Business Articles

Highlights of India Budget 2020-21

Submitted by Dr. S.P. Sharma on Tue, 02/04/2020 - 4:32pm.

Budget will boost incomes and enhance purchasing power: The Union Budget 2020-21 is a dynamic budget and meeting aspirations of all sections of the society for the improvement of standards of living. The focus of the Budget on the Agriculture sector with pinpointed 16 action points to double farmers’ income by 2022 is highly encouraging. The focus on agriculture will create tremendous demand in the economy, boost manufacturing and services sector activities and rebound the economic growth trajectory of the country. The three themes of aspiration, development, and compassion would become the pillars of strong and sustainable growth of the country.

Aspirational India will facilitate in providing a better standard of living to the people. The focus on economic development is the need of the hour to rejuvenate the growth momentum of the country. The sub-theme of caring and compassion is essential to ensure sustainable growth, going forward. Schemes such as the Dhanlakshmi scheme, Krishi Udaan Scheme will certainly change the sentiments of the agriculture sector from distress to prosperity.

The Dhanya Laxmi Scheme will enhance the participation of women in the agriculture sector. The Krishi Udaan Scheme would help in reducing wastages in the food sector thereby facilitating farmers in enhancing their farm income. Focus on the New Education Policy in the coming times will improve the outreach of education to the needy people. The increase in the allocation on education to 4.7% is in line with the expectations and we expect this to be increased further to 10% in the coming times. The fiscal deficit at 3.5% of GDP in FY2021 is also in line with the expectations as we look forward to the government remaining strict to maintain fiscal consolidation at this level.

The exemption from income tax for people with income of up to Rs 5 lakhs and rationalization of taxes to 10% for people with income between Rs 5 lakh to Rs 7.5 lakh, 15% income tax rate for income between 7.5-10 lakhs, 20% income tax rate for income between 10 -12.5 lakhs and 25% income tax rate for income between 12.5-15 lakhs are encouraging and are expected to boost the demand in the economy. The abolition of DDT, a long-standing demand of the industry, is highly encouraging as it will further make India an attractive destination for investment. Overall, the budget is growth provoking and welfare inducing.

The Hon’ble Union Finance Minister, Smt. Nirmala Sitharaman, today unveiled a series of far-reaching reforms, aimed at energizing the Indian economy through a combination of short-term, medium-term, and long-term measures.

Key highlights of the Union Budget 2020-21

Three prominent themes of the Budget

Aspirational India - better standards of living with access to health, education and better jobs for all sections of the society
Economic Development for the all - “Sabka Saath , Sabka Vikas , Sabka Vishwas”.
Caring Society - both humane and compassionate; Antyodaya as an article of faith.

Three broad themes are held together by:

Corruption free, policy-driven Good Governance.
Clean and sound financial sector.
Ease of Living underlined by the three themes of Union Budget 2020-21.

Sixteen Action Points for Agriculture, Irrigation and Rural Development: Rs. 2.83 lakh crores to be allocated for the 16 Action Points:

Rs. 1.60 lakh crores for Agriculture, Irrigation & allied activities.
Rs. 1.23 lakh crores for Rural Development & Panchayati Raj.

Agriculture credit: Rs. 15 lakh crores targets set for the year 2020-21.

Blue Economy: Rs. 1 lakh crores fisheries’ exports to be achieved by 2024-25.

Kisan Rail: To be set up by Indian Railways through PPP. To build a seamless national cold supply chain for perishables (milk, meat, fish, etc.

Krishi Udaan: To be launched by the Ministry of Civil Aviation

One-Product One-District For better marketing and export in the Horticulture sector. Balanced use of all kinds of fertilizers - traditional organic and innovative fertilizers.

Jaivik Kheti Portal – Online national organic products market to be strengthened.

Wellness, Water and Sanitation

Rs. 69,000 crores allocated for the overall Healthcare sector.
Rs. 6400 crores (out of Rs. 69,000 crores) for PM Jan Arogya Yojana (PMJAY)

Education and Skills

Rs. 99,300 crores for the education sector and Rs. 3000 crores for skill development in 2020-21.
New Education Policy to be announced soon

Industry, Commerce, and Investment

Rs. 27,300 crores allocated for 2020-21 for development and promotion of Industry and Commerce.
Investment Clearance Cell proposed to be set up

Infrastructure

Rs.100 lakh crores to be invested in infrastructure over the next 5 years.
A National Logistics Policy to be released soon
National Skill Development Agency to give a special thrust to infrastructure-focused skill development opportunities.
Infrastructure agencies of the government to involve youth-power in start-ups.
Rs.1.7 lakh crores proposed for transport infrastructure in 2020-21.

New Economy

To take advantage of new technologies
Measures proposed to benefit Start-ups -A digital platform to be promoted to facilitate seamless application and capture of IPRs. Knowledge Translation Clusters to be set up across different technology sectors including new and emerging areas.
Rs.8000 crores proposed over five years for National Mission on Quantum Technologies and Applications

Caring Society

Allocation of Rs. 35,600 crores for nutrition-related programs proposed for the FY2020-21
Rs.28, 600 crores proposed for women-specific programs.

Culture & Tourism

Allocation of Rs. 2500 crores for 2020-21 for tourism promotion.
Rs.3150 crores proposed for the Ministry of Culture for 2020-21.

Environment & Climate Change: Allocation for this purpose to be Rs.4400 crores for 2020-21.

Governance

Clean, corruption-free, policy-driven, good in intent and most importantly trusting in faith.
A sum of Rs. 100 crores allocated to begin the preparations for the G20 presidency to be hosted in India in the year 2022.

Financial Sector

Window for MSME’s debt restructuring by RBI to be extended by one year till March 31, 2021.
An app-based invoice financing loans product for MSMEs to be launched

Financial Market: FPI limit in corporate bonds increased to 15% from 9% of its outstanding stock.

Infrastructure Financing: Rs.103 lakh crores National Infrastructure Pipeline projects earlier announced.

Fiscal Management: Fiscal deficit of 3.8% estimated in RE 2019-20 and 3.5% for BE 2020-21.

Direct Tax:

Taxable Income Slab (Rs.)	Existing tax rates	New tax rates
0-2.5 Lakh	Exempt	Exempt
2.5-5 Lakh	5%	5%
5-7.5 Lakh	20%	10%
7.5-10 Lakh	20%	15%
10-12.5 Lakh	30%	20%
12.5-15 Lakh	30%	25%
Above 15 Lakh	30%	30%

Corporate Tax: Tax rate of 15% extended to new electricity generation companies.

Dividend Distribution Tax (DDT): DDT removed making India a more attractive investment destination.

Cooperatives: Option to cooperative societies to be taxed at the 22% + 10% surcharge and 4% cess with no exemption/deductions.

Tax concession for foreign investments: 100% tax exemption to the interest, dividend and capital gains income on the investment made in infrastructure and priority sectors before 31st March 2024 with a minimum lock-in period of 3 years by the Sovereign Wealth Fund of foreign governments.

Affordable housing: Additional deduction up to Rs. 1.5 lakhs for interest paid on loans taken for an affordable house extended till 31st March 2021.

Customs Duties: Customs duty raised on footwear to 35% from 25% and on furniture goods to 25% from 20. Basic customs duty on imports of newsprint and light-weight coated paper reduced from 10% to 5%.

Unprecedented Milestones and Achievements of Indian Economy

India now the fifth largest economy in the world.
7.4% average growth clocked during 2014-19 with inflation averaging around 4.5%.
271 million people raised out of poverty during 2006-16.
India’s Foreign Direct Investment elevated to US$ 284 billion during 2014-19 from US$ 190 billion during 2009-14.
Central Government debt reduced to 48.7% of GDP (March 2019) from 52.2% (March 2014).
Two cross-cutting developments:
The proliferation of technologies (Analytics, Machine Learning, robotics, Bio-informatics, and Artificial Intelligence).
Highest ever number of people in the productive age group (15-65 years) in India.
GST removed many bottlenecks in the system.

Please contact for any query related to this mail to Ms Bhawna Kakkar, Research Associate at bhawna.kakkar@phdcci.in with a cc to Dr S P Sharma, Chief Economist at spsharma@phdcci.in and Ms Surbhi Sharma, Associate Economist at surbhi@phdcci.in, PHD Chamber of Commerce & Industry.

India-US bilateral relations: Steady strides into the future

Submitted by Dr. S.P. Sharma on Thu, 01/30/2020 - 10:57pm.

Defense Secretary James N. Mattis, left, speaks at a media event with Secretary of State Michael R. Pomepo at the Indian Ministry of External Affairs in New Delhi. Photo By: Lisa Ferdinando

The global economy is in a synchronized slowdown with growth for 2019 projected at 3%. Rising trade and geopolitical tensions have increased uncertainty about the future of the global trading system and international cooperation. However, dynamic economies such as India and the US hold immense potential for refueling global growth to a higher trajectory in the coming times.

India and the US are the two economic powerhouses in the world economy. Both economies occupy a significant position in the world economy with a combined contribution of around 27% in the world GDP in 2018. The two nations have played a crucial role in the promotion of world trade and prosperity. The collective share of the two economies in world merchandise trade stands at around 13% in 2018.

Though the US is the largest economy in the world economic system, India has also emerged as one of the fastest moving emerging economies. The growth rate has decelerated during the last few quarters; however, the fundamentals of the Indian economy are strong and progressing in tandem with the goal to achieve USD 5 trillion economic size by 2024-25. Some of the big-ticket economic reforms announced by the Government including significant cut in corporate tax for domestic firms, amendments in the Insolvency and Bankruptcy Code (IBC), 2016, decision to allow companies to hire workers on fixed-term contracts, recapitalization of Public Sector Banks, rollback of enhanced surcharge on Foreign Portfolio Investors, payment of all pending GST refunds to MSMEs within 30 days, among others are inspiring and would go a long way to foster strong, stable and inclusive growth environment in the country.

Over the years, India-US bilateral relations have developed into a global strategic partnership based on increasing bilateral cooperation and shared democratic values. The two countries view one another as important strategic partners to advance common interests regionally and globally. Both nations have been working together to provide a positive and forward-looking vision for the strategic partnership.

The US remains a significant destination for trade with India and one with which India enjoys a trade surplus. The large and prosperous Indian-American diaspora is a major source of investment, experience, and know-how. The trajectory of the efforts made by the two nations in recent times has been remarkable not just in traditional sectors such as technology and financial services but also in emerging sectors such as aerospace and defense, chemicals, energy, and infrastructure.

India’s trade and economic relations with the USA have seen phenomenal growth in recent years. The volume of merchandise trade between India and the USA has more than doubled from around USD 40 billion in FY2009 to around USD 88 billion in FY2019. India’s exports to the US have increased from around USD 21 billion in FY2009 to around USD 52 billion in FY2019. India’s imports from the US have increased from around USD 19 billion to around USD 36 billion during the same period. Moreover, India-US bilateral trade has registered double-digit growth in recent years and bilateral relations have noted tremendous progress.

In terms of exports, the US has maintained the top position as India’s largest exporting destination during the last decade. During FY2019, the USA’s share in India’s total merchandise exports stands at around 16%. India’s top 10 export items to the USA are Pearls, Precision or Semiprecious Stones, Pharmaceutical Products, Machinery, and Mechanical Appliances, Vehicles, Mineral Fuels, Mineral Oils, among others.

India’s top 10 export items to the USA during FY2019

S.No.	Commodity
1	Natural or cultured pearls, precious or semiprecious stones, pre.metals, clad with pre.metal and articles thereof; imit.jewlry; coin.
2	Pharmaceutical products
3	Nuclear reactors, boilers, machinery, and mechanical appliances; parts thereof.
4	Vehicles other than railway or tramway rolling stock, and parts and accessories thereof.
5	Other made up textile articles; sets; worn clothing and worn textile articles; rags
6	Mineral fuels, mineral oils, and products of their distillation; bituminous substances; mineral waxes.
7	Articles of apparel and clothing accessories, not knitted or crocheted.
8	Fish and crustaceans, mollusks and other aquatic invertebrates.
9	Articles of apparel and clothing accessories, knitted or crocheted.
10	Organic Chemicals

Source: PHD Research Bureau, PHDCCI compiled from Ministry of Commerce and Industry, Government of India

In terms of imports, the US stands 2nd amongst India’s top 10 sources of imports with a share of 6% in FY2019. India’s top 10 import items from the USA are Pearls, Precision or Semiprecious Stones, Mineral Fuels, Mineral Oils, Machinery, and Mechanical appliances, Organic chemicals, Aircraft, spacecraft, among others.

India’s top 10 import items from the USA during FY2019

S.No.	Commodity
1	Natural or cultured pearls, precious or semiprecious stones, pre.metals, clad with pre.metal and articles thereof; imit.jewlry; coin.
2	Mineral fuels, mineral oils, and products of their distillation; bituminous substances; mineral waxes.
3	Nuclear reactors, boilers, machinery, and mechanical appliances; parts thereof.
4	Organic chemicals
5	Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts.
6	Optical, photographic cinematographic measuring, checking precision, medical or surgical inst. And apparatus parts and accessories thereof;
7	Aircraft, spacecraft, and parts thereof.
8	Plastic and articles thereof.
9	Miscellaneous chemical products.
10	Edible fruit and nuts; peel or citrus fruit or melons.

Source: PHD Research Bureau, PHDCCI compiled from Ministry of Commerce and Industry, Government of India

On the investments front, the USA is the 6th largest foreign investor in India with cumulative Foreign Direct Investments (FDI) equity inflows of close to USD 27 billion from April 2000 to June 2019. FDI equity inflows in India from the US stand at USD 3 billion during 2018-19. There are several major US companies operating in India that are ushering in a new era of India-US bilateral partnership while Major Indian companies in the USA include Reliance, HCL Technologies, Infosys, TCS, Wipro, among others.

Celebrating over 70 years of diplomatic cooperation, India and the US have engaged in continuous dialogue through the regular exchange of high-level political visits to provide sustained momentum to bilateral relations. Today, the India-US bilateral cooperation is broad-based and multi-sectoral, covering trade and investments, defense and security, education, science & technology, cybersecurity, high-technology, civil nuclear energy, agriculture, health, among others. People-to-people ties have been one of the defining elements of India-US partnership. Facilitating services including the movement of natural persons in a fair and non-discriminatory manner have contributed significantly to the deepening of ties.

Further, vibrant people-to-people interaction and support across the broader political spectrum in both countries nurture the even-expanding bilateral relations. Recently, the Hon’ble Prime Minister of India, Shri Narendra Modi addressed a massive gathering at the “Howdy Modi” event in Houston, Texas which was also joined by the Hon’ble President of US, Mr. Donald Trump.

Conclusions

Going forward, there is unparalleled potential for the development of bilateral relations between India and the US. Based on strong complementarities and growth prospects, the bilateral trade between the two nations is likely to cross USD 238 billion by 2025. There is a need to outline the contours for a sustainable trade negotiation between the two countries which is broad-based and encompasses wide-ranging potential sectors of development.

The dynamic reforms undertaken by the Government of India for enhancing the ease of doing business (EODB) to boost the sentiments of foreign businesses and the markets will lead to a greater inflow of FDI in the coming years. Efforts should be made to ease the operations of US companies in India and vice versa in the form of setting up of fast track mechanisms and conduct of seminars/ roundtables for resolution of sector-specific issues.

Further, there is immense potential for combining the USA’s capital, innovation and technologies with the rich human resources and economic opportunities available in India's high-growth and emerging market economy. Going ahead, growth prospects for business, trade, and development between the two economies seem to be very promising and sustainable in the coming years. Both nations should continuously engage in discussions related to mitigating bilateral trade issues, enhancing bilateral ties in defense, renewable energy, skill development, and other vital areas, among others.

In a nutshell, both nations have the essential ingredients for becoming a force multiplier in the global business arena and investment landscape. Going ahead, continued momentum by the Governments of both sides will drive and inspire transformative changes in the bilateral relations.

References:

Export-Import Data Bank (Annual), Ministry of Commerce and Industry, Government of India
Ministry of External Affairs, Government of India
World Economic Outlook Database, International Monetary Fund (IMF)
ITC, Trademap Database
Report of the High-level Advisory Group, Ministry of Commerce and Industry, Government of India
Economic Survey of India 2018-19

Author: Dr. S P Sharma, Chief Economist, PHDCCI, New Delhi, India

Repatriation of Money from India by NRIs (Non Resident Indians)

Submitted by CA Shashi Mohan on Mon, 01/06/2020 - 7:57pm.

At some point of time in life a Non Resident Indian (NRI), who is a citizen of India living abroad, or a foreign citizen of Indian origin may want to repatriate the sale proceeds of self-acquired or inherited immovable property (house), maturity amount of an Insurance Policy, any gifted amount, his income deposits in India or any other fund accumulated in India to his country of residence like US, Canada, England, Australia, etc.

In order to repatriate or bring money from India, knowing the exact nature of the funds available, in which account they are available, related documentation and compliance become essential for an NRI to save time and not to run into issues with tax and regulatory authorities.

Repatriation is basically a term used in FEMA (Foreign Exchange Management Act) for transfer or remittance of Indian rupee (INR) from Non-Resident Ordinary (NRO) A/c to an overseas bank account.

So, the first thing you, as an NRI, must know is that you need a Non-Resident External (NRE) or a Non-Resident Ordinary (NRO) or a Foreign Currency Non-Resident (FCNR) bank account for repatriation of funds.

Based on FEMA Guidelines, your bank will require appropriate documents depending on:

The type of bank account you are holding your money in
Nature of transaction from which the money was deposited in that account, and
The amount of money you want to repatriate.

Since the prime source of deposit in an NRE account is from abroad, the funds available therein are freely repatriable i.e. you can transfer the money back to your country of residence without any approval or any specific documentation. Interest or Dividends earned on investments made through foreign funds is also allowed to be deposited in an NRE Account. The amount available in an NRE Account can also be freely transferred to an NRO Account or an FCNR A/c or even in a resident savings account.

NRO account works as a saving account in India wherein NRIs can deposit income earned locally e.g. pension, dividend, rental income, sales proceeds of property or any other financial assets. Any transfer from an NRO to NRE account requires the same documents which are required to repatriate the amount from an NRO account to a foreign bank account.

Income earned in India is likely to be taxed in India and the net amount is what you will repatriate. The following lists the items in which money earned in India can be easily repatriated after paying taxes and submitting a few sets of documents:

Local earnings in India like pension, rental income, interest, profit from the business, dividends, tax refunds, etc.
Interest earned in your NRO Account

Documents required

Application Form for Repatriation: Bank provides
Declaration under FEMA in Form A2: Bank provides
Tax Certificates in Form 15CA/ 15 CB: Local CA will help
- Certificate from a Chartered Accountant (CA) certifies that the applicable taxes have been paid. Most CAs do such certifications and you can contact a CA anywhere in India. In case Taxes applicable to your remittance, CAs will also help in generating tax challans under the appropriate section of Tax Laws and also assist in depositing the tax with Indian Treasurer, before issuing the Form 15CA/15CB.
Copy of PAN Card
- PAN is a must to open a bank account, invest in various instruments, acquire properties in India and also for repatriating the funds out of India. Should you require more information on how to get a PAN in India, please check the link: https://entryindia.com/articles/how-nris-and-foreign-organizations-can-get-pan-card-india

Now in the case when the funds are ‘not’ freely repatriable, or there are conditions imposed by Reserve Bank of India on the transfer frequencies of overall limits, they are called Conditional Repatriable Funds. Listed below are the items under not-freely repatriable and the additional documentation to be arranged to justify the exact transaction:

1) Funds in NRO Account (Other than local earnings shown above)

Documentation required:

Adequate proof of “Source of Funds’ available in NRO Account. For example
- Transfer of funds from overseas or NRE or FCNR Account
- Sale proceeds of a property/Other Financial Assets or accumulated funds from past

2) Funds from the Sale of Financials Assets like Mutual Funds, Shares and Insurance policy

Documentation required:

Mutual Funds:
- ‘Fund House Statement’ which shows the amount credited in NRO Account
  - Note: Earnings from mutual fund investment through an NRO A/c are not repatriable
Shares (Private Placement):
- Unique Identification Number (UIN), Proof of submission of FC-GPR with RBI.
- Unique Identification Number (UIN), Proof of submission of FC-GPR with RBI.
- Proof that the FCTRS documents have been filed by the buyer of Shares at RBI.
Shares (Stock Market- IPO/Secondary Market):
- DEMAT Statement, Contract Note to match with the amount to be repatriated
- Banks may ask for ‘No Objection Certificate- NOC’ from other Bank who holds the Portfolio Investment Scheme Account.
Shares Inherited:
- Probated Will, Letter of Administration or Succession Certificate
- Death Certificate (Notarized ) of the person from whom the shares were inherited.
- DEMAT Statement, Contract Note should match with the amount to be repatriated
Insurance Policy (Surrendered/Matured):
- Insurance Policy Documents
- Proof of maturity amount or surrender value as credited in NRO Account.

3) Funds from the Sale of Property (Ancestral, Gifted or Acquired while being an NRI)

Documentation required:

Copy of Registered Sale Deed of the Property
Proof of receipt of sale proceeds into the NRO Account
Copy of Income Tax Return or Tax Payment Challan or Tax Form issued by the buyer
Declarations to confirm the nature of sale and adherence of permitted limits.
Copy of Probated Will, Letter of Administration or Succession Certificate in case of inherited property
Copy of Registered Gift Deed in case property was acquired as a gift

Note: Amount up to ‘Original Purchase Value’ of a property can be repatriated if the property was purchased using funds from NRE Account. In case the property was purchased from the funds in NRO account, or by a Gift or Inheritance, the repatriation can be done for a max of USD 1 Million per Financial Year. In the case of Residential Property, sale proceeds of max 2 such properties can be repatriated.

4) Amount received as Gift

Documentation required:

Gift Deed (Stamp Duty paid) from Resident as per the local state laws
Proof of transfer from Resident Indian's Bank Account to NRO Account
Declaration by Resident that the ‘Cash Gift’ doesn’t exceed the prescribed limits

Note: Repatriation of Cash Gifts from a Resident is limited to USD 250K per financial year.

Glossary

Authorized Dealers (AD): Respective Banks
CA: Chartered Accountant in practice
DEMAT: Dematerialized Account (Listed Shares)
FEMA: Foreign Exchange Management Act 1999
FCNR (B) A/c: Foreign Currency Non-Resident (Bank) Account is a type of Fixed Deposit Account with money earned overseas.
Form 15 CA/CB: Form prescribed by Indian Income Tax Dept. to be certified by resident CAs
INR: Indian Rupees
NRO A/c: Non-Resident Ordinary Account to manage the income earned in India
NRE A/c: Non-Resident External Account where Foreign Exchange can be transferred from outside India

Disclaimer: Views expresses herein are for the purpose of general understanding and in no manner, it construes to a professional or legal opinion on the subject. Viewers are advised to take professional advice to place a reliance or execute any transaction based on their own facts.

About the Author: Shashi Mohan/FCA has over 20 years of experience in Cross Border Business Strategies and Entry India Services. He has been responsible for Consulting, Legalization and Operational Management of hundreds of overseas brands in India. You can reach Shashi Mohan at shashi.m@excelorindia.com.

Rising Indian alcohol market is making manufacturers and distributors of alcohol thirsty for more business

Submitted by Navin Pathak on Mon, 08/05/2019 - 5:49pm.

It appears that everyone in India is going thirsty for alcohol. With 8.8% of growth (CAGR), Indian alcohol market is just exploding.

3rd largest liquor market globally, the market size of liquor sales in India is over US $35 billion. A little over 600 million people in India are over the legal drinking age in India.

Other than India being the largest consumer of Whiskey in the world, Wine is becoming extremely popular especially among women in India. There is 22.8% growth in the Vodka's demand. The punch here is that with the growing middle class population, these current numbers will pale in coming years. The consumption of alcohol in India will reach 16.8 billion liters by the year 2022.

Most of the sale of alcohol in India is coming from Tier 1 and Tier 2 cities. Growing income leading to rising spending power mixed with access to alcohol at restaurants and liquor stores is the reason for such a remarkable increase in demand.

The share of alcohol imported into India is 0.08% of the Indian market which is negligible primarily because the heavy duties and taxes raises its price. But, nevertheless, there is a sizeable income group which can easily afford the expensive brands.. According to the study conducted by Business Wire, a Berkshire Hathaway Company, "high demand for expensive liquor, the market scenario seems to be very optimistic in the near future".

This growth is enticing business houses and individuals to invest in the distributorship of liquor brands not only from within India but from abroad as well. Entry India LLC, in its effort to connect manufacturers of products with distributors and channel partners in India, is inviting manufacturers of alcoholic beverages to talk about their brands on its website, https://www.EntryIndia.com/projects. Some of the projects in the Alcohol category that Entry India has already listed on its website include:

For any specific questions related to projects in the alcohol category, you can reach Entry India's experts at info@entryindia.com

Tags: liquor distribution in India, alcohol distribution in India, distributors of alcohol, liquor in India, distribution of alcohol and liquor through distributors India

NRIs and OCIs filing taxes in India

Submitted by CA Shashi Mohan on Sat, 06/22/2019 - 10:19am.

First check if you have earned any income in India/from India: e.g.

Sales of Property located in India
Interest on Fixed Deposit, Saving Bank/NRO Account
Sale of Shares, Mutual Funds, Bonds
Amount received against any Services provided in India
Rental Income on Property/Assets located in India

Next for you is to verify if Indian Payer (Your Customer, Tenant, Buyer of Property/Shares/Mutual Funds etc.) have deducted any Tax? There may not have any deduction of tax in India, but your income in India is in excess of INR 250,000, then what will you do? You may like to know the required compliances in Indian and also how to get refund of your taxes as deducted in India.

We have summarized here all such frequently asked questions- FAQ

1)   Do I need to have a Permanent Account Number (PAN) in India?
•   In case your income is more than INR 250,000 in India, you must have a PAN and also you must file an Annual Tax Return in India
•   There can be several other need to have a PAN in India e.g. Investment in Property, Shares, Other Assets.
•   Please click the clink for more detailed information on this topic (https://entryindia.com/articles/how-nris-and-foreign-organizations-can-get-pan-card-india)

2)   Do I need to file Income Tax Return in India?
•   In case you don’t have any income or the income is below INR 250,000, you don’t need to file your Income Tax Return in India.
•   In case your income in India e.g. interest on Savings Account/Fixed Deposits, Rental Income etc. exceeds Rs.2,50,000, then you it’s must for you to file a tax return in India.

3)   Can I get a refund of TDS in India?
•   Unless you file your Tax Return in India, you cannot get refund of any taxes deducted (even on income below INR 250,000)
•   You must file your tax return to get refund of any Taxes that are deducted in India.

4)   Can I check my 26AS (Application of Income Tax in India) to know if any Tax is Deducted at my PAN)?
•   In case you have a PAN and your registered it at Income Tax (www.incometaxindiaefiling.gov.in), you can view/download Form 26AS, which will show the Income Earned and Taxes Deducted, if any
•   All Indian Banks also offer to view/download 26AS, once you are logged in in your Bank Account.
•   Details at 26AS is updated by the deductors of Tax on a Quarterly basis (Apr-June, July-Sep, Oct-Dec, Jan-Mar) and the updation is visible there within 1 month subsequent to the last quarter. As we are in June, the 26AS will be fully updated for the whole Financial year i.e. 2018-19 by now.

5)   I/My Firm overseas have an income from India, wherein Tax @20% or even higher rate got deducted. Can I avoid it?
•   In case of NRI/OCI overseas or a Firm outside India, the Indian Payer will deduct TDS (Tax Withholding) even if the amount does nto exceed INR 250,000.
•   In case you/Your Organisation overseas is not having Indian PAN, please check your India customer must have deducted Tax @20% or even at a higher rate.
•   Unfortunately such tax deducted in India can also not utilized as a Credit in your Home Country, even if there is a ‘Double Taxation Avoidence Agreement- DTAA” with India and your country overseas.
•   In case you are writing any service invoice to a customer in India, you must have Indian PAN in order to avoid Tax Deduction at 20% of higher rates. Getting PAN is One Time exercise.

6)   I/My Firm overseas have earned an income from India, wherein Tax has been Deducted there based on DTAA. Do I need to file a Tax Return in India?
•   You must need to file a Tax Return in India, in case you earned any income from here and specially when any taxes got deducted.
•   In such a case, even if you/Your business is not registered in India, you must need to file your Tax Return in India
•   Indian Tax Authorities send ‘Notices’ at your overseas address asking reason of not filing the Income Tax Return abd may impose penalties as well.

7)   As a NRI/OCI can I take benefits of Section 80C?
•   Investment in permitted instruments under section 80C of Indian Income Tax help in reducing the Taxes and its permitted for NRI/OCI
•   A foreign national or an overseas Firm/Business however cannot avail any benefit under section 80C

8)   Can I get my refund in my overseas Bank Account? What is the timeline to get Refund?
•   Refund on valid income tax returns can be claimed in an overseas bank
•   Generally it takes 6 months to get the refunds. In some cases it ma take little longer time.

9)   Can I file my Indian Income Tax Return my own or Do I need to hire a local tax consultant?
•   Its fully online and anyone with requisite information can file it easily
•   Hiring a local tax consultant will be very helpful in ‘Selection of appropriate Tax Forms, claiming all the eligible benefits, filing it correctly to avoid any future repercussion.

10)   What is the due date? What is I am not able to file on/before Due Date?
In case of Individuals (NRIs/OCIs/Foreign Nationals) Income Tax Return for the Financial Year (April 01, 2018 till March 31, 2019) is required to be filed by July 31, 2019.
•   INR 5,000 Penalty if filed after July 31, 2019 but before December 31, 2019
•   INR 10,000 Penalty if filed after December 31, 2019 but before March 31, 2020
•   No permission to file after March 31, 2020

About the Author
With over 15 years of experience, Shashi Mohan has been instrumental in formulating strategy for Entry India, Business Set-up and Operational Management of over 150 overseas brands from USA, Europe, GCC and South East Asian countries in India. He is a member of our ‘Expert Panel’ at Entry India. Shashi can be reached at shashi.m@excelorindia.com or +91 9818 700 482

Export of Services from India - A Scheme (SEIS) under Foreign Trade Policy of India

Submitted by CA Shashi Mohan on Fri, 02/22/2019 - 9:23pm.

Introduction
Under the latest Foreign Trade Policy (FTP) 2015-2020 a new scheme called Service Exports from India Scheme (SEIS) is introduced to encourage export of services from India.
An incentive of (in the range of 3 to 5%) of the Net Foreign Earning is granted to eligible service providers. Such incentive under the scheme is given in the form of Duty Credit Scrip, which is freely transferable. The scrip so rewarded under this scheme shall be valid for a period of 18 months from the date of its issue.

Eligibility
The SEIS scheme can be availed by all type of Service Providers located in India (i.e. Companies, Partnership, Proprietorship etc.) in India which are exporting services in the form of cross border trade and Consumption abroad. Indian Subsidiaries of Foreign Companies will also be eligible.

Such Service providers need to have Import Export Code (IEC) and must take a membership at Service Export Promotion Council (SEPC). The companies should have minimum Net Free Foreign Exchange Earnings of USD 10,000 (Individual & Sole Proprietorship Firms), USD 15,000 (Others e.g. Companies, LLP) in preceding financial year. SEIS is also available for business units located at different Special Economic Zones (SEZ).

Timeline
Application to claim the benefit must be filed before 12 months from the end of relevant financial year of claim period. The SEIS scheme will remain effective until 31st of March, 2020.

About us
We are a boutique consulting firm, focusing on International Businesses in India. In order to avail maximum benefit under this scheme, Excelor India Consulting undertakes end to end activates:

Assess the eligibility and also the exact category to avail maximum benefit
Review of available information, documents and suggest
Assist in completing the documentation, prepare the application, file online
Follow up with Department to expedite the process of issuance of scrip.
Connecting with buyers of the Scrip, if the same cannot be utilized by the client.

Should you require any further information or any clarification etc, please write to Shashi Mohan at connect@exceorindia.com or call us at +91 9818 700482

Keyphrases: Doing business in India, Export of Services from India,

Union Budget_India_ 2019-20: Highlights

Submitted by CA Shashi Mohan on Fri, 02/01/2019 - 1:54pm.

General

Fiscal deficit targeted @ 3.4 % in 2019-20
Rs. 60,000 crore allocated for MNREGA
ESIC cover limit increased to Rs. 21,000
Mega Pension Scheme for unorganised labour, Rs. 3,000 p.m. after age of 60 Yrs.
Single window clearance for filmmakers
National Centre for ‘AI’ in 9 priority areas and a National Portal

Infrastructure

1 lakh digital villages in next 5 years
Capex for the Railways increased to Rs. 1.59 Lakh Cr.

Agriculture

Rs. 6,000 per head assured annual income support for farmers with <2 hectares of land
2% interest subvention for farmers affected by natural calamities, extra 3% on timely repayment
2% interest subvention for animal husbandry and fisheries through Kisaan Credit Cards

Health

22nd AIIMS in Haryana
Rs. 2 Cr. more LPG connections to rural households under Ujjwala Yojana
Rs. 4,227 crore additional funds for ICDS

Startups

25% of sourcing for government projects from SMEs, of which 3% from women entrepreneurs
GST registered MSMEs to get 2% interest subvention on Rs. 1 crore loan

Direct Tax

Processing of Income Tax returns within 24 hours, to be implemented within two years
Full Rebate for income up to Rs. 5,00,000 after all deductions
Standard Deduction increased to Rs. 50,000 for salaried individuals
No TDS on Bank interest & Post office savings up to Rs. 40,000
TDS threshold for home rent increased from Rs. 1.8 Lakh to Rs. 2.4 Lakh
Capital Gain tax exemption u/s 54 up to Rs. 2 crore available on 2 houses
Tax exemption on notional rent of 2 Self Occupied houses
Gratuity limit extended to Rs. 30 lakhs

Indirect Tax

Indian Customs to fully digitize Exim transactions and leverage RFID for logistic
Customs duty abolished on 36 capital goods

Source: Speech of Finance Minister at Indian Parliament on Feb 01, 2019

Write us at connect@rakchamps.com for further information or any clarification

Start Retail Venture in India with Ease in FDI Norms

Submitted by CA Shashi Mohan on Sun, 11/11/2018 - 6:57am.

Year 2018 being the last year when the existing government would bring its full fledged budget before the upcoming elections in 2019. In continuation of its efforts, the Union Cabinet further simplified the Foreign Direct Investment (FDI) Policy to provide an ease of Doing Business in India. With these amendments, government has removed entry barriers in single brand retail companies concerns regarding local sourcing and FDI in multi-brand retail still need to be looked upon. A brief of the recent decisions are summarized as follows:

1. Single Brand Retail Trading (SBRT)

Existing policy allows 49% FDI under Automatic Route. Beyond 49% and upto 100%, FDI was allowed under Government Approval Route. Following changes have been approved:

Government approval no longer required for FDI in SBRT
Non-resident entity can be the brand owner or it can also operate otherwise
Specific brands can be traded directly by the Brand Owner or through legally tenable agreement executed between any Indian entity & the Brand owner
Incremental sourcing of goods from India for global operations can be set off during initial 5 years
After completion of initial 5 year period, the SBRT entity shall be required to meet the 30% sourcing norms directly towards its India’s operation, on an annual basis.

2. Civil Aviation

Foreign Airlines were allowed to invest upto 49% in Indian companies operating scheduled and non-scheduled air transport services except in Air India. The following changes have been introduced:

Foreign airlines can invest up to 49% under approval route in Air India. Total FDI directly or indirectly not to exceed 49%
Substantial ownership and effective control of Air India shall continue to be vested in Indian National.

3. Other Important Changes

It’s clarified that the real-estate broking service does not amount to real estate business and is therefore, eligible for 100% FDI under automatic route.
It has now been decided that issue of shares against non-cash considerations like pre-incorporation expenses, import of machinery etc. shall be permitted under automatic route in case of sectors under automatic route.
Definition of ‘medical devices’ to be amended as contained in the current FDI Policy. Earlier a reference was sought from Drugs and Cosmetics Act which is not required now.
Wherever required FDI applications would be processed by Department of Industrial Policy & Promotion (DIPP) for Government approval

About Author: With over 15 years of experience, Shashi Mohan has been responsible for the set up and operational management of over 150 overseas brands in India.
Contact: ca.shashi@rakchamps.com or +91 9818700482
Shashi is also a Co-Founder at Excelor India Cons. Pvt. Ltd, www.excelorindia.com

Keywords: Doing Business in India, Investing in India, India Civil Aviation Opportunities

Keyphrases: doing business in india, retail business in India, Investing in India

A SNAPSHOT of What it takes for Foreign Businesses to WIN in India

Submitted by Veer Pathak on Fri, 11/09/2018 - 9:43am.

To gain successful entry to a market in diverse country like India, any business would need to address issues of consumer preferences, locatization, price sensitivity, distribution network, sales and marketing practices, branding, protecting intellectual property, etc.

The best way to pierce through these issues in India is to have an 'Indian' on your side.

Depending on your goals and strategy for India, this 'Indian' could be an agent, representative, distributor, Joint Venture partner or a Strategic Partner.

Business Commitment: Create a solid business plan (supported by appropriate Investments) for next 5 years with goal of minimum 3x growth in India. Keep in mind that company's growth should at least match the sector's growth in India.
Hire local talent with necessary skill sets that are aligned with parent company's leadership team and that has connections in Indian market.
Parent Company's leaders should visit India a couple of times in a year at least
Localize your products/offering, business model and practices according to clients' segments/needs: give-&-take on functionality vs. pricing without compromising quality; sole distributorship vs. on contract with entrepreneurs to keep the cost down and increase market penetration
Find a Reliable local partner and Create startegic business Partnerships: Carefully weigh Wholly Owned Subsidiaries against Joint-Ventures.
Create personal relationships with Government, regulatory authorities and strategic partners.
Invest in R&D to better understand and incorporate what appeals to an Indian buyer.
Business Development team should have the zeal and commitment to hunt for new business opportunities for expansion
Give local talent opportunities to grow in both professional and personal life
Brand Creation: Position your products such that it carries premium value over others. Many companies use known-figures from Indian cinema as brand-ambassadors of their products.

Keypharses: Doing Business in India, Investing in India, finding partner in India, managing team in India, managing business in India, hiring people in India

What are BARE MINIMUM prerequisite for "Setting up a Business in India"??

Submitted by CA Shashi Mohan on Sat, 09/22/2018 - 6:33am.

1. Naming India Business

Get ready with minimum 2 options of Business Name
Name must be unique and defining the ‘main objective clearly’
Get ready with ‘No Objection’ if intend to use the name of Holding Company or any Trade Mark

2. Business Objective

Clear defined in appx. two Paragraphs (10-15 lines)
General & Multi Objective covering different business areas not allowed

3. Number of Shareholders/Owners

Minimum 2 shareholders for a Private Limited
Can be Foreigners, NRIs, OCIs or a Foreign Company (ies)

4. Foreign Ownership

100% Foreign Direct Investment, allowed in majority business segments
Do check if your business required prior approval from reserve bank of India

5. Initial Share Capital

No minimum requirement
Do plan for initial capital based on initial expenses, until the business reaches at Break Even Point (BEP)

6. Physical presence of Foreign owners

Not required for incorporation purpose
Will be required once in a year to present in AGM

7. Local representative

Not required for incorporation purpose
May be a business need to appoint an appropriate person

8. Resident Director

At least 1 Resident Director is a must
Any person who have stayed in India for 180 days in previous calendar year

9. Registered Office

An address in India (not necessarily a commercial place) required
Option will be there to arrange within 30 days of incorporation

10. Business Plan

Not required from legal side
Must prepare a business plan for minimum 3-5 years span (Break Even Point)
Local Human Resource and Working Capital must be planned well

11. Sales Staff

Core team must be hired based on Business Needs
Assistance of local HR Consultants would be helpful to find out right person

12. Administration Staff

Not required in beginning
Can be hired as a connect between Sales Team and Local Consultants

13. Local Consultant

Must be hired for undertaking all Non-Core/Operational Stuff
Attention to be given toward existing experience of similar nature assignments

14. Annual Compliance

Audit Report, Financial Statement etc need to be signed in paper before filing
All compliances required be done online / Local consultants help will be immense

15. Individual Owners Abroad

Personal appearance required in Annual General Meetings (AGM)
Failure would result in an invalid AGM, resulting into heavy penalties

KYC of Directors in All Indian Companies: Mandatory Annual Compliance on/before Aug 31, 2018

Submitted by CA Shashi Mohan on Mon, 07/23/2018 - 12:27pm.

‘Ease of Doing Business’ may be on most priority list of the Indian Government, the administration bodies, however keep inventing new tools to challenge the process. Mandatory Annual KYC of all Directors of all companies may be considered as one of such tool, which needs to be complied with on or before August 31, 2018. Non-compliance will result in de-activation of DIN and consequently such Directors will not be able to function as ‘Director’.

Every private limited company in India requires minimum 2 Directors and out of them at least 1 Directors must be a Resident in India (has stayed min. of 180 days in last Calendar year). As a general practice, where ever 2 Directors are Foreign Nationals or Non- Resident in India, a 3^rd Director, who is ‘Resident in India’ needs to be appointed. In a Public Limited Company, there are minimum 3 Directors.

MCA is validating data of all Directors in all companies identify inactive directors, ghost directors, directors who are in default and also update the ‘KYC’ of all Directors, with latest documents of Identification, address, email IDs, Phone Numbers etc

As every document at MCA need to be digitally signed and uploaded electronically, hence a check need to be carried out about readiness of these documents to meet the compliance due dates and avoid late fee & other consequences.

Who needs to comply?

Every Director (Resident or Non-Resident) in an Indian Company, who has been allotted DIN on or before 31st March, 2018

What’s required to be done?

Indian Nationals Directors will required Digital Signature, which is PAN based. In earlier days DSC used to be prepared even without PAN.
Foreign Nationals/Foreign Residents Directors’ will require that their name as mentioned in Digital Signature application form, is exactly matched with his/her name in DIR-3 KYC form. Getting a PAN is not necessary however Passport is a mandatory document.
Get the corrections done in the DSC as per above requirements, well in advance.
Be ready with Unique Personal Mobile Number and Personal Email ID. Any other persons/other employees/any representatives Mobile Number or Email ID are not allowed.

Can Directors do it themselves?

DIR-3 KYC form also need to be approved by any practicing professional (Chartered Accountant, Company Secretary etc before uploading/filing
DSC of the practicing professional (Chartered Accountant, Company Secretary etc to be arranged.

What about non-compliance?

MCA21 system of Ministry of Corporate Affairs, India will mark such DINs as ‘Deactivated’
Filing of the eForm DIR-3 KYC after August 31, 2018 or in respect of such deactivated DINs shall be allowed only upon payment a specified fee of INR 5,000.

How to get DSC?

DSC is a digital form of signature which are issued by Licensed Certifying Agencies under Ministry of Information Technology, India and it’s stored in a physical USB/Dongal. There are plenty of vendors who are authorised by the Licensed Certifying Authorities to prepare DSC.
A simple form, signed by the applicant is required to be submitted along with ‘Self Attested’ address & Identification proof to the DSC vendor
DSC is prepared for a validity of 1 or 2 years and once it gets expired, it needs to be prepared again. On availability of required documents, it may take 2-4 working days to prepare a new DSC. Hence one needs to keep a track on the expiry date of DSC.
In case of Foreign Nationals/Foreign residents, Notorised/Appostiled documents of Address Proof (bank Certificate, Utility Bills) and Identity Proof (Passport, Country Identification card, Bank Certificate etc) required. In case of several countries getting the required documents Translated in English, Notorisation, Apostilation and making them available in India may take 1-3 weeks time.

Starting July 2018, a short Video Clip of the applicant also needs to be captured & uploaded as a part of process to prepare a DSC.

Source

Please click on the link below for more information

http://www.mca.gov.in/Ministry/pdf/CompaniesAppointmentQualificationRules_06072018.pdf

Glossary

KYC: Know Your Customer

DIN: Director Identification Number

DSC: Digital Signature

PAN: Permanent Account Number

MCA: Ministry of Corporate Affairs

MCA21: e-Governance initiative of MCA

About the Author

With over 15 years of experience, Shashi Mohan has been instrumental in formulating strategy for Entry India, Business Set-up and Operational Management of over 150 overseas brands from USA, Europe, GCC and South East Asian countries in India. He is a member of our ‘Expert Panel’ at Entry India. Shashi can be reached at shashi.m@excelorindia.com or +91 9818 700 482

Mandatory Corporate Compliances that Small Companies in India must Follow

Submitted by CA Shashi Mohan on Thu, 04/19/2018 - 4:08am.

Companies in India having paid up Share Capital less than INR 5 Million (Appx. USD 76,000) and Annual Turnover less than INR 20 Million (Appx. USD 300 Thousand) are categorized as a "Small Company". There are of-course relaxed compliance norms for ‘Small Companies’, however the following activities must be done:

Board Meetings: Conduct at least two meeting of Board of Directors (BOD) in a financial year (April-March). Directors can participate in BOD in person or through video conferencing or other audio visual mode which can be recorded.
Submission of MBP-1 & DIR-8 by directors: Take a letter of disclosure from every Director regarding their ‘interest in the company’ at the first meeting of BOD every year. In case of any change in Interest of director, get forms (MBP-1) in next BOD meeting
Appointment of Auditors: Appoint an auditor in the BOD meeting within 30 days of Incorporation. Such appointment to be regularized in 1st Annual General Meeting (AGM) i.e. the ‘Shareholders Meeting’ for next 5 (Five) years. File the mandatory form ADT-1 within 15 days of AGM.
Appointment of Resident Director: At least one director must be ‘Resident in India’. A person who stays more than 180 days in a calendar year India is regarded as a ‘Resident’
Audit of Accounts: Get the books of Accounts audited by the practicing Chartered Accountant annually. Apparently the Auditor as appointed in 1st BOD meeting will undertake the audit and issue an audit report.
Annual General Meeting (AGM): Hold a general meeting (meeting of Shareholders) at the Registered Office each year as AGM. Check the due dates in advance to conduct the AGM.
Declare Annual Corporate Tax Return: File the corporate tax return after making payment of due income tax. Its also compulsory in case there is any ‘Loss’, in order to carry forward the loss in subsequent years.
File Tax Audit Report: Coordinate with your auditors to prepare and file the Tax Audit Report on the prescribed due dates. It’s a special & separate report required by Income Tax Act in case the Annual Turnover exceeds INR 10 Million (USD 150 Thousand).
File Transfer Pricing Report: A Transfer Pricing Report also to be filed in case there are international transaction with associated parties. Get this report from your auditors and file before the prescribed due dates.
Filling of Financial Statements: File the audited financial statements with Registrar of Companies (ROC) together with Form AOC-4 and the consolidated financial statements, if any, with Form AOC-4 CFS. No need to prepare ‘Cash Flow Statement’
Filing of Annual Return: File an annual return within 60 days from the date on which the AGM is held. The Annual Return can be signed by any director.

We will discuss on applicability of operational compliances e.g. Goods & Services Tax, Employees Provident Fund, Employee State Insurance Act, Professional Tax and other administrative compliances such as Shops & Establishment Act, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act etc in our next article.

About the Author: With over 15 years of experience, Shashi Mohan has been responsible for the set up and operational management of over 150 overseas brands in India. He is one of member of our ‘Expert Panel’ at Entry India. Shashi can be reached at shashi.m@excelorindia.com or +91 9818700482

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