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in Focus
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GSTN
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Interactive session to celebrate 6 years of
GST regime and landmark 50th GST council
meeting |
Nasscom along with knowledge partner
Deloitte, hosted an interactive session with
senior GST officials and industry on July
19, 2023. The main discussions during the
session included reflection upon the
stupendous journey of GST in bringing about
tectonic change to Indirect tax landscape in
India and the key recommendations made in
the 50th GST Council meeting. At the 50th
meeting, the Council issued Circulars to
provide clarifications on two important
issues for our industry: a) Holding shares
in a subsidiary cannot be taxed under the
GST; and b) Mechanism for apportionment of
tax credit of common costs by head office
for its branches. Nasscom had been
advocating on both these issues for more
than 1 year with the GST officials. In
addition, Government has finally put into
motion steps to operationalise the GST
Appellate Tribunal (GSTAT). During the
session, we also discussed some of the key
GST issues impacting IT-BPM industry. This
included implementation of Intermediary
circular, reimbursement of ESOP being
classified as import of services, GST on use
of common logo, amongst others. We will be
making a detailed representation on some of
these issues to the GST officials.
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DPIIT, SEBI, MOF
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Enabling foreign headquartered
Indian-origin start-ups to list on Indian
stock exchanges |
We have been engaging with DPIIT, MoF and
SEBI on this issue. We submitted a
representation to them on July 24, 2023,
requesting their support in enabling listing
of foreign headquartered Indian-origin
start-ups to directly list on Indian stock
exchanges. We also met DPIIT and SEBI to
highlight the impediments in the currently
available options to access Indian capital
market and the benefits of allowing direct
listing.
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REPRESENTATIONS
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DPIIT
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Patents Act |
We submitted our feedback with a focus on
promoting innovation and EoDB on July 24,
2023. The issues highlighted are procedural
challenges in the pre-grant opposition
process, compliance issues related to filing
of information regarding foreign patent
application under section 8 and information
sought on working of patents under Form 27.
We also provided comparison of how these
issues are contributing to significant
delays and inefficiencies in the process of
granting patents in India compared to other
countries like U.S. and Japan.
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Rajasthan Government
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Platform based gig workers bill |
The Rajasthan government’s labour department
released the draft bill for public
consultation. We expressed concern over the
short consultation period and submitted
interim feedback on July 7, 2023. We
highlighted that there is a need to analyse
the impact of proposed central transaction
information and management system and its
compatibility with existing systems. We also
pointed out potential conflicts related to
COSS. |
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DoCA Dark patterns
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Task force on Protecting Consumers from Dark
Patterns |
We submitted our feedback to the task force
set-up by DoCA on July 18, 2023. Our
submission highlighted the need for a
principled framework that will enable
delineation of dark patterns from legitimate
business practices. We also emphasized on
raising consumer awareness against dark
patterns.
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FEDAI
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Delays in getting export documents processed
by banks |
Following up on the concerns raised by
nasscom in December 2022, we have sought
details from FEDAI on the status of
implementation by banks of the advisory to
acknowledge receipt of export documents
submitted by the exporter and establishing
digital systems for receiving export
documents against inwards remittances. In
case you are facing delays in getting export
documents processed and reconciliation of
inward remittances, kindly write to us at policy@nasscom.in.
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DIALOGUE & DISCUSSION
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DARPG
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Round table discussion on transforming
governance: navigating the cloud journey for
enhanced efficiency and security |
The department launched the NESDA 2023
framework and portal on July 6, 2023.
e-nasscom actively
participated in the development of the
framework and has also been conducting
surveys for DARPG to assess the
effectiveness of the framework. We
participated in the roundtable discussion
during the portal launch and expressed our
views on future of cloud and e-gov
intersection and how NESDA like framework
will play a key role in better on-ground
assessments.
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Haryana Government
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Meeting with Labour Department
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We had a fruitful meeting with Shri Anurag
Agarwal, Principal Secretary - Department of
Labour, Government of Haryana and his team
on July 13, 2023. We discussed options to
further strengthen the scope of EoDB in the
state. We also discussed about collaboration
between government, industry and nasscom for
fostering skilling, employment and
innovation.
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Industry
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Seminar on Public Governance Through Cloud
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We along with the nasscom membership team
conducted this seminar on July 26, 2023. The
event was attended by various central
government departments, state government
officials and the industry. The speakers
included cloud service providers, government
users of cloud services including GSTN, GeM,
ITI, BMC, etc. The speakers shared their
national and international success stories
of cloud adoption in government sector.
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Industry
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CHRO Meeting
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We along with the Tamil Nadu membership
team conducted a session on future of work
on July 13, 2023. The session was organised
for the HR forum, Chennai and was the first
edition of the ongoing future of work
series. It was an engaging session where
participants deep dived into HR focussed
issues related to labour codes, gig workers,
future of work and apprenticeship. We were
supported by our external knowledge
partners, Vikram Shroff from Nishith Desai
and Swarnima from Trilegal.
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DGFT
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Outreach event in Pune on export control
regulations
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The DGFT and MEA gave an overview of
relevant regulations and compliance
requirements. Nasscom spoke about the
importance of ICP for the industry to ensure
effective compliance with export control
laws. We also showcased the booklet on the
essential elements of an effective ICP.
Government encouraged the industry to
implement ICPs and highlighted the
possibility of further liberalising
compliance obligations basis industry’s
commitment.
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CCI
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Engagement on Digital Competition Act
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The Committee on Digital Competition Law is
finalising its recommendation on regulation
of competition in the digital markets. We
have been actively tracking the developments
on this matter and engaging with the
Ministry of Corporate Affairs, Competition
Commission of India, and the industry. In
case you are interested in the subject,
please provide your inputs by writing to us
at policy@nasscom.in.
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NEW & UPCOMING
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TRAI
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Call for inputs: Consultation Paper on OTT
communication services |
TRAI has released a Consultation
paper
on regulatory mechanism for OTT communication services and selective banning of OTT services. The Paper has sought views on licensing of OTT, regulatory framework, collaborative framework between communication OTTS and TSPs and technical challenges in selective banning and regulatory framework of selective banning of OTT services. The last date to provide comments on the Paper is August 18, 2023 and to provide counter comments is September 1, 2023. In case you are interested in the subject, please provide your inputs by writing to us at
policy@nasscom.in.
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SEBI
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Call for inputs: Consultation Paper on Cyber
Security and Cyber Resilience Framework
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SEBI has released this draft framework with
the intent to consolidate existing
guidelines on cybersecurity and cyber
resilience for the Indian securities market
and to strengthen the capacity of regulated
entities to prevent, prepare for, and
respond to cyber-threats and security
incidents. On July 18, 2023, we attended a
meeting held by SEBI with regulated entities
and service providers to discuss various
aspects of the draft framework, including
its approach to vulnerability assessment and
penetration testing, security incident
reporting, identifying critical assets, and
more. The last date for submitting inputs is
August 8, 2023. In case you are interested
in the subject, please provide your inputs
by August 4, 2023 by writing to us at
policy@nasscom.in.
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OECD
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Call for inputs: Public consultation on
Pillar One - Amount B
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OECD has released a public consultation
document on Pillar One - Amount B.
The paper
focusses on pricing framework, including in
light of the final agreement on scope,
application of the framework to the
wholesale distribution of digital goods,
country uplifts within geographic markets
criteria to apply Amount B utilising a local
database in certain jurisdictions.The last
date for submitting comments to OECD is
September 1, 2023. In case you are
interested in the subject, please provide
your inputs by August 17, 2023 by writing to
us at
policy@nasscom.in.
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RBI
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Call for inputs: Circular arrangements with
card networks for issue of cards
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RBI released a draft circular on the
arrangements with card
networks for issue of
debit, credit and prepaid cards. The
circular specifies that card issuers must
provide customers the option of switching
between card networks and card issuers
cannot enter into agreements with card
networks that restrain them from availing
the services of other card networks. In case
you are interested in the subject, please
provide your inputs by writing to us at
policy@nasscom.in.
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OTHER UPDATES
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Parliament
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Jan Vishwas Bill |
The Lok Sabha passed the Jan Vishwas (Amendment
of Provisions) Bill, on July 27. The
Bill
proposes amending 183 provisions in 42 Central
Acts overseen by 19 ministries and departments.
The Bill aims to decriminalise various
provisions across various Acts by (a) Removing
both imprisonment and/or fine in some
provisions, (b) Removing imprisonment but
retaining the fine in specific provisions, (c)
Removing imprisonment and increasing the fine in
certain provisions, (d) Converting imprisonment
and fine into penalty in some provisions and (e)
Introducing the compounding of offences in
select provisions. The bill proposes measures
such as (a) pragmatic revision of fines and
penalties commensurate to the offence committed;
(b) establishment of Adjudicating Officers; (c)
establishment of Appellate Authorities; and (d)
Periodic increase in quantum of fine and
penalties |
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List of Acronyms
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AI
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Artificial Intelligence
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CBDT
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Central Board of Direct Taxes
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CBIC
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Central Board of Indirect Taxes and Customs
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CCI
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Competition Commission of India
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CERT-IN
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Indian Computer Emergency Response Team
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DARPG
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Department of Administrative Reforms and Public
Grievances
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DoCA
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Department of Consumer Affairs
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DGEP
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Directorate General of Export Promotion
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DGFT
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Directorate General of Foreign Trade
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DPIIT
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Department for Promotion of Industry and Internal Trade
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DSP
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Delivery Service Provider
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DTD
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Delhi Transport Department
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EV
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Electric vehicle
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FEDAI
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Foreign Exchange Dealers' Association of India
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GST
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Goods & Service Tax
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ICP
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Internal Compliance Program
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IT
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Information Technology
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MEA
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Ministry of External Affairs
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MEITY
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Ministry of Electronics & Information Technology
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MOF
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Ministry of Finance
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MOHFW
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Ministry of Health and Family Welfare
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MCA
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Ministry of Corporate Affairs
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NESDA
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National e-Governance Service Delivery Assessment
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RBI
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Reserve Bank of India
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RE
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Regulated Entity
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SEBI
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Securities Exchange Board of India
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Copyright © 2023, nasscom |
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