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DOT: NASSCOM-DSCI feedback on creating a new telecommunication framework in India
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In our response to the DOT's consultation, prior to the release of the Telecom Bill, we have proposed the following outcomes in the new law (1) moving away from licensing by default (2) lower market entry and compliance barriers for telecom based value added services (3) a modern framework for spectrum management (4) privacy safeguards in interception frameworks (5) ensuring that standards align with global standards and (6) regulatory governance framework being encoded in the law. |
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TRAI: Feedback on entry fees and bank guarantees
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We have requested the TRAI to consider rationalising entry fees and bank guarantees in telecom licenses. We have highlighted that there is no justification to continue requirements like entry fees and bank guarantees and they should be removed across the board to lower market entry barriers in the telecom sector. |
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CERT-IN: Representation on Cyber Security Directions
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As discussed above, as part of our ongoing advocacy efforts, we have requested the CERT-IN to: (1) incorporate the clarifications provided in the FAQs and verbally into the text of the Directions (2) recognise the concept of "reasonable security practices" so that entities can implement the Directions to their specific sectoral and organisational contexts (3) rework the concept of "validation" in Direction 5 to ensure that obligation is proportionate and compliance is practically implementable. For more information, kindly write to varun@nasscom.in and apurva@nasscom.in. |
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Goods and Services Tax (GST): Representation to review tax position on secondment arrangements
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We have requested the GST officials to review the tax position on secondment arrangements pursuant to a recent Supreme Court (SC) ruling in case of M/s Northern Operating Systems Pvt Ltd. The SC ruling has overruled the earlier settled precedent on the taxability of salary reimbursements for employees on secondment. We have requested for a one-time tax waiver for pre-GST regime and one-time waiver of interest and penalty under the GST.
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GST: Representation on proposed changes to Form GSTR-3B
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Several procedural changes have been introduced in Form GSTR-3B approved by the GST Council in its 47th meeting. To ensure clarity and ease to the industry, we have sought clarifications on many of the changes, like, whether inter-head adjustment of excess credit notes against GST liability is allowed and whether any change in the value of auto-populated number can lead to inquiry proceedings.
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Securities and Exchange Board of India (SEBI): Representation to rationalise Minimum Public Shareholding (MPS)
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We made a representation to the SEBI to rationalise the existing mechanism to meet MPS norms under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. We have requested for 1) allowing promoters of listed entity to sell a pre-determined percentage of shares through off-market sale to identified buyers or institutional investors; 2) including trusts with independent trustees (not linked to promoters) for complying with MPS; and 3) reducing the current MPS threshold from 25% to 20%.
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SEBI: Representation on exercise of employee stock options granted by listed entities
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We made a representation to the SEBI to allow cashless exercise of stock options through Sell-All and Sell-to-Cover mechanism under the SEBI (Share Based Employee Benefits and Sweat Equity) Regulations. Allowing this change would provide clarity to the option holders and facilitate ease of doing business in India.
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Special Economic Zone (SEZ): Representation for clarification on debonding of second-hand IT assets from SEZ
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We made a representation to SEZ and Customs officials requesting them to clarify that the requirement of obtaining permission from the Directorate General of Foreign Trade (DGFT) under Foreign Trade Policy applies only when IT assets are being imported in India for the first time. Currently, authorities are asking for permission from DGFT in case of exit from SEZ or movement of employees from SEZ to Domestic Tariff Area (DTA), by treating them as import of second hand/ used goods into India. However, till date, authorities have not issued any permissions in the past for de-bonding assets from SEZ to DTA unit, thereby leading to challenges for the industry.
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Ministry of Health and Family Welfare (MoHFW): Feedback on the draft Medical Devices (Amendment) Rules, 2022 (Draft Rules)
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In a welcome move, the Draft Rules propose exemption from licensing requirements for manufacturing and import of a certain class of medical devices (Class A non-measuring/non-sterile). We have highlighted to the MoHFW the need for clarity on the application of various Chapters of the Medical Devices Rules, 2017 to the exempted devices and the treatment of fee already paid for obtaining license on such devices.
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Reserve Bank of India (RBI): Representation on Card-on-File Tokensiation (CoFT)
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We have highlighted to the RBI the very low success rate of recurring payment transactions in a tokenised transactions and challenges with one-time payments that are likely to disrupt the operations of digital service providers from October 1, 2022, when RBI’s mandate to scrub card on file data and shift to tokenised transactions comes into effect.
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DGFT: Feedback on the proposed amendments related to export of drones
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We submitted feedback on the proposed amendments to the export control laws concerning export of Drones. We have made the case that the proposed inclusion of commercial drones, such as, delivery drones and surveillance drones with greater than 10x zoom as items to be covered under the ambit of export control is a challenge for the industry. Instead, India's export control list should be aligned to the international Missile Technology Control Regime.
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Department of Consumer Affairs (DoCA): Feedback on proposed adoption of the Indian standard on Online Consumer Reviews
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As part of our consultations with the DoCA, we have highlighted the likely unintended consequences, especially for the small sellers, of mandating the adoption of a what has been designed as a voluntary standard (International Standard Organisation (ISO) standard 20488:2018). Further, we suggested ways to strengthen the Consumer Protection (e-Commerce) Rules, 2020 to curb manipulation of online user reviews.
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Uttar Pradesh (UP): Feedback for state IT Policy
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We had a discussion with the UP government on the upcoming Uttar Pradesh Information Technology Policy 2023-2027. We have suggested the 1) creation of an IT-ITeS advisory council to aid policy implementation; 2) development of a digital platform for companies to avail benefits under the upcoming policy; 3) provision of capital and operating expenditure support to companies setting up units in the state.
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