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1.
HABIBULLAH & CO.
CHARTERED ACCOUNTANTS © Habibullah & Co. Chartered Accountants, India CHANGES IN FOREIGN DIRECT INVESTMENT POLICY Sl. Sector Existing Regulations Liberalised Rules 1. Trading in food products manufactured / produced in India No regulation 100 per cent FDI under approval route for trading, including through e-commerce, in respect of food products manufactured/ produced in India 2. Defence FDI up-to 49 per cent allowed under automatic route. Beyond, 49 per cent under approval route in cases where such FDI was likely to result in: a) Access to modern technology; and b) State of the art technology in the country FDI beyond 49 per cent under approval route in cases where Such FDI is likely to result in access to modern technology or for other reasons to be recorded. The condition of access to state-of-art technology in the Country has been done away with. FDI limit has now been made applicable to manufacturing of small arms and ammunitions covered under the Arms Act, 1959 3. Broadcasting carriage services: Teleports Direct to home Cable Networks Mobile TV Headend-in the Sky Broadcasting services Cable networks FDI was allowed up to 49 percent under automatic route and thereafter up to 100 percent under approval route. FDI is now allowed up to 100 per cent under automatic route Infusion of fresh foreign investment, Beyond 49 per cent, in a company not seeking license / permission from sectoral ministry, resulting in change in ownership pattern or transfer of stake by existing investor to new Foreign investor, will require government approval. 4. Pharmaceutical Greenfield projects – 100 per cent FDI was allowed under automatic route Brownfield project – 100 per cent FDI was allowed under approval route Greenfield projects – 100 per cent under automatic route Brownfield projects - FDI up-to 74 per cent is allowed under automatic route. Beyond 74 percent approval route would continue to apply 5. Civil Aviation Airports Greenfield projects – 100 per cent under automatic route Airports Greenfield projects – 100 per cent under automatic route Brownfield project – 100 per cent under automatic route.
2.
HABIBULLAH & CO.
CHARTERED ACCOUNTANTS © Habibullah & Co. Chartered Accountants, India Brownfield project – 74 per cent under automatic route and thereafter, up to 100 per cent under approval route. Airport Transport Services FDI up to 49 per cent under automatic route Airport Transport Services FDI up-to 100 percent is allowed, up-to 49 percent under automatic route. Beyond 49 percent through approval route (other than in case of investment by foreign airline, where FDI up to 49 per cent is allowed) 6. Private Security Agencies 49 percent FDI was allowed under approval route FDI up-to 49 per cent under automatic route and Beyond 49 per cent and up-to 74 per cent under approval route 7. Establishment of branch office (BO), liaison office (LO) or project office (PO) Separate clearance from Reserve Bank of India / security clearance was required for establishment of BO/ LO/ PO in Defence, Telecom, Private Security and Information and Broadcasting sectors This is most important amendment and henceforth no such approval shall be required in cases where approval is granted by Foreign Investment Promotion Board (FIPB) or concerned ministry / Regulator. 8. Animal Husbandry 100 percent FDI was allowed under automatic route subject to compliance with controlled conditions The controlled conditions prescribed have been done away with. 9. Single Brand Retail Trading In cases involving FDI beyond 51 percent, 30 percent of value of Goods purchased were to be sourced from India. The sourcing requirements have been relaxed up to three years For entities having ‘state-of-art’ and cutting edge’ technology the sourcing norms have been relaxed for another 5 years Our Comments As part of a second wave of big bang reforms, the government on 20th June approved 74% FDI in brownfield pharma and 100% FDI in Greenfield projects, both under the automatic route With the government giving the green signal to 100 per cent foreign direct investment (FDI) in trading of food products manufactured or produced in India, including through e-commerce, we feel that the measure will reduce wastage, curb inflation and will be beneficial for the farmers. India is the second largest producer of fruits and vegetables in the world. However, it has very limited integrated cold chain infrastructure and storage facilities, causing heavy losses to farmers in terms of wastage in quality and quantity of the fruits and vegetables. This change is likely to benefit farmers paving way for creating robust backend infrastructure and giving end consumers access to good quality food products. The government announced sweeping changes in India's foreign direct investment policy, opening up the airline business to 100 per cent ownership, relaxing rules for single brand retail and defence and
3.
HABIBULLAH & CO.
CHARTERED ACCOUNTANTS © Habibullah & Co. Chartered Accountants, India putting most sectors on the automatic approval route. The other changes on Defence, Single brand retail trading are also likely to facilitate further foreign investment as some of the conditions acting as impediment have been relaxed. The above changes clearly exhibit the consistent approach of GoI in opening various sectors for foreign Investment in India along with the measures taken improve ease of doing business in India. India is now the most open economy in the world for foreign direct investment, Prime Minister Narendra Modi said, hailing the new rules. The above radical changes have opened the door for larger foreign investment in the country. In a major amendment government has decided to do away with the requirement of separate security clearance or Reserve Bank approval for setting up branches or liaison offices by foreign companies dealing in defence, telecom, private security or information and broadcasting if the requisite approval of the FIPB or the ministry or regulator concerned is in place. Now most of the sectors would be under automatic approval route, except a small negative list and this decision of Indian Government to further liberalise the FDI regime shall help to attain the objective of providing major impetus to employment and job creation in India.
4.
HABIBULLAH & CO.
CHARTERED ACCOUNTANTS © Habibullah & Co. Chartered Accountants, India About Us Habibullah & Co. (HCO) is a professional services firm providing audit, assurance, tax, financial advisory and consulting services to a wide range of publicly traded and privately held companies, guided by core values including competence, honesty and integrity, professionalism, dedication, responsibility and accountability. At HCO, the interests of our clients are paramount. Our focus on the mid-market means we have a real understanding of the environment in which our clients operate and are ideally placed to help them grow and prosper. Who we are and what we stand for Established 1962 10 Partners 100 + staff 6 offices across India International Representation through “Antea- Alliance of Independent Firms” Member Firm of The Institute of Chartered Accountants of India since 1962 Registered with all major Government Regulators in India Our Services Accounting and Auditing Business Setups in India Tax Compliance, Planning and Management Transfer Pricing Advisory Business Advisory Contact Us For any assistance contact our Managing Partner for International relations: CA. Vivek Agarwal E: vivek@hcoca.com T: +91-98391-19370 Office in India New Delhi Lucknow Gorakhpur Patna Ranchi Varanasi Mau Associates at Kolkata Mumbai Allahabad Agra Email info@hcoca.com Website www.hcoca.com Follow Us Unsubscribe Reply to this mail with subject “unsubscribe” Disclaimer This presentation is exclusively designed and prepared by Habibullah & Co. and no part of this can be reproduced without consent. While due care has been taken to draft this please obtain professional advice before taking any decision.
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