In Focus

Covid-19: Government advisories and information on State Passes for IT-ITeS and E-commerce companies In the wake of the Covid19 outbreak in India, NASSCOM has been liaising with various Govt. Departments, State Governments and Ministries of the Government of India, keeping safety, outbreak mitigation and business continuity for the industry as a priority. All information relating to NASSCOM's engagement efforts with the Government are available on the NASSCOM Community Page under the tag 'Policy Advocacy.' Latest advisories from the Central Government and State Governments including information on availing State passes for movement of goods are available on NASSCOM's Covid19 Advisories Dashboard.

DoT eases the regulatory restriction related to Work from Home 13th March, 2020 NASSCOM made a representation to Department of Telecommunications (DoT) to relax the work from home conditions under the Other Service Providers (OSP) regime. In our representation, we highlighted the need to provide flexibility to the employers to ensure the health and safety of their employees given the rising threat of the SARS-Cov2 virus and to ensure continuity of business operations. We requested the Govt to remove the conditions around bank guarantee, Providers Provisioned Virtual Private Network (PPVPN) and other related requirements. Subsequent to NASSCOM representation, DoT relaxed the conditions around work from home. Read more .

Companies permitted to conduct virtual board meetings to approve financial statements etc. 17th March, 2020 Listed Companies generally conduct their Board meetings for approval of annual financial statements and annual report during the month of April every year. Considering the disruption caused by the pandemic, NASSCOM requested Ministry of Corporate Affairs (MCA) to temporarily relax restrictions on transacting certain matters at a meeting through audio visual means till the time the situation on global epidemic stabilizes. Subsequent to NASSCOM representation, MCA permitted companies to conduct virtual Board meetings for approval of annual financial statements, Board reports etc. This relaxation is available till June 30, 2020. The update can be accessed here

Exemption to IT-ITeS industry to support essential and mission critical functions 20th-22nd March, 2020 A Press Information Bureau (PIB) advisory (dated 19.03.2020) issued by the Central Government requested States to enforce WFH for private sector employees except for those working in emergency/essential services to mitigate contagion risk of Covid19. To minimize disruption of the IT-ITeS sector, NASSCOM made representation to State Governments of Karnataka, Maharashtra, Haryana, Delhi, Uttar Pradesh, Tamil Nadu, Odisha, Punjab, Kerala, Rajasthan and Gujarat requesting exemption from these WFH requirements – only for such employees required to be in office to ensure continuity of essential services. NASSCOM also requested for a reasonable timeframe of 5-7 days to move computers and other equipment to enable WFH for other employees. In line with these requests, these State Governments exempted IT-ITeS supporting essential services from the restrictions. The orders of the state Governments are available here

Relaxation from lock down for IT-ITeS Industry and e-Commerce companies 21st March, 2020 With various State Governments imposing restriction on movement of people and goods, NASSCOM made representation to Union Minister Shri Ravi Shankar Prasad, to advise the State Governments to permit the IT-ITeS industry and e-commerce to carry out essential functions .line with this request, MeitY issued an advisory to State Governments, available here

Representation to MCA on time gap between two Board Meetings 23rd March, 2020 In view of the disruptions caused by the pandemic, the Securities and Exchange Board of India (SEBI) recently granted relaxations on timelines for compliances specified under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (LODR). In this regard, NASSCOM made a representation to MCA, requesting to harmonize and align the provisions under Section 173(1) of the Companies Act, 2013 with those under SEBI circular exempting listed companies from observing time gap of 120 days between two board meetings/ audit committee meetings. Read more

Representation to extend PF contribution timeline 25th March, 2020 Given the Covid-19 situation, NASSCOM made a representation to the Employees Provident Fund Organisation (EPFO), with a request to extend the timeline for Provident Fund (PF) contribution for the month of March and April, by a month. Recently, the Employees' State Insurance Corporation (ESIC) also extended the contribution time limit for ESIC contribution. We are following up with the EPFO on this and shall keep the members updated on further developments.

CBIC and DGEP clarification on movements of equipment’s from STPI units 26th March, 2020 With a view to ensure the health and safety of employees, and business continuity for enterprises, NASSCOM made a representation to Central Board of Indirect Taxes and Customs (CBIC) and the Directorate General of Export Promotion (DGEP) requesting to ease the process of movements of equipment's from STPI units for the purpose of WFH. Subsequently, DGEP clarified to NASSCPM there is no requirement of approval from Customs authorities for temporary removal laptops, computers, etc. from units in STPI. Instead, it requires endorsement of certificate issued by STPI unit to its employees detailing the description of goods being taken out temporarily and its acknowledgement to AC/DC of Customs. Read more

Representation on extension of SEZ sunset clause 27th March, 2020 With the near-global lockdown situation due to Covd-19, there has been a complete restriction on the movement of people and goods other than essential services. As a result, shipments for IT infrastructure have been delayed and planned travel has been postponed. Consequently, the industry's ability to set up IT-ITES operations by March 31, 2020 has been severely impacted. NASSCOM made a representation to Ministry of Finance requesting that units approved to set up operations in Special Economic Zones (SEZs) prior to March 31, 2020 but commence operations on or before September 30, 2020 shall be eligible for deduction under section 10AA of IT Act.

Relief measures for IT MSMEs and Start-ups 28th March, 2020 Against the backdrop of the Covid19 Pandemic, IT Micro, Small and Medium Enterprises (MSMEs) and Start-ups have been facing a multitude of challenges in ensuring business continuity. Working closely with respective sector councils, NASSCOM submitted its representations on relief measures for IT MSMEs and Start-ups, for the consideration of the Government of India on March 28, 2020. In its representations, NASSCOM focused upon the need for ensuring business continuity for IT MSMEs and Start-ups through measures that ensure adequate cash flows, access to working capital, as well as measures that enable enterprises to scale down on operational costs and retain employment – through the duration of the crisis. Read more

NCR region: Representation to nodal officers for effective coordination mechanism. 30th March, 2020 The Governments of Haryana, Delhi and Uttar Pradesh have introduced mechanisms to issue passes or authorization letters for the movement of people during the lockdown. However, the passes and authorization letters issued by one State were not being considered valid in the neighbouring states, leading to difficulties in cross border movement of people and goods. In this context, NASSCOM made a representation made to Nodal officers of Delhi, Haryana and Uttar Pradesh to implement a coordination mechanism to streamline cross border movement of critical IT-ITeS in the National Capital Region (NCR).

Representation to enable use of personal devices and simplify the process of transfer of IT equipment’s for SEZ units 31st March, 2020 Given the current lock down, many industry members highlighted challenges in moving out equipment's from SEZ needed to enable work from home for their employees. NASSCOM made a representation to Government requesting it to permit the use of personal laptops/ desktops till the lock down period, only as an emergency measure. It also requested that the requirement to seek prior permission from SEZ authorities should also be relaxed, and units should be allowed to intimate movement of goods.

Representation to DoT on work from home connectivity 31st March, 2020 Given the Covid19 situation, majority of the workforce employed is working from home. This has led to surge in internet demand both wireless as well as broadband in the country. NASSCOM based on industry inputs, suggested a series of measures to the Government for improving the current capacity of the service providers to meet the growing demand and ensure there is no disruption to the business. On a related point, NASSCOM suggested DoT to consider relaxing the current Static IP requirement and allow OSPs to use dynamic pool of IP for the purpose of work from home only as emergency measure. Therefore, to ensure the least amount of disruption to operations, NASSCOM suggested a series of measures to the Government for improving the current capacity of the service providers to ensure uninterrupted internet to the employees working from home.

COVID19: NASSCOM FAQs on Work from Home In the backdrop of Covid19 pandemic, organizations are undertaking necessary preventive measures to contain the risk exposure of Covid19, including extending the facility of WFH to their employees. Therefore in order to help and support organisation implement work from home, released a detailed FAQ document to help industry understand the existing regulatory framework related to WFH specially for units operating in STPI/SEZ or registered as Other Service Providers (OSP) with DoT. The FAQs can be accessed from here

Recent Policy/Regulatory Developments relating to the Covid19 Outbreak

Covid19: Easing labour compliances – ESIC 16th March, 2020 In the wake of pandemic Covid19 situation, the ESIC vide notification (No. P`-11/14/Misc./1/2019-Rev) dated 16.03.2020, has extended the deadline for making the statutory contribution for the month of February 2020 and March 2020, by another 30 days. As per the notification, the deadline for submitting ESIC contribution is now April 15, 2020 and May 15, 2020, for the month of February 2020 and March 2020 respectively. Read more.  Clarification on spending of CSR for Covid19 23rd March, 2020 Keeping in view the spread of Covid19 in India, the MCA has recently clarified that spending of Corporate Social Responsibility (CSR) funds for Covid19 as an eligible CSR activity. MCA notification in this regard can be accessed here.  DoT issues standard format for sharing details of Extended Agent Position 23rd March, 2020 Pursuant to the DoT March 13, 2020 notification, many members approached NASSCOM highlighting the concerns related to different TERM authorities seeking different information of the "Extended Agent Position" (EAP). Subsequently, we met DoT and made a representation highlighting the industry concerns and need to create a standard reporting format towards ease of doing business. Based on our request, DoT has issued a standard format for reporting purpose. Read more.  Covid19 Update: Summary of relief measures announced by Finance Minister 25th March, 2020 Amidst the disruption caused by global pandemic, the Government announced slew of measures to provide relief to the taxpayers/ corporate in the form of extension of due dates of various compliances under various Indian laws. A summary of the measures announced can be accessed here.  Contribution to PM CARES will qualify as eligible CSR activity 28th March, 2020 The Government of India has set up Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund' (PM CARES Fund) with the objective of dealing with emergency or distress situation such as that posed by the Covid19 pandemic. Accordingly, it has been clarified that contributions made to the PM CARES Fund shall qualify as CSR expenditure under the Companies Act 2013. The notification can be accessed here.  Covid19 Update: Relaxation in compliance for SEZs 30th March, 2020 In view of the disruptions caused by the Covid19 pandemic, Department of Commerce, announced certain relaxations in compliances to be met by units / developers / co‐developers of SEZs. The measures announced are in line with NASSCOM’s broader set of recommendations made to the Government, with a view to provide much needed relief to the industry. Read more  Covid-19: Relief measures announced by Finance Minister 31st March, 2020 Ministry of Finance recently introduced an Ordinance on March 31, 2020 to bring into effect compliance relief measures for taxpayers in the wake of Covid19 that were announced by the Finance Minister on March 24, 2020. These measures include an extension of the sunset clause under section 10AA of Income Tax Act by 3 months for units approved before March 31, 2020. This is in line with NASSCOM’s recommendation to Ministry of Finance. Read more

Policy Events

Second Meeting of the Data Center Policy Taskforce 13th March, 2020 NASSCOM organized the second meeting (via conference call) of the Data Center Policy Taskforce, a forum of senior industry leaders, mandated with the responsibility of shaping NASSCOM's recommendation on the Data Centre Policy. In this meeting, the taskforce deliberated the various suggestions received from the industry and finalized the recommendations  NASSCOM-OSPAI Webinars on DoT WFH framework 18th - 19th march, 2020 NASSCOM in association with Other Service Providers Association of India (OSPAI) organised a series of webinar to create awareness on the recent amendments to the licensing terms and conditions of OSPs. The webinars were conducted in partnership with CISCO and the Palo Alto network to help industry implement the Static IP requirement. Overall 450+ members participated in these sessions.   Policy Related Industry Representations  Representation seeking deferment of e-invoice system 2nd March, 2020 NASSCOM made a representation to Goods and Services Tax Council (GST Council) highlighting difficulties faced by IT-BPM industry in implementation of e-invoicing system on a mandatory basis from April 1, 2020 for taxpayers whose aggregate turnover exceeds INR 100 crores. NASSCOM requested the GST Council to defer the implementation of e-invoicing rollout. Given that Enterprise Resource Planning (ERP) and accounting systems operate at a global level and various businesses have their own nuances in terms of the application development process and business model requirements, it is important that more time is provided. Read more  Submission to SEBI on Related Party Transactions 2nd March, 2020 SEBI constituted a Working Group in November 2019 to review the policy space pertaining to related party transactions under the Chairmanship of Mr. Ramesh Srinivasan, Managing Director & CEO, Kotak Mahindra Capital Company Limited. In this regard, SEBI Report sets out recommendations which include, inter alia, amendments to certain provisions of the SEBI LODR. Based on feedback from members, NASSCOM submitted its response to SEBI on the proposals of the Working Group. Our detailed response can be viewed here.  Representation on blocking of Input Tax Credit under GST 4th March, 2020 NASSCOM made a representation to GST Policy Wing on suo-moto blocking of Input Tax Credits (ITC) in the electronic credit ledger under GST Rules. Administrative authorities have been blocking genuine credit of various assesses across the industry without any intimation causing hardship to many industry players. NASSCOM highlighted that this temporary blockage of credit is contrary to the overall principle of GST regime to allow a seamless credit chain.  Post Budget Memorandum 2020-21 submitted to Ministry of Finance 6th March, 2020 The proposals in the Union Budget 2020 related to the integration of new emerging technologies like AI into all the key projects is a welcome move. This can have a huge impact on the acceleration of growth across sectors like health, manufacturing, agriculture etc. It lays down a robust plan for a strong foundation for India’s growth in the digital economy. Based on feedback from members on the Budget announcements, NASSCOM submitted a detailed memorandum to Ministry of Finance highlighting our concerns and recommendations to strengthen the Budget proposals. The document can be accessed here.  Request for extension of upfront exemption from IGST on import of capital goods   by STPI and EOU 13th March, 2020 NASSCOM made a representation to GST Policy Wing requesting to extend the benefit of upfront exemption from IGST for import of capital goods by STPI/EOU units. We highlighted the exemption would financial strain of companies engaged in 100% exports as they have huge investments by way of capital expenditure.  Feedback on Competition (Amendment) Bill, 2020 13th March, 2020 NASSCOM recently provided its feedback on the Competition (Amendment) Bill, 2020 (Bill) as a part of the consultation process coordinated by the MCA. While the Bill carries forward most of the recommendations of the Competition Law Review Committee (CLRC), with the only notable exception being the lack of any statutory recognition for a dedicated bench of the National Company Law Appellate Tribunal (NCLAT) to hear appeals arising out of the provisions of the Competition Act, 2002 (CA02), it still left room for uncertainty in the eventual implementation of the CA02. Accordingly, recommendations were made inter alia with regard to the manner of merging the administrative offices of the DG and CCI, potential for prejudice on account of settlement/ commitment offered, the lack of effects-based analysis under provisions of the CA02, and the need for greater certainty on jurisdictional thresholds for merger review under the CA02 Read more  Feedback to MeitY on SOFTEX simplification 23rd March, 2020 NASSCOM submitted its inputs on the applicability of SOFTEX form to MeitY. The submission was based on inputs from members. We submitted that the SOFTEX form should be retained but it should be made paperless and the SOFTEX filing cycle should be improved Read more  Representation to AICTE on NEEM regulation 25thMarch, 2020 NASSCOM made a representation to All India Council for Technical Education (AICTE) and highlighted the concerns related to the applicability of PF to trainees hired under the National Employability Enhancement Mission (NEEM)] Regulations, 2017. In our representation, we requested AICTE to make necessary amendments to NEEM regulation thereby exempting trainees hired under NEEM scheme from PF law applicability in line with the Apprenticeship law.  Representation on extension of Guidelines on Regulation of Payment Aggregators and Payment Gateways 31st March, 2020 NASSCOM has requested RBI to extend the date of implementation of the Guidelines on Regulation of Payment Aggregators and Payment Gateways until the time the industry stabilizes from the impact of COVID-19. We are still awaiting RBI’s response on our representation. Read more

Policy Engagements

Discussion with DOT to relax ISP WFH conditions 11th March, 2020 NASSCOM met the officials of DoT and highlighted the need to relax the current licensing terms and conditions related to work from home (WFH) given the Covid19 situation. NASSCOM stressed on the need to remove the restrictions around bank guarantee, PPVN and other technical requirements. The meeting was attended by senior DoT officials.  Industry-Govt interaction on SOFTEX 12th March, 2020 NASSCOM and STPI conducted a joint meeting with the industry to understand the concerns of the industry on various issues related to SOFTEX and its applicability. Last month, NASSCOM met the Joint Secretary, MeitY to review the applicability of SOFTEX Form for Software products to strengthen ease of doing business for software product industry under National Policy on Software Products (NPSP) 2019, where a recommendation to do away with the SOFTEX Form for Software Products was made. NASSCOM has made a representation to MeitY on this based on inputs from members during the video conference meeting. Read more  Engagement with CBIC on Intermediary issue under GST 20th March, 2020 NASSCOM met CBIC Chairman along with Joint Secretary (TRU), Joint Secretary (Policy) and members of the Board to discuss the Intermediary issue under GST. During our interaction, it was highlighted by the Chairman, that they would like to understand in granular detail the issues faced by ITeS industry on the issue of intermediary. In this regard, we have requested our members to give details of issues that have culminated in a SCN/ order but also instances of ongoing enquiries, delayed refunds (which may have been subsequently sanctioned) as a result of interpretations on the intermediary issue along with key objections by authorities

Upcoming Events

NASSCOM-DSCI Webinar on Export Compliance for Cybersecurity Start-ups April 2020 NASSCOM and DSCI are planning to organise a webinar on export compliance for cybersecurity start-ups. The webinar is part of NASSCOM's outreach programme to educate start-ups which export dual-use goods and technology on their legal and compliance obligations under export control laws in India. Contact dagarwal@nasscom.in for more details  NASSCOM e-Roundtable on Customs Moratorium on Electronic Transmissions April 2020 As we were constrained to cancel the planned Policy Roundtable on Customs Moratorium on Electronic Transmissions, in view of the Covid19 situation, NASSCOM will be hosting an e-Roundtable on the same subject in the month of April. The e-roundtable is aimed at getting member feedback on NASSCOM's Discussion Paper on the same subject and formulating the Government of India's position on the issue at the next World Trade Organization (WTO) Ministerial Conference. Please contactindrajeet@nasscom.in and dagarwal@nasscom.in for further details.  NASSCOM e-Roundtable on MeitY’s White Paper on NODE April 2020 NASSCOM will be organising an e-roundtable to discuss MeitY’s White Paper The e-roundtable is aimed at getting member feedback and formulating NASSCOM’s response to MeitY on the NODE consultation. Please contact dagarwal@nasscom.in and komal@nasscom.in for further details.  Webinar series on Work From Home: Ensuring Uninterrupted Connectivity April 2020 NASSCOM in association with leading telecom service providers will be organizing series of webinars in April to help employers undertake measures to ensure uninterrupted connectivity for their employees who are working from home. Please contact deepak@nasscom.in for further details.

Policy Updates

Fintech  RBI released Guidelines on Regulation of Payment Aggregators and Payment  Gateways On 17 March 2020, RBI released Guidelines on Regulation of Payment Aggregators and Payment Gateways. Based on the feedback received on the Discussion Paper and taking into account the important functions of these intermediaries in the online payments space, RBI has decided to regulate in entirely the activities of Payment Aggregators and provide baseline technology-related recommendations to Payment Gateways (PGs). Read more  RBI announced COVID19 Regulatory Package On 27 March 2020, RBI announced a slew of measures as a part of its Regulatory Package pertaining to COVID19. It includes, rescheduling of payments – Term Loans and Working Capital Facilities and easing of Working Capital Financing. The move is aimed at offering relief to financially stressed homeowners, farmers and credit-card holders by announcing a three-month moratorium on loan repayments. Read more    Export Compliance  DGFT issues GAICT forms for intra-company transfer of SCOMET items On 17 March 2020, the DGFT (vide Public Notice No. 65/2015-20) has issued proforma of application form (ANF 2 O (b)) and end use certificate (EUC) for implementation of Global Authorisation for Intra-Company Transfers (GAICT) of SCOMET items/software/technology under Para 2.79F of the Handbook of Procedures (HBP) of the Foreign Trade Policy (FTP) 2015-20. The GAICT forms will enable eligible exporters of dual-use goods and technology to apply for GAICT. In February 2020, NASSCOM had made a representation to DGFT requesting that the forms be issued at the earliest. Read more    E-governance  MeitY invites suggestions on White Paper on National Open Digital Ecosystems MeitY has released a White Paper on National Open Digital Ecosystems (NODE). Open digital ecosystems refer to open and secure digital delivery platforms. The whitepaper highlights key elements of NODE and describes the paradigm shift from earlier approaches to digital governance or ‘GovTech’. The whitepaper establishes design principles that can help realise the full potential of open digital ecosystems to create transformative impact across sectors. NASSCOM had made a representation to MeitY to extend the March deadline to submit comments on the White Paper, following which, MeitY has extended the deadline to submit inputs to 31st May. Please send NASSCOM your inputs latest by 30th April, so that we can make a timely submission to MeitY. Read more    GST  GST Update - Refund clarifications GST Policy Wing, CBIC recently issued Circular No.135/05/2020 – GST dated March 31, 2020 clarifying various refund related issues. Circular will address concerns raised on issues relating to GST refunds. Read more

Important Links PM Care Donation : https://www.pmindia.gov.in/en/# Ministry of Health and Family Welfare : https://www.mohfw.gov.in/ World Health Organization : https://www.who.int/emergencies/diseases/novel-coronavirus-2019 NASSCOM Advisory : https://www.nasscom.in/sites/default/files/Advisory_Coronavirus_05032020.pdf DSCI Advisory : https://www.dsci.in/content/dsci-wfh-advisory List of Central and State Advisories including for E-commerce compiled by NASSCOM : https://www.nasscom.in/advisories-covid-19

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