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Taxmann's FEMA Manual | Set of 2 Vols. – Compendium of amended, updated & annotated text of Acts, Rules/Regulations, Notifications, Master Directions, Case Laws etc., on FEMA, FCRA, PMLA & FDI
Author:
Publisher: Taxmann Publications Private Limited
Published: 2024-02-11
Total Pages: 26
ISBN-13: 9357783814
DOWNLOAD EBOOK →This unique book presents all aspects of the foreign exchange laws in India, including: • Foreign Exchange Management Act, 1999 (FEMA) • Rules & Regulations under FEMA • Notifications issued under FEMA • Master Directions updated till date • Memorandum of Instructions • Law Relating to Foreign Contributions • Law Relating to Prevention of Money Laundering • Foreign Direct Investments • Allied Acts/Rules & Guidelines • FEMA & FDI Ready Reckoner on 55+ Topics • FEMA Case Law Digest covering Section-wise digest of judgements of Supreme Court/High Courts & ATFE • RBI's Circulars & Clarifications The Present Publication is the 43rd Edition & amended up to 1st February 2024. This book is edited/authored by Taxmann's Editorial Board. It is a compendium of amended, updated & annotated text of the following laws: • Foreign Exchange Management Act (FEMA), along with the following: o 35+ Rules, Regulations & Directions framed under FEMA, arranged alphabetically & chronologically, that are issued by the Central Government & RBI o Notifications issued under FEMA § Basic Notifications ■ 25+ from the Central Government ■ 55+ from the RBI § 50+ Amending Notifications § Notifications ■ 55+ from the Central Government ■ 440+ from the RBI o 60+ Notifications issued under the Prevention of Money-Laundering Act o 20+ Master Directions updated till date o Memorandum of Instructions including PEM, ACM, GIM & LIM • Law Relating to Foreign Contributions along with the following: o 4+ Acts o Relevant Rules & Regulations o Notifications o Directions o Guidelines o Case Laws Digest o FAQs o SOPs & Charters, etc. • Law Relating to Prevention of Money Laundering along with the following: o Prevention of Money Laundering Act, 2002 o Relevant Notifications o 14+ Rules & Regulations o Relevant Directions • EURO Issue, Issue of Foreign Currency Convertible Bonds, Ordinary Shares through Depository Receipt Mechanism, Issue of Foreign Currency Exchange Bonds • 3+ Allied Acts/5+ Rules, Orders & Guidelines • Foreign Direct Investment (FDI) Policy along with the following: o Consolidated FDI Policy o 20+ Circulars & Press Notes (2017-23) • Tribunal, Appellate Tribunal and Other Authorities o Tribunal Reforms Act, 2021 o Relevant Sections of the Finance Act, 2017 o Tribunal (Conditions of Service) Rules, 2021 Along with the above, this book also features the following: • FEMA and FDI Ready Reckoner (Subject-wise Practical Guide to the Law on 55+ topics in 550+ Pages) • Case Law Digest from Supreme Court, High Courts & ATFE on: o FEMA o Foreign Exchange Regulation Act, 1973 • RBI's Circulars & Clarifications from 2000-23
Taxmann’s FEMA Practice Manual – Comprehensive Commentary on FEMA, Simplifying Complex Cross-border Transactions with—Checklists | Examples | Case Studies | Compounding Orders | Case Laws
Author: CA Sudha G. Bhushan
Publisher: Taxmann Publications Private Limited
Published: 2024-06-27
Total Pages: 33
ISBN-13: 9357787917
DOWNLOAD EBOOK →This book aims to simplify the fundamentals while providing exhaustive coverage of the relevant laws and regulations. It provides a comprehensive commentary on various sections, rules, and regulations under the Foreign Exchange Management Act (FEMA), making it a complete guide to foreign investment provisions. This book is a comprehensive resource for professionals and Authorized Dealer (AD) banks, enabling effective management and implementation of Foreign Exchange law in India. It is a one-stop solution for: • Professionals, including Chartered Accountants, Company Secretaries, Cost Accountants, and Lawyers • Chief Financial Officers (CFOs) of multinational and Indian companies • Authorised Dealer Banks • Students • Individuals interested in international transactions The Present Publication is the 3nd Edition, authored by CA Sudha G. Bhushan. It is amended up to 7th June 2024, with the following noteworthy features: • [In-depth Analysis] Detailed commentary on every section of FEMA, providing a thorough understanding of the law • [Essential Resource] A must-have for persons managing trade or capital account transactions • [Clear Guidance] Simplifies various provisions with easy-to-understand language and practical examples based on real case studies • [Key Concepts Explained] Breaks down essential concepts like Residential Status and Capital/Current Account transactions with numerous examples • [User-friendly Approach] Includes pictorial representations, checklists, examples, case studies, and RBI compounding orders to make complex laws comprehensible • [Practical Focus] Provides detailed guidelines and procedures for transactions, making it easy to understand and apply the law The contents of the book are as follows: • [Fundamentals] o This division covers the historical background and regulatory framework of FEMA, illustrating the paradigm shift from FERA to FEMA o It includes detailed commentary on current and capital account transactions, currency management, and the roles of regulatory bodies like the Reserve Bank of India (RBI) and the Central Government o This division also explains the balance sheet approach to evaluate transactions under FEMA and provides guidelines on maintaining foreign currency accounts • [Foreign Investment] o This unit provides an in-depth analysis of foreign investment regulations, including Foreign Direct Investment (FDI) and Foreign Portfolio Investment (FPI) o It discusses the governing regulations, types of foreign investments, entry routes, pricing methodologies, and downstream investments, offering practical insights for effective compliance and management • [Cross Border Assets] o This unit focuses on the acquisition and transfer of immovable property in India by non-residents and vice versa o It addresses the restrictions, procedural requirements, and conditions for repatriation of sale proceeds, ensuring a clear understanding of cross-border asset management • [Borrowings] o This unit discusses the various aspects of borrowings, including trade finance, External Commercial Borrowings (ECB), acceptance of deposits, and issuance of guarantees o It provides detailed guidelines on the procedures, compliance requirements, and benefits associated with different types of borrowings • [International Financial Services Centre (IFSC)] o This unit explains the strategic objectives, benefits, and regulatory framework of IFSCs o It highlights the promotion of investments in IFSCs by the Central Government and discusses the provisions related to overseas investment in and out of IFSCs • [Trade Transactions] o This unit covers the regulations governing exports, imports, and merchanting trade o It details the procedural requirements, obligations of exporters, realisation and repatriation of export proceeds, and the various types of exports, providing a comprehensive guide for trade-related transactions • [Contravention and Offences] o This unit addresses the consequences of non-compliance with FEMA, including the process of compounding, penalty provisions, adjudication procedures, and the role of the Enforcement Directorate o It provides practical examples and case studies to illustrate the compounding process and the implications of non-compliance • [Overseas Investment] o This unit provides a detailed framework of the new overseas investment regime, including definitions, pre-conditions, routes, and pricing guidelines for making overseas investments o It covers the roles and responsibilities of AD banks, reporting requirements, and the procedures for disinvestment and restructuring
Taxmann's FEMA & FDI Ready Reckoner – Topic-wise commentary on 50+ topics (including LRS, IFSC, etc.) along with relevant Rules, Case Laws, Circulars, Master Directions, etc. [2024]
Author: Taxmann
Publisher: Taxmann Publications Private Limited
Published: 2024-02-10
Total Pages: 20
ISBN-13: 9357785213
DOWNLOAD EBOOK →This book provides complete and accurate information about all provisions of the Foreign Exchange Management Act 1999 (FEMA). It also includes guidance on all practical issues faced by companies and FEMA professionals. This book will be helpful for Companies dealing with foreign exchange, FEMA professionals, Legal and financial advisors, and Students and academicians in financial law. The key features of this book are as follows: • [Topic-wise Commentary] on 50+ topics • [Comprehensive Analysis] with relevant Rules, Judicial Pronouncements, Circulars, Notifications and Master Directions issued by the Reserve Bank of India • [Focused Guides] are given in the book on the following topics: o Liberalised Remittance Scheme (LRS) o Overseas Investment • [Legal Context] This book covers laws relating to the following o Prevention of Money Laundering Act (PMLA) o Foreign Contribution (Regulation) Act (FCRA) o Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) The Present Publication is the 20th Edition & amended up to 5th January 2024. This book is authored by Taxmann's Editorial Board. The coverage of this book is as follows: • FEMA – Overview • Authorised Person • Account in India by a Person Resident out of India • Accounts of Indian Residents in Foreign Currency • Receipt and Payment in Foreign Exchange • Realisation, Repatriation and Surrender of Foreign Exchange • Money Changing Activities • Money Transfer Service Scheme (MTSS) • Possession and Retention of Foreign Currency • Export and Import of Currency or Currency Notes • Remittances on Current Account • Liberalised Remittance Scheme (LRS) • Export of Goods and Services • Import of Goods and Services • Project Exports and Service Exports • Foreign Exchange Rates • Overview of Capital Account Transactions • Foreign Investment in India • FDI in Indian Company • Section Wise FDI Policy at a Glance • FDI – Downstream Investment, i.e. Indirect Investment • FDI through Rights, Bonus, Sweat Equity or Merger/Amalgamation • FDI – Transfer of Securities • FDI in LLP • FDI in GDR/ADR • Investment by NRI or OCI • FDI in a Startup Company • Investment by Foreign Portfolio Investors • FDI in Investment Vehicle • FDI by FVCI • FDI – Investment in Securities by Funds, Foreign Central Bank, etc. • Overseas Investment by an Indian Entity • Guarantees • Insurance • Borrowing and Lending in Foreign Currency • Borrowing and Lending in Indian Rupees • Foreign Investment in Debt Instruments • External Commercial Borrowings • Trade Credit (TC) and Structured Obligations • Acquisitions and Transfer of Immovable Property in India • Acquisition and Transfer of Immovable Property outside India • Remittance of Assets • Branch/LO/Project Office in India by Foreign Entities • Indian Depository Receipts • Risk Management and Inter-Bank Dealings • VOSTRO Account for International Trading • Industrial Policy of Government of India • Enforcement of FEMA • Penalties under FEMA • Appeals under FEMA • Compounding of Contraventions under FEMA • Prevention of Money Laundering Act • Foreign Contribution (Regulation) Act (FCRA) • COFEPOSA, 1974 • International Financial Services Centre (IFSC)
Taxmann's Foreign Exchange Management Manual with FEMA and FDI Ready Reckoner, FEMA Case Law Digest, Law Relating to Foreign Contributions, Law Relating to Prevention of Money Laundering
Taxmann's Foreign Exchange Management Manual
Taxmann’s Cross-Border Transactions under Tax Laws & FEMA – Practical Commentary covering Income Tax (including International Tax & Transfer Pricing), GST, Customs & FEMA, etc., with Case Laws
Author: Dr. G. Gokul Kishore
Publisher: Taxmann Publications Private Limited
Published: 2023-05-26
Total Pages: 64
ISBN-13: 9357780149
DOWNLOAD EBOOK →This book provides practical guidance based on judicial interpretation of the law and rules. It also provides an easy-to-understand commentary (with departmental clarifications) on cross-border transactions with respect to the following laws: • Income Tax (including International Tax & Transfer Pricing) • Goods & Services Tax (GST) • Customs • Foreign Exchange Management Act (FEMA) This book will be helpful for practitioners, members of the bar & bench and industry, and assessing officers. The Present Publication is the 3rd Edition, amended by the Finance Act 2023 and updated till 1st May 2023. This book is authored by Dr. Gokul Kishore & R. Subhashree, with the following noteworthy features: • [Easy-to-Understand Practical Commentary] covering: o Income Tax (including International Tax & Transfer Pricing) § Implications of International Transactions § Adoption of Appropriate Transfer Pricing (TP) § Comprehending the Creation of Permanent Establishment (PE) and Double Taxation Avoidance Arrangements (DTAA) § Ensuring Compliance with Withholding Obligations when payment is made to non-resident § Issues relating to Royalty & Fees for Technical Services (FTS), Tax Residency and Foreign Tax Credit (FTC) o GST § Examination of Cross-Border Services by applying Place of Supply & Export of Service provisions under the Integrated Goods and Services Tax Act (IGST), besides analyzing benefits to exporters o Customs § Valuation of Imported Goods under Customs Valuation Rules, when transaction value as declared by importer is not accepted § Availing Customs Duty Exemptions § Duty Remission and Rewards under various Export Promotion Schemes as provided in Foreign Trade Policy 2023 o FEMA § Compliance with Provisions of FEMA on Receipts and Payments for Export and Imports • [Exhaustive Discussion on both Basic Concepts and Issues faced by the Industry] combined with essential commentary on statutory provisions and the jurisprudence. • [Cross-references to other Chapters] wherever implications need to be understood The structure of the book is as follows: • [Chapter 1 | Customs Valuation] discusses Article VII of GATT, Customs Valuation Agreement, Section 14 of Customs Act, 1962, Customs Valuation Rules (for imported goods) and Export Valuation Rules with relevant judgments and orders. Pointers relating to transfer pricing issues have also been mentioned in this chapter • [Chapter 2 | Transfer Pricing] analyzes international transactions, associated enterprises, comparables, methods of determining Arms Length Price, TP challenges in India as per the UN TP Manual and judicial rulings, creation of marketing intangibles and TP issues relating to AMP expenses. TP assessment, adjustment and appellate remedy have also been included. To provide a 360° perspective, secondary adjustment, Country by Country Reporting (CbCr), thin capitalization, Cost Contribution Arrangements, intra-group services and cost-sharing arrangements have been succinctly covered • [Chapter 3 | Permanent Establishment & DTAAs] discusses taxing powers and sources of income. The concept of PE and types of PE have been explained through the relevant articles in various DTAAs, along with treatment by the Indian judiciary and ITAT. The attribution of profits to PE, which has significant practical implications, has also been discussed • [Chapter 4 | Incomes other than Business Income, Withholding Obligations and Foreign Tax Credit] is broad-based and to the extent relevant to cross-border transactions; it provides a commentary laced with practical guidance on residency, the definition of interest, jurisdiction to tax, dividends paid or received, taxation of royalty, FTS, salary, capital gains, other income, withholding obligations, FTC, the requirement to file the return and the concept of the representative assessee • [Chapter 5 | Import & Export under IGST Act] as applicable to import and export of goods, import of services and export of services, along with the provisions on the place of supply and refund mechanism, forms the fifth chapter • [Chapter 6 | Customs Exemption and Export Promotion Schemes under FTP] Considering the relevance to cross-border trade, Customs Duty exemptions and export promotion schemes under Foreign Trade Policy 2023 (FTP) have been discussed in the sixth chapter. • [Chapter 7 | Export and Import under FEMA & Regulations] Knowledge of obligations and provisions applicable to export and import under FEMA and regulations thereunder is integral to cross-border transactions. Therefore, a concise commentary on the same has been provided in Chapter 7 • [Chapter 8 | Dispute Resolution] Dispute resolution mechanisms under IGST Act and Customs Act, along with alternative dispute resolution under Income Tax Act, have been included. Chapter 8 also provides a broad overview of the statutory remedies available to exporters and importers
Taxmann's Analysis | Unlocking Global Opportunities – Indian Companies Embrace Direct Listing on GIFT-IFSC International Exchanges
Author: Taxmann
Publisher: Taxmann Publications Private Limited
Published: 2024-01-27
Total Pages: 15
ISBN-13:
DOWNLOAD EBOOK →The Ministry of Corporate Affairs (MCA) has recently implemented regulations enabling all public companies, whether listed or unlisted, to issue securities for listing on international stock exchanges. In conjunction with the latest amendment to the Foreign Exchange Management Act (FEMA), this development is designed to draw in foreign investors, enhance market confidence, and facilitate global participation and economic expansion. This article provides an in-depth examination of the Companies (Listing of Equity Shares in Permissible Jurisdictions) Rules, 2024, alongside the Foreign Exchange Management (Non-debt Instruments) Amendment Rules, 2024.
Taxmann's Overseas Investment Ready Reckoner – Simple, exhaustive and practically useful guide on the 'New OI Regime' with compounding orders, case studies & practical examples
Author: CA Sudha G. Bhushan
Publisher: Taxmann Publications Private Limited
Published: 2023-07-27
Total Pages: 27
ISBN-13: 9357780300
DOWNLOAD EBOOK →This is a comprehensive book on overseas investment outside India by various entities covering all provisions in every possible detail. Every attempt has been made in the book to keep the complex law simple. Pictorial representation, checklist, examples, case studies, and compounding orders issued by the Reserve Bank of India have also been provided for clear understanding. It is a one-stop solution to all the needs of professionals, global investors, institutional investors, CFOs of multinational companies looking to expand globally, and the AD banks dealing with overseas investment for undertaking the transaction and effective implementation, management and execution of overseas investment in India. The Present Publication is the Latest 2023 Edition and has been amended up to June 2023. This book is authored by renowned CA Sudha G. Bhushan with the following noteworthy features: • [Exhaustive Commentary] on all the Sections, Rules, Regulations, Master Directions, etc., as applicable to overseas investment • [Practical Examples] are used in this book to explain every point • [Entity-wise Bifurcation of Various Provisions under Overseas Investment] All provisions with respect to one type of entity, i.e., Residents, IFSC, Companies etc., are discussed in the respective chapters. This makes the book useful for practitioners who are advising their clients. • [Extensive Discussion on Guidelines and Procedures Required for Transaction] have been discussed in detail The structure of the book is as follows: • The book deals with the Foreign Exchange Management (Overseas Investment) Rules, 2022 and Foreign Exchange Management (Overseas Investment) Regulations, 2022, along with Foreign Exchange Management (Overseas Investment) Directions, 2022 [New Regime/Revised Regulatory Framework/New OI Regime] in entirety • It is divided into seventeen chapters and deals with the subject matter of making investments outside India in great detail o Chapters 1 and 2 touch upon the basic framework of the making overseas investment outside of India o Chapter 3 dissects the new definition that has been introduced in the new framework o Chapter 4 deals with grandfathering provisions with regard to erstwhile investments made in the old regulations o Chapter 5 deals in great length with the manner and process of making investments outside India • Chapter 6 deals with Overseas Direct Investment, Overseas Portfolio Investment and Financial Commitment which are at the helm of understanding investment outside India. All the provisions are discussed with examples to make it transaction oriented • To make the provisions more helpful to practitioners, the book discusses the entity-wise manner of making investments outside of India o Chapter 7 deals with overseas investment by Resident Individual o Chapter 8 deals with overseas investment by Trusts/Societies/AD Banks/Depository/Stock Exchanges o Chapter 12 deals with overseas investment by AIFs and Venture Capital Funds • The New OI Regime promotes and enables overseas investment in the financial services sector, including IFSC o Chapter 9 deals with IFSC in detail o Chapter 10 deals with the role and responsibility of AD Banks with regard to overseas investments • Under the erstwhile regime, several conditions were imposed concerning the transfer and disinvestment of overseas direct investments. The same has been done away with the new regime o Chapter 11 deals with the exit from overseas investment in detail o Chapter 13 deals with loans to foreign entities, which has been significantly rationalised • One of the considerable reliefs provided in the New OI regime is the extension of the facility of Late Submission Fees (LSF) to the reporting non-compliances of overseas investment o LSF has been dealt with in detail in Chapter 14 o Chapter 15 discusses every possible aspect of compounding • The Foreign Exchange Management (Acquisition and Transfer of Immovable Property Outside India) Regulations, 2015 have also been repealed and have been subsumed in the New OI Regime o The provisions with regard to the acquisition and transfer of immovable property outside India under the new regime have been discussed in Chapter 16 • Chapter 17 deals with the reporting requirements for overseas investment. • Chapter 18 presents the intricacies of TCS provisions on remittances under the liberalised remittance scheme in a simplified manner • Chapter 19 presents the reporting requirements for overseas investments The detailed contents of the book are as follows: • Introduction • New Overseas Investment Regime • New Definitions Introduced • Erstwhile Investments • Framework of New Overseas Investment Regime • Overseas Investment • Investment by Resident Individuals • Overseas Investment by Trusts/Societies/AD Banks/Depository/Stock Exchanges, etc. • Investment in IFSC • Role and Responsibility of AD Banks • Exit from Overseas Investment • Overseas Investment by AIFs and Venture Capital Funds • Loan to Foreign Entities • Late Submission Fees (LSF) • Compounding under FEMA • Acquisition of Immovable Property Outside India • Cross Border Transaction with Regard to Virtual Currencies • TCS on Remittances under Liberalised Remittance Scheme • Reporting of Overseas Investments
Taxmann's Corporate Laws [POCKET | PAPERBACK] – Authentic & Comprehensive Book Covering Amended, Updated & Annotated Text of India's 10+ Corporate Laws incl. Companies Act, LLP, FEMA, etc. [2024]
Author: Taxmann
Publisher: Taxmann Publications Private Limited
Published: 2024-06-25
Total Pages: 22
ISBN-13: 9357789731
DOWNLOAD EBOOK →This book is the most authentic and comprehensive resource on over 10 of India's key corporate laws, presented in a convenient pocket-sized paperback format. It is an invaluable tool for legal professionals, corporate entities, academicians, and students specializing in corporate law. The Present Publication is the 50th Edition & updated upto 10th June 2024. It is edited by Taxmann's Editorial Board, and it covers the following Laws: • Annotated text of the Companies Act, 2013 [as amended upto date]. Annotations under each Section shows the following: o Relevant Rules framed under the relevant Section o Reference to relevant Forms prescribed o Exemptions available to Private Companies, Government Companies, Nidhis, Charitable Companies, Unlisted Public Company, and Private Companies operating from IFSCs located in SEZ o Exemptions available to Financial Products/Services/Institutions in IFSCs o Gist of relevant Circulars & Notifications o Date of enforcement of provisions o Corresponding provisions under the 1956 Act o Words and phrases judicially noticed o Allied Laws referred to in the provision o Relevant provisions of SEBI Rules/SS-1 to SS-4/Listing Obligations/Table F of Schedule I • Securities Contracts (Regulation) Act, 1956 [as amended by the Finance Act 2023] • Limited Liability Partnership Act, 2008 [as amended up to date] • Emblems and Names (Prevention of Improper Use) Act, 1950 [as amended up to date] • Foreign Exchange Management Act, 1999 [as amended up to date] • Foreign Contribution (Regulation) Act, 2010 [as amended up to date] • Depositories Act, 1996 [as amended up to date] • Insolvency and Bankruptcy Code, 2016 [as amended up to date] with the following: o Provisions of other Acts referred to in the Insolvency and Bankruptcy Code • Competition Act, 2002 [as amended by the Competition (Amendment) Act 2023] • Securities and Exchange Board of India (SEBI) Act, 1992 [as amended up to date] • Right to Information Act, 2005 [as amended up to date]
