India and Japan Reinforce Partnership to Drive Growth, Technology, and Future Security

Introduction Prime Minister Narendra Modi’s recent visit to Tokyo marked a new phase in India–Japan relations. The two-day visit occurred at the invitation of Japanese Prime Minister Shigeru Ishiba. As part of efforts to strengthen the next-generation economic partnership, Japan placed greater emphasis on supporting green energy initiatives in India, a move that helps reduce India’s reliance on imported oil and coal and brings the country closer to its 500GW renewable energy target by 2030. During the summit, both Prime Ministers welcomed the continuation of high-level exchanges, including ministerial and parliamentary interactions, which underscored the mutual trust and depth of the India–Japan relationship over the years. Over the last decade, the partnership has grown substantially across multiple sectors, including security, defence, trade, investment, commerce, science and technology, skills development, mobility, as well as cultural and people-to-people ties. The Prime Ministers also highlighted that India and Japan have set up more than seventy dialogue mechanisms and working groups, facilitating ongoing collaboration across various ministries and agencies. This sustained engagement has led to increased mutual investments, improved technology transfer, and stronger integration into global supply chains. India’s participation at the 15th India-Japan Annual Summit At the recently concluded 15th India-Japan Annual Summit, both Prime Ministers emphasised enhancing strategic, economic, and technological cooperation. A key highlight was the announcement of the India-Japan Economic Security Initiative, aimed at strengthening bilateral collaboration in economic security, securing and reinforcing supply chains for critical goods, and advancing cooperation in emerging and strategic technologies. Priority sectors include telecommunications, pharmaceuticals, critical minerals, semiconductors, and clean energy. The Prime Ministers welcomed the launch of the Dialogue on Economic Security, covering Strategic Trade and Technology, and directed their respective Foreign Ministries to expedite policy-level exchanges to identify concrete projects and outcomes in strategic sectors, in partnership with industry and academia. Both sides also agreed to safeguard high-technology trade while jointly addressing export control challenges. Over time, this collaboration is expected to attract foreign investment to India, foster innovation in emerging industries, and strengthen India’s role as a dependable partner in global high-tech trade and industrial supply chains. To highlight ongoing cooperation, an Economic Security Factsheet was released, showcasing projects in strategic sectors. Initiatives promoting business-to-business collaboration were endorsed to encourage Indian and Japanese companies to diversify and strengthen supply chains. Additionally, the signing of a Memorandum of Cooperation in the Field of Mineral Resources is set to enhance partnership in critical minerals and create expanded business opportunities. Strengthening partnership India-Japan relations have consistently gone beyond commercial ties. Over the years, the partnership has spanned major infrastructure projects, including the Mumbai-Ahmedabad bullet train, defence cooperation in the Indo-Pacific region, and close coordination in multilateral forums. These initiatives highlight the enduring positive and strategic relationship that India has fostered with Japan. The recently concluded summit, along with Japan’s pledge of ₹6 lakh crore as an investment target in India, underscores the shared commitment to deepening the bilateral relationship. This substantial investment is expected to enhance economic cooperation, facilitate technology transfer, and broaden collaboration in strategic sectors such as infrastructure, clean energy, and emerging technologies. Through this significant commitment, Japan demonstrates its confidence in India’s growth potential while strengthening the long-term partnership and mutual prosperity between the two countries. Strengthened Ties: Key Results of the India–Japan Summit India–Japan Joint Vision for the Next Decade: India and Japan have outlined a 10-year strategic vision to enhance bilateral cooperation across eight key areas: economic partnership, economic security, mobility, sustainability, technology, health, people-to-people ties, and state-prefecture collaboration. The initiative aims to boost trade, investment, sustainable growth, innovation, talent mobility, and cultural exchange, reflecting both countries’ commitment to shared security and long-term prosperity. Action Plan for India–Japan Human Resource Exchange: India and Japan agreed on a plan to facilitate the exchange of 500,000 people over five years, including 50,000 skilled and semi-skilled Indian workers moving to Japan. This initiative addresses Japan’s workforce requirements while offering Indian professionals global exposure, skill development, and stronger bilateral connections. Memorandum of Cooperation on Joint Crediting Mechanism (JCM): India and Japan signed an MoC on the JCM to accelerate the deployment of decarbonising technologies, products, systems, and infrastructure. The initiative supports India’s greenhouse gas reduction targets while promoting sustainable development. MoU on India–Japan Digital Partnership 2.0: India and Japan inked an MoU to advance cooperation in the digital sector. The agreement focuses on strengthening digital public infrastructure, developing digital talent, and promoting joint R&D in emerging technologies such as artificial intelligence, the Internet of Things, and semiconductors. Memorandum of Cooperation in Mineral Resources: India and Japan signed an MoC to enhance supply chain resilience in critical minerals. The agreement includes collaboration on advanced processing technologies, joint investments in exploration and mining, and coordinated efforts for stockpiling essential minerals. Private Investment Target of JPY 10 Trillion: Japan pledged to mobilise JPY 10 trillion (₹6 lakh crore) in private investment in India over the next decade, focusing on infrastructure, manufacturing, technology, clean energy, and innovation. This investment is expected to drive growth, generate employment, strengthen supply chains, facilitate technology transfer, and expand bilateral trade. India–Japan Economic Security Initiative: India and Japan launched the Economic Security Initiative to enhance supply chain resilience in strategic sectors such as semiconductors, clean energy, telecommunications, pharmaceuticals, critical minerals, and other emerging technologies. An Economic Security Fact Sheet was issued highlighting ongoing cooperation. The initiative aims to strengthen India’s access to critical technologies, attract Japanese investment, diversify supply chains, and boost India’s economic security and global technological competitiveness. Sector Impact of the 15th India-Japan Annual Summit Semiconductors: Building on the existing CEPA framework, India and Japan have deepened their collaboration in the semiconductor sector. In July 2023, India’s Ministry of Electronics and Information Technology (MeitY) and Japan’s Ministry of Economy, Trade, and Industry signed a Memorandum of Cooperation under the India-Japan Semiconductor Supply Chain Partnership to strengthen supply chain resilience. The recent summit further highlighted the strategic importance of semiconductor cooperation, with leaders from both countries advancing collaboration in semiconductors, artificial intelligence, robotics, green energy, and space technologies. Green Energy: … Read more

Navigating Fundraising Instruments and Mechanisms

Navigating Fundraising Instruments and Mechanisms

In India, companies can issue a variety of investment instruments to investors to meet their capital requirements. Under Indian company law, such instruments issued to investors are called ‘securities’. Depending on a company’s financial needs and investor preferences, several fundraising options are available for consideration. Fundraising Instruments: At the time of raising capital, companies commonly issue equity instruments, debt instruments, or hybrid instruments that combine the features of both debt and equity. The key difference between issuing equity and debt instruments lies in whether the shareholding of existing investors becomes diluted. Types of Fundraising Instruments: Equity: Companies can raise funds through equity financing without creating debt, allowing investors to hold a share of the ownership of the company CCPS (Compulsory Convertible Preference Shares): Compulsory Convertible Preference Shares operate as hybrid or anti-dilution instruments, combining fixed dividends with the potential for conversion into equity. Conversion of the instrument may depend on the performance of the company, which benefits investors by allowing flexibility in conversion of the instrument. If targets are not specified, the company can increase its stake. RPS (Redeemable Preference Shares): Redeemable Preference Shares have a fixed tenure and allow companies to raise temporary capital, giving flexibility in financial planning. OCRPS (Optional Convertible Redeemable Preference Shares): Optional Convertible Redeemable Preference Shares provide flexibility by allowing conversion into equity or repayment based on mutual agreement. This structure benefits both investors and companies by aligning with performance or shared preferences. CCD (Compulsorily Convertible Debentures): CCDs, like Compulsorily Convertible Debentures, are hybrid instruments that convert into equity within a specified period. Until conversion, they function as debt, providing companies with structured fundraising opportunities. NCD (Non-Convertible Debentures): Non-Convertible Debentures are debt instruments preferred by investors seeking fixed returns. They include interest and principal repayment but do not convert into equity. OCD (Optionally Convertible Debentures): Optionally Convertible Debentures allow debentures to be converted into equity or repaid under agreed terms. This structure offers flexibility while combining elements of debt financing. Employees Stock Option Plans (ESOPs): Employees Stock Option Plan grant employees the right to purchase company shares at a pre-determined price on a predetermined date. Companies use ESOPs as tools to attract and retain skilled employees, while also aligning employee interests with company success. Sweat Equity Shares: Companies issue sweat equity shares to founders, directors, or employees at discounted prices or for non-cash consideration, recognising their contributions. By issuing such shares, companies retain and reward employees for their services. Compliances for Issuance of the Financial Instruments: Companies may issue equity shares to existing shareholders through rights issuance after securing board approval. Following approval, offer letters must be sent to shareholders detailing the rights issue period. The board resolution also needs to be filed with the Registrar of Companies. Once funds are received, the board approves the allotment of the equity shares to the shareholders, and the return of allotment must be filed by the company with the Registrar of Companies. Funds received from the right issue cannot be used until the share allotment takes place and the return is filed with the Registrar. For preferential offers made to new investors, the process involves: Obtaining a valuation report from a registered valuer. Gaining approval from the board of directors for the preferential issue. Securing shareholder approval through a special resolution. Opening a separate bank account where investors remit funds. Filing the special resolution with the Registrar of Companies. Sending offer letters to investors. Allotting shares once funds are received, and filing the return of allotment. Utilising funds only after the return of allotment is filed. If equity or preference shares are issued, corporate actions must be filed with depository participants to credit instruments to investor demat accounts. For CCDs or OCDs, share certificates may be issued. For ESOPs, the compliance process includes: Board approval for issuing ESOPs. Shareholder approval through a special resolution. Filing the resolution with the Registrar of Companies. Updating the Register of Employee Stock Options. Granting options to employees. Vesting and subsequent exercise of options. Allotting shares once options are exercised and filing the return of allotment. Filing corporate actions with depositories for crediting instruments to investor demat accounts. Including necessary disclosures in the board’s report. For Sweat Equity Shares, the process requires: Obtaining a valuation report from a registered valuer. Securing board approval. Securing shareholder approval through a special resolution. Filing the resolution with the Registrar of Companies. Allotting shares after approval and filing the return of allotment. Recording entries in the Register of Sweat Equity Shares. Making disclosures in the board’s report during the year of issue. For Non-Convertible Debentures, companies may issue only secured NCDs. If unsecured NCDs are issued, listing on a recognised stock exchange becomes mandatory to prevent classification as deposits. For secured Non-Convertible Debentures, the company must ensure: Redemption does not exceed 10 years, except in infrastructure-related sectors where redemption can extend to 30 years. NCDs are secured by creating a charge equal to the value of repayment of principal and interest. Appointment of a debenture trustee with defined roles and qualifications. Creation of a Debenture Redemption Reserve (DRR) by 30th April. This reserve must equal 15% of debentures maturing in the following financial year. The amount may be invested in scheduled banks or government securities and used only for redemption. If instruments are issued to non-resident investors, FEMA compliance becomes mandatory. Companies must check sectoral caps, acquisition rules, and pricing guidelines. Once met, companies must file Form FC-GPR within 30 days of issuing instruments to non-residents. Subscription of Non-Convertible Debentures by foreign investors other than FPIs is treated as External Commercial Borrowing (ECB) under FEMA rules. External Commercial Borrowings (ECB): Indian entities can raise ECBs as commercial loans in foreign currency from non-resident lenders. ECBs are allowed only for defined periods, known as the Minimum Average Maturity Period. Key Takeaway for Preference/Equity/OCD/CCD/Sweat Equity For the rights issuance of equity shares, board approval alone is required. Conclusion: The complexity of financial instruments makes customised strategies essential for effective capital raising and ownership management. To handle this … Read more

Electronics Component Manufacturing Scheme (ECMS) for Indian Manufacturers

On April 26, 2025, India introduced guidelines and an online portal for the Electronics Component Manufacturing Scheme (ECMS). Valued at INR 229.19 billion (US$2.7 billion), this initiative is designed to make India Atmanirbhar (self-reliant) in the electronics supply chain. The scheme focuses on building a strong component ecosystem by attracting significant global and domestic investments, enhancing manufacturing capacity and capabilities, and integrating Indian companies into Global Value Chains (GVCs). What Is India’s ECMS Scheme? India launched the Electronics Component Manufacturing Scheme (ECMS) on April 8 this year to strengthen the country’s electronics ecosystem. The scheme carries an outlay of INR 229.19 billion (US$2.58 billion) and runs for six years, with an optional one-year gestation period. The government opened the application window on May 1. By October 27, the Centre had received 249 applications, reflecting investment commitments worth INR 1.15 trillion (US$12.99 billion). This strong response highlights the industry’s confidence in India’s push to expand its electronics manufacturing capabilities. The ECMS scheme aims to achieve the following: Building a self-reliant and globally competitive electronics component ecosystem: The scheme encourages companies to produce critical components in India, reducing reliance on imports and strengthening supply chain resilience. Attracting domestic and foreign investment across the component value chain: It offers incentives that make India an attractive destination for global and local investors in electronics manufacturing. Increasing domestic value addition in electronics manufacturing: The scheme promotes production of high-value components, enabling deeper value addition within the country. Enhancing India’s participation in global value chains: ECMS supports the integration of Indian manufacturers into global supply networks, positioning India as a key player in the electronics sector. Target Segment Categories under the Scheme include: Sr No Target segment A Sub-assemblies Display module sub-assembly Camera module sub-assembly B Bare components Non-SMD passive component Electro-mechanicals Multi-layer Printed Circuit Board (PCB) Li-ion Cells for digital application (excluding storage and mobility) Enclosures for mobile, IT Hardware products and related devices C Selected bare components High Density Interconnect (HDI)/ Modified semi-additive process (MSAP)/ Flexible PCB SMD passive Components D Supply chain ecosystem and Capital equipment Supply chain of sub-assemblies (A) & bare components (B) & (C) Capital goods used in electronics manufacturing including their sub-assemblies and components Time Period The ECMS will operate from FY 2025–26 to FY 2031–32, including a one-year gestation period. It aims to develop a complete supply chain for electronics manufacturing, boost domestic value addition, and position Indian companies as competitive players in global electronics markets. Qualification Criteria Applicants must meet the following requirements to be eligible under the ECMS: Both greenfield investments (new operations or facilities established from scratch) and brownfield investments (investments in existing production setups) in the target segment are eligible. Separate applications must be submitted for each product within the target segment. Multiple applications for the same product under a single target segment will not be accepted. Eligibility will be based on consolidated global Electronics System Design and Manufacturing (ESDM) revenue or manufacturing revenue, along with technological and financial capability, as specified in the scheme guidelines. Approved Companies and Investment Breakdown Here are the approved companies selected in the first batch of ECMS applications. The list highlights key manufacturers, their proposed investments, and the scale of production they plan to achieve. It also shows where these projects will be set up and how many jobs they are expected to create. This overview gives a quick snapshot of the programme’s early momentum: Applicant name  Product  Project location  Investment  Production  Employees  Kaynes Circuits India Pvt. Ltd.  Multi-layer PCB  Tamil Nadu  INR 1.04 billion (US$11.75 million)  INR 43 billion (US$485 million)  220  Kaynes Circuits India Pvt. Ltd.  Camera module sub-assembly  Tamil Nadu  INR 3.25 billion (US$36.71 million)  INR 126.30 billion (US$1.4 billion)  480  Kaynes Circuits India Pvt. Ltd.  HDI PCB  Tamil Nadu  INR 16.84 billion (US$190 million)  INR 45.10 billion (US$509 million)  1,480  Kaynes Circuits India Pvt. Ltd.  Laminate  Tamil Nadu  INR 11.67 billion (US$131.8 million)  INR 68.75 billion (US$776 million)  300  SRF Limited  Polypropylene film  Madhya Pradesh  INR 4.96 billion (US$56 million)  INR 13.11 billion (US$148.12 million)  225  Syrma Strategic Electronics Pvt. Ltd.  Multi-layer PCB  Andhra Pradesh  INR 7.65 billion (US$86 million)  INR 69.33 billion (US$783 million)  955  Ascent Circuits Pvt. Ltd.  Multi-layer PCB  Tamil Nadu  INR 9.91 billion (US$111.9 million)  INR 78.47 billion (US$886.5 million)  1,535  Total  –  –  INR 55.32 billion (US$625.02 million)  INR 444.06 billion (US$5.01 billion)  5,195  Here are the approved companies selected in the first batch of ECMS applications. The list highlights key manufacturers, their proposed investments, and the scale of production they plan to achieve. It also shows where these projects will be set up and how many jobs they are expected to create. This overview gives a quick snapshot of the programme’s early momentum. LIST OF PRODUCTS COVERED UNDER CERTAIN TARGET SEGMENTS TARGET SEGMENTS PRODUCTS COVERED Non-SMD (surface mount device) passive components Resistors, capacitors, ferrites, specialty ceramics, inductors, coils (including inductive coil), etc., for electronic applications Electro-mechanicals Speakers and microphones for ICT products, relays, switches, connectors, heat sinks, antenna, vibrator motors, oscillators, filters, actuators, crystals, sensors (non-semiconductors), transducers, etc., for electronic applications Supply chain of sub-assemblies & bare components Laminate, pre-peg, copper foil, separator, cathode material, anode material, electrolyte, polypropylene film, spray wire, lenses, protective film, glass cover, back light, contrast film, polarizer film, etc., for electronic applications Qualification Criteria Applicants must meet the following conditions: Eligible Investments: Greenfield investment: Establishing new operations such as factories or offices from scratch in India. Brownfield investment: Investment in existing facilities or production arrangements in India. Separate Applications: One application per target segment product. Multiple applications for the same product within a target segment are not allowed. Evaluation Parameters: Consolidated global Electronics System Design and Manufacturing (ESDM) revenue or manufacturing revenue. Technological and financial capability as detailed in the scheme guidelines. LIST OF PRODUCTS COVERED UNDER CERTAIN TARGET SEGMENTS TARGET SEGMENTS PRODUCTS COVERED Non-SMD (surface-mount device) passive components Resistors, capacitors, ferrites, specialty ceramics, inductors, coils (including inductive coil), etc., for electronic applications Electro-mechanicals Speakers and microphones for ICT products, relays, switches, connectors, … Read more

Transfer Pricing: Meaning, Objective, Benefits, & Applicability

Transfer Pricing: Meaning, Objective, Benefits, & Applicability

For accounting and taxation purposes, a transfer price emerges when related parties, such as company divisions or a company and its subsidiary, need to report their individual profits. A transfer price is utilised to determine costs when these related parties are required to conduct transactions with each other. Generally, transfer prices do not vary significantly from market prices. A transfer price is a price that represents the value of goods or services exchanged between independently operating organisational units. Transfer pricing, on the other hand, refers to transaction prices between associated enterprises that may occur under conditions different from those between independent enterprises. Transfer pricing typically refers to the price at which associated enterprises transfer goods or services. Such transactions can encompass product sales, service provision, money lending, and the use of (intangible) assets. Consequently, transfer pricing effects result in the parent company or a specific subsidiary generating insufficient taxable income or excessive transaction losses. For example, setting high transfer prices can increase profits accruing to the parent by siphoning profits from subsidiaries in high-tax countries, while low transfer prices can move profits to subsidiaries in lower-tax jurisdictions. In simple terms, the prices and conditions set between related parties under transfer pricing policies should align with those that would be agreed upon between independent, unrelated companies. What is the objective of Transfer Pricing? An Associated Enterprise is an enterprise that participates in, or in respect of one or more persons who participate, directly or indirectly, or through one or more intermediaries, in the management, control, or capital of the other enterprise. Arm’s Length Price refers to the price that should have been charged between related parties had those parties not been related to each other. Constituent Entity can be defined as the following: Any entity of the international group that is included in consolidated financial statements for financial reporting purposes or included if the equity share of any entity of the group were to be listed. Or any entity of the group that is excluded from consolidated financial statements based on size or materiality. Or any permanent establishment of an entity of the group if separate financial statements are prepared for financial reporting, regulatory, tax reporting, or internal management control purposes. Part 1: Applicability and Scope of Transfer Pricing 1. Which transactions are subject to transfer pricing regulations? 2. Which transactions are covered under transfer pricing? The following transactions are covered under Transfer Pricing: International Transactions Specified Domestic Transactions • Provision of software development services • IT services • Knowledge process outsourcing services • Provision of intragroup loans • Provision of corporate guarantees • Manufacture and export of auto components • Receipt of low-value intragroup services • Provision of contract R&D services relating to software development or generic pharmaceutical drugs • Supply of electricity • Transmission of electricity • Wheeling of electricity • Purchase of milk or milk products by a co-operative society from its members 3. What are the various types of deemed Associated Enterprise (AE)? In the case of A Ltd., the following entities will be associated enterprises if: A Ltd. holds ≥ 26% voting power in B Ltd. Further, B Ltd. holds ≥ 26% voting power in C Ltd. A Ltd. provides a loan to B Ltd. ≥ 51% of the book value of the total assets of B Ltd. A Ltd. guarantees ≥ 10% of the total borrowings of B Ltd. B Ltd. appoints > 50% of directors/members of the governing board or one or more executive directors of A Ltd. Further, C Ltd. appoints > 50% of directors/members of the governing board or one or more executive directors of B Ltd. Manufacturing of goods of A Ltd. is wholly reliant on intangible assets of B Ltd. B Ltd. supplies > 90% of raw materials to A Ltd. for manufacturing, where the price is influenced by B Ltd. A Ltd. sells goods to B Ltd. at the price decided by B Ltd. A Ltd. and B Ltd have a mutual interest. A Ltd. is controlled by Mr. X/HUF and B Ltd. is controlled by Mr. X/HUF or relatives of Mr. X/HUF. For example,   Part 2: Methods for Computing Arm’s Length Price 1. What are the methods to compute the Arm’s Length Price? The various methods for computing the Arm’s Length Price are as follows: 2. What will be the ALP when more than one price is determined from the methods? Note: If the variation of arm’s length price does not exceed 1% in case of wholesale trading and 3% in other cases, such transfer price will be deemed to be arm’s length price as per Rule 10CA of Income Tax Rules. Wholesale trading refers to the transaction of trading in goods where the purchase cost is 80% or more of the total cost and the average monthly closing inventory is 10% or less of the sale of such goods. Part 3: Documentation and Compliance 1. What is the documentation structure under transfer pricing? 2. What are the documents required to be maintained? Information and documents to be maintained as per Rule 10D of Income Tax Rules Basic Documents Supporting Documents • Details of ownership structure of the enterprise • Profile of the group in which the enterprise is a part • Business overview of the taxpayer and associated enterprises • Details of the transaction (name of the associated enterprise, nature, terms, quantity, value) • Description of functions performed, risk assumed, assets employed • Record of relevant financial forecasts/ estimates made, economic analysis and budgets • Details of the uncontrolled transaction (nature, terms, conditions, analysis to evaluate comparability) • Details of the method selected for determining the arm’s length price • Record of actual working, assumptions, policies for determining arm’s length price • Details of adjustments, if any, made to the transfer price • Government’s publications, reports, databases and studies • Reports of market research studies and technical publications • Price publications including stock exchange and commodity market quotations • Published accounts and financial statements of … Read more

Overview Of Foreign Exchange Management Act – FEMA Act

Overview Of Foreign Exchange Management Act – FEMA Act

The Foreign Exchange Management Act (FEMA) was enacted by the Government of India in 1999. It substituted the previous Foreign Exchange Regulation Act (FERA) of 1973. The FEMA Act 1973 was formulated to enhance external payments and foreign trade in India. FEMA represents a civil law in contrast to FERA which was a draconian police law. Foreign Exchange Management Act in India represented a modernization of the Indian economy and was established to liberalize and privatize the markets in India. In this article, we’ll provide an overview of the Foreign Exchange Management Act in India, covering the fundamentals that you need to be aware of. What is the FEMA Act? The FEMA Act is the legal framework that governs foreign exchange transactions in India. It lays down the provisions for facilitating external trade and payments while maintaining foreign exchange reserves. The Act covers areas such as foreign direct investment (FDI), overseas investment, remittances, and transactions between residents and non-residents. By simplifying rules compared to its predecessor FERA, the FEMA Act ensures that India’s foreign exchange environment aligns with liberalisation and global economic practices. What is FEMA in India? FEMA in India refers to the Foreign Exchange Management Act, 1999, which regulates cross-border transactions, foreign exchange dealings, and external trade. It was designed to promote orderly development and maintenance of India’s foreign exchange market while facilitating international payments. FEMA also empowers the Reserve Bank of India (RBI) to frame rules and regulations governing foreign exchange, thereby ensuring transparency and compliance in global transactions. What Are The Objectives Of The FEMA Act? The primary aim of introducing the Foreign Exchange Management Act was to liberalize the Indian economy by promoting external trade and payments. It facilitated the regulation of the Indian forex market. According to FEMA, the balance of payment represents a record of transactions involving products, services, or properties between citizens of two separate countries. The Government of India has classified FEMA into two categories: Capital Account Transactions – all capital transactions and the inflow and outflow of money to and from India.  Current Account Transactions – all trade of merchandise as an indicator of an economy’s status. Thus, establishing the structure and measures for all foreign exchange transactions in India. How Is FEMA Applied In India? FEMA applies to the whole of India. It also extends to the agencies and offices located outside India that are managed or owned by an Indian citizen. The headquarters is situated in New Delhi and is known as the Enforcement Directorate. More specifically, the FEMA Act applies to: Indian foreign exchange Indian foreign security Banking, financial, and insurance services Exporting of any product and/or services from India to a foreign country Importing of any product and/or services from outside India Securities as defined under the Public Debt Act of 1994 Buying, Selling, Any Indian Entity owned by a person resident outside India Any citizen of India, residing in India or in a foreign country and the exchange of any kind of product/service Any overseas company owned by a non-resident Indian (NRI) Current Account transactions listed by FEMA have been categorized into three areas: Transactions prohibited by the FEMA Act A transaction that requires Central Government’s permission A transaction that requires the Reserve Bank of India’s (RBI’s) permission What Prohibitions Are Made Under the FEMA Act In India? Sending money which is the result of winning the lottery. Sending money which is the result of winning horse racing, cricket games, etc. Sending money to buy a lottery ticket, football betting, sweepstakes, banned publications, etc. The payment of commission on exports towards equity investment of Indian companies in joint ventures or wholly-owned subsidiaries abroad. The sending of a dividend by any company. This is only applicable if dividend balancing is applicable. The payment of commission on exports under the Rupees State Credit Routes (except commission up to 10 percent of the invoice value of export of tea and tobacco). Any payment regarding “Call-back Services” of telephones. Any travel to Bhutan and/or Nepal. Sending interest income on funds held in Non-resident Special Rupees (NRSR) scheme account. A transaction of any kind with a resident of Bhutan or Nepal. What Are The Rules Of Trade For Foreign Exchange Management Act (FEMA) In India? According to the RBI, foreign exchange can be undertaken with any authorized dealer via the Prior Approval Route or General Permission Route. Scenario Limitations Visiting privately to any country (except Bhutan and Nepal) Liberalized Remittance Scheme (LRS) limit of USD 2,50,000/- per year. Personal donations/gifts by resident individuals Liberalized Remittance Scheme (LRS) limit of USD 2,50,000/- per year. Corporate Donations by persons other than resident individual One per cent of the forex earnings during the preceding three financial years.<br>OR<br>US$ 5,000,000, whichever is less, for a specified purpose. Leaving India for the purposes of gainful employment Liberalized Remittance Scheme (LRS) limit of USD 2,50,000/- per year. Payment for emigration Liberalized Remittance Scheme (LRS) limit of USD 2,50,000/- per year. Payment for the care of relatives (only close relatives) outside of India by a person who is resident but not permanently resident in India The salary (after deducting income tax, Provident Fund, and other deductions) of a person not being a permanent resident in India and a citizen of a foreign state other than Pakistan.<br>OR<br>US$2,50,000/- a year per recipient in all other cases. Business travel abroad US$250,000 per year. Attending a training course or conference US$250,000 per year. For overseas medical treatment US$250,000 per year. The care of a patient going for a medical check-up or medical treatment abroad. US$250,000 per year. The care of a patient going for a medical check-up or medical treatment abroad. US$250,000 per year. Studying abroad US$250,000 per academic year or the education institution’s estimation, whichever is higher Meeting the expenses of a person accompanying a patient going for a medical check-up or for medical treatment abroad US$250,000 per year. Commission payment to an agent outside India for the saleselling of commercial or residential land or property in India US$25,000 or … Read more

Account Outsourcing can Transform Your Business in India.

The current economic climate presents a range of structural and operational challenges for Small and Medium Enterprises (SMEs). Finance management is one of the most crucial things for making sure your business succeeds. SMEs have to be involved in a range of activities like keeping their customers happy, staying better than the competitors, and doing all the day-to-day operations. Consequently, they have little time left to focus on bookkeeping, financial analysis, and statutory compliance. That is where Account Outsourcing comes into the scenario. It is not just about saving money but it is a smart move that can help you control your finances better without having to worry about all the complicated accounting tasks. Let us understand how outsourcing your Accounting work to experts can change the way you run your business and make operations easier. Regulatory Requirements for Account Outsourcing: Following are the provisions under different laws requiring the maintenance of books of accounts by entities carrying of a business or profession: Section 128(1) of the Companies Act, 2013 requires every company to prepare and keep the books of account and other relevant books at its registered office. Section 44AA of the Income-tax Act, 1961, mandates the maintenance of books of account by certain persons engaged in specified professions and businesses. It provides for the preparation and maintenance of books of account by a person if his income or gross turnover or receipts, as the case may be, exceeds the prescribed threshold limit. Section 36 of the CGST Act, 2017 requires every registered person to keep and maintain the account books and records for at least 72 months (6 years) from the due date of furnishing of annual return for the year pertaining to such accounts and records. Section 34 of the LLP Act, 2008 requires limited liability partnership to maintain proper books of account as may be prescribed relating to its affairs for each year of its existence on a cash basis or accrual basis and according to double entry system of accounting and shall maintain the same at its registered office for such period as may be prescribed. Thus, all types of entities, irrespective of their form, have to mandatorily maintain their books of accounts as per the provisions of the applicable Laws. Why Should You Outsource Your Accounts? Outsourcing accounting does not mean handing over responsibilities, but it is more of bringing in expertise, efficiency, and professionalism in the accounts department and giving yourself more bandwidth for expanding business. There are numerous reasons why accounts should be outsourced. Here is why it is worth considering: Save cost and time Related Read: Enhancing Tenant Relations and Lease Management with Yardi Voyager Small and Medium-sized enterprises often face challenges in maintaining an efficient in-house accounting team. Limited resources and expertise make handling complex financial tasks difficult. A major challenge is continuously training and retaining qualified employees. Maintaining an in-house accounts team is quite expensive. You have to pay for hiring costs, salaries, employee benefits, perks, training, and statutory compliance. Apart from this consider the cost of providing office space, and software subscriptions. Outdated accounting systems further complicate financial management. Without updated knowledge and the latest technological tools, managing accounts may lead to inefficiencies and inaccuracies. In contrast, the account outsourcing model provides you a cost-effective solution. By outsourcing accounting functions, you can eliminate these overheads and get access to skilled and experienced professionals at a relatively lower cost. You get better results for lesser cost and extra hours for your business growth and expansion. It ensures cost savings, expertise, timely statutory compliances, and access to the latest tools without the burden of an in-House team. Access to experts who understand compliance Account outsourcing is a strategic approach that helps businesses in improving financial efficiency and regulatory compliance. Navigating the complex tax laws, tax filings and compliance requirements is a daunting task and very time-consuming process. These laws are constantly changing and one needs to be always updated with the latest regulations, amendments, and reforms. This represents a full-time job. The consequence of any non-compliance can be severe and can attract interest and penalties. These compliance risks can be managed well with the help of Account outsourcing. Outsourcing ensures that your accounts are always managed by experts who know the rules and the latest changes. These ensure you never miss deadlines and avoid paying penalties. By outsourcing to a specialized firm, organizations can stay updated on evolving regulations with minimum financial management risks. More focus on growing your business As a business owner, your time is valuable. It is essential to prioritize activities that can drive growth, innovation, and customer satisfaction. Rather than getting buried in the umpteen spreadsheets, it is better to have more time to focus on better customer relations, develop new products, and expand new markets. Account Outsourcing allows you to free up your time and resources and helps you channel your energy to what you do best i.e. driving business success and growth of your business. This leaves the accounting part with professionals who have the requisite expertise and bandwidth to do the job. Flexibility As your business grows, your accounting requirements become more and more complex. As your company’s financial landscape undergoes significant changes, more sophisticated financial management and accounting expertise is needed. Whether you are a startup with basic bookkeeping requirements or an established SME navigating cashflow challenges, Account outsourcing offers scalability and flexibility tailored to your current stage of growth. With Account outsourcing, you can easily adapt to changing accounting requirements ensuring your accounting is aligned with your evolving business needs. Leverage technology Professional Accountants leverage the benefits of using the latest technologies in streamlining your accounting with enhanced accuracy and providing actionable insights. They use cutting-edge technology to automate various routine and repetitive tasks, reduce errors, and generate productive reports. This means that by outsourcing accounts, you gain access to the latest software and tools without any real investment in them. How Can We Help You Succeed? At the heart … Read more

Setting up Business in GIFT City – Eligibility and Benefits

Gujarat International Finance Tech-City (GIFT City) is India’s emerging international financial hub, situated in Gandhinagar between Ahmedabad and the state capital. Designed as a global financial centre, it manages international financial transactions outside domestic jurisdiction in India. Regulated by the International Financial Services Centres Authority, the zone offers strong regulatory support and tax incentives. The government recently allowed individuals to open foreign currency bank accounts in GIFT City. With advanced infrastructure and favourable policies, the financial hub aims to compete with global centres such as Singapore and Dubai while attracting international investors and businesses. Reasons to Choose GIFT City for Business Setup Gujarat International Finance Tec-City has rapidly emerged as one of India’s most promising destinations for global businesses and financial institutions. Its progressive regulatory framework, attractive tax incentives, and world-class infrastructure create an ecosystem designed to support international commerce. These advantages make GIFT City an appealing location for organisations seeking efficient market access and long-term growth opportunities in India. Internationally benchmarked regulatory environment Gujarat International Finance Tec-City operates under a globally aligned regulatory framework supervised by the International Financial Services Centres Authority. This structure simplifies compliance while maintaining high international standards. Businesses benefit from transparent governance and streamlined regulatory procedures that reduce administrative complexity. Tax incentives Recognised as a Special Economic Zone under the Special Economic Zones Act 2005, GIFT City offers substantial fiscal advantages to businesses. Companies operating within the zone can access various tax incentives designed to enhance investment efficiency. These benefits significantly reduce the overall tax burden and support stronger long-term returns. Ease of doing business The policy ecosystem within GIFT City prioritises operational efficiency and investor convenience. Simplified procedures, supportive regulatory bodies, and clear compliance guidelines enable businesses to establish and operate with minimal friction. This environment allows organisations to focus on growth and innovation rather than administrative hurdles. State-of-the-artinfrastructure Established in 2015, GIFT City was developed with advanced technology and modern urban planning at its core. The financial hub features premium office spaces, high-speed digital connectivity, and world-class utilities. Such infrastructure supports financial institutions and global businesses seeking a sophisticated operational base. Strategic location Situated in Gandhinagar and positioned between Ahmedabad and the state capital, GIFT City follows a well-planned tri-city development approach. This location ensures strong connectivity and easy accessibility for businesses and professionals. The strategic positioning enhances its potential as a dynamic financial and commercial hub in India. Tax Benefits for Setting up Business in GIFT City Gujarat International Finance Tec-City offers a highly competitive tax framework designed to attract global businesses and financial institutions. The regulatory structure under the International Financial Services Centres Authority provides multiple fiscal incentives that reduce operational costs and improve investment returns. These advantages make GIFT City an attractive destination for companies seeking tax efficiency while expanding their presence in India. It is also an ideal location for organisations planning Company Registration consultant in india while gaining access to global financial markets. Income Tax Benefits Fund managers operating within GIFT City can claim a 100% income tax exemption for ten consecutive years within a fifteen-year period. During this time, profits earned from fund management activities remain exempt from taxation, which supports early-stage growth and capital accumulation. If the Minimum Alternate Tax (MAT) becomes applicable, companies may still benefit from a reduced MAT rate under Section 115JB of the Income Tax Act. These provisions generally apply to profits generated through Special Economic Zone operations. GST and Custom Duties As GIFT City operates as a Special Economic Zone under the Special Economic Zones Act 2005, goods and services supplied to locations outside the SEZ qualify as exports and attract a 0% GST rate. Transactions conducted within the GIFT ecosystem are also treated as zero-rated supplies, which removes the burden of GST for many internal operations. Imports into the zone follow standard customs regulations. However, when such imports are later exported outside the SEZ, they are treated as zero-rated supplies and no GST is levied on these components. Businesses established in GIFT City can also utilise warehousing facilities that allow customs duty deferment or exemptions until the goods enter the domestic market. Particulars  Units in IFSC  Income Tax  100% tax exemption for 10 consecutive years out of 15 years MAT/AMT at 9% of book profits applies to company/other setups as a unit in IFSC. MAT not applicable to companies in IFSC opting for the new tax regime From April 01, 2020, dividend income distributed by company in IFSC will be taxed by the shareholder Goods & Services Tax  No GST on services received by units in IFSC No GST on services provided to IFSC/SEZ units or offshore clients GST applicable on services provided to DTA Other Taxes Duties  State subsidies including lease rental, PF contribution, and electricity charges Special Economic Zone (SEZ) Advantages A Special Economic Zone is a designated region within a country that enjoys relaxed financial and regulatory policies compared to the domestic economy. Such zones are created to attract global businesses, increase foreign investment, and stimulate economic development. For a rapidly developing economy such as India, SEZs play a critical role in strengthening global trade and investment flows. Establishing operations in Gujarat International Finance Tec-City allows businesses to fully leverage these SEZ advantages. Companies operating within the zone benefit from duty-free import and export of goods and services, along with a regulatory environment designed to support international finance. However, the advantages of GIFT City extend beyond tax benefits alone. Unlike many SEZs in India that focus primarily on manufacturing, GIFT City is specifically designed for financial services and related sectors. Its strategic location and strong regulatory integration enable seamless connectivity with global financial markets, positioning it as a unique international financial hub within India. Regulatory Framework and Compliance in GIFT City International Financial Services Centres Authority (IFSCA) functions as the unified regulator governing all financial activities within Gujarat International Finance Tec-City. Established in 2020 and headquartered in Gandhinagar, IFSCA oversees the development and regulation of financial products, institutions, and services within India’s International Financial Services Centres. At present, GIFT City remains the only operational IFSC in India. Prior to the formation of IFSCA, regulatory oversight was shared among multiple authorities such as the Reserve Bank of India, Securities and Exchange Board of India, Pension Fund Regulatory and Development Authority, and Insurance Regulatory and Development Authority of India. Because financial services within an IFSC are closely interconnected, the … Read more

US Tariffs on Indian Imports: All You Need to Know

US Tariffs on Indian Imports: All You Need to Know

Recent U.S.–India trade relations developments have stirred discussions across global markets. The United States’ announcement of a 90-day pause on reciprocal tariffs signals caution and cooperation. While a 10% baseline tariff remains in effect, the temporary suspension offers space for negotiations. For Indian exporters, this period presents both challenges and critical opportunities for strategic realignment. Understanding the Tariff Pause and Its Immediate Implications On April 9, 2025, the U.S. administration declared a 90-day delay in implementing the 26% reciprocal tariff on Indian imports. However, the 10% baseline tariff introduced on April 5 applies to all countries, including India. The 90-day US tariff pause offers a crucial window for India to initiate strategic negotiations, with the objective of finalising a mutually beneficial agreement Reciprocal Tariff Suspension: India now has 90 days to negotiate a trade framework that could permanently remove or reduce the proposed 26% duty. Baseline Tariff Continues: All countries’ standard 10% import tariff remains in effect. This could marginally impact pricing but allows time for exporters to adjust. Negotiation Opportunity: Both nations are actively engaging in developing a multi-sectoral Bilateral Trade Agreement (BTA). The aim is to reduce trade barriers and enhance cooperation. The tariff suspension allows Indian industries to regroup and strategise their next moves while maintaining current export levels. Impact on India’s Electronics Sector India’s electronics sector is one of the biggest beneficiaries of the tariff pause. Exemptions granted to this industry offer it a competitive edge, especially against other Asian markets. Electronics exports have surged, and this momentum could translate into long-term gains. Electronics Products Under Tariff Exemption The U.S. has excluded several consumer and industrial electronics from the 26% tariff proposal. These products now enjoy temporary zero-duty status. Consumer Electronics: Smartphones, PCs, laptops, hard drives, processors, and memory chips are exempt. These items form the core of India’s electronics exports. Industrial Electronics: Semiconductor machines, communication tools, solar cells, flat-panel displays, and AI servers are exempted. This reduces cost barriers for large-scale Indian manufacturers. Strategic Classification: The electronics category is expected to fall under a broader semiconductor-specific industry bracket. This could ensure long-term exemptions and incentives. India’s Export Performance in Electronics The industry is rapidly growing, primarily fueled by government support and global demand. Export Growth: India’s electronics exports reached US$22.5 billion in the first eight months of FY 2024–25. This marks a 28% rise over the same period in FY 2023–24. Smartphone Surge: Smartphone exports alone hit US$13.11 billion, up 45% from US$9.07 billion in the previous year. This accounts for 58% of total electronics exports. PLI Scheme Impact: The Production Linked Incentive (PLI) scheme has been instrumental. It has encouraged global tech firms to ramp up production in India. Strategic Opportunity for India India’s electronics sector is at a turning point. Continued tariff exemptions could fuel long-term growth and investment. Tariff Edge over China: India enjoys a 20% tariff advantage over China. This gives it a strong edge in attracting global supply chains. Global Expansion: Companies like Apple are now scaling up operations in India. This could make India a central hub for global tech manufacturing. Domestic Value Addition: The government is focused on doubling value addition in electronics manufacturing. This will strengthen India’s position vis-à-vis South-East Asian economies. The tariff pause, if extended, could cement India’s place as a leading electronics exporter. Impact on the Pharmaceutical Sector While the initial 10% tariff excluded pharmaceuticals, the landscape is changing. New developments suggest growing pressure on India’s pharma exports to the U.S. The next phase of tariff implementation could include drugs and active pharmaceutical ingredients (APIs). Policy Shifts and Investigations The U.S. government is moving towards self-reliance in drug manufacturing. This has led to new investigations that may impact imports from India. Section 232 Investigation: Citing national security, the Trump administration has launched a review under Section 232 of the Trade Expansion Act to reduce the U.S. dependency on foreign pharmaceuticals. Future Tariff Risks: Although currently exempt, pharmaceuticals may soon face separate tariffs. This could disrupt the global supply chain and price structure. National Security Justification: The move places pharma in the same policy zone as steel and semiconductors. It could lead to broader regulatory action. India’s Pharma Export Landscape India is a critical supplier of generic medicines to the U.S. Any tariffs here could significantly affect revenues and market strategies. Export Volumes: India ranks third globally in pharmaceutical production by volume. It exports to nearly 200 countries, with the U.S. as the top destination. Generic Drug Dependence: Most exports consist of generics. Tariff hikes may challenge cost recovery and reduce profit margins. Short-Term Disruptions: Pharmaceutical companies may experience shipping delays and price fluctuations. Supply chain adjustments will be essential. Strategic Response and Outlook Indian pharma firms must act quickly to adapt to the evolving regulatory climate. Diversification Needed: Companies should look beyond the U.S. and explore Europe, Africa, and Southeast Asia. This will reduce their dependency on one market. Product Mix Shift: Focus on high-margin, niche pharmaceuticals can offset lower margins on generics. R&D investments will be crucial. FTA as a Path Forward: India is pursuing FTAs to stabilise trade conditions. These agreements could reduce future tariff risks and expand market access. In the short term, India must use the 90-day window to reinforce its trade position. Long-term competitiveness will depend on agility and innovation. MFN Drug Pricing Policy: A New Challenge for Indian Pharma The U.S. government’s “Most Favoured Nation” drug pricing policy could reshape global pharmaceutical pricing dynamics. For India, this means tighter profit margins and market pressures. The policy aims to align U.S. drug prices with those in the lowest-cost countries. Profitability Impact: Indian pharma firms may be forced to lower prices in the U.S. This could squeeze margins and limit R&D budgets. Global Price Shift: Companies might raise prices in other markets to maintain margins, which could impact patients in developing countries. Trade Strategy Shift: Indian firms must revise global pricing strategies. Balanced pricing will be key to sustaining global reach. The MFN policy adds urgency to diversify markets … Read more

Navigating Legalities and a Comprehensive Guide to Setting Up an Entity in India

Navigating Legalities and a Comprehensive Guide to Setting Up an Entity in India

India, with its rapid economic growth and vast market potential, presents a compelling opportunity for foreign entities looking to expand their business. As one of the fastest-growing economies among emerging markets, India offers a unique blend of a large consumer base, a favourable tax structure, low operational costs, and robust trade networks. Let us explore the details of setting up an entity in India, covering the key considerations, regulatory requirements, and strategic insights necessary for a successful entry.

Why Invest in India?

India’s robust economic growth, large consumer market, and favourable government policies make it an attractive destination for global investors. The country’s strategic location, strong ties with major economies, and initiatives like “Make in India” further enhance its appeal.

Economic Overview

India is one of the largest and fastest-growing democracies in the world, with a projected GDP growth of 6.7% for 2025-26. The economy is expected to reach a valuation of approximately US$5.3 trillion by 2027. Currently, India is the 5th largest economy globally and the 3rd largest by purchasing power parity on a per capita basis. With a middle-class population exceeding 500 million, India has the 5th largest consumer market globally, projected to become the 3rd largest by 2027.

Demographic Advantages

India has the largest adolescent and youth population globally, with a median age of 28.2. Approximately 65% of the population is below 35, providing a significant demographic dividend. This young and dynamic workforce is a key economic growth and innovation driver.

Digital Economy

India ranks 2nd in global telecommunication, computer, and information services exports, with 954 million internet subscribers. The number of tech startups in India grew from 2,000 in 2014 to 31,000 in 2023. According to the Global Innovation Index (GII) 2024, India ranked 39 out of 133 countries, reflecting its growing digital economy and innovation ecosystem.

Government Incentives

The Indian government has introduced several initiatives to boost the economy and attract foreign investment. These include:

Production-Linked Incentive (PLI) Schemes

With an allocation of INR 1.97 trillion (approximately US$23.3 billion) for 14 production-linked sectors, the PLI program has attracted INR 12.50 trillion in investments and created 950,000 jobs. Exports have surpassed INR 4 trillion, driven by electronics, pharmaceuticals, and food processing sectors.

GIFT City

India’s first International Financial Services Centre (IFSC) in Gujarat aims to boost global financial services by providing financial incentives, regulatory freedom, and world-class infrastructure.

Semiconductor Ecosystem Development

“Semicon India” aims to reduce reliance on semiconductor imports with a significant investment of approximately INR 760 billion (US$8.99 billion).

Startup India

India is home to over 156,000 recognised startups, ranking 3rd globally in the number of startups. These startups benefit from favourable tax reforms and the abolition of the angel tax. Tax incentives include a 100% deduction on profits and gains for three consecutive years within their first decade of operation. Non-resident investments up to INR 100 million in startups are exempt from certain taxes.

Unified Payments Interface (UPI)

India leads in digital payments, processing nearly 46% of global real-time transactions. The total UPI transaction volume from January to November 2024 was INR 223 trillion.

Investment Opportunities

India offers a wide range of investment opportunities across various sectors. Foreign Direct Investment (FDI) inflows reached US$70.95 billion in FY 2023-24, with equity inflows amounting to US$44.42 billion. The “Make in India” initiative has attracted unprecedented FDI, making India a strategic choice for global investors.

Regulatory Framework

Foreign investment in India is allowed in almost all sectors, with the remaining sectors requiring approval. FDI can be made under two routes:

Government Route

Approval from the Government of India, the Ministry of Finance, and the Foreign Investment Promotion Board (FIPB) is required.

Automatic Route

No approval from the Government of India is required for the investment.

Prohibited Sectors

Investment is not allowed in specific sectors.

Establishing a Presence in India

Foreign companies must choose the entity structure that aligns with their business objectives to establish a strong presence in the Indian market. Options include unincorporated entities (Liaison Office, Branch Office, Project Office) and incorporated entities (Private Limited Companies, Limited Liability Partnerships, Joint Ventures).

Setting Up Unincorporated Entities – For Exploring the Markets in India

Structure India Liaison Office/ Representative Office India Branch Office India Project Office
Role/Purpose A tool to explore market opportunities in India and promote the parent company’s business activities Extension of a Parent Company engaged in the same activity as the parent Established to manage large-scale projects like major construction, civil engineering, and infrastructure development
Eligibility/Prerequisite/Criteria for Setup Applicant, a Foreign entity, should have:

Applicant, a Foreign entity, should have:

• 3 Years of Profitable Track Record in Home Country

• Net Worth > USD 50,000 or equivalent

 

Applicant, a Foreign entity, should have:

 

• 3 Years of Profitable Track Record in Home Country

• Net Worth > USD 50,000 or equivalent. Applicant, a Foreign entity, should have:

• 5 Years of Profitable Track Record in Home Country

• Net Worth > USD 100,000 or equivalent

 

• FC should have secured a contract to execute a project in India from an Indian company and

 

Time Frame for Incorporation ~ 1.5 Months ~ 2 Months Registration: ~15 days.
Prohibited Business Activity Not allowed to undertake any business activity in India. Only acts as a communication channel Manufacturing and Processing Activities, Retail or Trading Activities in India Activities other than those related to the specific project
Validity ~Generally, for 3 years (Renewal of registration – Permissible) No specific time frame, generally 2-3 years As per the tenure of the project
Permissible Activities 1. Representing Parent Company (PC) in India

2. Promoting export/import between India and the parent company

3. Facilitating technical/financial collaborations

4. Acting as a communication channel between the PC and Indian companies

5. Conducting market research

 

1. Export/Import of goods

2. Providing professional/consultancy services

3. Conducting research in PC field

4. Software development/IT services

5. Promoting technical collaborations

6. Acting as a buying/selling agent for PC (not retail trading)

7. Rendering back-office services

 

1. Executing a specific contracted project

2. Activities directly related to project execution

3. Procuring materials for the project

4. Hiring project-specific staff

5. Managing project finances

Revenue Cannot earn any income in India. Can earn only from activities allowed by the RBI.
Expenses to be met from Inward remittances from the Parent Company Inward remittances from the Parent Company or

Project-specific funding sources

Inward remittances from the Parent Company
Tax Rate Not subject to taxation as no commercial activity is allowed. ~35% depending on income. (Budget 2024) ~35% (Budget 2024)
Remittances back to HO Not Applicable as they cannot earn any Income in India.

Common Conditions

Regulatory framework The FEMA Regulations and Companies Act 2013 regulate the set-up operations and closure of LO/BO/POs. All three entities require RBI approval to be established.
Indian Representative Parent Company must appoint an Indian Resident with a valid PAN as a local authorized representative (Mandatory Requirement)
Annual filing File Annual Activity Certificates (AAC) from Chartered Accountants, at the end of March 31, along with the audited Balance Sheet on or before September 30 of that year
Net Worth As per the latest Audited Balance Sheet or Account Statement certified by a Certified Public Accountant or any Registered Accounts Practitioner by whatever name
Entity Name Must be the same as the Parent Company
Bank Account All three forms of entities are required to maintain a Bank account in India
Liabilities Parent Company’s liability is unlimited for all acts and omissions of LO/BO/PO

Setting Up Incorporated Entities – For Expanding in India

Structure Limited Liability Partnership Private Limited Company/Wholly Owned Subsidiary
Governed by The Limited Liability Partnership Act 2008 The Companies Act 2013
Charter Documents LLP Agreement Memorandum of Association and Articles of Association
Permissible Activities More suited for the Service sector All types of business activities are permitted, such as in the Manufacturing/Marketing/Service sectors
Ownership and Management Min 2 Designated Partners (DP)* Min 2 Directors and Min 2 Shareholders*
Indian Representative (Mandatory Requirement) Mandatory to have at least 1 DP who is an Indian Resident (i.e., residing in India for 121 days or more during the Financial Year) Mandatory to have at least 1 Director who is an Indian Resident (i.e., residing in India for 183 days or more during the Financial Year)
Annual Compliances • LLP is not mandatorily required to conduct Board meetings or AGM. • 4 Board Meetings are mandatory in the Calendar year

 

Foreign Investments (FDI) Foreign investments are allowed only where 100% FDI is allowed by the automatic route Foreign investments are allowed subject to FDI Policy
Funding LLPs raise funds through contributions from Partners and loans from Banks and Financial Institutions Companies can raise funds from angel investors and venture capitalists and also have an option for raising funds via debt
Winding up Easy Difficult
Punishment for Default Mild to Moderate High
Other Statutory Compliances Medium High
Taxation Rates 30% ~25 to 30%*
Entity Name Must be unique and acceptable as per the Companies Act, 2013 or LLP Act, 2008.

 

– No minimum capital requirement.

 

Validity Perpetual Succession or will continue until its dissolution/as stated in the LLP Agreement
Management* Even a Body corporate can be a Shareholder/Designated Partner
Time Frame for Incorporation ~ 1 Month
Staff hiring Can Hire Local and Foreign Staff

Tax Rates on Repatriation of Funds

Particulars

Tax Rate

Taxable in the hands of

Dividend 10.00% Recipient – Resident shareholder
Dividend 20.00% * Recipient – Non-resident Shareholder
Royalties 20.00% * Recipient – Non-residents
Fees for Technical Services 20.00% * Recipient – Non-residents
Capital Gains Tax Different Tax Rate CG tax will be payable on the gains arising out of the share valuation at the time of winding up/closure of the Company/WoS.
Tax on Buyback Taxed as per the recipient investor’s respective slab rate. – Income from share buy-back will be treated as taxable as dividend income.
Tax on Slump Sale 12.50% In case the Business undertaking is held for more than 36 months and transfers its business undertaking for a lump sum consideration, the gains from the Slump Sale will be long-term in nature and the tax rate will be as mentioned alongside.

*Subject to rates mentioned in the Double Tax Treaty Agreement, whichever benefits the Non-resident individual.

Why Choose India Company Incorporation?

Company Registration consultant in india is a leading business solutions provider, specialising in helping foreign companies navigate the complexities of setting up and operating a business in India. Our comprehensive approach ensures that your entry into the Indian market is smooth, compliant, and strategically aligned with your business goals. Here’s why you should choose InCorp Global:

Expert Guidance:

Our experienced consultants navigate the complexities of setting up a business in India, ensuring compliance with all regulatory requirements.

Smooth Entry:

We streamline the process, making your business entry into India as seamless as possible.

Growth Support:

InCorp is committed to helping your business grow by identifying and leveraging new opportunities.

Comprehensive Services:

From incorporation to ongoing compliance, we offer a full suite of services to support your business at every stage.

Local Insights:

Our team provides valuable insights into the Indian market, helping you make informed decisions.

For more information, please contact us at [email protected] or (+91) 77380 66622.


Need Expert Guidance?

Get professional support to simplify your business decisions.

Conclusion

Investing in India offers businesses significant opportunities due to the nation’s economic growth, large and young population, government support, low labour cost, and favourable demographics. The government has implemented numerous reforms, such as the Bankruptcy Code, Corporate Tax Cuts, and Relaxed Foreign Ownership rules, to facilitate smoother business operations. With India’s growth potential, it is an excellent addition to any business’s global portfolio.

Company and LLP Registration Online – How to Register & Incorporate a Company and LLP in India

Setup your business services with - india company incorporation

India offers significant opportunities for global businesses and investors. If you are considering entering the Indian market, registering an entity is a critical first step. Over the years, the registration procedure has been streamlined to promote ease of doing business, with LLP company registration online becoming increasingly popular among entrepreneurs. Let us walk you through the complete LLP registration process for two key business entities in India. It covers everything from choosing the right business structure to the specific steps required to register a company or LLP. Quick Summary: Steps for Company and LLP Registration Process in India Step Description Step 1 Choose the right business entity (, LLP, Pvt Ltd, etc.) Step 2 Reserve business name and file incorporation application (SPICe+ or FiLLiP) Step 3 Obtain PAN and TAN from the Income Tax Department Step 4 Open a company bank account and bring in initial capital Step 5 Register for GST and other licenses as required (Shops Act, EPF, etc.) Complete Steps In the Formation Of An LLP Company Company formation in India involves several critical steps, starting with selecting the appropriate business entity that aligns with your goals. Listed below are the step-by-step procedures for LLP company formation in India. Step 1: Choose the Right Business Entity in India Selecting an appropriate business entity is the foundational step when registering a company in India. It determines your legal status, compliance obligations, investment options, and liability. India offers several top business entities, each with its own features and suitability for different situations. Step 2: Fulfill Key Requirements (Documents Required For Company Registration, Digital Signatures, etc.) Once you have chosen the business structure, prepare the necessary prerequisites to register the entity officially: Name Reservation: Decide on a unique name for your business. Company names must adhere to the Companies Act rules – a proposed name should not infringe on trademarks and typically must include a word relevant to the business, plus a suffix indicating the entity type. You can check name availability on the MCA portal and through trademark databases. You must decide on a name relevant to your business with a suffix that indicates the entity type. It’s wise to have a few alternatives if your first choice is rejected. You can reserve the name for companies by filing Part A of the SPICe+ form online. Digital Signature Certificates (DSC): Since almost all registration filings in India are online, you will need digital signatures for the key people involved, specifically for all proposed directors of a company or designated partners. Director Identification Number (DIN): A DIN is a unique ID number for individuals who serve as directors on an Indian company’s board. If you are incorporating a new company, you don’t need to apply for a DIN separately. It is now auto-allotted as part of the company registration (SPICe+) process. In the incorporation form, you must provide the required personal details and proof of identity. Step 3: Lodging the Incorporation Documents with Government Departments Once you have prepared all the necessary documents and gathered the prerequisites, you must submit the incorporation documents to the relevant government departments for approval. This is a crucial step in the company registration process in India. Submitting the Incorporation Documents For Private Limited Companies, the incorporation documents must be submitted through the Ministry of Corporate Affairs (MCA) portal. The appropriate form filings for LLP Incorporation in India include the following: Director Identification Number (DIN) and Digital Signature Certificate (DSC) for the proposed directors: – DIN is required for individuals who will serve as directors on the company’s board. It’s now auto-allotted as part of the registration process through the SPICe+ form. – All the proposed directors must obtain a Class 3 DSC to digitally sign and submit the application forms online. Name Reservation: – Choose a unique company name that complies with the Companies Act regulations. You can check name availability on the MCA portal and trademark databases. – Name reservation is handled through Part A of the SPICe+ form. Memorandum of Association (MOA) and Articles of Association (AOA): – These documents outline the company’s scope of business and the rules governing its operation. They must be filed along with the incorporation documents. Proof of Registered Office Address: – You will also need to provide proof of the registered office address where the business will be conducted. This could be a utility bill or a rent agreement. Other Documents (if applicable): – You may be required to submit additional documents depending on the nature of your business and the type of entity. For example, foreign entities may need to submit proof of compliance with Foreign Direct Investment (FDI) regulations and approvals from the Reserve Bank of India (RBI). Filing the Forms Once all documents are prepared, you must file the required SPICe+ (for companies) or FiLLiP for LLPs) form online via the MCA portal. Step 4: Obtain Permanent Account Number (PAN) and Tax Account Number (TAN) After incorporation, you must secure the following: Permanent Account Number (PAN): Mandatory for all businesses in India. Tax Deduction and Collection Account Number (TAN): Required for businesses that deduct tax at source (TDS). For Private Limited Companies, both PAN and TAN are issued along with the certificate of incorporation. For other business entities, PAN must be applied for through the Income Tax Department, while TAN should be applied for separately if your business is subject to TDS. Step 5: Open a Bank Account and Bring in Capital Open a Bank Account and Inject/ Infuse Capital. After receiving the certificate of incorporation and PAN, you should: – Open a Current Account in the company’s name for business transactions. – Deposit the Initial Capital as agreed upon for shareholding into the company’s bank account. – If your business involves foreign investment, report the FDI to the RBI. You must submit the FC-GPR form within 30 days of share allotment. Step 6: Register for GST and Other Business Licenses GST Registration: is required if your annual turnover exceeds the prescribed … Read more

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