offer bespoke and personalised solutions to consumers. Additionally, the impetus to the smartphone manufacturing industry will make internet consumption accessible to a wider section of Indian society that will expand the scope of revenues for OTT players. The allocation of Rs 8000 crore for setting up the National Mission on Quantum Computing and Technology will also boost the development of the industry by making resources cost-effective.

     

     

    Mitesh Shah, Head of Finance, BookMyShow: 

    At the onset, we would like to laud Government for growth driven budget. We welcome the progressive policies aimed at encouraging rural demand, changes in personal taxes spurring consumption and impetus to infrastructure development, measures aimed at bolstering growth and reverse slowdown. Additionally, taxation related on ESOPs as perquisite and removal of DDT are significant moves. However, the benefits of taxation relief on ESOP should be expanded to companies at various stage of growth.

     

    Compliance on e-commerce has been increased by mandating them to deduct TDS @1% on all goods and services sold on e-commerce platforms. This would be in addition to TCS under GST and this amendment might further increase the cost of compliance for e-Commerce companies. Government’s vision to build data centre parks, allocation towards quantum computing and its focus on using artificial intelligence in statistical and other government departments will take India’s growth story to the next level.

     

    Increase in compliance on e-commerce by mandating deduction of TDS @1% on all goods and services sold on e-commerce platforms. This would be in addition to TCS under GST and this amendment might further increase the cost of compliance for E-Commerce companies. Government’s vision and focus on investing in new age technologies to build data centre parks, allocation towards quantum computing and its focus on using artificial intelligence in statistical and other government departments will certainly give an impetus to ‘Digital India’.

     

     

    Kunal Bahl, CEO & Co-founder, Snapdeal:

    Thankful to the Hon’ble FM for accepting the start-up sector’s request for ESOP taxation reforms. Also, the higher time & turnover limits for carry forward of losses for start-ups will enable them to optimize growth decisions in formative years.

     

    Overall, Budget 2020 is a thoughtful weaving together of specific proposals to tackle varied issues. Measures to improve access to finance for MSMEs and reduced taxation for the middle-income segment are welcome steps. Boosting physical infrastructure, expanding digital connectivity and growing use of technology in government functioning are important building blocks for the long-term growth of the Indian economy.

     

  • What they say about Budget 2016-17

     

    Here’s what a cross-section of industrypersons said on the Union Budget from the M&E standpoint

     

    Rakesh Jariwala, Partner & Head – M&E Tax Advisory – India, EY (Ernst & Young)

    “As part of the budget proposals, India has levied an equalisation levy – what is known as ‘google tax’ globally. The tax @ 6% of the consideration will apply on services relating to online advertisement, provisions on online ad space or other facility or services for the purpose of online advertisement, when such services are provided by a non-resident to either an Indian resident or a non-resident having a permanent establishment in India. The payer for these services are required to deduct 6% prior to making the payment. This is the first time that online services are being taxed in India.”

     

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

    “Kudos to the government for presenting a disciplined and inclusive budget. The emphasis on rural development and commitment to the fiscal deficit target augur well for the economy in the long-run. The proposal for a more conducive excise duty regime for STBs and other ‘entertainment-access devices’ is welcome. While many of us from the industry were anticipating more sector-specific announcements, I’m sure that this budget will benefit the larger economy and therefore, by extension, have a positive impact on our industry as well.”

     

    Ashish Bhasin’s (Chairman & CEO South Asia – Dentsu Aegis Network and Chairman Posterscope & MKTG – Asia Pacific):

    “Overall there are some positives and some negatives in the Budget. On the positive side, not increasing the service tax is a positive, particularly for the advertising and media sector. General expectation was that Service Tax may go up in anticipation of higher GST rates. Controlling the fiscal deficit and several steps to invigorate the rural economy and rural consumption are positive signals. A rural consumption revival will help the economy and the advertising and media sector tremendously. On the negative side, there was an expectation, based on what the Finance Minister said in the past, that corporate tax rates would come down. That is not to be so for most large companies. Introducing double taxation on dividends  is also a negative.  In balance this seems to me to be a mixed bag budget with a positive bias. If it is able to spur overall economic growth, we could see good times ahead for the advertising and media sector.”

     

    M K Anand, MD & CEO Times Network

    “Digitisation, in my opinion is the most important factor for the Broadcast sector currently, we are very happy about the excise duty changes proposed for Set Top boxes which will help in the last mile infrastructure of DAS 3 and 4. Overall a stable and positive fiscal situation is good for the economy and that will support our Ad Sales growth projections. All in all Budget 2016 looks good for the Broadcast sector.

     

    Vivek Gambhir, Managing Director, GCPL:

    “Overall, this is a responsible “Rural First” Budget that attempts to revive demand, while continuing on the path of fiscal consolidation. For the FMCG sector, initiatives to support the revival of rural and urban consumption should help bring growth back on track. Focused efforts on alleviating rural distress and uplifting the agrarian economy, will help put more money in the hands of farmers. Statutory backing of the Aadhar scheme will ensure more targeted delivery of benefits to those who need it. The need of the hour is job creation and focusing on skilling and education to make people more employable. The implementation of transformative reforms, like the GST, at the earliest, are however imperative to fast track economic growth and boost consumer confidence. Given the Government’s intent to stick to its path of fiscal consolidation, we look forward to an interest rate cut or more liquidity in the system to drive private capital investment. Going forward, given the plethora of schemes that have been announced, it will be important to deliver on the promises made through effective on-the-ground execution.

     

    Sanjay Sethi, CEO, Shopclues.com

    “Finance Minister Mr Arun Jaitley has certainly made several important announcements for start-ups in his Union Budget speech. We are pleased that a sizeable sum has been allocated for ventures founded by women entrepreneurs and members of scheduled castes and scheduled tribes. This is a great step towards empowerment and inclusive growth for those communities that have hitherto found less representation in business. The fact that start-ups will get 100% tax exemption for three years  out of 5 years  and long terms capital gain for unlisted companies has been reduced from 3 years to 2 years will also be a great boost to the economy and will aid in creation of jobs. However, we do believe that overall a lot more impetus could have been given to the start-up ecosystem through this budget.”

     

    Sanjeev Gupta, MD, Global Advertisers:.

    “We are glad that there is no increase in taxes. Since the government is said to be pro-development and has allotted significant money for the rural infrastructure, railways and road development, we think it’s a positive sign for our future. We are also seeing great potential in expanding our reach to small cities now. The finance minister has also hinted at amending motor vehicles act for better transportation facility in the country. This may give us the opportunity to position our ads more effectively while on the move. We feel that in this critical economic condition, the budget has been so far satisfactory for the advertising industry.

     

  • A Balanced and Growth-Oriented Budget: Rakesh Jariwala, EY

    Rakesh Jariwala

    By Rakesh Jariwala

     

    On an overall basis, the Modi Budget seems to be a balanced and a growth oriented budget.  The Budget has announced the setting up of a fund to provide finance as venture capital and soft loans to start ups.  The start-ups in the M&E space should benefit from this Fund as it would be an additional source for them to raise finance.

     

    The introduction of service tax on sale of ad space across platforms (except print media) will have a direct impact on the M&E  sector. Till date, service tax was not applicable on sale of ad space for internet and mobile media.  The impact of this additional service tax levy would really hinge on advertiser’s ability to absorb the input service tax, which otherwise will become additional cost in the hands of the advertiser.

     

    The M&E sector has been subject to immense litigation on various direct and indirect tax controversies which extend to transfer pricing, withholding taxes, characterisation issues, etc.  This Budget has introduced measures which could reduce the litigation both past and in respect of proposed transactions.  These measures include roll back of Advance Pricing Agreements to preceding four years, extension of advance ruling mechanism to resident for income tax matters and  resident private companies for service tax matters, simplification of transfer pricing rules, measures to make settlement commission authority more effective for income tax litigation, etc.

     

    Rakesh Jariwala, Partner, EY

     

  • 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.