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Foreign Portfolio Investment (FPI) in India 
Foreign Direct investment
CA. Kapil Mittal

Foreign Portfolio Investment (FPI) in India 

Similar to Foreign Direct Investment, Foreign Portfolio Investment (FPI) is a most explored way of investment in India. Foreign Portfolio Investment allows an investor to invest in multiple securities in foreign country such as shares, bonds, fixed deposits etc. 

Unlike FDI, investment in FPI is done for the purpose of getting return and not for the purpose of control. FPI is controlled in India through Security and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2014.

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Foreign Direct Investment (FDI) Policy in Broadcasting & Print Media
Foreign Direct investment
CA. Kapil Mittal

Foreign Direct Investment (FDI) Policy in Broadcasting & Print Media

FDI for TV channel up-linking/down-linking shall be subject to compliance with relevant Ministry’s policies.

The foreign investment (FI) in companies offering aforementioned services subject to Ministry’s specified regulations and conditions specified from time to time.

The foreign investment (FI) limit in companies engaged in the aforestated activities shall include, in addition to FDI, Foreign Portfolio Investors (FPIs), Qualified Foreign Investors(QFIs),  Non-Resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entities. 

Foreign investment in broadcasting carriage services subject to specified security conditions/terms.

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Foreign Direct Investment (FDI) Policy in Civil Aviation
Foreign Direct investment
CA. Kapil Mittal

Foreign Direct Investment (FDI) Policy in Civil Aviation

India’s civil aviation sector has undergone significant transformation in recent years, fueled by liberalization measures and strategic policy interventions. India’s air travel industry has changed a lot lately because of new rules and government decisions. One big part of this change is how foreign companies can invest in Indian airlines. This policy is really important for how the industry grows. 

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Permanent Establishment
Income tax Assessments
CA. Kapil Mittal

Mere establishment of Subsidiary in India does not tantamount to Having Permanent Establishment in India

The Assessee is a company based out in Austria. The Assessee is having a Subsidiary Company in India. The Appellant has received software-related services income during the year. Apart, The Company also received reimbursement of expenses from Indian Subsidiary. However, the Company claimed the same as exempted Income as expenses are recovered on cost to cost basis without any markup. Further, the Company also supplied goods to Indian Entities on a principal to principal basis. The Ld. AO Charged Income tax on reimbursement of expense claiming that such income pertains to technical income provided to Indian subsidiary. Further, AO assumed that entire sales in India are made through Indian Subsidiaries. The Asseesee has a fixed place of business in India in the form of Indian Subsidiary. The ‘core business’ of the assessee is conducted through Mosdofer India Private Limited. Therefore, profit attributable to such PE is taxable in India.

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RBI issued circular
Exports
CA. Kapil Mittal

RBI issued circular on regulation of Payment Aggregator-Cross Border

Reserve Bank of India (RBI) has issued a detailed circular on the regulation of Payment Aggregator-Cross Border (PA-CB) vide RBI/2023-24/80 CO.DPSS.POLC.No.S-786/02-14-008/ 2023-24 dated 31st October, 2023. Processing of payment or receipts transactions in cross-border transactions is not something an Individual entity can do itself. All these facilities are provided by Payment Aggregator through Payment gateways.

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Foreign Direct Investment (FDI)
Foreign Direct investment
CA. Kapil Mittal

Procedure of obtaining Government approval for Foreign Direct Investment (FDI)

Foreign Direct Investment means any investment made by a person resident outside in Indian Companies through equity instruments or in LLPs through capital contribution. When India is in the direction of becoming a developed country, interest of persons resident outside India is increasing substantially in Indian Entities. As the foreign funding is increasing, the regulation by the Central Government is also increasing on FDIs.

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