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DGFT: Pending Claims under the Services Export Incentive Scheme (SEIS)
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We have shared information received from the industry on pending claims under SEIS to the DGFT, for their consideration. We continue to seek industry’s feedback on challenges related to SEIS. For engaging with us on this topic, kindly write to garima@nasscom.in.
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MEITY: Draft Rules on Online Gaming
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We submitted our feedback including two main submissions: (a) a calibrated and proportionate due diligence obligations must be placed on intermediaries according to their role, services offered, etc., and (b) ‘online gaming’ should be defined appropriately to include only those games that are intended to be regulated by these rules, i.e., real money online games.
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RBI: Challenges related to the Digital Lending (DL) Guidelines
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We highlighted the impact of the broad data localisation mandate under the RBI's DL Guidelines on the Information Technology (IT)/IT enabled Services (ITeS) industry. Under this mandate, providing technology services to fintech companies who are in the business of digital lending at competitive prices is a challenge. We have requested RBI to relook at this mandate.
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DoT: Simplify Regulatory Regime for Hosted Contact Centres
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We made a representation on simplifying the regulatory regime for Hosted Contact Service Providers (HCCSPs) and treat them similar to OSPs. In line with international practice, we recommended the discontinuation of obligation of 8% license fee on audiotext licensees with immediate effect. For more information, kindly write to vertika@nasscom.in or sudipto@nasscom.in.
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TEC: Draft Rules on Power to Prescribe Standards under the Telecom Bill
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In our feedback to Telecommunication Engineering Centre (TEC), our principal recommendation was that it would be appropriate for TEC to release the draft Rules for public consultation, only after the Bill gets enacted. We also submitted that draft Rules need to include the existing standard setting processes followed by TEC. For more information, kindly write to vertika@nasscom.in or sudipto@nasscom.in.
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NHA: Operationalising the Unified Health interface (UHI) in India
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In our feedback on the Consultation Paper released by the National Health Authority (NHA), we recommended an oversight mechanism like periodic audit of Network Participants to check that protocols under the Network Policy are being followed. We also highlighted the need for clear demarcation of responsibilities between the NPs and the nature of grievances that can be redressed under the UHI network.
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MoF: Clarifications relating to Significant Economic Presence (SEP)
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As part of our submission, we have requested MoF to: a) introduce rules for attribution of profits/ income in respect of SEP; b) exclude payments which qualify as royalty/ FTS under the IT Act, whether taxable or not due to an exemption in the IT Act or tax treaty benefit, from the ambit of SEP provisions; c) provide guidance to interpret the term ‘users’ in order to analyse the applicability of SEP provisions, amongst others.
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OECD: Draft Multilateral Convention Provisions on Digital Services Taxes (DSTs)
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In our submission, we highlighted that certain countries have introduced measures to bring Multi-National Enterprises (MNE) group under tax net in a market jurisdiction where their user base, revenue, data usage/ software downloads, etc. exceeds the prescribed threshold, leading to problem of double taxation. Such digital presence-based nexus rules should be included in the definition of ‘DST or relevant similar measure’ for removal of existing measures.
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OECD: Submission on Amount B under Pillar One
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We requested OECD and MoF to include transactions undertaken in relation to intangibles and services within the scope of Amount B of Pillar One. In such cases, the scope should be limited to buy-sell transactions and transactions where licensees have the limited right to replicate the software or provide keys to the users. OECD should also prescribe lower margins for marketing and distribution activities.
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MOCI: Challenges in applying for DTA Services Procurement Form
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We made a submission with request to accord one-time approval to each supplier for services rendered to SEZ units, similar to the one that exists under service tax regime. Like the API based integration of GST system with other departments/agencies, there should be one for SEZ online, to help in getting data of supplies from SEZ to taxpayers located in DTA for sharing of IGST paid on such supplies.
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BIS: Glossary of Terms for Services Sector
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In our feedback, we highlighted that glossary of terms must be developed in conjunction with the substantive standards, because the definitions/terms would have to be read in the context of the substantive standards. It is difficult for industry to provide inputs in the absence of the context. For more information, kindly write to garima@nasscom.in.
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