Section 79-Carry forward and set-off of losses in Income Tax

by Income Tax

Section 79 of the Income Tax Act pertains to the carry forward and set-off of losses in case of certain companies, primarily addressing restrictions on carrying forward losses when there is a change in the company’s shareholding. Below is a summary:

  1. General Restriction:
    Losses incurred in prior years cannot be carried forward if there is a significant change in shareholding during the previous year. Specifically, shares carrying at least 51% of voting power must be held beneficially by the same persons on:
    • The last day of the year when the loss was incurred, and
    • The last day of the previous year.
  2. Exceptions to General Restriction:
    • Eligible Startups: For companies qualifying under Section 80-IAC, losses can be carried forward if all shareholders of the year in which the loss was incurred remain shareholders in the year of set-off.
    • Family Transfers: Changes due to death or gifts to relatives are excluded.
    • Foreign Subsidiaries: Changes due to the merger or demerger of a foreign company are exempt if 51% of shareholders remain in the merged company.
    • IB Code Resolution Plans: Changes in shareholding approved under the Insolvency and Bankruptcy Code, 2016, are exempt.
    • Government Intervention: Shareholding changes in companies under Central Government’s intervention due to mismanagement are excluded.
    • Strategic Disinvestment: Former public-sector companies continue to carry forward losses if 51% of voting power remains with the original government-linked ultimate holding company​.

For more information on the above income tax provision, visit Groom Tax.

What Is A Foreign Direct Investment In India? | FDI GroomTax

What Is A Foreign Direct Investment In India? (FDI)

by Blog

If you often wonder, What is Foreign Direct Investment in India? Well, A foreign direct investment (FDI) occurs when a business or investor from outside the country buys a stake in the company. The phrase typically refers to a commercial decision to buy a substancial portion of a foreign company or to buy it altogether in order to expand its operations to a new area. It is not frequently used to refer to an investment in foreign firm stock.

 

How do FDIs Operate?

FDIs operate when companies that are thinking about making a foreign direct investment often only examine open economies with trained labour and above-average growth potential for the investor. The value of minimal government regulation is also common. FDI typically includes non-capital investments as well. It might also entail the provision of management, technology, and tools. The fact that foreign direct investment develops effective control over the foreign company, or at the very least significant influence over its decision-making, is one of its key characteristics.

 

 

What are the special considerations under FDI?

There are number of special considerations under FDI and here we’ll learn about them.

  • A foreign subsidiary or associate firm can be established, a controlling stake in an existing foreign business can be purchased, or a merger or joint venture with a foreign business can be made. These are just a few examples of the various ways that foreign direct investments can be made.
  • According to rules set by the Organisation for Economic Co-operation and Development (OECD), a foreign business must have at least a 10% ownership holding in order for foreign direct investment to acquire a controlling interest.
  • Its scope is open-ended. In some circumstances, obtaining less than 10% of a company’s voting shares can result in the establishment of an effective controlling interest in the business.

These are some of the special consideration under FDI

 

 

(FDI) Foreign Direct Investment in India

FDI or Foreign Direct Investment in India plays an important role. Foreign direct investment is a significant source of funding for India’s economic growth. After the crisis of 1991, India began its economic liberalisation, and FDI has steadily expanded ever since. India now ranks first internationally in the greenfield FDI ranking and is a member of the top 100-club for ease of doing business (EoDB).

 

Routes by which India receives FDI

Here are the routes by which India receives FDI

 * Automatic route: Automatic route is where the RBI or Indian government’s prior approval of the non-resident or Indian company for FDI is not necessary.

 

* Government route: Government route is where approval from the government is required. Through the Foreign Investment Facilitation Portal, which enables single-window clearance, the company will need to submit an application. After consulting with the Department for Promotion of Industry and Internal Trade (DPIIT), the Ministry of Commerce, the appropriate ministry receives the application and either approves or rejects it. The Standard Operating Procedure (SOP) for processing applications under the current FDI policy will be published by DPIIT.

 

Sectors that fall under the “up to 100% Automatic Route” category are

– Medical Devices: up to 100%

– Pension: 49%

– Infrastructure Company in the Securities Market: 49%

– Insurance: up to 49%

– Petroleum Refining (By PSUs): 49%

– Power Exchanges: 49%

 

The following industries fall under the “up to 100% Government Route” category:

– Banking & Public sector: 20%

– Broadcasting Content Services: 49%

– Mining & Minerals separations of titanium-bearing minerals and ores: 100%

– Core Investment Company: 100%

– Food Products Retail Trading: 100%

– Multi-Brand Retail Trading: 51%

– Print Media (publications/ printing of scientific and technical magazines/speciality journals/ periodicals and facsimile editions of foreign newspapers): 100%

– Print Media (publishing of newspapers, periodicals and Indian editions of foreign magazines dealing with news & current affairs): 26%

– Satellite (Establishment and operations): 100%

 

FDI Prohibition

FDI prohibition are a few sectors where all forms of FDI are outright forbidden. These sectors are

– Atomic Energy Generation

– Any Gambling or Betting businesses

– Lotteries (online, private, government, etc)

– Investment in Chit Funds

– Nidhi Company

– Agricultural or Plantation Activities (although there are many exceptions like horticulture, fisheries, tea plantations, Pisciculture, animal husbandry, etc)

– Housing and Real Estate (except townships, commercial projects, etc)

– Trading in TDRs

– Cigars, Cigarettes, or any related tobacco industry

 

Governmental measures to boost FDI into India

There are certain schemes and measures that government do in order to boos FDI into India

  • To entice foreign investment, government programmes like the 2020 production-linked incentive (PLI) scheme for electronics manufacturing have been announced.
  • The government’s revision of the FDI Policy 2017 to allow 100% FDI under the automatic route in coal mining activities increased the FDI influx in 2019.
  • The government confirmed in 2019 that investments in Indian firms involved in contract manufacturing are also permitted under the 100% automatic route if they are carried out through a valid contract, even though FDI in manufacturing was previously under the 100% automatic route.
  • The administration also allowed 26% FDI in the digital sectors. The market in India offers a considerable market opportunity for the foreign investors because of favourable demographics, significant mobile and internet penetration, massive consumption, and technology acceptance.
  • The Government of India’s online single-point interface with investors to assist FDI is known as the Foreign Investment Facilitation Portal (FIFP). It is managed by the Ministry of Commerce and Industry’s Department for Promotion of Industry and Internal Trade.
FDI investment is anticipated to rise
  • Foreign investors have expressed interest in the government’s efforts to privatise airports and allow commercial train operations
  • Future substantial investments are also anticipated in valuable industries like defence manufacturing, where the government increased the FDI quota under the automatic method from 49% to 74% in May 2020.

 

FDI AND FEMA

For nations where cash is scarce, foreign direct investment (FDI) has been a crucial source of funding. A person or organisation can invest money from abroad in an Indian company through foreign direct investment. The Foreign Exchange Management Act (FEMA), 1999, governs India’s foreign direct investment policy, which is overseen by the Reserve Bank of India (RBI). FDI is defined as an investment that is more than 10% in value or that is made from outside the country, according to data published by the Organization for Economic Co-operation and Development (OECD).

 

FEMA is a crucial resource for the expansion and development of numerous Indian industries. FEMA’s key goals are to encourage orderly growth, balance payments, and allow international trade while also maintaining India’s access to foreign currency. The following is a list of significant FEMA provisions for compliance with foreign investment:

– Foreign Assets and Liabilities as well as Annual Return

– Commercial loans from outside sources.

– Report on Annual Performance.

– Form for Advance Reporting.

– Single master form

– Form FC-GPR

  • FC-TRS Form
  • ODI form

Check Why We Are One Of The Best FEMA Consultants In India?

Best FEMA Consultants in India in 2022

Best FEMA Consultants in India in 2022

by FEMA

In this article, we’ll get to know how GroomTax is acing the FEMA Consultants area and who are the best FEMA Consultants in India in 2022 but before that let’s just develop an understanding of what exactly FEMA is. The governmental agency that consolidates and updates legislation governing foreign exchange in India is known by the full name FEMA, which stands for “Foreign Exchange Management Act.” “Enabling external trade and payments and supporting the orderly development and preservation of the foreign currency market in India” was the FEMA act’s principal goal. The Foreign Exchange Regulation Act (FERA) of 1973 was replaced by FEMA, which was passed by the Indian Parliament in its winter 1999 session. To manage international commerce and exchange operations, the RBI proposed FEMA in 1999. The formal directive stated that FEMA will “consolidate and revise the foreign exchange (forex) law with the purpose of facilitating external trade and payments and for fostering the orderly development and preservation of foreign exchange market in India.” The first of June 2000 marked the official implementation of the Foreign Exchange Management Act. The Prevention of Money Laundering Act (PMLA) of 2002 was made possible by the entrance of the currency market in India, which the RBI now governs. FEMA was primarily implemented in India in order to de-regulate and establish an open economy. Best FEMA Consultants in India are often the ones to adhere to all the guidelines.

 

 

Objectives of FEMA

* Facilitating international trade and payments was the primary reason FEMA was implemented in India. FEMA was also developed in order to support the orderly growth and upkeep of the Indian currency market.

* All foreign exchange transactions in India must follow the rules and processes outlined by FEMA. Current Account Transactions and Capital Account Transactions are the two categories into which these foreign exchange transactions have been divided.

* According to the FEMA Act, the balance of payment is a record of transactions involving commodities, services, and assets between citizens of several nations. Capital Account and Current Account make up the majority of its divisions.

* All financial transactions are included in the capital account, whereas commerce in goods is included in the current account. Current Account transactions are those that include money moving into and out of a country or countries over the course of a year as a result of trading or providing goods, services, and income.

* An economy’s health is shown by the current account. As was already established, the balance of payments consists of both current and capital accounts; the capital account, which represents the movement of capital in the economy due to capital receipts and expenditures, makes up the remaining portion of the balance of payments. The capital account recognises both domestic and foreign investment in domestic assets.

 

Services of FEMA

We offer our broad perspective in the following FEMA advice services that we provide since our FEMA consultants have carved out their own distinct niche in the field of FEMA Consultancy. Here are a few services of FEMA:-

– Consultations for foreign exchange-related transactions

– Help with common issues affecting the interpretation of FEMA regulation

– Services for inward investment advisory.

– Consulting services for international investments.

– Aid in litigation and advocacy before authorities

– Help open liaison, branch, and project offices both inside and outside of India.

– Services for an expert business licence, such as CDSCO License and IE Code, etc.

– Services for filing annual returns.

– Assistance and certification with business valuation

– Help with submitting specific forms, such as FCGPR, FCTRS, etc.

 

Applicability of FEMA Act

The Foreign Exchange Management Act (FEMA) is applicable to all of India as well as to organisations and offices abroad (which are owned or managed by an Indian Citizen). The Enforcement Directorate is the name of FEMA’s headquarters, which is located in New Delhi. FEMA is applicable to:

– Foreign exchange.

– Foreign security

– Exporting goods or services from India to a nation outside of India.

– Importation of commodities and/or services from countries other than India.

– Securities as outlined in the 1994 Public Debt Act.

– Any form of purchase, sale, or exchange (i.e. Transfer).

– Services in banking, finance, and insurance.

– Any foreign corporation when at least 60% of the ownership is held by an NRI (Non-Resident Indian).

– Any Indian national living inside or outside the country (NRI).

 

According to the FEMA Act, the current account transactions have been divided into three categories, namely:

– Transactions that FEMA forbids,

– The Central Government must approve the deal,

– The RBI must approve the transaction.

 

Prohibition on Drawal of Foreign Exchange

– Any payment received as a result of winning the lottery.

– Any payments made from winnings from racing, riding, etc.

– Any payments made to purchase lottery tickets, football pools, sweepstakes, magazines that are prohibited or prescribed, etc.

– Commissions on exports are paid in exchange for equity investments by Indian companies in joint ventures and foreign wholly owned subsidiaries.

 

Penalties Under FEMA

There are a few things that we should keep in mind in order to avoid any penalties under FEMA. Any person who violates the terms of FEMA or any rule, direction, regulation, order, or notification issued thereunder is subject to a fine of up to Rs. 2 lakh, which is equal to three times the amount of the violation. For each day that the violation persists, the offender will be subject to a further penalty of up to Rs. 5,000 in the case of a continuing violation.

 

Now that we have a fairly good idea about FEMA and how GroomTax functions, it’s safe to say that we are the best FEMA Consultants in India in 2022. To know more, click here…