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Call for Inputs: NASSCOM Consultation on the Recommendations of the Draft Report on Non-Personal Data Governance

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The Committee on Non-Personal Data (NPD Committee) chaired by Shri Kris Gopalakrishnan, was constituted on 13 September 2019, with the objective of defining a regulatory framework for the governance of non-personal data. Earlier this week, the NPD Committee, released a Draft Report on Non-Personal Data Governance (Draft Report). The Draft Report is available on the MyGov Portal, along with a format for submission of formal comments before 13 August 2020. The Recommendations of the NPD Committee build upon the central objective of leveraging non-personal data towards greater innovation, and value creation, for the benefit of communities and businesses in India. To do this, the Draft Report recommends the operationalisation of several new concepts – including a nomenclature for various types...

NASSCOM Webinar: Government – Industry Interaction on completion of three years of GST: July 23, 2020

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Dear All, The Goods & Services Tax (GST) law, introduced in 2017, is the most significant reform to India’s indirect taxation system, and has operated as a One Nation One Tax framework.  As we step into the fourth year of GST, there is a need to take stock of the progress made so far including the significant developments and milestones achieved in the implementation process and also chart out the way forward. In this regard, NASSCOM is organising a webinar on “Government – Industry Interaction on completion of three years of GST”, to discuss some of the significant developments impacting the IT-ITeS sector, and other unresolved issues. Mr. D.P. Nagendra Kumar (Principal Chief Commissioner of Central Tax, Bangalore) and Mr. Yogendra Garg (Principal Commissioner, GST Policy Wing) ...

NASSCOM Submits its Feedback on the Draft UAS Rules, 2020

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NASSCOM recently submitted its feedback to the Directorate General of Civil Aviation (DGCA) on the draft Unmanned Aircraft System Rules, 2020 (draft UAS Rules).   The main recommendations made by NASSCOM are as follows:  Reassess No Permission No Take-off (NPNT) requirement– The DGCA should review the NPNT compliance requirement for drones, as the existing NPNT requirement is problematic for the following reasons:  (I) The benefits of the NPNT requirement are not clear. The current requirement creates a situation wherein a drone which is not NPNT-compliant will likely be used in rogue operations (as it is relatively difficult for the government to track non-NPNT compliant drones).  On the other hand, a drone which is NPNT-compliant will continue to face the costs of compliance. Any s...

Update: NASSCOM participated in the second meeting of Consultation Committee of GSTN

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As you may be aware, NASSCOM is part of Consultation Committee of GSTN constituted to enable simplification of forms and business processes associated with GST and improvement in the IT System. The second meeting of the committee was organised on 14th July, 2020 to seek feedback/suggestions related to GST Portal and E-way bill Portal. The meeting was chaired by Mr. Prakash Kumar, CEO-GSTN and was attended by Mr. Yogendra Garg (Principal Commissioner – GST Policy Wing), Mr. Ritvik Pandey ( JS- Revenue), Mr. Manish Sinha (EVP, Services at GSTN) and various industry organisations including NASSCOM. The key suggestions put forward by NASSCOM are listed below: E-invoicing – Given that there is less than 3 months time left to implement e-invoicing system, there is anxiety within the indust...

Ease of Doing Business: Telangana Government issues order to simplify inspections under various labour laws

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In a bid to improve ease of doing business in the State, the Telangana Government have published a comprehensive order related Computerized Risk Assessment based labour inspections process under various laws. As per the Order, the Government has categorized various establishments into following three categories based on the number of employees and have defined the frequency of inspection that will be carried out by the department. Further, the order mentions that there will be single joint inspection, without any duplication, under such labour laws.   Category of Establishments   No. of employees   Cadre of the Inspecting Officers   Frequency of Inspection (Unless specific complaint is received) Low Risk   Upto 30 employees   Assistant Labour Officer   On...

Released: Draft report of the Committee on Non Personal Data; Comments sought by August 13, 2020

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The Committee on Non-Personal Data has today  sought comments on its draft report by August 13, 2020 to help it finalise the same. The draft report is attached and is available if you click here. The notice for feedback has been issued here and is pasted below for ready reference. We will be engaging with the industry on this and look forward to your views.Do contact Indrajeet Sircar (Indrajeet@nasscom.in) or Ashish Aggarwal (Asaggarwal@nasscom.in). As you may be aware, a Committee of Experts under the Chairmanship of Shri. Kris Gopalakrishnan was constituted vide OM No. 24(4)2019- CLES on 13.09.2019 to deliberate on Non-Personal Data Governance Framework. The following are the terms of reference of the said committee: To study various issues relating to Non-Personal Data. To make specific...

Update: STPI clarifies to NASSCOM that there are no restrictions on work from home (WFH)

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Last month, NASSCOM made a detailed representation (see here) to STPI authorities, highlighting industry requirements related to enabling work from home on a permanent basis. Pursuant to our submission, STPI has shared its response with NASSCOM clarifying that there are no restrictions on work from home (WFH) on a long term basis. Given below are the recommendations which NASSCOM made and STPI response against each of them: Enable facility of working from a place outside the unit permanent: STPI response: WFH is nowadays a common practice in the IT/ITeS industry. Earlier, in order to facilitate units enabling them to avail WFH facility and also to secure regulatory compliances, STPI had taken up the matter at appropriate level and ensure that necessary provisions were introduced in Foreign...

Evolving role of States in New India

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Democracy is “of the People, by the People, for the People”. In Federal structure with enhanced focus on cooperative federalism, it is time to look at system in the spirit of Democracy beyond continued and growing prevailing Politicism. In Indian democracy, most of the subjects which matter to people of a State, are State subject or concurrent subject. There are State subjects, which are equally important & critical to every State, while some of the subjects are specific to State’s socio-economic-geo-political & other similar factors. For all these State subjects, Central Government is Policy making and Funding with larger perspective. It is all about enhancing the State’s all-round balanced ability, capability, capacity with enhanced focus on innovation and explore the unexplored ...

NASSCOM Recommendations on industry requirements under Income Tax Act to enable Work from Home on long term basis

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About 90% of the workforce employed in IT-BPM sector continues to work from home (WFH). Given the available technologies and an impetus from the SARS-CoV-2 pandemic, IT/ITeS companies are looking at a long term blended working model with both work from office and work from home as a permanent feature. Based on industry feedback in relation to provisions under Income Tax Act, 1961 (Act), there is uncertainty and requirement for enabling provisions in the context of WFH. In this context, NASSCOM recently made a representation to Central Board of Direct Taxes and Ministry of Finance to examine  certain recommendations which can help industry plan their operations from a long term basis. Given below is a brief summary of our recommendations on this front: Clarification that expenses reimbursed...

GST: Submission on taxability of import of Free of Cost (FOC) software from Related parties

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Background & Issue: As you may be aware, a number of enquiries have been initiated by GST authorities on companies in the recent past seeking details of cross-border Free of Cost (“FOC”) supply of software between related parties. This has caused quite a stir in the industry given that these enquiries have been initiated during the COVID-19 lockdown where IT/ ITeS companies have been working remotely and already dealing with several other business challenges. Typically, access to software provided by overseas affiliates to Indian companies are for the limited purpose of enabling provision of services back to the overseas affiliate and not for any other purposes. Indian companies access the software only for provision of service under the contract with the affiliate and not ...