COMMENT: Why Indian taxpayers need to be patient during a busy 2012

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

COMMENT: Why Indian taxpayers need to be patient during a busy 2012

india-flag.jpg

Rumours of delays in the implementation of India's Direct Taxes Code (DTC) and goods and service tax (GST) should be welcomed by taxpayers.

While there has been no formal announcement confirming that both of these changes will not be effective on April 1 2012, you would be hard pushed to find an Indian tax professional prepared to bet that this target will be met.

So why are these delays good news? Surely, having certainty and being given ample time to prepare for change is vital for business operations?

But what needs to be realised is that the reason for the holdup is that the government is not happy with the laws and are not prepared to let them loose on the public.

The DTC and GST have already been delayed a number of times and so this would suggest that there are still more problems to overcome.

At the end of 2011, International Tax Review organised and attended Indian tax conferences where these two topics dominated discussions. Delegates argued about the challenges of preparing for change. This is a fair argument. How many countries would drastically alter their direct and indirect tax laws at the same time, to take effect on the same day, and expect everything to go smoothly?

Matching these arguments were professionals eager for the government to listen to their concerns and implement them rather than rush in an imperfect law that will lead to increased litigation and higher levels of uncertainty – something that would do little to improve India's image to investors around the world.

The only solution, and this may not be popular with taxpayers, is to sit tight and carry on business as usual. Speculation as to why things have been delayed and the growing anger pointed towards the government will not help speed things along and will damage the image India portrays to the wider world as a place to do business.

The image of India's tax system to the rest of the world is the focus of this month's cover story of India Quarterly. While the future of the DTC and GST is still unknown, India still attracts high levels of foreign investment in all sectors. But with numerous tax obstacles to navigate around, the feature offers some practical guidance as to how a company looking to direct resources to India can avoid the tax pitfalls of foreign investment.

FURTHER READING:


COVER STORY: How to successfully invest into India

INSIGHT: What to expect in next month's budget

ANALYSIS: How India’s increased OECD cooperation will increase taxpayer scrutiny



more across site & shared bottom lb ros

More from across our site

The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
Gift this article