Union Budget 2023-24
Know More
+ More
Category
Download Expand All

  • What will be the treatment of restricted items?

    Please refer to CBIC instruction issued vide F.No. 450/147/2015-Cus.IV dated 26th February 2016 in the matter where it has been clarified that all regulatory checks shall be applied at the into bond stage for a bill of entry for warehousing. Thus all compliances are required before the goods can be utilized in a Section 65 warehouse.

    Was this helpful?

  • How is hazardous cargo to be treated?

    Hazardous cargo has to comply with all extant laws. Operating under Section 65 does not exempt units from compliance to any applicable laws.

    Was this helpful?

  • Can an existing Private warehouse licensee apply for Section 65 permission or do they have to file a new application?

    Please refer to Para 4 of Circular No. 34/2019-Customs dated 1st October 2019 wherein it has been clarified that applicants can seek a license under section 58 and permission to operate under Section 65 synchronously, or request for permission under Section 65, if they already have a warehouse licensed under Section 58.

    Was this helpful?

  • At what stage is PGA clearance required for Bills of Entry relating to warehousing?

    Please refer to CBIC instructions issued vide F.No. 450/147/2015-Cus.IV dated 26th February 2016 in the matter where it has been clarified that all regulatory checks shall be applied at the into bond stage for a bill of entry for warehousing.

    Was this helpful?

  • Regulation 7 of MOOWR 2019 requires that a person who has been granted permission under regulation 5 shall appoint a warehouse keeper who has sufficient experience in warehousing operations and customs procedures to discharge functions on his behalf. Can a Customs broker be appointed as a warehouse keeper?

    Yes, a person who has passed the examination referred to in regulation 6 or regulation 13 of the Customs Broker Regulations, 2018 may be appointed as a warehouse keeper. There is also no bar in appointing any person who has sufficient experience in warehousing operations and customs procedures.

    Was this helpful?

  • What is the procedure for termination of operations in the bonded warehouse and surrender of premises license? Whether payment of duty is required on inventory lying in the premises, particularly, if such goods are proposed to be exported in the near future?

    Since the unit operating under Section 65 is also licensed as a Private Bonded warehouse under Section 58 of the Customs Act, 1962, the procedure for surrender of licence will be as per the regulation 8 of the Private Warehouse Licensing Regulations, 2016. A licensee may therefore, surrender the licence granted to him by making a request in writing to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. On receipt of such request, the licence will be cancelled subject to payment of all dues and clearance of remaining goods in such warehouse. Thus duty on the remaining bonded inventory needs to be paid before surrender of license. In case the bonded goods are desired to be exported, the same needs to be done before surrender of the license.

    Was this helpful?

  • Can existing AEOs continue to get AEO benefits once they switch over to MOOWR from DTA, EOU units?

    Operating under Section 65 has no effect on AEO status. All benefits available as an AEO continue notwithstanding operations under Section 65.

    Was this helpful?

  • Whether at the time of filing the ex-bond Bill of Entry, the importer can claim exemption from customs duties as may be applicable under various Customs Tariff notifications?

    As per Section 15(1)(b) of the Customs Act 1962, the rate of duty in case of goods cleared from a warehouse shall be the rate on the date on which a bill of entry for home consumption is presented. Thus, the importer can claim exemption from customs duties under various Customs Tariff notifications as may be applicable on the date on which a Bill of Entry for home consumption is presented.

    Was this helpful?

  • How would the valuation of the imported inputs be done for the purpose of payment of Customs duty in case of DTA clearances?

    The valuation of imported inputs for the purpose of payment of Customs duty shall be as per Section 14 and Section 15 (1)(b) of the Customs Act 1962.

    Was this helpful?

Category
Download Expand All

  • Is it possible to apply for an Indian visa at the airport?

    No, it is not possible to apply for an India visa at the airport. Eligible citizens traveling for leisure/tourism purposes have the option to apply for an Indian e-visa online, before they depart for India. Once the visa is granted, citizens will have to get biometric information taken at the airport and the visa stamped on the passport on arrival in India.

    For more information, click here

    Was this helpful?

  • Do I need a visa to change flights/airport terminals in India?

    You need to apply for a Transit Visa if you are going to change from the International Terminal to the Domestic Terminal of any Indian Airport or if you are going to stay in an airport hotel even for a few hours. In case you remain within limits of the waiting area reserved for International Transit Passengers of the Indian Airport and are not going to cross Immigration Controls at any time, you do not need a transit visa.

    Please note: the maximum period of stay in India permitted for a Transit Visa is 72 hours/3 days for each entry and is issued only when Transit/Travel is by Air. The Transit Visa is valid for 15 days only.

    For more information, click here

    Was this helpful?

  • Do I need a visa to go to India?

    Yes, all foreigners except for nationals of Nepal, Bhutan and Maldives, need a visa to enter India. With regard to Maldives' nationals, a visa is required if intended stay in India would be longer than 90 days. Nationals of Nepal would need a visa , if they enter India via China. A citizen of Bhutan entering India by land or air does not require passport or visa for entry into India, unless entering India from a place other than Bhutan. In that case, passport is must. However, he/she must have a passport and visa for India if he/she is entering in India from China. For diplomatic and official passport holders, many nationalities are exempted from the Indian Visa.

    The detailed list can be accessed at link.

    Was this helpful?

  • How long will my application for Indian Visa be available online?

    You can print your Visa Application Form within 30 calendar days of completing it online. To access your completed online application, you are required to note your Web Reference number before you exit. An Email with this information will also be sent to your valid email ID, if provided. . If your application is not submitted for processing within this time, the information will be purged out/deleted from the system and you will need to commence enter your details afresh.

    Visa Fees will not be refunded in this situation.

    For more information, click here

     

    Was this helpful?

Category
Download Expand All

  • How many Digital Signature Certificates are valid for Ministry of Corporate Affairs 21 Program?

    The different types of Digital Signature Certificates valid for MCA21 program as stipulated by ministry of corporate affairs are:
    Class 2: Here, the identity of a person is verified against a trusted, pre-verified database.
    Class 3: This is the highest level where the person needs to present himself or herself in front of a Registration Authority (RA) and prove his/ her identity.

    For more information, click here.

    Was this helpful?

  • In case of subscriber to the memorandum is a foreign national residing outside India, his signatures and address etc. shall be witnessed by a Notary Public/Embassy/Consulate offices of Embassies as per the Rule 13 of the Companies (Incorporation) Rules, 2014. In such cases, how the DSC of such a witness be affixed?

    In such cases, SPICe (INC-32) shall be filed with manually signed and duly attested MoA and AoA.
    For further details please access following link.

    Was this helpful?

  • Is there a time period to issue share certificate to the shareholders?

    The company should issue and deliver the share certificates within a period of two months from the date of incorporation of the proposed company.

    Was this helpful?

  • Is a license necessary for carrying out money changing business?

    Yes. No person shall carry on money changing business without the possession of a valid licence issued by the Reserve Bank. Any person found undertaking money changing business without a valid licence is liable to be penalised under the Act ibid.

    For more information, click here.

    Was this helpful?

  • How should Registrar of Companies (RoC) be informed regarding conversion of One Person Company (OPC) into public a or private company?

    The OPC shall inform RoC via Form INC-5 (MCA Form), if the threshold limits  exceeded and is required to be converted into private or public Company.

    For more information, click here.

    Was this helpful?

  • What are the documents involved in formation of wholly owned subsidiary in India?

    a) Proof of Registered office address;
    b) Copy of utility Bills not older than 2 months;
    c) NOC from owner of the premises;
    d) PAN Undertaking by the proposed Directors;
    e) Interest of first director(s) in other entities;
    f) Consent Letter from the Directors in Form DIR-2;
    g) Declaration from the First Directors and Subscribers in Form INC-9;
    h) Board Resolution and Certificate of Incorporation from the foreign company;

    If company’s name is applied with the incorporation application: 
    a) Copy of approval, in case the proposed name contains any word(s) or expression(s) which requires approval from central government; 
    b) Approval of the owner of the trademark or the applicant of such trademark for registration of Trademark, if the proposed name is based on a registered trademark, or is subject matter of an application pending for registration under the Trade Marks Act;

    Note: All the documents to be signed by the Foreign Directors and Foreign subscribers requires notarization and apostillation from the foreign country.

    Was this helpful?

  • What is the tenure of an auditor? What is the tenure of the first auditor?

    An individual can serve as an auditor for a term of five consecutive years. A firm can serve two terms of five consecutive years each, i.e., a total of 10 years as an auditor.

    Every company shall, at the first annual general meeting, appoint an individual or a firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting.

    For more information, click here.

    Was this helpful?

  • Whether eMOA (INC-33) and eAOA (INC-34) is to be filed with SPICe (INC-32) in respect of non-individual first subscribers who are based outside India?

    No. In respect of non-individual first subscribers who are based outside India, pdf attachments of apostillised MOA and AOA shall be attached with SPICe (INC-32).
    For further details please access following link.

    Was this helpful?

  • To which authority the application for establishing Branch office/ Liaison Office/ Project office is required to be submitted?

    Generally, the application for establishing BO / LO/ PO in India may be submitted by the non-resident entity in the prescribed form to Authorised Dealer Bank (AD Bank) identified by the applicant along with the prescribed documents.

    Was this helpful?

  • How is control defined for companies?

    Control includes the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner.

    For more information, click here.

    Was this helpful?

Category
Download Expand All

  • Can a foreign investor invest in shares issued by an unlisted company in India?

    Yes. As per the regulations/ guidelines issued by the Reserve Bank of India/ Government of India, investments can be made in shares issued by an unlisted Indian company subject to compliance with FEMA provisions such as pricing, reporting, etc.

    For more information, click here.

    Was this helpful?

  • Can foreigners establish a partnership/proprietorship concern in India?

    No, only NRIs are allowed to set up partnership/ proprietorship concerns in India on non-repatriation basis.

    For more information, click here.

    Was this helpful?

  • What is fungibility window?

    Fungibility window is the time period specified by the issuer company during which IDR holders can apply for conversion/ redemption of IDRs into underlying equity shares.

    For more information, click here

    Was this helpful?

  • Are the investments and profits earned in India repatriable?

    All foreign investments are repatriable (net of applicable taxes) except in cases where the investment is made or held on non-repatriation basis.

    For more information, click here.

    Was this helpful?

  • What is Indirect Foreign Investment?

    If the investor company is not owned or controlled by resident Indian citizens, or is owned or controlled by persons resident outside India, then such investment is termed as “Indirect Foreign Investment” for the investee company.

    For more information, click here.

    Was this helpful?

  • What are the various reporting formalities for foreign investments?

    The reporting requirements for foreign investments under Form Single Master Form (SMF) includes, inter alia:

    • Form FC-GPR: Issuance of capital instruments
    • Form FC-TRS: Transfer of capital instruments
    • Form LLP – I: Receipt of consideration by Limited Liability Partnership (LLP) for capital contribution and profit shares
    • Form LLP – 2: Disinvestment or transfer of capital contribution and profit shares in an LLP
    • Form CN: Issue or transfer of convertible notes
    • Form ESOP: Issue of employee stock options, sweat equity shares to a person resident outside India
    • Form InVi: Reporting foreign inflows in an investment vehicle
    • Form DI: Reporting of downstream investment
    • Form DRR: Issue or transfer of depository receipts
    • The detailed reporting requirements are laid down in the Master Direction on Reporting under Foreign Exchange Management Act, 1998.

    For more information, click here 

    Was this helpful?

  • What are the permitted activities if I want to set up a Branch office in India?

    Companies incorporated outside India and engaged in manufacturing or trading activities are allowed to set up Branch Offices in India with specific approval of the Reserve Bank. Such Branch Offices are permitted to represent the parent / group companies and undertake the following activities in India:

    i. Export / Import of goods

    ii. Rendering professional or consultancy services

    iii. Carrying out research work, in areas in which the parent company is engaged

    iv. Promoting technical or financial collaborations between Indian companies and parent or overseas group company

    v. Representing the parent company in India and acting as buying / selling agent in India

    vi. Rendering services in information technology and development of software in India

    vii. Rendering technical support to the products supplied by parent/group companies

    viii. Foreign airline / shipping company.

    Profits earned by the Branch Offices are freely remittable from India, subject to payment of applicable taxes.

    For more information, click here

    Was this helpful?

  • How is IDR holder informed about the duration of fungibility window?

    IDR holders can look for such announcements made by the company in leading English and Hindi national daily newspapers with wide circulation as well as the websites of the stock exchanges.

    For more information, click here

    Was this helpful?

  • What is to be done after the investment is made under the Automatic Route or with Government approval?

    On receipt of the foreign direct investment (FDI), the Indian company receiving the investment for issuing shares/ debentures should report the details to the Regional Office concerned of the Reserve Bank of India (RBI) within 30 days from the date of receipt in the Advance Reporting Form in Section 1, Annexure 6

    Steps for reporting of investment varies for shares, depository receipts and other instruments.

    To know more about the detailed process of reporting, refer to section 2, Annexure 6 of the Consolidated FDI Policy, 2017.

    For more information, click here

    Was this helpful?

  • How is India-Bangladesh trade relationship?

    India and Bangladesh signed their first trade agreement in 1972 and have engaged in multiple trade arrangements whenever the two countries recognise any opportunity in terms of comparative advantage. India has 'revealed comparative advantages' in many products that Bangladesh needs. Bangladesh has been provided duty free quota free access by India on all tariff lines except tobacco and alcohol under SAFTA. India’s exports to Bangladesh for the year 2017-18 (April to March) stood at US $ 8.46 billion and imports from Bangladesh during the financial year 2017-18 stood at US $ 0.68 billion.

     

    Was this helpful?

Category
Download Expand All

  • Who are the eligible borrowers under ECB framework?

    All entities except a Limited Liability Partnership are allowed to obtain ECB as per the prescribed guidelines.

    Was this helpful?

  • What is the earliest when an External Commercial Borrowing can be matured?

    Minimum average maturity period (MAMP) is three years for all external commercial borrowings (ECB). However, for ECB raised from foreign equity holder and utilised for specific purposes, as detailed in sub-section 2.1 of the Annex, the MAMP is five years. Similarly, for ECB up to INR 3.5 b per financial year raised by manufacturing sector, which has been given a special dispensation, the MAMP is one year.

    For more information, click here

    Was this helpful?

  • What is the procedure of raising ECB?

    Entities looking to raise ECB may approach the RBI with an ECB application form in prescribed format for examination through their AD Category I bank. Cases shall be considered keeping in view the overall guidelines, macroeconomic situation and merits of the specific proposals.

    ECB proposals received by the RBI above certain threshold limit (re-fixed from time to time) would be placed before the Empowered Committee set up by the Reserve Bank. The Empowered Committee will have external as well as internal members and the Reserve Bank will take the decision based on the recommendation of the Empowered Committee.

    Entities desirous to raise ECB under the automatic route may approach an AD Category I bank with their proposal along with duly filled Form 83. Formats of ECB Form and Form 83 are available at Annex I and II respectively of Part V of the Master Directions Reporting under Foreign Exchange Management Act, 1999.

    For more information, click here

    Was this helpful?

  • What are the reporting requirements under ECB?

    Borrowings under ECB Framework are subject to following reporting requirements apart from any other specific reporting required under the framework:

    • Loan Registration Number (LRN): Any draw-down in respect of an ECB should happen only after obtaining the LRN from the RBI. To obtain the LRN, borrowers are required to submit duly certified Form ECB, which also contains terms and conditions of the ECB, in duplicate to the bank
    • Changes in terms and conditions of ECB: Changes in ECB parameters in consonance with the ECB norms, including reduced repayment by mutual agreement between the lender and borrower, should be reported to the DSIM through revised Form ECB at the earliest, in any case not later than seven days from the changes effected. While submitting revised Form ECB the changes should be specifically mentioned in the communication 
    • Monthly reporting of actual transactions: The borrowers are required to report actual ECB transactions through Form ECB 2 Return (Annex II) through the AD Bank on monthly basis so as to reach DSIM within seven working days from the close of month to which it relates. Changes, if any, in ECB parameters should also be incorporated in Form ECB 2 Return

    Was this helpful?

  • Are the shipping/airline companies allowed to raise External Commercial Borrowing for import of second hand vessels?

    Yes, shipping and airline companies can raise external commercial borrowings (ECB) for import of vessels and aircrafts, however, only under Track I of the ECB framework.

    For more information, click here

    Was this helpful?

  • Who are eligible lenders under ECB framework?

    Lender for ECB purposes should be:

    • A resident of Financial Action Task Force (FATF) [or International organization of Securities commissions (IOSC) compliant country
    • Multilateral and regional financial institution where India is a member country
    • Individuals, if they are foreign equity holders or for subscription to bond/debentures listed abroad
    • Foreign branches / subsidiaries of Indian Banks – only for FCY ECB except FCCBs and FCEBs

    Was this helpful?

  • What does External Commercial Borrowing (ECB) denote?

    ECBs are commercial loans raised by eligible resident entities from recognised non-resident entities conforming to parameters such as minimum maturity, permitted and non-permitted end-uses, maximum all-in-cost ceiling, etc.

    For more information, click here.

    Was this helpful?

  • What is the meaning of “all-in-cost”?

    All-in-cost shall include rate of interest, other fees, expenses, charges, guarantee fees, ECA charges, whether paid in foreign currency or INR but will not include commitment fees and withholding tax payable in INR. In the case of fixed rate loans, the swap cost plus spread should not be more than the floating rate plus the applicable spread

    Was this helpful?

  • What are the hedging requirements under External commercial borrowing?

    Companies in infrastructure sector, Non-Banking Financial Companies -Infrastructure Finance Companies (NBFC-IFCs), NBFCs-Asset Finance Companies (NBFC-AFCs), Holding Companies and Core Investment Companies (CICs) are eligible borrowers. These companies are required to:

    1. Have a board-approved risk management policy and will require to keep their ECB exposure hedged 100 per cent at all times in case the average maturity is less than 5 years.
    2. Further, the designated AD Category-I bank shall verify that 100 per cent hedging requirement is complied with during the currency of ECB and report the position to RBI through ECB 2 returns.
    3. Lastly, the entities raising ECB under the provisions of tracks I and II are required to follow the guidelines for hedging issued, if any, by the concerned sectoral or prudential regulator in respect of foreign currency exposure.

    For more information, click here. 

    Was this helpful?

Category
Download Expand All

  • What documents to be submitted by a person resident in India for transfer of shares to a person resident outside India by way of gift?

    Documents to be submitted by a resident person for transfer of shares to a person resident outside India by way of gift:

    i) Name and address of the transferor (donor) and the transferee (donee).

    ii) Relationship between the transferor and the transferee.

    iii) Reasons for making the gift.

    iv) In case of Government dated securities and treasury bills and bonds, a certificate issued by a CA on market value of such security.

    v) In case of units of domestic mutual funds and units of Money Market Mutual Funds, a certificate from the issuer on the Net Asset Value of such security.

    vi) In case of shares and convertible debentures, a certificate from a Chartered Accountant on the value of such securities according to the guidelines issued by Securities & Exchange Board of India or as per any internationally accepted pricing methodology on arm’s length basis for listed companies and unlisted companies, respectively.

    vii) Certificate from the concerned Indian company certifying that the proposed transfer of shares/convertible debentures by way of gift from resident to the non-resident shall not breach the applicable sectoral cap/ FDI limit in the company and that the proposed number of shares/convertible debentures to be held by the non-resident transferee shall not exceed 5 per cent of the paid up capital of the company.

    viii) An undertaking from resident transferor that value of security to be transferred together with any security already transferred by transferor, as gift, to any person residing outside India does not exceed the rupee equivalent of $ 50,000during a financial year*.

    ix) A declaration from donee accepting partly paid shares or warrants that donee is aware of the liability as regards calls in arrear and consequences thereof.

    Please refer to 'section 2' of Annexure-3 Consolidated FDI Policy at link for more information.

    *RBI’s A.P. (DIR Series) Circular No. 14 Dated 15.09.2011

    Was this helpful?

  • What is a ‘Foreign Institutional Investor’ ?

    An entity established or incorporated outside India which proposes to make investment in India and which is registered as a FII in accordance with the Securities and Exchange Board of India (SEBI) (Foreign Institutional Investor) Regulations 1995.

    For more information, click here.

    Was this helpful?

  • Is transfer of shares to non-residents/ NRIs permitted as per the FDI policy?

    General permission is granted to non-residents/ NRIs for acquisition of shares by way of transfer in the following situations:

    1) Transfer of shares in the investee company from one non-resident to another non-resident in sectors which are under automatic route. Government approval is required for transfer of stake from one non-resident to another non-resident in sectors which are under Government approval route

    2) NRIs may transfer by way of sale or gift shares or convertible debentures to another NRI

    3) Person resident outside India can transfer any security to a person resident in India by way of gift

    4) A person resident outside India can sell shares and convertible debentures of an Indian company on a recognized Stock Exchange in India through a registered stock broker or a registered merchant banker

    5) A person resident in India can transfer by way of sale, shares/ convertible debentures (including transfer of subscriber’s shares), of an Indian company under private arrangement to a person resident outside India, subject to the FDI Policy guidelines

    6) Transfer of shares/convertible debentures, by way of sale under private arrangement by a person resident outside India to a person resident in India, subject to the FDI guidelines

    7) The above mentioned situations also covers transfer by a resident to a non-resident of shares/convertible debentures of an Indian company, engaged in an activity earlier covered under the Government Route but now falling under Automatic Route, as well as transfer of shares by a non-resident to an Indian company under buyback and/or capital reduction scheme of the company.

    Please refer to section 4 of Annexure-3 of Consolidated FDI Policy at link for more information.

    Was this helpful?

  • What are the project funding options available in India?

    Projects in India can be financed through sources such as Bank loans, Private equity, Public subscriptions, Debt instruments and Government bonds.
    If you are a start-up or a SME, then you can register on Startup India. You can also register on India Investment Grid, which is our repository of investible projects.
     

    Was this helpful?

  • What is Sponsored American Depository System/ Global Depository System issue?

    An Indian company can sponsor an issue of ADR/ GDR. Under this mechanism, the company offers its resident shareholders a choice to submit their shares back to the company so that on the basis of such shares, ADRs/ GDRs can be issued abroad. The proceeds of the ADR/ GDR issue are remitted back to India and distributed among the resident investors who had offered their Rupee denominated shares for conversion.

    For more information, click here.

     

    Was this helpful?

  • Are NRIs(Non-Resident Indians) allowed to invest in sole proprietorship in India?

    NRI or a person of Indian origin (PIO) can invest in sole proprietorship / partnership firm on non-repatriable basis, except those in agricultural or plantation or real estate business, or in the print media sector. NRIs/PIO may seek prior permission of Reserve Bank for investment in sole proprietorship concerns/partnership firms with repatriation option.

    For more information, click here.

    Was this helpful?

  • Are Non-Resident Indians allowed to make investments in India?

    An NRI can invest in capital of Indian companies on non-repatriation basis provided:

    • The amount is invested by inward remittance or out of NRE/FCNR(B)/NRO account maintained with Authorized Dealers/Authorized banks. 
    • The entity is not engaged in agricultural/plantation or real estate business or construction of farmhouses or dealing in Transfer of Development Rights.
    • Amount invested not eligible for repatriation outside India. For investments on a repatriable basis, provisions of FDI policy apply.

    For more information, click here.

    Was this helpful?

  • What documents are required for sale of shares by a person resident in India?

    The following documents are required for sale of shares by a person resident in India:

    (i) Consent letter duly signed by the seller and buyer or their duly appointed agent indicating the details of transfer i.e. number of shares to be transferred, the name of the investee company whose shares are being transferred and the price at which shares are being transferred. In case there is no formal Sale Agreement, letters exchanged to this effect may be kept on record.

    (ii) Where consent letter has been signed by their duly appointed agent, the Power of Attorney Document executed by the seller/buyer authorizing the agent to purchase/sell shares.

    (iii) The shareholding pattern of the investee company after the acquisition of shares by a person resident outside India showing equity participation of residents and non-residents category-wise (i.e. NRIs/OCBs/foreign nationals/incorporated non-resident entities/FIIs, FPIs) and its percentage of paid up capital obtained by the seller/buyer or their duly appointed agent from the company, where the sectoral cap/limits have been prescribed.

    (iv) Certificate indicating fair value of shares from a Chartered Accountant.

    (v) Copy of Broker’s note if sale is made on Stock Exchange.

    (vi) Undertaking from the buyer to the effect that he is eligible to acquire shares/convertible debentures under FDI policy and the existing sectoral limits and Pricing Guidelines have been complied with.

    (vii) Undertaking from the FII/sub account to the effect that the individual FII/ Sub account ceiling as prescribed by SEBI has not been breached, till it gets registered as FPI.

    Please refer to subsection 5.1 of 'section 1' of Annexure-3 of Consolidated FDI Policy at link for more information.

    Was this helpful?

  • What are the regulations on Remittance on winding up/liquidation of Companies?

    AD Category-I banks have been allowed to remit winding up proceeds of companies in India, which are under liquidation, subject to payment of applicable taxes. Liquidation may be subject to any order issued by the court winding up the company or the official liquidator in case of voluntary winding up under the provisions of the Companies Act 2013 as applicable. AD Category-I banks shall allow the remittance provided the applicant submits:

    a) No objection or Tax clearance certificate from Income Tax Department for the remittance.

    b) Auditor's certificate confirming that all liabilities in India have been either fully paid or adequately provided for.

    c) Auditor's certificate to the effect that the winding up is in accordance with the provisions of the Companies Act, as applicable.

    d) In case of winding up otherwise than by a court, an auditor's certificate to the effect that there are no legal proceeding spending in any court in India against the applicant or the company under liquidation and there is no legal impediment in permitting the remittance.

    Please refer to subsection 1.1(iii) of Annexure-6 of Consolidated FDI Policy at link for more information.

    Was this helpful?

  • Where can complaints against listed company be registered?

    SEBI Complaints Redress System (SCORES) is an online platform designed to help investors lodge their complaints online with SEBI pertaining to securities market  against listed companies and SEBI registered intermediaries. All complaints received by SEBI against listed companies and SEBI registered intermediaries are dealt through SCORES.

    For more information, click here

    Was this helpful?

Category
Download Expand All

  • Why is it important to file the application for registration of design at the earliest possible?

    First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.

    For more information, click here.

    Was this helpful?

  • What is piracy of a design?

    If anyone contravenes the copyright in a design, s/he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same.

    For more information, click here.

    Was this helpful?

  • Is it possible to transfer the right of ownership under the Designs Act, 2000?

    Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law subject to certain restrictive conditions. An application in form-10, with prescribed fees in respect of one design and appropriate fees for each additional design, for registration of the transfer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. An original/notarized copy of the instrument to be registered is required to be enclosed with the application.

    For more information, click here.

    Was this helpful?

  • Is it mandatory to make the article by industrial process or means before making an application for registration of design?

    No, design means a conception or suggestion or idea of a shape or pattern which can be applied to an article or capable to be applied by industrial process or means. Example: a new shape which can be applied to a pen thus capable of producing a new appearance of a pen on the visual appearance. It is not mandatory to produce the article first and then make an application.

    For more information, click here. 

    Was this helpful?

  • How one can ascertain whether registration subsists in respect of any design?

    For ascertaining whether registration subsists in respect of a design, a request should be made to the Patent Office, Kolkata. If the Design number is known, the request should be made on Form 6, otherwise on Form 7, together with prescribed fees. Each such request should be confined to information in respect of a single design.

    For more information, click here.

    Was this helpful?

  • What is the most appropriate time for filing the registration of designs?

    First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.

    For more information, click here.

    Was this helpful?

  • Is there a possibility of cancelling the registration of a design?

    The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in Form 8 with prescribed fee to the Controller of Designs on the following grounds:

    • That the design has been previously registered in India.

    • That it has been published in India or elsewhere prior to date of registration.

    • The design is not new or original.

    • Design is not registerable.

    • It is not a design under Clause (d) of Section 2

    For more information, click here.

    Was this helpful?

  • Is it possible to re-register a design for which Copyright has expired?

    No. A registered design, the copyright of which has expired, cannot be re-registered.

    For more information, click here.

    Was this helpful?

  • What are the important criteria for determining a "set of article"?

    If a group of articles meets the following requirements then that group of articles may be regarded as a set of articles under the Designs Act, 2000:

    • Ordinarily on sale or intended to be used together

    • All having common design even though articles are different (same class)

    • Same general character

    For more information, click here.

    Was this helpful?

  • What is design registration in India?

    Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Design Registration is a means to ensure that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

    For more information, click here.

    Was this helpful?

Category
Download Expand All

  • Does the Patent Office help to select a patent attorney or agent to make patent search or to prepare and prosecute patent application? (Under The Patents Act 1970)

    Yes, Patent Office is publishing the list of facilitators who are willing to play a role in filing patent applications for start-ups and act as a patent agent on their behalf. Their fees for this purpose have also been notified. The list of facilitators is available in IPO website www.ipindia.nic.in and has also been uploaded in the Start-up Hub in DPIIT website.

    For further details please access following link.

    Was this helpful?

  • How a patent specification is prepared?

    A patent specification can be prepared by the applicant himself or his registered and authorized agent. The patent specification generally comprises of the title of the invention indicating its technical field, prior art, draw backs in the prior art, a concise but sufficient description of the invention and its usefulness, drawings (if any) and details of best method of its working.

    For more information, click here.

    Was this helpful?

  • What happens when applicant is not able to meet the requirement within the prescribed time for a patent?

    If the applicant does not file a reply within 6 months or does not take an extension of 3 months, the application is deemed to have been abandoned.

    For more information, click here.

    Was this helpful?

  • What are obligations of the patentee after grant of patent?

    After grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed in the schedule I. for first two years, there is no renewal fee.

    For more information, click here.

    Was this helpful?

  • What does provisional specification of patents include?

    Indian Patent Law follows first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the advantage to the inventor since it helps in establishing a priority date of the invention.

    For more information, click here.

    Was this helpful?

  • Does the Patent Office keep information of the invention secret?

    Yes. All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website.

    For more information, click here.

    Was this helpful?

  • Is patent application once filed examined automatically?

     A patent application is not examined automatically after its filing. The examination is done only after receipt of the request of examination in Form 18 either from the applicant or from third party or Form 18A for expedited examination (under conditions as prescribed in the Rules).

    For more information, click here.

    Was this helpful?

  • Does Indian Patent given protection worldwide? (Under The Patents Act 1970)

    Patent protection is territorial right and therefore it is effective only within the territory of India. However, filling an application in India enables the applicant to file a corresponding application for same invention in conventional countries, within or before expiry of twelve months from filling data in India. Therefore, separate patent should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

    For further details please access following link.

    Was this helpful?

  • How can one find out that an invention is already patented? (Under The Patents Act 1970)

    The person concerned can perform a preliminary search on Patent Office website in the Indian Patent database of granted patent or Patent Office journal published every week. The public can conduct search free of charge on the website of Patent Office. The person concerned can also make a request for such information under section 153 of the Act.

    For further details please access following link.

    Was this helpful?

  • What are the criteria of patentability?

    An invention can become patentable subject matter must meet the following criteria:
     1) It should be novel.
     2) It should have inventive step or it must be non-obvious.
     3) It should be capable of industrial application.
     4) It should not fall within any of the provisions of sections 3 and 4 of the Patents Act 1970

    For more information, click here.

    Was this helpful?

Category
Download Expand All

  • Is the employer obliged to employ people sponsored by employment exchanges under the act?

    No, the employer is not obliged to select or employ a person sponsored by the Employment Exchanges Act, 1959.

    For more information, click here.

     

    Was this helpful?

  • Earlier I employed 22 Labourers, now I have reduced to 18 workmen, whether my establishment has to continue with the Labour license or surrender under the Contract Labour (R&A) Act, 1970?

    Yes, your establishment will continue to be covered under the provisions of the Contract Labour (R&A) Act, 1970 for a period of one year from the day on which 20 or more workmen were lastly employed.


    For further details please access following link.

    Was this helpful?

  • What are the registers to be maintained under Act?

    Register showing the name of date of birth of every child so employed or permitted to work, hours and periods of work of any such child and intervals of rest, the nature of work of any such child.

    For more information, click here.

    Was this helpful?

  • Can an employee give up his rights under the minimum wages act?

    Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void. (Section 25).

    For more information, click here.

     

    Was this helpful?

  • What is the procedure for the issuance of a duplicate license under the Contract Labour (R&A) Act, 1970?

    A fee of  US$ 0.075 to be remitted along with a request under the Contract Labour (R&A) Act, 1970.


    For further details please access following link.

    Was this helpful?

  • What are the notices to be displayed under the Act and list of actions that are considered as misconduct at workplace?

    An abstract of  Section 3 and 14 of the Act in Local Language and English.
    List of actions are:

    •Willful insubordination or disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior.
    •Going on illegal strike or abetting, inciting, instigating or acting in furtherance thereof;
    •Willful slowing down in performance of work, or abetment or instigation thereof;
    •Theft, fraud or dishonesty in connection with the employers’ business or property or the theft or property of another workman within the premises of the establishment;
    •Taking or giving bribes or any illegal gratification;
    •Habitual absence without leave, or absence without leave for more than ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation;
    •Habitual breach of any Standing Order or any law applicable to the establishment or ant rules made there under;
    •Collection without the permission of the Manager of any money within the premises of the establishment except as sanctioned by any law for the time being in force;
    •Engaging in trade within the premises of the establishment;
    •drunkenness, riotous, disorderly or indecent behavior on the premises of the establishment;
    •Commission of any act subversive of discipline or good behavior on the premises of the establishment;
    •Habitual neglect of work, or gross or habitual negligence;
    •Habitual breach of ant rules or instruction for the maintenance and running of any department, or the maintenance of the cleanliness of any portion of the establishment;
    •Habitual commission of any act or commission for which a fine may be imposed under the Payment of Wages Act, 1936.
    •Canvassing for union membership, or the collection of union dues within the premises of the establishment except in accordance with any law or with the permission of the Manager
    •Willful damage to work in process or to any property of the establishment;
    •holding meeting inside the premises of the establishment without the previous permission of the Manager or except in accordance with the provisions of any la for the time being in force;
    •Disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work;
    •Gambling within the premises of the establishment;
    •Smoking or spitting on the premises of the establishment where it is prohibited by the employer;
    •Failure to observe safety instructions notified b the employer or interference with any safety device or equipment installed within the establishment;
    •Distributing or exhibiting within the premises of the establishment hand-bills, pamphlets, posters, and such other things or causing to be displayed  by means of signs or writing or other visible representation on any matter without previous sanction of the Manager;
    •Refusal to accept a charge-sheet, order or other communication served I accordance with these Standing Orders;
    •Unauthorised possession of any lethal weapon in the establishment.

    Was this helpful?

  • Can employees go to a civil court for recovering minimum wages payable under the minimum wages act?

    The Act prohibits Civil Courts from entertaining any suit for recovery of minimum wages payable under the Minimum Wages Act, 1948 (Section 24).

    For more information, click here.

     

    Was this helpful?

  • Is a subcontractor supposed to take License under the Contract Labour (R&A) Act, 1970?

    If principal employer endorses the name of sub-contractor in the agreement, after having Form V from principal employer, a subcontractor is requested to take license under the Contract Labour (R&A) Act, 1970.

    For further details please access following link.

    Was this helpful?

  • After what age can a person start working in India?

    In India, child below 14 years cannot be employed. However, there are following exceptions which includes non-hazardous family enterprises and child working as an artist in an audio-visual entertainment industry.

    Additionally, a child above 14 years but below 15 years of age can be employed only for 4.5 hours a day and cannot work during the night.

    For more information, click here.

    Was this helpful?

  • Is an employer required to maintain any register and record under the Minimum Wages Act, 1948?

    Every employer must maintain a muster-roll-cum-wage register and also a bound inspection book. (Rule 27 & 28) of the Minimum Wages Act, 1948.

    For more information, click here.

    Was this helpful?

Category
Download Expand All

  • When does it become mandatory to notify regarding a combination to CCI?

    The Competition Act requires mandatory notification of all combinations within stipulated timelines. Combinations must be notified to CCI within 30 days of a trigger event

    For more information, click here.

    Was this helpful?

  • What is the way in which maximum permissible non-public shareholding has been derived?

    Maximum permissible non-public shareholding is derived based on the minimum public shareholding requirement under the Securities Contracts (Regulations) Rules 1957 (SCRR). Rule 19A of SCRR requires all listed companies (other than public sector companies) to maintain public shareholding of at least 25% of share capital of the company. Thus, by deduction, the maximum number of shares which can be held by promoters i.e. maximum permissible non-public shareholding in a listed company (other than public sector companies) is 75% of the share capital.

    For more information, click here.

    Was this helpful?

  • What does the term combination mean under mergers and acquisitions?

    Any Merger or Amalgamation that meets the below threshold limits is considered as combination:

    1. Enterprise Level
      1. India : Assets > Rs 2,000 cr. Or Turnover > Rs. 6,000 Cr
      2. Worldwide (India component) : Assets > $ 1Bn with Rs. 1000 cr in India Or Turnover > $ 3Bn with Rs. 3,000 Cr in India
    2. Group Level
      1. India: Assets > Rs 8,000 cr. Or Turnover > Rs. 24,000 Cr
      2. Worldwide (India Component): Assets > $ 4Bn with Rs. 1000 cr in India Or Turnover > $ 12Bn with Rs. 3,000 Cr in India

                For more information, click here.  

    Was this helpful?

Category
Download Expand All

  • Who will collect the stamp duty in case of private placements/ e-IPOs through Stock Exchange platform?

    As per section 9A(1)(c), stamp duty shall be collected by the Depository on any creation or change in the records of a Depository, pursuant to issue of securities. This should be followed even in case of private placements/ e-IPOs through stock exchange platform.

    For more information on Indian Stamp Act, 1899, click here. For more details about the amendments, refer here.

    Was this helpful?

  • What is tax audit?

    Section 44AB gives the provisions relating to the class of taxpayers who are required to get their accounts audited from a chartered accountant. The audit under section 44AB aims to ascertain the compliance of various provisions of the Income Tax Law and the fulfilment of other requirements of the Income Tax Law. The audit conducted by the chartered accountant of the accounts of the taxpayer in pursuance of the requirement of section 44AB is called tax audit.
    The chartered accountant conducting the tax audit is required to give his findings, observation, etc., in the form of audit report. The report of tax audit is to be given by the chartered accountant in Form Nos. 3CA/3CB and 3CD. 
    As per section 44AB, following persons are compulsorily required to get their accounts audited :
    1) A person carrying on business, if his total sales, turnover or gross receipts (as the case may be) in business for the year exceed or exceeds US$ 145,050. This provision is not applicable to the person, who opts for presumptive taxation scheme under section 44AD and his total sales or turnover does not exceed US$ 290,100.
    2) A person carrying on profession, if his gross receipts in profession for the year exceed US$ 72,525. 
    3) A person who is eligible to opt for the presumptive taxation scheme of section 44AD  but claims the profits or gains for such business to be lower than the profits and gains computed as per the presumptive taxation scheme of section 44AD and his income exceeds the amount which is not chargeable to tax.
    4) If an eligible assesse opts out of the presumptive taxation scheme, after specified period, he cannot choose to revert back to the presumptive taxation scheme for a period of five assessment years thereafter.
    5) A person who is eligible to opt for the presumptive taxation scheme of section 44ADA but he claims the profits or gains for such profession to be lower than the profit and gains computed as per the presumptive taxation scheme and his income exceeds the amount which is not chargeable to tax.
    6) This provision is not applicable to the person, who opts for presumptive taxation scheme under section 44AD and his total sales or turnover does not exceed US$ 290,100.
    7) A person who is eligible to opt for the presumptive taxation scheme of sections 44AE but he claims the profits or gains for such business to be lower than the profits and gains computed as per the presumptive taxation scheme of sections 44AE.
    8) A person who is eligible to opt for the taxation scheme prescribed under section 44BB or section 44BBB but he claims the profits or gains for such business to be lower than the profits and gains computed as per the taxation scheme of these sections.
     
    Section 44BB is applicable to non-resident taxpayers engaged in the business of providing services or facilities in connection with or supplying plant and machinery on hire basis to be used in exploration of mineral oils. Section 44BBB is applicable to foreign companies engaged in the business of civil construction, erection of plant or machinery, or testing or commissioning thereof, in connection with a turnkey power project. 

    For detailed provision of 44AD, 44AE, 44ADA, 44BB and 44BBE, refer Sec 44 AB on the link.
     

     

    Was this helpful?

  • How will I know how much Income-tax I have to pay?

    ​​​The rates of Income-tax and corporate taxes are available in the Finance Act passed by the Parliament every year. You can also check your tax liability by using the free online tax calculator available at link.

    Was this helpful?

  • Who are the persons liable to take registration under the GST Law?

    Every supplier (including his agent) who makes a taxable supply, i.e., supply of goods and / or services which are leviable to tax under GST law and whose aggregate turn over in a financial year exceeds the threshold limit of INR 4 million is liable to register himself in the state or the union territory of Delhi or Puducherry from where he makes the taxable supply.

    In case of eleven special category states, this threshold limit for registration liability is INR 2 million.

    Besides, GST provisions mentions certain categories of suppliers who shall be liable to take registration even if their aggregate turnover is below the said threshold limit of INR 4 million.

    Was this helpful?

  • How are the applicable tax rates decided?

    The rates of Income-tax and corporate taxes are decided by the Finance Act passed by the Parliament every year. There is a free online tax calculator present at www.incometaxindia.gov.in where once can check his/her tax liability.

    For more information, click here.

    Was this helpful?

  • Is stamp duty applicable at multiple levels of a single transaction (on account of procedural requirements) and to which state government should the stamp duty amount be transferred in such cases?

    It should be ensured that a double incidence of stamp duty doesn’t occur on any transaction. Where, before being credited in the buyer’s Demat account, the securities were transferred from the Demat accounts of an issuer to the clearing corporation, member, etc., the stamp duty shall be transferred to the state government where the residence of the buyer is located.

    For more information on Indian Stamp Act, 1899, click here. For more details about the amendments, refer here.

    Was this helpful?

  • How early does one need to register under Goods and Service Tax?

    Time Limit for GST Registration:

    a) 30 days for Regular Person

    b) 5 days for Casual Person

    c) Territorial Waters: Supplier from the territorial waters of India shall obtain registration in the coastal State or Union territory where the nearest point of baseline is located.

    For more information, click here.

    Was this helpful?

  • What are the relevant tax registration under the Indian tax laws?

    All taxpayers in India are required to apply for and obtain their tax registration number, known as a Permanent Account Number (PAN). PAN is a pre-requisite to file income-tax returns and to open a bank account. PAN is also reported by the person withholding the tax in the withholding tax returns and thereafter issues withholding certificates enabling them to claim the credit of tax so deducted while filing the income-tax return in India.

    Further, every person liable to withhold tax at source or collect tax at source is also required to obtain Tax Deduction and Collection Account Number (TAN).

    Was this helpful?

  • What is transitional relaxation on tax on buybacks by listed companies?

    The Finance (No.2) Act 2019 has been extended to listed companies with effect from 5 July 2019. This created hardships for listed companies who had publicly announced buy-backs before 5 July 2019 but not completed it by that date. The Ordinance relaxes the applicability in respect of buy-backs by listed companies in reference of which public announcement of buyback as per regulatory norms has been made before 5 July 2019. Thus, the buy-back tax will apply in case of listed companies where public announcement of buyback is made on or after 5 July 2019.

    Was this helpful?

  • The amended provisions of the Stamp Act and Rules made thereunder will come into force from which date?

    The amended provisions of the Indian Stamp Act, 1899 brought through Finance Act, 2019 and Rules made thereunder shall come into force w.e.f 1st July, 2020.

    For more information on Indian Stamp Act, 1899, click here. For more details about the amendments, refer here.

    Was this helpful?

Category
Download Expand All

  • Can we offset the payment receivable from importer towards consultancy to be paid to him?

    You are permitted to capitalise the payments due from the foreign entity towards exports, fees, royalties or any other dues from the foreign entity for supply of technical know-how, consultancy, managerial and other services within the ceilings applicable. Capitalisation of export proceeds remaining unrealised beyond the prescribed period of realisation will require prior approval of the Reserve Bank of India.

    Was this helpful?

  • Can I surrender Import Export Code number if I do not wish to operate as Exporter Importer?

    If an IEC holder does not wish to operate allotted IEC number, he may surrender same by informing issuing authority. On receipt of such intimation, issuing authority shall immediately cancel it and electronically transmit it to DGFT and Customs authorities.

    Was this helpful?

  • What are the different kinds of duties of custom levied on imported goods?

    Different kinds of duties of customs levied on imported goods are

    (i) Basic Customs Duty

    (ii) Additional levies like Countervailing duty, Anti dumping duty, safe guard duty etc.

    In addition, cess duty is leviable on certain goods.

    Section 12 of the Customs Act, 1962 authorises the Customs Officers to levy and collect these duties.

    Was this helpful?

  • Importer Exporter Code (IEC) is mandatory in which cases?

    Any bona fide person/ company starting a venture for International trade or any foreign transfers on account of business, IEC number is mandatory.

    For more information, click here.

    Was this helpful?

  • What is the validity of an import authorization?

    Validity period of Import / Export Authorisations varies from 12 months to 24 months, depending on type or authorisation and Items. However, DGFT may decide to issue specific authorisation/ class of authorisations for a longer/shorter validity period. For details you may refer para 2.16 of the document : Link

    Was this helpful?

  • We have exported in a foreign currency which does not appear in the list of customs. How can we calculate the foreign exchange received for discharging our export obligation?

    In such cases, total realised value in rupee as mentioned by bank in the eBRC should be converted into $ by using the $ or INR exchange rate prevailing on the date of realisation as published by customs through notification.

    Was this helpful?

  • What is the validity of IEC?

    An IEC allotted to an applicant shall have permanent validity unless cancelled by the competent authority. The IEC will cover all branches / divisions / units / factories of the applicant.

    Was this helpful?

  • What is custom duty and its different types ?

    Customs duty is the duty charged on goods on their importation into India or exportation out of India.

    There are two types of rates of duty of Customs:

    1. Ad valorem rate i.e., the duty is charged on the basis of value.

    2. Specific rate i.e., on the basis of quantity/number/ volume

    Was this helpful?

  • What does IEC stand for?

    IEC Stands for Importer Exporter Code.

    For more information, click here.

    Was this helpful?

  • How do I find HS Code for my product?

    If you want to know the HS Code, Click on ‘ITC HS Based Policy’ on the website of DGFT. A new window will open as ITC(HS) Query Form. Insert the name of the product in the description option to know the HS Code of your product. Similarly, if you want to know the product and are already aware of the HS Code, enter the ITC(HS) Code (e.g. 0324) option to know the product.

    Was this helpful?

Category
Download Expand All

  • Are there any specific restriction on BOEs to conduct third-party inspections?

    There are no restrictions on BOE if they are authorized under section 34(3) of the Boilers Act 1923.

    Was this helpful?

  • What is the process for integration of the data pertaining to cases pending/resolved before the Civil Courts?

    Data pertaining to cases pending/resolved before the Civil Courts is available with the Court Registry or respective filing section(s) of the Revenue/District Courts and High Court in the State. The same falls within the purview of the State and should be integrated/ linked with the record of each parcel of land.

    Further, it has been represented by some States that integration of land records and civil court case data is under consideration of the Supreme Court ecommittee. The Case Information Management System will include details of land in relation to civil court case data. In this regard, the States/UT's are advised to pursue the same for implementation with the Supreme Court e-committee. DIPP will assist States/UTs in this regard, as is required.

    Was this helpful?

  • Whether both registration and renewal feature required to be developed?

    The State shall develop feature only for registration under Shops and Establishments Act. The “Registration and renewal under The Shops and Establishments Act” refers only to the main heading of the reforms.

    Was this helpful?

  • When a user enters the survey number/property identification number on the website, the information like land transaction deed, property tax, revenue court case details and civil court case data can be shown on a single web-page of the website?

    Details of land transaction deed, property tax etc. must be displayed on a single web page on one website in a consolidated format.

    Was this helpful?

  • .Should requirement for renewal of registration under Shops and Establishments Act be eliminated?

    Yes. The State should encourage voluntary update of information by the establishment and remove requirement for renewal of registration under Shops and Establishments Act

    Was this helpful?

  • Which Departments would fall under the term “Departments involved” as Stated in reform action plan point 1-sub point number (iii)?

    The “Departments involved” means the Departments whose clearances/ approvals/ NOCs are required prior to applying for a particular service.

    Was this helpful?

  • Does mapping of civil court case data with survey number or property identification number, fall under the purview of the State Government as this data is with Hon’ble Supreme Court for all the States/UTs?

    The State should coordinate with their respective High Courts and in case of any concern, DIPP shall discuss the same with the D/o Justice.

    Was this helpful?

  • Whether State can exempt any Act under which returns are not to be filed?

    The State may exclude the Act(s) under which there is no requirement to file return. However, the State should submit necessary evidence for nonapplicability of the reform point.

    Was this helpful?

  • What are “links to online application forms” that have to be provided in the Information Wizards?

    The link should be provided for the Single Window System or the online portal where the applicant can apply for the permission against which it is listed.

    Was this helpful?