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SUNDAY, NOVEMBER 08, 2009 2:40 PM IST

The finance ministry has rightly rejected the power ministry’s proposal to extend tax incentives and fiscal concessions to merchant and captive power projects under the garb of easing the unsuccessful mega power policy to make it more attractive.

The genesis of this policy more than a decade back lay in linking fiscal concessions with power sector reforms in the states and encouraging large capacity additions at the same time. Neither happened.

And now, instead of focusing on curing the ills of the sector which keep investments at bay, the ministry is labouring on measures for private sector to utilise the sops, even if means delinking it from the reforms agenda. Not surprisingly, the finance ministry is unwilling to loosen the purse strings. The sops concerned are considerable, too—waiver of import duty on capital equipment and a 10-year tax holiday for 1,000MW thermal and 500MW hydel projects.

The power ministry has an argument, albeit a weak one. It says the mega power policy has not found takers since the terms are too stiff. Here’s how: The policy was envisaged as a tool to push through reforms in the state power sector—reduce the staggering losses in the distribution business—which in the long term would attract private investments in the generation business. One of the pre-conditions was the need to sell power to more than one state. This was aimed at lowering the risk of payment default. Importantly, the purchasing states had to commit to privatizing electricity distribution in large cities.

This has been seen as a serious stumbling block for private producers availing the sops. Only one project with private participation—the Lanco group’s Nagarjuna project in Mangalore—has managed to secure the “stipulated assurance” for privatization of distribution. That too, very weakly worded ones, from Punjab and Karnataka.

There is now growing “understanding” that the political environment in the states doesn’t favour privatized distribution. And the condition of selling power to more than one state is not as relevant as it was a decade ago—the argument is that with a fast growing economy, demand for electricity is only rising and one state can easily absorb the 1,000MW supply that is the base level for availing the mega power policy benefits.

Evidently, the power ministry’s proposal seeks to delink the tax sops from the reform agenda. Lagging way behind its generation targets, it might see this as the route to some redemption.

Nevertheless, this proposal is fine as far as removing the norm of inter-state sale of power goes. On the other hand, given the tardy pace of distribution reform, any let up on the reforms is certainly not justified. After all, for every rupee of power sold, only 65 paise is recovered, with the rest is lost to technical losses and theft.

Worst of all is the proposal to hand fiscal benefits to captive and merchant power producers. The first is when industry produces its own electricity. There’s no rationale for giving sops here. Any arguments that industry would thus be encouraged to set up larger captive capacity don’t hold since that should happen anyway under compulsions of economies of scale in its market-led business plans. There’s only one inference here—lobbying from industry and rent-seeking tendencies in the ministry.

The second is that of merchant power, or the spot market supplier who gets active in times of power shortages. Sops here translate into encouraging state electricity boards to rely on temporary solutions and buying power that will still be costlier than long-term contracted supply from producers.

At best, extending these sops to captive and merchant power producers spell an economic distortion and at worst, cronyism. The finance ministry must stick to its guns.

Should captive power get fiscal incentives? Write to us at views@livemint.com

 
Ambrish Said:


Firstly, let me highlight that the income tax holiday is not part of the mega power policy, as stated in the article. The mega power policy primarily included only indirect tax sops through custom duty waiver for project related imports for mega power projects. The 10 year tax holiday, under section 80IA of IT Act, is even available to power plants not falling under the purview of mega power policy. In fact, this holiday is available to other infrastructure projects like roads, power transmission etc. Regarding whether such sops should be extended to captive power and merchant power projects, I think it will be very difficult for any policy maker to take a call. Few reasons for this are: First, many upcoming projects are a mix of sale through long term power purchase contracts (to multiple states) and short term merchant power. How would tax laws be applied "in part" to such plants. Second, many such projects have achieved financial closure or are already into construction and have their finances arranged and PPAs signed based on tax holiday and customs waiver assumptions. What would happen to such plants under development? My view is that such policies should be extended to merchant plants and captive plants as this will give an incentive for even foreign investment (and efficiencies) to come into generation. With more incentive for merchant power generation, we would have enough competition and the government may in turn find even merchant power generators competing against each other to offer short term power at competitive rates. Otherwise, only a select few Indian firms would do "across the table deals" with the state governments and central government (basically negotiated deals and not competitively bid out) to get hydro projects (like in NE region) and coal linkages allotted and hence make super normal profits on country's natural resources. It would be reasonable to extend such sops for another 10 years.

Posted On 12/24/2007 9:38:43 AM
Re: ViewsTeam Said:


Thanks for commenting Amrish. The mega power policy note specifies (in addition to tax waivers) a 10-year tax holiday. The power ministry’s motive to include captive and merchant projects under this policy seems to be to institutionalize these benefits rather than leave them to the finance ministry to weigh the need at Budget time -- the waivers expire in 2010. Two, you refer to hybrid projects with a PPA and a spot sale component. The customs duty benefit applies only if they are larger than 1000 MW and sell more than 51% to a utility (definition for non-captive supply). Our point was about extending the benefits to full captive and merchant projects. Further, inefficiencies have little to do with generation by private/central sector producers (the problem is mainly at the distribution end). Foreign participation has little to offer beyond investment; certainly not efficiency. Here, transparent competitive bidding for long-term contracts is likely the best way to get foreign players. The issue is not as much about capital but the ability to absorb it. Spot transactions are adding to the procurement basket. But the problem is not over, and it is at the purchaser (utility), not the seller end. The point that not extending the holiday hurts business has little merit. When policy is fluid, players take calculated risks. Re the point that non renewal of tax holiday won't really affect the plans or profitability of upcoming merchant plants, given the power shortages and low price elasticity of demand--minimum economic sized merchant plants are unlikely to rely on or bother to cater to a clutch of units operating on DG sets. The answer lies in state utilities improving operations, cutting distribution losses and bringing back those units into the grid 24x7. That's a larger issue still. And if industry is big enough, it moves to captive, as reforms are not fast-paced enough. The point of not giving it tax sops to produce its own power holds.

Posted On 8/18/2008 10:53:38 PM