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January 13-14, 2017
www.acquisory.com 1
News Bytes
CORPORATE
RBI
Foreign Exchange Management (Transfer
or Issue of Security by a Person Resident
outside India) (Fifteenth Amendment)
Regulations, 2016
Reserve Bank of India (RB) vide Notification
No. FEMA.377/2016-RB dated 10th January,
2017 has issued Foreign Exchange
Management (Transfer or Issue of Security
by a Person Resident outside India)
(Fifteenth Amendment) Regulations, 2016.
The amendment has been made in
Regulation 2 wherein a new sub clause has
been inserted with regard to convertible
note. “(iiA) ‘convertible note’ means an
instrument issued by a startup company
evidencing receipt of money initially as debt,
which is repayable at the option of the
holder, or which is convertible into such
number of equity shares of such startup
company, within a period not exceeding five
years from the date of issue of the
convertible note, upon occurrence of
specified events as per the other terms and
conditions agreed to and indicated in the
instrument;”
https://www.rbi.org.in/Scripts/Notificatio
nUser.aspx?Id=10825&Mode=0
Evidence of Import under Import Data
Processing and Monitoring System (IDPMS)
Reserve Bank of India (RBI) vide Circular No.
27 dated 12th January, 2017 has outlined the
obligation of purchaser of Foreign Exchange
and submission of document as Evidence of
Import. In order to enhance ease of doing
business and reduce transaction costs, it has
been decided to discontinue submission of
hardcopy of Evidence of Import documents
i.e. BoE, with effect from December 01,
2016, as it is available in IDPMS.
https://www.rbi.org.in/Scripts/Notificatio
nUser.aspx?Id=10824&Mode=0
SEBI
Securities and Exchange Board of India
(Foreign Portfolio Investors) (Amendment)
Regulations, 2017
Securities Exchange Board of India (SEBI)
vide Notification dated 12th January, 2017
has issued Securities Exchange Board of
India (Foreign Portfolio Investors)
(Amendment) Regulations, 2017.
http://www.sebi.gov.in/cms/sebi_data/at
tachdocs/1484304556024.pdf
January 13-14, 2017
www.acquisory.com 2
TAXATION
India and Kazakhstan sign Protocol to
amend the Double Taxation Avoidance
Convention (DTAC)
Ministry of Finance had issued a press
release on signing of a Protocol to amend
the Double Taxation Avoidance Convention
(DTAC) between India and Kazakhstan. The
existing Double Taxation Avoidance
Convention (DTAC) was made between the
two countries on 9th December, 1996 for
the avoidance of double taxation and for the
prevention of fiscal evasion with respect to
taxes on income. This Protocol provides
internationally accepted standards for
effective exchange of information on tax
matters. The Protocol inserts a Limitation of
Benefits Article, to provide a main purpose
test to prevent misuse of the DTAC and to
allow application of domestic law and
measures against tax avoidance or
evasion. The Protocol inserts specific
provisions to facilitate relieving of economic
double taxation in transfer pricing
cases which is a taxpayer friendly
measure. Further, the Protocol replaces
existing Article on Assistance in Collection of
Taxes with a new Article to align it with
international standards.
http://pib.nic.in/newsite/PrintRelease.asp
x?relid=156176
OTHERS
EPF Statutory dues for the month of
December can be paid by 20th January 2017
Ministry of Labour & Employment vide Press
Release dated 13th January, 2017 it has been
decided that the issues arising out of
stabilisation of the Unified Portal for
employers with UAN Based simplified
Electronic Challan cum Return filing system
the remittance for the month of December
2016 can be paid by 20th January 2017.
The Portal was launched by EPFO on
23.12.2016, which helps in submission of
UAN based returns and challans. It has been
noticed that due to increased traffic on the
portal, many employers have faced some
difficulty in upfront allotment of UAN,
connectivity/login issues, website slowing
down and also unfamiliarity of the new
processes. The Statutory dues are to be paid
by 15th of every month.
For any query:
Contact – Sunaina Jhingan
Email – Sunaina.jhingan@acquisory.com

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RBI SEBi and Taxation Updates 13th 14th January 2017

  • 1. January 13-14, 2017 www.acquisory.com 1 News Bytes CORPORATE RBI Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Fifteenth Amendment) Regulations, 2016 Reserve Bank of India (RB) vide Notification No. FEMA.377/2016-RB dated 10th January, 2017 has issued Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Fifteenth Amendment) Regulations, 2016. The amendment has been made in Regulation 2 wherein a new sub clause has been inserted with regard to convertible note. “(iiA) ‘convertible note’ means an instrument issued by a startup company evidencing receipt of money initially as debt, which is repayable at the option of the holder, or which is convertible into such number of equity shares of such startup company, within a period not exceeding five years from the date of issue of the convertible note, upon occurrence of specified events as per the other terms and conditions agreed to and indicated in the instrument;” https://www.rbi.org.in/Scripts/Notificatio nUser.aspx?Id=10825&Mode=0 Evidence of Import under Import Data Processing and Monitoring System (IDPMS) Reserve Bank of India (RBI) vide Circular No. 27 dated 12th January, 2017 has outlined the obligation of purchaser of Foreign Exchange and submission of document as Evidence of Import. In order to enhance ease of doing business and reduce transaction costs, it has been decided to discontinue submission of hardcopy of Evidence of Import documents i.e. BoE, with effect from December 01, 2016, as it is available in IDPMS. https://www.rbi.org.in/Scripts/Notificatio nUser.aspx?Id=10824&Mode=0 SEBI Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2017 Securities Exchange Board of India (SEBI) vide Notification dated 12th January, 2017 has issued Securities Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2017. http://www.sebi.gov.in/cms/sebi_data/at tachdocs/1484304556024.pdf
  • 2. January 13-14, 2017 www.acquisory.com 2 TAXATION India and Kazakhstan sign Protocol to amend the Double Taxation Avoidance Convention (DTAC) Ministry of Finance had issued a press release on signing of a Protocol to amend the Double Taxation Avoidance Convention (DTAC) between India and Kazakhstan. The existing Double Taxation Avoidance Convention (DTAC) was made between the two countries on 9th December, 1996 for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income. This Protocol provides internationally accepted standards for effective exchange of information on tax matters. The Protocol inserts a Limitation of Benefits Article, to provide a main purpose test to prevent misuse of the DTAC and to allow application of domestic law and measures against tax avoidance or evasion. The Protocol inserts specific provisions to facilitate relieving of economic double taxation in transfer pricing cases which is a taxpayer friendly measure. Further, the Protocol replaces existing Article on Assistance in Collection of Taxes with a new Article to align it with international standards. http://pib.nic.in/newsite/PrintRelease.asp x?relid=156176 OTHERS EPF Statutory dues for the month of December can be paid by 20th January 2017 Ministry of Labour & Employment vide Press Release dated 13th January, 2017 it has been decided that the issues arising out of stabilisation of the Unified Portal for employers with UAN Based simplified Electronic Challan cum Return filing system the remittance for the month of December 2016 can be paid by 20th January 2017. The Portal was launched by EPFO on 23.12.2016, which helps in submission of UAN based returns and challans. It has been noticed that due to increased traffic on the portal, many employers have faced some difficulty in upfront allotment of UAN, connectivity/login issues, website slowing down and also unfamiliarity of the new processes. The Statutory dues are to be paid by 15th of every month. For any query: Contact – Sunaina Jhingan Email – Sunaina.jhingan@acquisory.com