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SETTING UP BUSINESS IN INDIA
FOREIGN DIRECT INVESTMENT IN INDIA
  • Government of India has permitted foreign investment in almost all sectors with a few exceptions, such as atomic energy & lottery business
  • In the permitted sectors, subject to sectoral caps, FDI may be via 2 routes:
    • Automatic route or
    • Government route (where prior approval of Government of India is required)
  • Equity inflow of and below USD 770 million – Approval from Sectoral department in consultation with Department of Industrial Policy & Promotion (DIPP)
  • Equity inflow of more than USD 770 million - Approval from Cabinet Committee on Economic Affairs
ENTRY OPTIONS
  • Foreign Investors can commence business in India as:
  • 1. An Indian Company:
    • Joint Venture as (i) Private Limited or (ii) Public Limited Company
    • Wholly owned subsidiary permissible in sectors where 100% FDI is permitted
  • 2. A Foreign Company:
    • Liaison Office to represent the parent company in India
    • Branch Office activities such as Export-Import of goods; research, consultancy etc.
    • Project Office activities as per contract to execute project
  • 3. Limited Liability Partnership:
    • Subject to provisions of LLP Act, 2008
    • FDI permitted under the automatic route in LLPs operating in sectors/activities where 100% FDI is allowed and there are no FDI-linked performance conditions
LOCATION IDENTIFICATION
  • 1. Availability of Land:
    • Land in India is a State subject
    • To set up a unit, Investors should get in touch with the respective State Industrial Corporations (IDCs) with business plans and desired land size
    • Applications are reviewed and processed based on merit
  • 2. Types of Land Allocation:
    • Special Economic Zones, Software Technology Parks, Sector-specific Clusters, Export Oriented Unit
    • National Investment and Manufacturing Zones (NIMZs)
    • Private Land - as per FDI policy and State-specific regulations/Conversion from agricultural to non-agricultural land
    • Industrial Parks/ Zones/ Areas – Country/Industry-specific or Multi product
  • For further queries, Connect with Invest India:
    The national level investment promotion & facilitation agency, provides facilitation services for obtaining information on land, arranging location visits for investors and connecting them to state IDC’s/SEZ/NIMZ’s etc. (http://www.investindia.gov.in/)
APPROVALS AND CONSTRUCTION - SETTING UP BUSINESS AS AN INDIAN COMPANY
  • Investing in India
  • 1. Registering with Registrar of Companies, India (Udyog Aadhar Memorandum / Industrial Entrepreneurship Memorandum/Industrial Licensing) – Single electronic form SPICe (Simplified Performa for Incorporating a Company electronically) has been recently introduced for registering private limited companies. The form provides five services in one e-Form – Director Identification Number, Name Reservation, Incorporation, PAN, TAN.
  • 2. Licenses and Permits:
    • Land: Application to respective State Infrastructure Corporation/ DIC/ SIDC/ SSIDC
    • Environment: Application to the Secretary, Ministry of Environment and Forests, New Delhi (Check Guidelines here)
    • Consent to Establish and Consent to Operate from individual Pollution Control Boards
    • Factory plan approval – Application to local bodies/Chief Inspector of factories
    • Power: Application to State Electricity Distribution Company for sanction of power supply for LT/ HT or Extra High Tension connection as applicable
    • Water: Application to SIDC /SIPB or Central Ground Water Commission depending on source
    • Fire: Provisional Fire Safety Approval from State Fire and Safety department; final approval by local State authority
    • Boiler NOC
    • Tax: VAT/ Service Tax/Professional Tax/Central Excise registration
    • Labour Compliances
TAXATION OVERVIEW
  • Overview of Regulatory Compliances
  • 1. Service Tax
    • Levied on services
    • Monthly/Quarterly and Half yearly reporting as applicable (e.g. to company/ society/ individual/ partnership etc.)
  • VAT/CST
    • Levied on Sale of Goods
    • monthly/ quarterly tax depending upon state legislations and VAT annual return as applicable
  • TDS
    • Applicable to salary, interest, commission, brokerage, professional fees, royalty, contract payments, etc. wherein tax is deducted by the payer and is remitted to the Government on behalf of the payee. TDS is managed by Central Board of Direct taxes (CBDT)
  • Income Tax Filing
    • Filing of Income Tax is mandatory for eligible individuals/companies etc. for the applicable assessment year
  • Custom
    • Levied on all goods imported into India and few goods exported from India – export duty currently exempt
  • Excise
    • Levied on Excisable Goods manufactured in India
  • Useful Links:
    Central Board of Direct Taxation, India: http://www.incometaxindia.gov.in/Pages/about-us/central-board-of-direct-taxation.aspx
    Central Board of Excise and Customs: www.cbec.gov.in
Why Invest in India
Fastest Growing Economy
  • One of the fastest growing economies in the world, India has sustained recent global downturn and also emerged as one of the leading nations in terms of GDP growth rate and FDI inflows
  • India is likely to grow at consistently higher rates (>7%) and retain its position as one of the fastest growing economies till 2020 (Source: International Monetary Fund)
  • In recent years, India has emerged as one of the most attractive destinations not only for investments but also for doing business, evident by its significant jump by 12 places in Ease of Doing Business rankings between 2014 and 2015 (Source: Ease of Doing Business, World Bank)
  • India accounted for 1.7% of global merchandise exports in 2014, compared to 0.8% in early 2000. Exports have increased at a Compound Annual Growth Rate of 11.6% in FY 2010 to USD 310 billion in FY 2015 (Source: EXIM Bank Catalyzing India’s trade and investment, July 1, 2015; WTO International Trade Statistics 2015)
  • Foreign exchange reserves have been at a comfortable level over recent years. Currently, India’s reserves stand at USD 371.279 billion (Source: Reserve Bank of India as on 9th September, 2016)
  • India ranks amongst the top 10 FDI destinations globally - surpassing USD 50 billion in FY 2015-16. India has shown a growth of 46% in FDI equity inflow and 37% in overall FDI inflow since the launch of Make in India initiative (Source: Ministry of Commerce, Government of India)
  • India’s fiscal deficit stood at 3.9 % of GDP (USD 81.85 billion) in FY 2015-16 and envisaged to come down to 3.5% of GDP by the end of FY 2016-17 (Source: https://data.gov.in/)
Demographic Advantage
  • With 356 million 10-24 year-olds, India has the world’s largest youth population (Source: UNFPA, The Power of 1.8 billion, 2014)
  • The proportion of working age population in India is likely to reach more than 64% by 2021, with a large number of young persons in the 20-35 age group (Source: Economic Survey 2014)
  • The average age of 125 billion persons will be 29 years by 2020 (Source: Economic Survey, 2014)
  • If India continues its recent growth trend, average household incomes will triple over the next two decades and it will become the world's fifth largest consumer economy by the year 2025 (Source: The Bird of Gold, McKinsey Report)
  • India is expected to be the largest supplier of university graduates in the world by 2020 (Source: Morgan Stanley Research)
  • India has 712 university level institutions, 36,671 colleges along with 11,445 standalone institutions (Source: Educational Statistics at a Glance 2014, Ministry of Human Resources Development)
Favourable Policies
  • Major FDI policy reforms have been made in a number of sectors, such as defense, construction development, pensions, broadcasting, pharmaceutical and civil aviation
  • Foreign investors can invest in India either on their own or as a joint venture, as may be required in a few sectors
  • Barring a few reserved sectors, 100% FDI is allowed through the automatic route in several sectors, without the need of government approval, namely Automobile, Food Processing, Construction etc.
  • In the Union budget 2016-17, the government has emphasized the need to increase manufacturing as a percentage of GDP
  • The Central and State governments have sector specific policies, incentives and subsidies to promote manufacturing
  • Increased allocation in the budget to improve infrastructure, which is critical in facilitating future growth
Developing Infrastructure
  • Sagarmala Project:
    The project includes modernization of ports, setting up of coastal economic zones, new major ports and fish harbors
    Capital outlay of USD 10 billion (Ministry of Shipping)
  • SMART Cities Mission:
    Developing 100 smart cities as satellite towns of larger cities and by modernizing existing cities.
    Capital outlay of USD 15 billion
  • AMRUT:
    In an effort to recast urban landscape and make urban centers more livable and inclusive.
    Capital outlay of USD 7.69 billion
  • Roads & Highways:
    Development of about 7000 km of national highways under Bharatmala Pariyojana.
    Capital outlay of USD 12 billion
  • Railways:
    Dedicated freight corridor for decongesting existing network.
    Capital outlay of USD 12.3 billion
  • Strategic location:
    India’s 7500 km coastline has 12 major ports, over 200 minor parts and is strategically located on world trade routes.
    • Some of the emerging and established markets such as Middle-East and South East Asian countries are closely located
    • India is surrounded by the Bay of Bengal, the Arabian Sea and the Indian Ocean, an arrangement that facilitates most its overseas trade in all main directions
SUPPORTING GOVERNMENT STRUCTURE
  • World’s largest democracy - India is a Sovereign Socialist Secular Democratic Republic with a Parliamentary form of government, which is federal in structure with unitary features
  • India’s robust legal and political systems ensure long-term political stability
  • The Indian political system is supported by Executive, Legislative and Judicial branches. Every major branch is independent of one another
  • Independent financial institutions for business:
    1. The Reserve Bank of India (RBI) has played a critical role in maintaining the economic stability in India despite the global economic scenario. The focus on containing inflation and ensuring that interest rate cuts are passed on by banks, is a revolutionary step and structural reform in itself. RBI has been increasing access to foreign exchange reserves, and moderating periods of extreme volatility in the currency through exchange intervention.
    2. Securities Exchange Board of India (SEBI) has been the regulator of Indian markets since it was granted legal status in 1992. Among other functions, one of SEBI’s prime objectives is ensuring the rights and safety of investors. India achieved a rank of 8 in World Bank’s Ease of Doing Business Ranking – protecting minority investors, highlighting the efficiency of the organization.
    3. The Competition Commission of India (CCI) is responsible for enforcing The Competition Act across India. Their objective is to play an overarching role as a market regulator across all sectors with focus on anti-competitive behaviour of enterprises that may distort competition.
FDI AT a glance
India’s FDI Growth – Make in India Impact
FDI Growth after Make In India
India’s FDI growth over the previous year
FDI Growth Over the previous year
SECTORS UNDER AUTOMATIC ROUTE (WITH CONDITIONS)
UP TO 1OO%
Agriculture, Plantation, Mining – Metal & non-metal ores; Lignite & Coal, Manufacturing, Broadcasting Carriage Services (Teleports, DTH, Cable Networks, Mobile TV, HITS), Broadcasting Content Service ­– Up-linking of Non-‘News & Current Affairs’ TV Channels/ Down-linking of TV Channels, Airports – Greenfield; Brownfield, Airport Transport Services – Non-Scheduled; Helicopter/Seaplane Services, Ground Handling Services, Maintenance and Repair Organizations; Flying and Training Institutes; Technical Training Institutions, Construction Development, Industrial Parks – New and Existing, Trading – Wholesale; B2B e-commerce, Duty Free Shops, Railway Infrastructure, Asset Reconstruction Companies, Credit Information Companies, White Label ATM Operations, Other Financial services (includes NBFCs; via automatic route if regulated by any financial sector regulator/govt agencies, Pharma – Greenfield, Petroleum & Natural Gas ­– Exploration Activities of Oil and Natural Gas Fields
UP TO 49%
Petroleum Refining by PSUs, Infrastructure Company in the Securities Market, Commodity Exchanges, Insurance, Pension, Power Exchanges
SECTORS WHERE GOVERNMENT APPROVAL IS REQUIRED (as on July 8, 2O16)
UP TO 1OO%
(Government approval – up to 100%)Mining and mineral separation of Titanium bearing minerals and ores, Publishing/printing of scientific and technical magazines/specialty journals/periodicals, Publication of facsimile edition of foreign newspapers, Satellites - establishment and operation, Food product retail trading
UP TO 1OO%
Up to 100% (Government approval – beyond 74%)Pharma – Brownfield
UP TO 1OO%
Up to 100% (Government approval – beyond 49%)Defence, Air Transport Service - Scheduled and Regional Air Transport Service, Telecom Services, Trading - SBRT
UP TO 74%
Up to 74% (Government approval – beyond 49%)Banking - Private Sector, Private Security Agencies
UP TO 51%
Up to 51% (Government approval – up to 51%)Trading - MBRT
UP TO 49%
Up to 49% (Government approval – up to 49%)Broadcasting Content Service
  • FM Radio
  • Uplinking of news & current affairs TV Channels
Investment by Foreign Airlines
UP TO 26%
Up to 26% (Government approval – up to 26%)Print Media - Publication of Indian editions of foreign magazines dealing with news and current affairs, Print Media - Publishing of newspaper and periodicals dealing with news and current affairs
UP TO 2O%
Up to 20% (Government approval – up to 20%)Banking - Public Sector
Make in india: Achievements
  • Automotive Sector : View
  • Aviation Sector : View
  • Biotechnology Sector : View
  • Chemicals & Petrochemicals Sector : View
  • Defence Manufacturing Sector : View
  • Electronics & IT Sector : View
  • Food Processing Sector : View
  • Gems & Jewellery Sector : View
  • Leather Sector : View
  • Media & Entertainment Sector : View
  • Mining Sector : View
  • MSME Sector : View
  • New & Renewable Energy Sector : View
  • Oil And Gas Sector : View
  • Pharmaceuticals Sector : View
  • Ports & Shipping Sector : View
  • Power Sector : View
  • Railways : View
  • Skill Development Sector : View
  • Steel Sector : View
  • Textiles & Garments Sector : View
  • Tourism And Hospitality Sector : View
  • Telecommunications Sector : View
Investing in India: Who Can Help

Invest India is the first port of call for potential investors. It is the official investment promotion and facilitation agency of the Government of India, mandated to facilitate investments into India.

Experts provide sector- and state-specific inputs, and handholding support to investors through the entire investment cycle, from pre-investment decision-making to aftercare.

The team assists with:
  • Market strategy
  • Business plan advisory
  • Location identification
  • Expediting regulatory approvals
  • Facilitating meetings with relevant government and corporate officials
  • Initiating remedial action on problems faced by investors
Invest India
WHO ARE THE STAKEHOLDERS OF INVEST INDIA?

Invest India is promoted by the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce and Industry (Government of India), the State Governments of India and the Federation of Indian Chambers of Commerce & Industry (FICCI).

DOES INVEST INDIA HAVE ANY FOREIGN ASSOCIATIONS?

Invest India has signed Memoranda of Understanding/Framework for Investment Cooperation with select Investment Promotion Agencies in select countries. These are:

  • JETRO (Japan),
  • Invest in America (USA),
  • UK Trade & Invest and UK India Business Council (UK),
  • Invitalia (Italy),
  • UBIFrance & Invest in France (France),
  • KOTRA (South Korea),
  • BOI Mauritius (Mauritius),
  • Czech Invest (Czech Republic),
  • Kaznex Invest (Republic of Kazakhstan),
  • Saudi Arabian General Investment Authority (Saudi Arabia).

Invest India is also working closely with Indian missions abroad, foreign missions in India and bilateral/ multilateral agencies.

DOES INVEST INDIA HAVE ANY INTERNATIONAL OFFICES OR REPRESENTATIVES?

Invest India functions out of its Headquarters in New Delhi, India. However, for any investment related queries you may get in touch with the commercial representatives of the Indian Embassies/Consulates in your country

DOES INVEST INDIA CHARGE FOR THE SERVICES?

No. Invest India is a Section 8, Not-For-Profit organisation. The services provided are completely free of charge. For more specific information, do fill out our investor query form

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