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Foreign Investment in a Company in India

Introduction
As the world turned to a global village, India leaped ahead of its Peer Countries due to its several investment opportunities, huge growth potential and favorable business environment and become hub of Foreign Investment. The steady growth of foreign investment in the Country since the past few years has become one of the pivotal factors in determining the pace of growth of Indian Economy. The foreign Investment in India is not only a growth driver for India Inc. but it also it plays a vital role in granting confidence and trustworthiness to the present as well as potential stakeholders of the organization besides earning International repute and recognition for the country. Infusion of foreign funds in the veins of Indian Economy has largely stimulated the growth of Indian Economy and with the government further liberalizing and streamlining the Foreign Investment policies and procedures, is hopefully supposed to play a crucial role even for the times to come.
FDI Policy
FDI is primarily governed by the Foreign Exchange Management Act, 1999 (FEMA) which lays down the broad framework under which Government of India through various regulatory bodies create, review and regulate the detailed provisions. The Government of India through Department of Industrial Policy & Promotion (DIPP) releases two comprehensive FDI policy in an year vide its Circulars which are effective from April 1 and October 1 of each year, the said FDI Policy combines all the prior policies/regulations relating to FDI in India in a single document . Every consolidated FDI policy circular, substitutes the last policy circular. The policy can be downloaded from www.dipp.nic.in.
Modes of Foreign Investment in the Company
'Foreign investment' refers to an investment in an enterprise by a Non-Resident whether it involves new capital or re-investment of earnings. Foreign investment is of two kinds – (i) Foreign Direct Investment (FDI) and (ii) Foreign Portfolio Investment. Any non-resident entity (other than a citizen of Pakistan or an entity incorporated in Pakistan) can invest in India, subject to the FDI Policy. The government of India has also specified the class of entities in which the Foreign Investment can be made and with respect to each set of entities there are separate guidelines and criteria to be followed. Indian Company being one of the recognized entities for receiving Foreign Investment, FDI in such entities flows under two routes – (a) Automatic Route and (b) Approval Route.
Route of Foreign Investment
Automatic Route
All Foreign Direct Investment proposals which do not require the approval of Foreign Investment Promotion Board are said to be investment under Automatic Route. This route is available to all sectors or activities that do not have a "sector cap" i.e. where 100% foreign ownership is permitted or where investment up to sectoral cap is allowed without approval.
Approval Route
All Foreign Direct Investment proposals, wherein the proposed investment in Indian Company is above the prescribed sector caps or where the proposed investment is in such sectors where investment is allowed only pursuant to approval, falls under the approval route.
Instruments for receiving Foreign Investment
The investment as aforesaid may be made in the Indian companies in any of the following modes:
  • equity shares,
  • fully, compulsorily and mandatorily convertible debentures and
  • fully, compulsorily and mandatorily convertible preference shares
In case any Unlisted Company issues any of the aforesaid instrument, than their pricing shall be determined by Discounted Cash Flow (DCF) method of valuation and in case of any listed company, according to method provided in SEBI (ICDR) Regulations. In case of convertible instrument the price or conversion formula of such instruments should be determined upfront at the time of their issuance. The price at the time of conversion should not in any case be lower than the fair value worked out, at the time of issuance of such instruments, in accordance with the valuation method as provided aforesaid.
Inwards remittance through the issuance of Depository Receipts and Foreign Currency Convertible Bonds (FCCB) are also counted towards FDI.
Instruments for Infusing FDI
Sectoral caps with reference to Foreign Investment
The government of India has, for the purpose of ensuring maximum economic growth and at the same time maintaining National interest divided the business activities into three different sectors. Each of the sectors has specified industries and procedures under its purview and specifies conditions to be followed with a view to infuse Foreign Investment in such specific industry of the sector. Such Sectors includes:-
  1. Prohibited Sectors – Sectors wherein Foreign Investment is strictly prohibited i.e wherein no application for approval can be made.
  2. Restricted Sector – Sectors wherein Foreign Investment is permitted under automatic approval up to a specified percentage and for any increase beyond such specified percentage, approvals is required or per se there are certain sectors wherein foreign investment is allowed only pursuant to approvals.
  3. 100% Automatic Sectors – Sectors under Automatic Route means such sectors wherein 100% investment is allowed without seeking any governmental approvals.
Sectoral caps with reference to Foreign Investment
Foreign Investment – Overview of implications involved
As and when the question regarding infusion of Foreign Funds arise, the first criteria to be verified is regarding which sectors such industry falls. In case of Automatic Route, the non-resident investor or the Indian company does not require any approval from Governmental authority, whereas, under the Restricted Sectors, prior approval of the Government of India through Foreign Investment Promotion Board (FIPB), Department of Economic Affairs (DEA), Ministry of Finance may be required. With specific reference to certain specified sectors, Foreign Equity should be infused after seeking approval and abiding by the policies & regulations of concerned authority as well such as SEBI, TRAI, IRDA, MIB etc.
Cases requiring approval
For proposals involving FDI under the Government route the following approval levels operate within the Foreign Investment Promotion Board i.e. though the requisite application would be filed by the applicant to the FIPB, it would be disposed of following the specified manner:-
Cases Requiring Approval
While granting approval to any application filed with the FIPB the FIPB takes into consideration and scrutinize various important aspects therein a brief flow chart of the procedure followed therein is specified below:-
Cases Requiring Approval
The FIPB is instructed not to change or impose additional conditions in any specific letter of approval pursuant to grant of such letter of approval to any Non-resident investor, Guidelines for e-filing of applications, filing of amendment applications and instructions to applicants are available at FIPB's website (http://finmin.nic.in/ ) and (http://www.fipbindia.com ).
Procedural implications with reference to Foreign Investment
In seeking foreign Investment under automatic route or under approval route post acquiring requisite approval, the following issues must be taken care of:-
  • The Indian company receiving foreign investment should report the details of the amount of consideration to the Regional Office of concerned RBI through its Category 1 Authorized Dealer not later than 30 days from the date of receipt. Such report should be accompanied with copy of FIRC/s evidencing the receipt of the remittance and the KYC report on the non-resident investor from the overseas bank remitting the amount, upon submission of which a Unique Identification Number (UIN) for the amount reported would be allotted to the entity.
  • The Capital Instrument must be issued within 180 days of the date of receipt of the inward remittance or by debit to the NRE/FCNR (B) account of the non-resident investor. In case the same is not done within the specified time frame the amount should be refunded to such non-resident shareholder.
  • The Capital Instrument must be priced in accordance with the valuation methodology provided.
  • After issue of shares (including shares issued on rights basis and shares issued under ESOP)/fully, mandatorily & compulsorily convertible debentures / fully, mandatorily & compulsorily convertible preference shares, the Indian company has to file Form FC-GPR, to the Regional Office of concerned RBI through its Category 1 Authorized Dealer not later than 30 days from the date of issue of Shares along with requisite annexure.
  • Separate forms are prescribed for reporting of non cash issuance and FCCB/ADR/GDR issues.
Conclusion
One of the main element which could lead to the improvement in the economic condition of the Country is the increase in the inflow of foreign investment. Towards such initiative the Government has time and again being simplifying procedural aspects and making its guidelines user friendly whether such user be a Foreign investor or the investee company seeking any approval. Though such steps are steadily taken by the Government however it's essential that a steady flow of such policies is maintained so that foreign investment for future also continues to rise.


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Foreign Trade Policy 2009-14

Foreign Trade Policy 2009-14

Shri Anand Sharma, Minister of Commerce and Industry while announcing the annual supplement 2010-11 to the Foreign Trade Policy 2009-14 stated that, "We are on course to achieve the export target of US$ 200 billion in the fiscal year 2010-11 and over the remaining 3 years of Policy, we should be able to come back on the high export growth trajectory of 25% per annum and by 2014, we expect to double India's exports of goods and services." Following are the Highlights of the Annual Supplement.

Higher Support for Market and Product Diversification

1. Additional benefit of 2% bonus, over and above the existing benefits of 5% / 2% under Focus Product Scheme, allowed for about 135 existing products, which have suffered due to recession in exports. Major sectors include all Handicrafts items, Silk Carpets, Toys and Sports Goods (all of which were earlier eligible for 5% benefits); Leather Products and Leather Footwear, Handloom Products and Engineering Items including Bicycle parts and Grinding Media Balls (all of which were earlier eligible for 2% benefit).

2. 256 new products added under FPS (at 8 digit level), which shall be entitled for benefits @ 2% of FOB value of exports to all markets. Major Sectors / Product Groups are Engineering, Electronics, Rubber & Rubber Products, Other Oil Meals, Finished Leather, Packaged Coconut Water and Coconut Shell worked items.

3. Instant Tea and CSNL Cardinol included for benefits under VKGUY @ 5% of FOB value of exports.

4. Nearly 300 products (at 8 digit level) from the readymade garment sector incentivised under MLFPS for further 6 months from October, 2010 to march, 2011 for exports to 27 EU

countries.

Support for Technological up-gradation

5. Zero duty EPCG scheme, introduced in August 2009 and valid for only two years upto 31.3.2011, has been extended by one more year till 31.3.2012. In addition, to give a boost to technological up-gradation for additional sectors as well, the benefit of the scheme has been expanded to cover paper & paperboard and articles thereof, ceramic products, refractories, glass & glassware, rubber & articles thereof, Plywood and allied products, marine products, sports goods and toys and additional engineering products.

6. Additional Towns of Export Excellence (TEEs) announced viz. Barmer (Rajasthan) for Handicrafts; Bhiwandi (Maharashtra) for Textiles; and Agra (Uttar Pradesh) for Leather Products.

Benefit and flexibility to Status Holders:

7. Status Holders contribute to a substantial part of our exports. To support them to upgrade their technology, 1% Status Holder Incentive Scheme (SHIS) introduced in August 2009 and valid for only two years upto 31.3.2011, has been extended by one more year for 2011-12 exports. In addition, to give a boost to technological up-gradation for additional sectors as well, the benefit of the scheme has been expanded to cover chemical & Allied products, paper, paperboard and articles thereof, ceramic products, refractories, glass & glassware, rubber & articles thereof, plywood and allied products, electronics products, sports goods and toys and additional engineering products.

8. Additional flexibility provided for transferability of Duty Credit Scrips being issued to Status Holders under paragraph 3.13.4 of  FTP under VKGUY scheme by allowing transfer of scrip for import of cold chain equipments to unit(s) in the Food Park.

Stability / Continuity of the Foreign Trade Policy:

9. The popular and exporter friendly Duty Entitlement Passbook (DEPB) scheme has been extended beyond 31.12.2010 till 30.06.2011.

10. Availability of concessional Export Credit: Interest subvention of 2% for pre-shipment credit for export sectors namely, Handloom, Handicraft, Carpet and SMEs for all export sectors, have been allowed till 31.3.2011 in the budget 2010-11. This facility has now been extended to a number of additional products pertaining to sectors like Engineering,

leather, textiles, Jute.

11. Advance Authorization for Annual Requirement shall also be exempted from payment of anti-dumping & Safeguard duty in line with the underlying principle that goods and services should be exported and not the taxes and levies.

Procedural Simplification and Reduction of Transaction Cost:

12. Exporters shall now have the flexibility to get a high value EPCG authorisation by filing their EPCG application on Annual basis, without the need to file the application for individual capital goods from time to time. It will reduce transaction time

and cost.

13. Exporters shall now have the flexibility to Club Advance authorisation with Advance Authorisation for Annual Requirement for the purpose of account closure.

14. To impart flexibility to exporters and to facilitate smooth clearance of consignments, a Single customs notification for the two variants of Advance Authorization scheme namely advance authorisation for physical exports & deemed exports shall be issued. It will also eliminate the ambiguity in clubbing of such exports.

15. Adhoc Norms ratified under Advance Authorisation scheme shall henceforth apply to all cases for the same export product upto one year not only prospectively but also retrospectively.

16. Clarification on the availability of 4% SAD refund benefit, as given by DOR in terms of customs Notification No. 102/2007, only to trader importers, to be also extended to manufacturers, who sell the imported items like traders.

17. Chartered Engineer Certificate for Advance Authorisation on self declared basis, has been dispenced with. This will reduce documentation and the transaction cost.

EDI Initiatives:

18. To reduce the transaction cost and time, the scope and domain of EDI is endeavoured to be continuously broadened. To remove redundancy of repeated submissions of RCMC, an 'e-RCMC' initiative has been commenced. Under this, the Export Promotion Councils would upload the RCMC data of their members on DGFT's website only once, thus reducing the procedural burden of repeated submissions and associated cost and time.

19. Facility of a data preparation module for Advance Authorization and Export Promotion Capital Good (EPCG) has been provided on an offline mode, which would reduce the need of continuous online interaction for long and address the connectivity and server response issues significantly.

20. In order to provide wider choice to the users and enlarge access for online filing, additional licenced certifying authorities for digital signatures and banks for electronic fund transfer (EFT) operations have been included in the gamut of EDI operations.

21. The online message exchange for Annual Advance Authorization and Duty Free Import Authorization (DFIA) shall also be made operational with Customs w.e.f. 1.12.2010.

Leather Sector:

22. Leather sector shall be allowed re-export of unsold imported raw hides and skins and semi-finished leather from Public bonded warehouses, without payment of any export duty. This will facilitate the logistics for establishment of such warehouses and easy access to raw material for the leather sector.

23. Finished Leather export shall be entitled for Duty Credit Scrip @ 2% under FPS.

24. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme would significantly benefit the Leather Sector.

Handloom sector:

25. Duty free import of specified trimmings, embellishments etc. shall be available on Handloom made-ups exports @ 5% of FOB value of exports.

26. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme would significantly benefit the Handloom Sector.

Textiles sector:

27. Duty free import of specified trimmings, embellishment etc shall be available @ 3% on exports of polyester made-ups in line with the facility available to sectors like Textiles & Leather.It will promote export of products such as micro cloth, which has become popular in home textiles.

28. Readymade Garment sector granted enhanced support under MLFPS for a period of further 6 months from October, 2010 to March, 2011 for exports to 27 EU countries.

Gems & Jewellery sector:

29. The list of items allowed for duty free import by Gems & Jewellery sector has been expanded by Inclusion of additional items such as Tags and labels, Security censor on card, Staple wire, Poly bag. This will reduce the cost of the product to some extent.

Handicraft Sector:


30. The facility of duty free import of tools under Duty Free Import scrips for Handicraft sector shall be made operational.

31. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme will significantly benefit the Handicrafts and Silk Carpets sectors.

Service sector:

32. Scrips issued under Served From India Scheme (SFIS) can now be used for payment of duty on import of Vehicles, which are in the nature of professional equipment.

Agriculture and Plantation:

33. Instant Tea and CSNL Cardinol included for benefits under VKGUY @ 5% of FOB value of exports.

34. Oil Meals (Cotton, rape seed, groundnut), Castor Oil derivatives, Packed Coconut Water and Coconut Shell worked items shall be entitled for benefits @ 2% of FOB value of

exports to all markets under FPS.

Engineering and Electronics:

35. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme will significantly benefit Bicycle parts and Grinding Media Balls exporters.

36. Additional items of Engineering, namely, Pipes & Tubes, Electric Generating Sets, Cast Articles of Iron & Steel, Ferro Manganese and Ferro Silicon shall now be entitled for benefit @ 2% under FPS.

37. A number of Engineering items namely, Machine Tools, Compressors, Iron & Steel Structures including Transmission Towers and Scaffolding, LPG Cylinders, Ductile Tubes & Pipes shall now be entitled for benefits @ 2% of FOB value of exports to all markets under FPS instead of their exports to specific markets under MLFPS earlier.

38. Telecom Equipments, Colour TVs, Audio Systems, Optical Media, Semi-conductors, Capacitors, Resistors, PCBs, LEDs, Conductors, Desktops and Notebooks shall now be entitled for benefits @ 2% of FOB value of exports to all markets under FPS instead of their exports to limited market under MLFPS earlier.

Toys and Sports goods:

39. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme will significantly benefit the Toys and Sports Goods Sector.

40. Benefits under Zero duty EPCG and SHIS schemes will significantly promote technological upgradation of Toys and Sports Goods sectors.

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CA Final AUDIT COMPILATION

CA Final AUDIT COMPILATION

Click here to download in Zip Format

For Sharing or requesting for other compliler or CA related file/topic contact BLOG EDITOR

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CA Final Costing MAFA Accounts Notes

CA Final Costing MAFA Accounts Notes
You can download
from the link given below in zip format


For Sharing or requesting for other compliler or CA related file/topic contact BLOG EDITOR
mohit8811@gmail.com

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Experience Or Education: Which One Lands You The Job?

Experience Or Education: Which One Lands You The Job?

Take this scenario: Bob and Joe are both applying for the same job. They each interview well, but Bob has 15 years experience and no college degree, and Joe is fresh out of college with no experience. Who gets the job? The answer is: it depends. Here are some factors to consider when it comes to the duel between education and experience.

Career Field

There are some careers where experience trumps education, and vice versa. In sales for instance, having a track record of dollars brought into the company will far outweigh any degree. Likewise, in a high-tech field, a recent college degree that consists of studying the latest developments might give you a leg-up over the guy with the experience in your field. Vocational fields like construction will value experience over education for obvious reasons. Your chosen career field will dictate how education and experience stack up against each other. (Learn about the bigger picture in How Education And Training Affect The Economy.)

Reputation
Not all experience or education is created equal. A degree from a top school in your field will open doors simply for its reputation; a degree from a college with a lesser reputation won't help you nearly as much. Did you earn your degree while working full time? That gives you a reputation of being a dedicated hard worker willing to make sacrifices - a reputation that will help you when you sit down to interview for a job.

When it comes to experience, reputation is just as important: simply clocking 40 hours a week for 15 years isn't going to win you any points. How did you add to the company's bottom line? Did you innovate, win awards, bring in new business, promote? Reputation matters when it comes to both education and experience.

Company Policy
Let's say Bob with the 15 years of experience is applying for a job within his company - an internal promotion he's convinced he's qualified for. The sad news for Bob is that the job may still go to Joe, fresh out of college with zero experience. Some companies may allow you to substitute experience for a college education, but others have a tougher policy, requiring a college degree, no substitutions. Bob may be the best candidate, but unless he goes to college, he'll be stuck where he is. Also note that certain industries, like education and healthcare, require education to qualify for necessary certification. (Learn more in Should You Head Back To Business School?)

Money, Money, Money
The Department of Labor reports that over the last few decades, employees with a college degree earn roughly 77% more than those with only a high school diploma, making a strong case for a college education. It also reports a lower unemployment rate for those with a college degree: 4.4% for workers with a bachelor's degree or higher, versus 10.8% for those with only a high school diploma.

Does this mean you should sign up at the nearest college? Not so fast - college debt is on the rise, with many college graduates struggling to pay their ballooning student loans. The cost of a four-year degree at a private college runs over $25,000, with public college setting you back about $6,500, plus opportunity costs. Consider your career field, the college's reputation and your finances carefully before committing.

Solutions
So what to do if you lack education or experience? For college grads, interning offers a great opportunity to get that experience and show you're willing to invest into your career. Likewise, volunteering can give you a resume boost; look for positions that will give you the experience you need, even if it's not in your field. (Learn more about building up your experience; read Internships: Find The Best One For You.)

If your resume lacks in education credits but you can't commit to a four-year degree, look at taking classes in your field to show that you're investing in your career and thinking ahead; technology skills are always in demand, and many (public) colleges offer online classes and certificates.

The Bottom Line
When it comes to experience versus education, there's no clear winner. If you're on the hunt for a job, find ways to strengthen the part you're missing, and you'll be sure to beat both Bob and Joe.


SOURCE: INVESTOPEDIA

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What is BASEL II INTEGRATED RIST MANAGEMENT SYSTEM ?

Basic Concept About BASEL II INTEGRATED RISK MANAGEMENT SYSTEM
Download the Pdf file CLICK HERE OR
Copy this link to your internet brower

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What is the base rate?

What is the base rate?
When someone borrows money to buy car or house or electrical appliance or any thing else, there is an interest rate that one has to pay to the lender. рдеे base rate is the minimum rate of interest that a bank will lend money at as per RBI guidelines. This is like floor interest rate below which RBI will not allow banks to lend money to any one.
Previously, banks used decide interest rates on the loans they offered, on a complicated system called benchmark prime lending rate (BPLR). Eachbank has its own BPLR which is very difficult for borrowers to compare rates across banks.
Now, with the base rate, it will be easier for everyone to compare across banks and to get a more transparent sense of how the interest rate for the loan is being arrived at.

Is interest rate going to be cheaper? Will my EMI change?
The most important thing to keep in mind is that the cost of money is not changing, i.e., if a car loan cost about 12% or a home loan cost 9%, these rates of interest charged are not going to change. 
Its just that the method used to arrive at this will be more clear to everyone. So, interest rates aren't coming down as a result of this base rate implementation.
Following on from this, your EMI on an existing loan is also not going to change. You will continue to pay whatever you were paying up to last month in future months as well.


Should one change to a bank with a lower base rate?
As mentioned above, the cost of money is not changing. Most banks continue to charge a very similar rate of interest as they did before. Just because one bank has a base rate of 7% and another has a rate of 8.5% does not mean one should change to the bank with the lower rate. 
On top of base rate there are additional amount of interest that the banks are charging, to cover its cost of doing business, and some compensation for the risk its taking in lending money. 
So, after all these additions, its unlikely that the lending rates of one bank are any different to the rate being charged by any other bank. And there is no major advantage to shifting from one bank to another.

How does the base rate affect pre-existing loan?
For existing loans, there is nothing going to change. As mentioned above, interest rates aren't changing in the economy. However, when any loan comes up for renewal, then it will be priced using the base rate formula.

Will the base rate remain fixed forever?
No, the RBI has given guidelines to banks to adjust their base rates depending upon the prevailing market conditions and interest rate policies. Expect to see banks update their base rates every few months if that is required. Banks will then communicate this to all their clients.


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