Ease of doing business in India: An analysis

 ADVANTAGES OF STARTING A BUSINESS IN INDIA

LARGE POPULATION

Macro economically a large population and a big market without borders with generally established logistics to do business are one of the major advantages of starting a business in India. India's young population and growing economic power promise to be a magnet for foreign companies for decades to come.

COMPREHENSIVE TAX SYSTEM

India has a comprehensive network of tax treaties. Moreover, recently Indian tax system has been modified by the Direct Taxes Code as well as the Goods and Service Tax (GST) to provide ease of doing business.

BUSINESS-FRIENDLY LAWS

In recent years, several important bills that are beneficial for most industrial sectors have been passed in the Indian Parliament. The Goods and Services Tax Bill has increased efficiency in the movement of products across India. The Direct Taxes Code Bill has cleaned up tax laws. But the most important (and most controversial) law will be the Land Acquisition Bill. The Companies Bill, which updates India's corporate law for the 21st century, has also been passed. Such business-friendly laws make it easy for international players to actualize their plans of entering India.

LOW OPERATIONAL COST

There is a noticeable Low cost of operation possible from infrastructures to phones to the internet to labour to salaries to anything required to set up a business. Moreover, workers are ready to work at a low cost. Not only this but the tax strategies of India compared to other countries are very moderate and hence could cut the cost of operation of the business.

INDIAN FINANCIAL SYSTEM

India has a well-regulated financial system that has access to developed markets all over the world and can be financed through multiple sources restricted to some rules and regulations of RBI etc.

VAST TRADE NETWORK

India boasts a vast network of technical and management institutions that are of the highest international standards backed by regional and bilateral free trade agreements. In addition to that, there are numerous trading partners to trade with. These institutions develop excellent human resources.

STRONG BASE OF ENGLISH-SPEAKING POPULATION

India has a strong base of an English-speaking population for business purposes. The historical relationship between the UK and India means that Indians have a high level of English. Although the accent and vocabulary of Indian English are slightly different from that of British or American English, international organizations will benefit immensely from graduates' ability to speak English fluently, as well as their command of the many local Indian languages. The relatively few language barriers make doing business in India quite attractive for international organizations.

INDIAN WORK ETHICS AND WORKING CLASS

Indians are known for their work ethics all over the world. The blend of hardworking nature with the willingness to learn and never say no attitude is what sets Indians apart from their South Asian counterparts. Moreover, the huge no. of the Indian population falls under the working-age group i.e. 18 to 65 adds more years to service availability in the Indian Market. The youth has come out of the closet and now looking for opportunities. Businesses can leverage this opportunity by generating employment and increasing productivity.

GOVERNMENT'S INITIATIVES

The government of India has taken several initiatives to attract foreign investments in India's diverse sectors. It has announced a number of attractive schemes and policies from time to time to lure investments. The individual ministries of different industries have made special attempts to ease the rules and regulations related to foreign investment in the industry. 

STARTUP INDIA MOVEMENT

Under the head of the 'Start-up India Movement' the government is introducing several reforms to create possibilities for getting Foreign Direct Investment (FDI) and foster business partnerships. Some initiatives have already been undertaken to alleviate the business environment from outdated policies and regulations. This reform is also aligned with the parameters of the World Bank's 'Ease of Doing Business' index to improve India's ranking on it.

India is well endowed with mineral and agricultural resources, and it has seen a significant increase in offshore outsourcing and manufacturing over the last couple of decades, which has helped India's economy grow at a tremendous rate. It is very interesting how foreign companies and foreign investors are benefited from doing business in India. 

SIMPLIFYING THE BUSINESS ECOSYSTEM IN INDIA

The World Bank's Ease of Doing Business Project is the key driver of regulatory reforms. It ranks 190 economies on various parameters from cradle to grave of a business cycle on a set methodology which indicates how easy it is to do business in the country. These parameters are as under:

STARTING A BUSINESS

The introduction of SPICe+ and AGILE PRO form by the Ministry of Corporate Affairs (MCA) saves the time and effort required for a nascent Company Incorporation.

SPICE+ (Simplified Performa for Incorporating Company Electronically (Plus) is an integrated Web Form.

• Five-page form and other attachments for reserving the name of the Company with the Ministry of Corporate Affairs have been simplified into a simple web service with only three fields to be filled.
• Incorporation, DIN allotment, Mandatory issue of PAN, Mandatory issue of TAN, Mandatory issue of EPFO registration, Mandatory issue of ESIC registration, Mandatory issue of Profession Tax registration (Maharashtra), Mandatory Opening of Bank Account for the Company, and Allotment of GSTIN (if so applied for).
• Elimination of incorporation fee for companies with an authorized capital of up to Rs. 15 Lakh.
• No requirement of inspection before registration under the Shops & Establishment Act in Mumbai and Delhi.

PAYING TAXES

Reduction of corporate tax from 30% to 25% for mid-sized companies. Domestic companies can opt for concessional tax regime @ 22% (effective tax rate: 25.17% inclusive of surcharge and cess). Such a company cannot claim any income tax incentive or exemption. Such companies are not liable to pay the Minimum Alternate Tax (MAT).

Robust IT infrastructure of online return filing for Indian taxpayers.

The Goods and Service Tax came into effect on 01 July 2017. It subsumes eight taxes at the Central and nine taxes at the State level.

The Employee State Insurance Corporation (ESIC) has developed a fully online module for electronic return filing with online payment. This has substantially reduced the time to prepare and file returns.

With the introduction of the e-verification system, there remains no physical touchpoint for document submission to income tax authorities.

Instead of filing 3 GST returns, the taxpayer has to now file only 2 returns.

RESOLVING INSOLVENCY

The Insolvency and Bankruptcy Code of 2016 has introduced new dimensions in resolving insolvency in India. It is India's first comprehensive legislation on corporate insolvency. The objective of the Code is the maximization of the value of assets by aiming at reorganization rather than the liquidation of the Corporate Debtor. The Code has seen success as the creditor is in charge rather than the debtor in charge. The increase in recovery rate to 71 % is evidence of its success. This law is evolving and once a long drawn and painful process, of closure of a business is now a faster and more efficient process. Under Fast-track Corporate Insolvency Resolution Process (CIRP) for mid-sized companies, the process for insolvency shall be completed within 90 days with a maximum grace period of another 45 days.

Key Benefits

• Free up Resources of the Economy
• Resolve a Viable Company
• Better Realization by the Creditors
• Liquidation of Unviable Business
• Preserve Jobs 

PROTECTING MINORITY INVESTORS

This indicator is concerned with measuring the protection of minority interests from conflict of interest and shareholders' rights in corporate governance. Many amendments have been made to the Companies Act which has strengthened the minority investor protection in India.

Major improvements

• Claims against defaulting directors can be claimed now.
• The constitution of the National Company Law Tribunal ensures greater shareholder protection.
• Full Shareholder protection has been provided against defaulting directors and claims for damages.

GETTING CREDIT

Central Registry of Securitization Asset Reconstruction and Security Interest (CERSAI) is a geographically unified electronic registry that provides for registration by asset type. Since 2017, CERSAI also provided a search through the debtor's name.

Priority is given to secured creditors over government dues for recovery of their dues.

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) (Central Registry) Rules, 2011 was amended to include additional types of charges, including a security interest in - immovable property by the mortgage, hypothecation of plant and machinery, stocks, debt including book debt or receivables, intangible assets, patent, copyright, trademark, under-construction building.

The definition of property, which now includes immovable as well as intangible, allows CERSAI to register these additional charges.

ENFORCING CONTRACTS

Faster resolution of commercial disputes is pivotal to boosting investor confidence in the dispute resolution mechanism of the country. The adoption of technology for case management by lawyers and judicial officers is leading to speedier dispute resolution. e-filing of cases has been introduced in district courts of Delhi and Mumbai.

eCourts Services Portal

The app and portal offer the following case-related services for litigants and lawyers.

• To access the laws, regulations, and case law.
• To access the forms/documents to be submitted to the court.
• To receive the notifications on emails/SMS.
• To track the status of the case.
• To view and manage the case documents.
• To view court order decisions in a particular case.

TRADING ACROSS BORDERS

Time and cost to export and import have been considerably reduced by electronic sealing of containers, up-gradation of port infrastructure, and allowing electronic submission of supporting documents with digital signatures.

India Customs Electronic Gateway (ICEGATE) allows traders the facility to lodge their clearance documents online at a single point.

ICEGATE offers a host of services:

• Electronic filing of Bill of Entry
• Shipping bill
• E-payment of custom duty
• Web-based Common Signer utility for signing all the Customs Documents
• Facility to file online supporting documents through e-Sanchit
• End-to-end electronic IGST Refund
• 24X7 helpdesk facility for its trading partners
• e-payment of Central Excise and Service Tax
• online registration for Intellectual Property Rights (IPR)
• Document Tracking status at Customs Electronic Data Interchange (EDI)
• online verification of DEPB/DES/EPCG licenses
• IE code status
• PAN-based Customs House Agent (CHA) data,
• IGST Refund Status and
• links to other important websites/information related to EXIM Trade

DEALING WITH CONSTRUCTION PERMITS

India will now be counted among the top nations in the world where it is easiest to obtain all permits related to construction.Online Building Permission System (OBPS) is an online Single Window for obtaining all building permissions. In Delhi and Mumbai, all relevant agencies have been brought on board this single window system thereby eliminating the requirement on the part of the applicant to engage with each agency individually.

• Municipal Corporations of Delhi, as well as Municipal Corporation of Greater Mumbai, have introduced fast track approval system for issuing building permits with features such as Common Application Form (CAF), provision of using digital signature, and online scrutiny of building plans.
• Implementation of Risk-Based Classification of buildings helped in strengthening building regulations considerably.
• Application for Joint Site Inspection which essentially stipulates all inspections with regards to Fire, Water, Sewage, Environment, Archaeological etc. be conducted simultaneously. This ensures transparency and efficiency in obtaining the required No Objection Certificates (NOC).
• 2056 Urban Local Bodies across the country have replicated this Online Building Permission System.
• Cost of obtaining construction permits reduced from 23.2% to 5.4% of the economy's per capita income.

REGISTERING PROPERTY

Digitization of land records has been one of the top priorities to bring efficiency and transparency in property-related transactions. It allows citizens to view property transaction records in a digital mode.

• You can access all the property maps on a portal for free.
• View & Download Obtain Property cards by clicking on the property map.
• View & Download Detailed Plot Report can be seen just by entering the plot number

Benefits of Digitized Cadastral Maps in Delhi & Mumbai:

• No need to physically visit government departments for obtaining maps.
• Anytime, anywhere access to maps.
• No hassle of handling bulky hard copies.

CONCLUSION

In 2016 India was at the 130th rank in the World Bank's Ease of Doing Business Index. Within a few years, India has climbed up to the 63rd place which indicates an improvement of 67 ranks as a result of the improvement made by the Government in its policies launched under the Make in India campaign that targets creating more than 100 million jobs by the year 2022, making India a manufacturing hub and raising the contribution of manufacturing sector's share to GDP to 25%. In a nutshell, the Government has been initiating significant reforms to improve the ease of doing business in India. Several initiatives have been taken by the Government across different parameters to support the growth of ease of doing business environment in the country. Consistent progress made across different parameters is likely to expedite India's ranking in the top 50 countries in ease of doing business in years ahead.