Monday, 14 December 2015

How GST Will Change the Face of Indian Economy?


Thanks to its Inordinate delay and excessive media coverage around it, GST has become a household acronym today. But let us understand what is the kind of impact it will have if it is enacted. Let’s start with a simple example on movement of goods in India. Very recently one of my close industrialist friend who has business interests in North East told me that a truck ferrying his goods from Mizoram to Indore takes around 18 days to cover 2700 Km approx. That is an average of 150 Km per day. Indian truck drivers clock an average of 280 km per day, much below the world average of 400 km per day and far below the 700 km the average truck driver in the US does every day. The underperformance of Indian truckers has less to do with bad roads and quality of trucks and more about prevailing laws.
Truck drivers in India spend 60 - 70 per cent of their time off roads negotiating check posts and toll plazas. There are 650-odd check posts in the country and 11 categories of taxes on the road transport sector. Since road traffic accounts for 60 per cent of freight traffic in India, the slow movement of trucks across states leads to productivity loss. According to research findings, if the distance covered goes up by 20 per cent per day, Indian truck productivity would improve by 12 per cent.
Higher productivity would cut the need for buffer stocks; reduce the loss of perishable goods, cut down the need for many warehouses, etc. Analysts say the implementation of the goods and services tax (GST) could provide the kind of productivity boost illustrated above. The benefits of GST are:
1) Unified market: The GST will cut down the large number of taxes imposed by the central government (eg. central VAT or excise duty, services tax, central sales tax on inter-state sales, etc.) and states (VAT on sales, entertainment tax, luxury tax and octroi and entry taxes levied by municipalities). This will lead to the creation of a unified market, which would facilitate seamless movement of goods across states and reduce the transaction cost of businesses.
2) Lower incentive to evade tax: Currently, companies have to pay taxes on entire underlying value of the product/service, but under GST, companies in a chain will have to pay tax only on the value-addition. So, the actual tax paid will likely be small and reduce the incentive for evasion. Also the system would monitor those who evade taxes. "For every product manufactured there is going to be a bill of material. Say for example, what are the inputs going in to manufacturing a chair? Leather how much, plastic how much, the leavers etc. So when this material is procured it would be mapped out what are the taxes paid on each of them. Once its manufactured entire chair is manufactured entire tax paid on the raw material would be credited back and only the final product would be taxed ..
3) Widen tax base: GST will give credits for all taxes paid earlier in the goods/services chain incentivising tax-paying firms to source inputs from other registered dealers. This will bring in additional revenues to the government as the unorganised sector, which is not part of the value chain, would be drawn into the tax net. Besides, states will be allowed to tax services (as opposed to only the central government) under the GST.
According to the National Council of Applied Economic Research, government's tax revenue will increase by about 0.2 per cent because of GST implementation, while GDP growth could go up by 0.9-1.7 per cent. Exports will also get a boost as they are zero-rated for taxes and also because the fall in cost of manufactured goods and services under GST will increase the competitiveness of Indian goods and services in the international market.
But in shorter run, implementation of GST will have its inflationary effect as the cost of all services and goods will increase by anywhere between 5 to 8% and this could be for a cycle of at-least 2 to 3 years.

One reason why the Real Estate Bill is likely to fail

By now, we all have some idea about the  latest real estate bill and we all must accept that, the Bill is very well worded and has solutions for almost all the problems that home-buyers face while dealing with real estate companies. Nevertheless, there are problems with real estate that go beyond the Bill and the Bill at best when it becomes an Act only takes care of some of the issues concerning the real estate sector.

The broader point is that real estate is a sector which needs to be regulated by the state government. It calls for a real estate regulator (the Real Estate Regulatory Authority to be very precise) to be set up in every state and union territory. And ultimately the success of the Bill as and when it becomes an Act depends on how seriously the respective state governments implement it.

Further, the Select Committee of the Rajya Sabha met the real estate promoters during the course of deliberating over the Bill. In their submission to the Select Committee the real estate promoters were critical on "the delays caused in obtaining the various approvals before starting any real estate project". Some of the real estate promoters pointed out that it took years to obtain necessary approvals. This ultimately delayed the project and added to its cost as well. The promoters also told the Select Committee that they should not be held responsible for delays in handing over homes on account of inaction or delayed action of the state governments. As a recent news-report in the Mint pointed out: "Developers need about 54 to 60 approvals before starting to build, a process that can stretch on for years. They need permissions ranging from an "Ancient Monument" approval to ensure that no monuments of historical significance are near the proposed project, to clearance from the Tree Authority, which must ascertain how many trees, if any, will be cut as a result of construction."

The Select Committee of the Rajya Sabha in its report talks about single window clearance from the state government to facilitate development of the real estate sector. And how will this be achieved? Section 32(b) of the Bill talks about the real estate regulator in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector, should be making recommendations to the appropriate state government on creation of a single window system ensuring time bound project approvals and clearances for timely completion of real estate projects. I guess there is nothing beyond this the Real Estate Bill can really do. So it ultimately boils down to the state governments whether they are in the mood to give a single window clearance for real estate projects.

How good are the chances of something like that happening? The entire process of clearing a real estate project through the various stages is a good money making exercise for both state level politicians as well as bureaucrats. So the economic incentive is clearly against a single window clearance. Also, much of the money thus raised is used to fight elections at the state level. The builder-political nexus is a huge source of finance to fight elections at the state level for politicians. Will this nexus break down?

Further, many politicians at the state level are real estate promoters (or builders) themselves or if not promoters they have others operating as fronts. Given this, why would they want a transparent and an efficient real estate sector, when the opaqueness and inefficiency benefits them the most.

So the Real Estate Bill as and when it becomes an Act will definitely move things forward from the consumer point of view. Nevertheless, it is clearly not the panacea that it is being made out to be.

The Real Estate Bill



On December 9, 2015, the union cabinet approved the Real Estate (Regulation and Development) Bill, 2015, as reported by the Select Committee of Rajya Sabha. In May earlier this year, the bill had been sent to a Select Committee of the Rajya Sabha. The union cabinet has accepted all the suggestions made by the Select Committee. The Bill will now be put up before both the houses of Parliament.

So what does the Bill have to offer?

The real estate market in India is an excellent example of information asymmetry where one side has much more information than the other. In this case, the real estate promoters and the real estate agents have much more information than the home-buyers. Even getting something as basic as the going price of an apartment in a given area is very difficult.

The Rajya Sabha Select Committee on the Bill met real estate consumers and this is what it had to say in its report: "These consumers were unanimous in their submission that they have no means to know about the real status of the project for example whether all the approvals have been obtained, who is holding the title of the land, what is the financing pattern of the project and what has been the past record of the builder etc.? As a result, they invested their money without having any information about the project. In many cases, they were not given what was promised to them and in almost all cases the project was delayed."



The Bill seeks to tackle this information asymmetry and the fact that the real estate sector does not have any single regulator regulating it. The Bill talks about setting up of a real estate regulator (Real Estate Regulatory Authority to be very precise) in every state and union territory. A real estate promoter needs to register a project with the real estate regulator before he starts selling or advertising it.

Projects with the area of land proposed to be developed exceeding five hundred square meters or where more than eight apartments are to be developed, need to be registered with the real estate regulator of the state they are based in. The application to the regulator needs to be accompanied with details like the real estate projects already launched by the real estate promoter in the past five years. It also needs to be mentioned whether these projects have been completed or are still under development. If the projects has been delayed, the reasons for the delay need to be mentioned. Over and above this an authenticated copy of the approvals and commencement certificate from the competent authority also needs to be submitted. Other important details like land title, the layout plan for the proposed project, the location details of the project, also need to be submitted to the regulator.

After an approval is granted by the real estate regulator, the real estate promoter will have to upload all these details on to the website of the real estate regulator. Any advertisement of the project should have the precise link to the project details as well. At the time of booking and issuing an allotment letter to the buyer, the promoter needs to make available to the buyer, the time schedule of completion of the project, including the provisions for civic infrastructure like water, sanitation and electricity. Many real estate companies over the years have sold homes without the basic amenities in place. In some cases, housing societies have even lacked a water connection and have needed to get water delivered through water tankers almost on a daily basis for years. The Real Estate Bill hopes to correct this. It also hopes to correct the information asymmetry that prevails in the sector up until now.

The Bill also allows any real estate buyer to file a complaint against the real estate promoter or real estate agent with the real estate regulator in case any violation of the provisions of the Bill as and when it becomes an Act.

A major problem with the sector has been a delay in the delivery of homes. One of the major reasons this happens is because real estate companies announce a new project, raise money and then use that money either to complete an earlier project or pay off debt. This has led to a situation where many projects have been delayed endlessly given that the trick of starting a new project and raising money doesn't seem to be working anymore. The Bill seeks to correct this situation. The real estate promoter needs to maintain 50% or "such higher percent, as notified by the appropriate government" of the amount raised from the buyers of homes, in a separate bank account. This money can be only used for the cost of construction and can be withdrawn by the real estate promoter in proportion to the percentage of completion of the project. This is one of the major clauses in the Bill and if implemented correctly can bring huge relief for the buyers. This clause has been diluted. In the original version of the Bill, the promoter needed to maintain 70% of the amount raised in a separate bank account. The reason offered for this dilution is that in many cases land prices form a major part of the project and maintaining 70% of the money raised in a separate bank account isn't the best way forward.

Further, up until now the buyer while buying a home had no clue about what exactly was the area that he was paying for. The Bill defines the term carpet area exactly as: ""carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment." Again, if implemented well this clause can bring huge relief to home buyers.


Real estate agents will also need to register with the regulator. This is another good move where not anyone and everyone will jump into become a real estate agent or a broker, as is the case currently.

Also, currently the real estate promoters keep changing the plans as they keep building the project. Once the Bill becomes an Act, this may no longer be possible. Any alterations to sanctioned plans, layout plans and specifications of the buildings or the common areas within the project will need written consent of at least two-thirds of the buyers other than the promoter, who have bought apartments in the building. This is another buyer friendly measure. On a jovial note what this means is that real estate promoters will have to stop advertising all those swimming pools which are planned at the time a project is launched but never get built.

Up until now buyers have had to pay a huge rate of interest every time they miss a payment to the real estate promoter. But the promoters never pay or at least don't pay the same high rate of interest, if there is any delay on their part. The Bill essentially calls for the same rate of interest to be paid by the real estate promoter as well as the buyer in the eventuality of a default on either side.

Further, if the promoter violates any one of the provisions under section 3 of the Bill he shall be punishable with imprisonment for a term which may extend up to three years or a fine which may extend up to a further 10% of the estimated cost of the project, or with both. Section 3 of the Bill basically deals with the real estate promoter having to register with the real estate regulator before launching a project and then following a series of buyer-friendly steps.

On paper, the Bill seems to be well thought out and takes care of the all the issues that buyers have had with real estate promoters in the years gone by. Nevertheless, the implementation of the Bill as and when it becomes and Act, will be carried out at the state government level. And whether state governments carry out the implementation in true letter and spirit remains to be seen.