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Eleventh Five Year Plan - of Planning Commission

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infrastructure remained many notches below world<br />

class at the end <strong>of</strong> the Tenth <strong>Five</strong> <strong>Year</strong> <strong>Plan</strong>. Problems<br />

related to the availability and quality <strong>of</strong> electric power<br />

as well as roads, railways, ports, and airports have been<br />

highlighted in Chapter 1 <strong>of</strong> Volume I along with the<br />

outline <strong>of</strong> the new strategies adopted in the <strong>Eleventh</strong><br />

<strong>Plan</strong> to tackle these problems.<br />

Taxation<br />

7.1.32 Tax policy is a very important determinant <strong>of</strong><br />

the investment climate. The rates <strong>of</strong> direct taxes determine<br />

the structure <strong>of</strong> incentives to work, save, and invest,<br />

while the level and structure <strong>of</strong> indirect taxes<br />

influences the aggregate demand and thus the scale <strong>of</strong><br />

operations on the one hand and relative prices <strong>of</strong> different<br />

goods and services on the other. Concerted efforts<br />

to simplify the tax system, moderate the rates <strong>of</strong><br />

tax, and avoid cascading <strong>of</strong> taxes, which intensified<br />

since the 1991–92 reforms and were continued during<br />

the Tenth <strong>Five</strong> <strong>Year</strong> <strong>Plan</strong>, have improved the investment<br />

climate. But more needs to done.<br />

DIRECT TAXES<br />

7.1.33 The rate <strong>of</strong> Corporate Tax has been brought<br />

down to a level <strong>of</strong> 30%, which with surcharge and cess<br />

amounts to a maximum marginal rate <strong>of</strong> 33.99%.<br />

However, analysis has brought out two features <strong>of</strong> the<br />

direct taxation in the country arising from the regime<br />

<strong>of</strong> exemptions. First, the average effective rate <strong>of</strong> Corporate<br />

Tax paid in 2005–06 was 17% or about half <strong>of</strong><br />

the statutory rate. Second, the range <strong>of</strong> incidence varied<br />

from 11.7% to 32.5%.<br />

7.1.34 Different effective rates <strong>of</strong> direct taxes can cause<br />

misallocation <strong>of</strong> resources. Capital investment should<br />

be driven by efficiency considerations rather than<br />

by tax advantage. Withdrawal <strong>of</strong> industry-specific<br />

concessions will make it possible to consider the introduction<br />

<strong>of</strong> a flat rate without any exemptions.<br />

The desirability <strong>of</strong> a flat rate stems from the fact that<br />

it promises to introduce transparency and equity in<br />

taxation <strong>of</strong> different economic activities, reduces the<br />

incentive to evade or avoid tax, and minimizes<br />

the use <strong>of</strong> discretion <strong>of</strong> tax authorities (regarding<br />

eligibility for concessions). The Kelkar Task Force<br />

on direct taxes had recommended a similar regime <strong>of</strong><br />

Corporate Tax at 25%.<br />

Industry 147<br />

INDIRECT TAXES<br />

7.1.35 In indirect taxes great progress was made during<br />

the Tenth <strong>Five</strong> <strong>Year</strong> <strong>Plan</strong> in reducing the cascading<br />

effect <strong>of</strong> indirect taxes by the adoption <strong>of</strong> State VAT by<br />

almost all the States and UTs. However, the rates <strong>of</strong><br />

indirect taxes in India remain among the highest in<br />

the world. Most industrial products are subject to<br />

Central value-added tax (CENVAT) on the manufactured<br />

value, at an average <strong>of</strong> 16% and a State VAT at<br />

a modal rate <strong>of</strong> 12.5% <strong>of</strong> retail value (though there are<br />

a number <strong>of</strong> goods that are exempt from State VAT<br />

and some are subject to lower rates <strong>of</strong> tax). At present<br />

the incidence <strong>of</strong> CENVAT and State VAT together is<br />

about 23%. In addition, States and local levels <strong>of</strong><br />

government levy such taxes as octroi or entry tax,<br />

etc. The overall rate <strong>of</strong> indirect taxes compare<br />

unfavourably with those prevailing in Association <strong>of</strong><br />

South-East Asian Nations countries, which are closer<br />

to 10%–12%.<br />

7.1.36 High taxes raise the final price <strong>of</strong> products, reducing<br />

demand for specific products and dampening<br />

aggregate demand. Lower taxes lead to an increase in<br />

the aggregate demand, providing long-lasting incentive<br />

to investment, simultaneously increasing employment<br />

and incomes. If the buoyancy in tax collection<br />

seen in the recent years continues, it will provide an<br />

opportunity for making a beginning toward the<br />

gradual reduction <strong>of</strong> the combined incidence <strong>of</strong><br />

CENVAT and State VAT.<br />

INVERTED DUTY STRUCTURE<br />

7.1.37 The customs duty in India on non-agricultural<br />

products has come down drastically since 1991–92, and<br />

during the past five years the peak duties (except for a<br />

handful <strong>of</strong> products) have fallen from 30% to 10% ad<br />

valorem (as on 1 March 2007). The vast majority <strong>of</strong><br />

manufacturing industries have withstood increased<br />

competition from imports arising from the lowering<br />

<strong>of</strong> customs duties. However, what is affecting them<br />

adversely is the inverted duty structure arising from<br />

elimination or reduction <strong>of</strong> duty on value-added products,<br />

while higher duties apply on the raw material and<br />

intermediate products. In some cases, inverted duties<br />

are embedded in the Most-Favoured-Nation duties, as<br />

in the cases <strong>of</strong> Information Technology (IT) products<br />

and books. Although under the obligations <strong>of</strong> the

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