nasscom Public Policy Monthly Mailer | Volume 6, Issue 6 | June 2024
focus in Focus
MEITY
Revision of IT Policy 2012
Revision of IT Policy 2012
MEITY is in the process of framing a new IT policy (existing National IT Policy, 2012) to address the present challenges and create a vision to continue and accelerate the growth of the Indian IT industry. On May 21, 2024, a kick-off round table with industry Associations was convened under the chairmanship of Secretary, MEITY, Shri. S. Krishnan. At the roundtable, nasscom presented their views on issues related to talent access, EoDB, fostering R&D, nurturing tech start-ups, etc. We look forward to working closely with the government and industry to contribute to the exercise of framing a future proof new IT policy. To send us your suggestions on the subject, kindly write to us at policy@nasscom.in.
representations SUBMISSIONS AND REPRESENTATIONS
MCA
Committee on Digital Competition Law Report and draft Digital Competition Bill, 2024
Nasscom submitted feedback on the Report of CDCL and draft DCB on May 15, 2024. Our overall position is that before government adopts a new ex-ante law, it requires more in-depth examination of the existing framework, how to strengthen it and better understanding of market realities/concerns. Also, we highlighted the need for empirical evidence to analyse the need of an ex-ante law including the impact of such intervention on the MSMEs/start-up ecosystem.
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MOF
Submissions - Measures to improve ease of doing business under GST, corporate tax and transfer pricing
Pursuant to us meeting with the MOF on April 26 and 27, we have made detailed submissions on key measures to improve EODB under GST and corporate tax and increase the global competitiveness of India's transfer pricing regime. These include suggestions on the following:
Bullet GST Issues - Review of the concept of intermediary services under the GST, levy of GST on share-based payment to employees, free of cost supply of intangibles, need for rationalising the rate of TCS to ease working capital for sellers on ecommerce, enabling the concept of virtual place of business for sellers tagged to the locations of the warehouses of e-commerce operator, amongst others.
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Bullet Corporate Tax - Tech-related and procedural issues including automatic adjustment of refund against outstanding tax demands, erroneous processing of tax returns, non-availability of One-Time Password on official email-id of non-resident while filing Form 10F.
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Bullet Transfer Pricing - Need for expanding the scope of the safe harbour regime and reducing the prescribed profit margins to bring them in line with global trends, reducing the time taken to conclude the Advance Pricing Agreements (APAs).
RBI
Draft Directions for Regulation of PA
We submitted feedback to RBI on the draft amendments to the PA-PG Guidelines and the draft regulation of PA-point of sale. Our feedback highlighted concerns with the draft amendments with a view to minimising unintended consequences on legitimate business practices and adopting least burdensome measures that achieve the desired objective. We also sought certain clarifications from RBI to minimise ambiguity and enable effective compliance by the industry.
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DPIIT
IPR concerns for Start-ups
On May 07, 2024, nasscom submitted the feedback to DPIIT on improving the Indian patent regime for start-ups. Our suggestions included strengthening the support for international filing, adding details about the area of expertise of facilitators under SIPP, improving the Indian patent search service, and bringing procedural improvements at the Indian Patent Office. For more information, kindly write to policy@nasscom.in.
Rajasthan Government
Rajasthan IT Policy
We provided feedback to Rajasthan Government on the draft state IT policy. The feedback consisted of measures to promote ease of doing business, skilling, Engineering, Research & Development, regular engagement with stakeholders and annual review of the policy. For more information kindly write to policy@nasscom.in.
Kerala Government
Kerala IT Policy
We provided feedback to Kerala Government on the draft state IT policy. The feedback consisted of measures to promote ease of doing business, support for small and medium enterprises, support for existing businesses, skilling, Engineering, Research & Development, regular engagement with stakeholders and annual review of the policy. For more information kindly write to policy@nasscom.in.
Karnataka Government
Karnataka GCC Policy
Pursuant to our meeting with the Karnataka IT department on the state GCC policy, we have made a detailed submission on key policy imperatives which should be included in the Karnataka GCC policy.
These include measures to boost:
Bullet Infrastructure development in Tier II/ Tier III cities
Bullet Skill development to enable industry-ready talent trained on new/emerging skills and capabilities such as Gen AI, Machine Learning, Robotic Process Automation, etc.
Bullet Fiscal incentives such as support for capital and operating expenditure, stamp duty exemption, electricity duty incentive, etc.
discussion DIALOGUE & DISCUSSION
DPO & Nagarro Event
AI Governance in India: Balancing Innovation and Regulation
AI Governance in India: Balancing Innovation and Regulation
At this knowledge sharing session with the industry, Ashish spoke about nasscom's initiative of developing voluntary industry good practices for responsible AI. He discussed the need for better understanding of cases of AI malfunction in India and assessing the associated risk. Given the emerging nature of the technology, he made a case for non-binding guidance as a tool that the regulators and government may consider in situations which required demonstration of compliance or a certain kind of behaviour from the firms.
EPFO
Meeting with Central Provident Fund Commissioner
On May 22, 2024, nasscom facilitated a stakeholder meeting with the EPFO to discuss measures on streamlining the existing processes. The meeting was chaired by the CPFC, Ms. Neelam Shami Rao. The issues discussed included UAN generation for employees on foreign deputations, locked and deactivated accounts, problems with data corrections and joint declaration. The EPFO noted the challenges and assured to work closely with the industry to resolve them.
DoCA and BIS
Meeting to discuss the Indian Standard on Online Consumer Reviews
We participated in a meeting with BIS and DoCA to discuss the way forward for curbing the issue of fake and manipulative online reviews. DoCA discussed the need for mandating the Indian Standard titled titled ‘Online Consumer Reviews — Principles and Requirements for their Collection, Moderation and Publication’. We highlighted that the industry is aligned on the objective of the standard, i.e., to resolve fake and manipulative online reviews, however, there are concerns with the implementation of the Standard due to its prescriptive nature.
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upcoming NEW & UPCOMING
Call for Inputs: Feedback on Indian Standard on Online Consumer Reviews
We are seeking industry's feedback on the concerns with the implementation of the Indian Standard titled 'Online Consumer Reviews — Principles and Requirements for their Collection, Moderation and Publication'. Kindly write to policy@nasscom.in to share your inputs.
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List of Acronyms
BIS Bureau of Indian Standards
CDCL Committee on Digital Competition Law
CPFC Central Provident Fund Commissioner
DCB Digital Competition Bill
DPDPA Digital Personal Data Protection Act
DPIIT Department for Promotion of Industry and Internal Trade
DOCA Department of Consumer Affairs
EPFO Employees' Provident Fund Organisation
EODB Ease of Doing Business
GCC Global Capability Centre
GST Goods and Services Tax
IPR Indian Patent Regime
IT Information Technology
MCA Ministry of Corporate Affairs
MEITY Ministry of Electronics and Information Technology
MOLE Ministry of Finance
MOF Ministry of Finance
PA Payment Aggregator
RBI Reserve Bank of India
UAN Universal Account Number
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