Tag: Foreign Investment
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RBI Introduces Rupee-Denominated Bonds Regime
[Posted by Umakanth Varottil] [The following guest post is contributed by Vinod Kothari of Vinod Kothari & Co.] Continuing with some other recent moves to liberalise the options of raising debt from external sector, the Reserve Bank of India (“RBI”) on 29 September, 2015 announced new guidelines (the “Guidelines”) for issuance of rupee-denominated bonds (“RDBs”) overseas. The Guidelines are…
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Foreign owned or controlled companies: Is sharing of office infrastructure real estate business?
[Posted by Umakanth Varottil] [The following guest post is contributed by Vinod Kothari of Vinod Kothari & Co.] If a company wholly or majorly owned by non residents allows group or subsidiary companies to share your photocopier, or server, or staff, are you engaged in “real estate business”? The question itself must have startled most:…
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The Introduction of Real Estate Investment Trusts (REITS) In India
[Posted by Umakanth Varottil] [The following guest post is contributed by Dhanush. M, a 5th year student at the Jindal Global Law School] `Leverage without supporting cash flows could be the death knell for the real estate industry`. The present state of the Indian real estate industry could be a testament to this adage where the total…
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Composite Caps for Foreign Investment Formalized
[Posted by Umakanth Varottil] We had earlier discussed the Union Cabinet’s decision to create composite caps for foreign investment under various categories. That decision has now been formalized in the form of Press Note No. 8 of 2015 issued by the Department of Industrial Policy & Promotion, Government of India (“DIPP”). In the previous post,…
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Participatory Notes
[Posted by Umakanth Varottil] [The following guest post is contributed by Rishi A, a fourth year student of Hidayatullah National Law University] Introduction The Supreme Court appointed Special Investigations Team (“SIT”), in its report on how best to curb black money, made a number of recommendations. One of these was to check the misuse of participatory…
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Composite Caps for Foreign Investment
[Posted by Umakanth Varottil] Normal 0 false false false EN-US JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:”Times New Roman”;} Although liberalized over time, caps on foreign investments in select sectors have been a hallmark of India’s foreign investment policy.…
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Lack of Regulatory Clarity on Foreign Investment in the Insurance Sector
[Posted by Umakanth Varottil] [The following guest post is contributed by Nivedita Shankar, Senior Associate, Corporate Law Division, Vinod Kothari & Company. The author may be reached at nivedita@vinodkothari.com]. An increase in the threshold limit for foreign investment in insurance companies has been hailed as a major thrust for the insurance sector, which has seen…
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DIPP Clarification on NRI Investments
[Posted by Umakanth Varottil] [The following guest post is contributed by Dipanjali Nagpal of Vinod Kothari & Co. The author may be contacted at corplaw@vinodkothari.com. This post follows upon an earlier more brief post on the topic.] The Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India reviewed the…
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The Applicability of Minimum Alternate Tax to Foreign Investors
[Posted by Umakanth Varottil] [The following guest post is contributed by Abhik Chakraborty, who is a 4th year student at NUJS, Kolkata] The Supreme Court in Ajanta Pharma Ltd. V. Commissioner of Income Tax-9, Mumbai [1] has clarified that the intent with which the provision related to minimum alternate tax (MAT)[2] was inserted in 1996…
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Liberalization of Investments by Non-Resident Indians
[Posted by Umakanth Varottil] Non-resident Indians (NRIs) have long been considered as a separate category of investors who have enjoyed some privileges compared to other classes of foreign investors. NRIs have been allowed to investment either on a repatriable basis (with more stringent norms) and on a non-repatriable basis (with less stringent norms). Earlier this…