Doing Business in India - RSM Austria

More documents

Recommendations

Info

issued by Reserve Bank from time to time. The period of such Letters of credit / guarantees / LoU / LoC has to be co-terminus with the period of credit, reckoned from the date of shipment. 3.5 Time period for realization of Export payments The present period of realization and repatriation of the amount to India of export value of goods or software exported is 12 months. However, no specific time period for realization and repatriation of the amount to India of export value of goods or software exported by a unit situated in Special Economic Zone (SEZ) has been specified. In case of exports made to warehouses, established outside India, as soon as it is realized or in any case within 15 months from the date of shipment of goods. 3.6 Time period for payment towards Import obligations Remittances of payments against imports should be generally completed not later than 6 months from the date of shipment, except in cases where amounts are withheld towards guarantee of performance. 4.0 EXCHANGE CONTROL REGULATIONS - FOREIGN TECHNOLOGY TRANSFER AND ROYALTY PAYMENTS A foreign investment is now no longer linked with the technical assistance. As such, now, it is possible for foreign investor to either do equity investment or enter into technology transfer agreement. It is also possible to do foreign investment as well as technical collaboration. Technology transfer can take place in many forms and methods. It comprises of various species of intellectual property like copy right, patents, trade marks, designs, know how etc. Technology transfer agreement may involve a one-time payment of fees or it may involve longer-term arrangements with periodic royalty payments. The remittance under technical agreements is a current account transaction and as such is freely remittable. The Government of India permits the payments for royalty, lump sum fee for transfer of technology and payments for use of trademark/brand name on the automatic route i.e. without any approval of the Government of India. In other words, there shall be no restriction on limits of royalty payments from India and can be remitted without any approval of Government or Reserve Bank of India However, all such payments will be subject to Foreign Exchange Management (Current Account Transactions) Rules, 2000 as amended from time to time. A suitable post-reporting system for technology transfer/ collaborations and use of trade mark/ brand name will be notified by the Government separately soon. 80 DOING BUSINESS IN INDIA
ANNEXURE - 1 Sectors prohibited for FDI i. Retail Trading (except single brand product retailing) ii. Atomic Energy; iii. Lottery Business; iv. Gambling and Betting; v. Business of chit fund; vi. Nidhi Company; vii. Trading in Transferable Development Rights (TDRs); viii. Activities/sector not opened to private sector investment; ix. Agriculture (excluding Floriculture, Horticulture, Development of seeds, Animal Husbandary, Pisciculture and cultivation of vegetables, mushrooms etc. under controlled conditions and services related to agro and allied sectors) and Plantations (Other than Tea Plantations); x. Real estate business, or construction of farm houses. FDI in manufacturing of 'cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes' has been prohibited vide Press Note 2 of 2010. ANNEXURE - 2 SECTOR SPECIFIC GUIDELINES FOR FOREIGN DIRECT INVESTMENT In the following sectors/activities, FDI up to the limit indicated below is allowed subject to other conditions as indicated. In Sectors/Activities not listed below, FDI is permitted up to 100% on the automatic route subject to Sectoral rules/ regulations applicable. Sr. No. Sector/Activity FDI Cap / Equity Entry Route Remarks I AGRICULTURE 1. F l o r i c u l t u r e , H o r t i c u l t u r e , Development of Seeds, Animal Husbandry, Pisciculture, Aquaculture and Cultivation o f V e g e t a b l e s & M u s h r o o m s u n d e r controlled conditions and services related to agro and allied sectors. 100% Automatic --- NB: Besides the above, FDI is not allowed in any other agricultural sector/activity DOING BUSINESS IN INDIA 81
Page 1:
International global excellence in
Page 4 and 5:
Doing business in India
Page 6 and 7:
Marine Drive, Mumbai
Page 8 and 9:
Contents Hawa Mahal, Jaipur
Page 10 and 11:
Education .........................
Page 12 and 13:
SIGNIFICANT COMPANY LAW REGULATIONS
Page 14 and 15:
ANNEXURE 1 Sectors Prohibited for F
Page 16 and 17:
Chapter 1 India - A Profile Golden
Page 18 and 19:
2.2 Language India is a land of man
Page 20 and 21:
5.2 Communication The Indian teleph
Page 22 and 23:
7.5 Public Holidays The statutory p
Page 24 and 25:
CHAPTER 2 INDIAN BUSINESS AND INVES
Page 26 and 27:
This resulted in a fall in the Bomb
Page 28 and 29:
4.3.3 Designs After expiry of three
Page 30 and 31:
non-banking finance activities viz.
Page 32 and 33:
trading in derivative based on BSE
Page 34 and 35:
same as those where concessional fi
Page 36 and 37:
10.3 Low Research and Development C
Page 38 and 39:
CHAPTER 3 BUSINESS ENTITIES 1.0 FOR
Page 40 and 41:
Sr. No. Criteria Requirements 1 Tra
Page 42 and 43:
The project is funded by inward rem
Page 44 and 45:
cause the disassociation of the par
Page 46 and 47: 2.1.2 MOA 2.1.3 AOA Companies for r
Page 48 and 49: paid up equity capital can be less
Page 50 and 51: The requirements for public and pri
Page 52 and 53: 3.0. STATUTORY REQUIREMENTS FOR COM
Page 54 and 55: 3.4 Online Filing System Ministry o
Page 56 and 57: Section Nature of default 168 Defau
Page 58 and 59: 4.0 SIGNIFICANT COMPANY LAW REGULAT
Page 60 and 61: 4.7 Audit Committees For better cor
Page 62 and 63: The meetings of the board are requi
Page 64 and 65: Chapter 4 Human Resources Kathakali
Page 66 and 67: Employee benefit What is it? Applic
Page 68 and 69: Employee benefit D e p o s i t L i
Page 70 and 71: 2.5 The Equal Remuneration Act, 197
Page 72 and 73: The Factories Act safeguards agains
Page 74 and 75: CHAPTER 5 FOREIGN INVESTMENT IN IND
Page 76 and 77: 2.3 Prohibition on investments 2.3.
Page 78 and 79: ii. Subject to compliance with the
Page 80 and 81: ii. iii. iv. The NRI investor has t
Page 82 and 83: ii. On repatriation basis An NRI ca
Page 84 and 85: Indian company can issue ESOPs to e
Page 86 and 87: ii. iii. iv. The foreign equity aft
Page 88 and 89: vi. Branch Offices have to submit A
Page 90 and 91: ii. ECB up to US$ 20 million or equ
Page 92 and 93: 3.2 Approval Route 3.2.1 Eligible B
Page 94 and 95: 3.2.6 End Use not permitted i. Util
Page 98 and 99: Sr. No. Sector/Activity FDI Cap / E
Page 100 and 101: Sr. No. II C POWER Sector/Activity
Page 106 and 107: Sr. No. 29. Sector/Activity Telecom
Page 108 and 109: Chapter 6 Taxation System India Gat
Page 110 and 111: Entity Domestic Company Financial y
Page 112 and 113: **** Mutual funds, other than equit
Page 114 and 115: interest deductible is restricted t
Page 116 and 117: 2.4 Tax Relief In order to encourag
Page 118 and 119: Section Details of Exemption / Dedu
Page 120 and 121: Section 35 DDA 54G 54GA 54EC 10(34)
Page 122 and 123: Sr. No. Nature of activity and loca
Page 128 and 129: Sr. No. xviii Nature of activity an
Page 130 and 131: No deduction under 80IA, 80IB, 80IA
Page 132 and 133: Tax is payable in advance on income
Page 134 and 135: 3.1.2 Other Non-corporate Entities
Page 136 and 137: the Finance Act 2010, 'bullion' is
Page 138 and 139: Rs. 40,00,000. The scheme is applic
Page 140 and 141: 4.5 Income of Offshore Funds Income
Page 142 and 143: 7.3 Advance Rulings The Indian gove
Page 144 and 145: 9.0 INDIRECT TAXES 9.1 Goods and Se
Page 146 and 147:
on goods manufactured and vice vers
Page 148 and 149:
Annexure I Double Taxation Avoidanc
Page 150 and 151:
Sr. No. Country Dividend [Note 1] T
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
ANNEXURE II: TAX DEDUCTION AT SOURC
Page 158 and 159:
NOTES 142 DOING BUSINESS IN INDIA
Page 160 and 161:
Page 162 and 163:
Page 164:
RSM International Executive Office,
show all

Doing Business in India - RSM Austria

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?