www.skpcrossborder.com Nov 1, 2004
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Interesting Reads

Stop Press…well actually Press Note 18!!

Press Note 18, a long-standing irritant in the foreign investment policy that hampered MNCs from diversifying their investments in India, will soon be on its way out.

Currently, the domestic partner in a joint venture has the power to veto any associated business floated exclusively by the foreign partner as long as it is “in the same line of business”. This is valid even after they have long parted ways. This peculiar entry barrier had created a stalemate of sorts, whereby the domestic partner failed to bring in its share of funds for necessary expansion and ended up preventing the foreign partner from going into other 100% owned ventures. Many proposals for new investments by foreign companies were rejected, simply because the domestic partner in an existing venture refused to give a no objection certificate (NOC). In many cases, the domestic partner extracted a handsome price for either providing the NOC or selling out its stake to the foreign partner at a huge premium.

However, the new policy may move that discretion away from the government and leave the entire matter to an agreement between the two partners. Subsequently, the government policy, including Press Note 18, cannot override the shareholders’ agreement. This will virtually render the most contentious aspect of Press Note 18 redundant.

Our Say

This move is nothing short of being long overdue. In recent times many investment proposals by foreign companies have been rejected due to objections of domestic partners –for example Walt Disney did the rounds of the government for close to two years as Modi Entertainment opposed its entry and only a settlement between the two allowed Disney an entry on its own.

The deletion of the policy was strongly recommended because it was seen as inherently flawed and in all probability was sending out wrong signals by keeping such a retrograde policy alive. It is now felt that that Indian corporates have come into their own and can compete with 100%-owned MNCs on any turf without the need for such protectionist state intervention.

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Cenvat rule extends input tax credit across goods & services

The finance ministry has come out with draft Cenvat credit rules, following the Budget decision to extend credit of input taxes across goods and services. The move will facilitate integration of tax on goods and services (GST).

The definition of inputs for services is almost the same as for goods. Credit would not be allowed on light diesel oil, high speed diesel oil, motor spirit and motor vehicles. Credit on motor vehicles would be allowed only to the service providers of courier, tour operator, rent-a-cab scheme operator and goods transport agency.

In principle, credit would be available on those taxable services that form a part of the assessable value on which excise is charged. This includes certain services that are received before production starts, but whose value will be absorbed in the value of goods.

In the case of services received after the goods are cleared from the factory, credit would be extended up to the stage of place of removal. Services like advertising, market research — which are not directly related to manufacture but are related to the sale of manufactured goods — would also qualify for credit.

Manufacturers making both exempted and non-exempted goods and not maintaining separate accounts would pay 9% of the price of exempted goods. A service provider of exempted and non-exempted services not maintaining separate accounts would pay 5% of the price of exempted services.

For specified services such as construction, erection, commissioning and installation credit would be disallowed only when they are used exclusively in relation to manufacture of exempted goods or services. Otherwise full credit would be allowed in the first year itself.

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In the News
Transfer of Shares gets easier as FIPB gets liberal!!
End of product patents makes India best bet for pharma MNCs

Interesting Reads
Stop Press…well actually Press Note 18!!
Cenvat rule extends input tax credit across goods & services
“Metro”mania amongst BPO players dulls as newer entrants emerge
India’s outsourcing capabilities move up the value chain

Quick Links
Textile EOUs get duty relief on fabrics
Indian Sugar Market: too sweet to resist
BPOs decide location on City personality

India Inc
- Investment briefs
Ericsson to set up radio base stations in India
Wal-Mart to set up wholly-owned arm in India
Genesis acquires Smart Yantra
Teledata buys Bitech's Dubai arm
US' Qualcomm to work with local chip design firm
Suzuki to capitalize on India’s auto boom
Macquarie Bank plans Indian arm

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