NASSCOM Public Policy, Vol 4, Issue 4, April 2023

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NASSCOM Public Policy, Vol 4, Issue 4, April 2023

Vertika Misra

@vertika@nasscom.in

April 7, 2023

Public Policy Monthly Newsletters

298

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Nasscom Public Policy Monthly Mailer | Volume 4, Issue 4 | April 2023

in Focus

FTP

Release of FTP 2023

The new FTP has been released with effect from April 1, 2023. Major focus is placed on supporting export of goods and services via e-commerce. Several of nasscom's suggestions have been accepted, such as, holding awareness sessions on e-commerce exports under the niryat bandhu scheme in collaboration with the industry, establishment of e-commerce export hubs with shared last-mile facilities and strengthening India post to facilitate cross border e-commerce etc.

Other focus areas in the FTP include increasing exports at the district level, one-time relief to exporters who have defaulted in achieving export obligation and streamlining provisions on export of restricted/prohibited software and technology. The Services Exports from India Scheme (SEIS) has been removed, to make India's FTP compliant with the World Trade Orgiansation's rules.

REPRESENTATIONS

MCA

Adoption of accounting software

As per the amendment of Companies Rules, a company using accounting software for maintaining its books of account needs to have specific features. We made a submission requesting clarity on various issues including definition of accounting software, details required as part of the audit trail and edit logs, requirements in case of transaction level data, consideration of human error, etc.

Punjab Government

IT policy

We provided feedback to Punjab Government on the draft IT policy. The feedback consisted of measures to promote ease of doing business, skilling, Engineering, Research & Development, reimbursement of state GST, regular engagement with stakeholders and annual review of the policy. For more information kindly write to tejasvi@nasscom.in or vertika@nasscom.in.

MOF

Mandatory e-filing of form 10F by non-resident taxpayers

Nasscom pursued the matter of doing away with mandatory electronic filing of Form 10F for such NR taxpayers citing the problems faced by them. Based on our submission, MOF has extended the exemption from mandatory e-filing of form 10F for Non-Resident taxpayers who do not have a PAN and are not required to have PAN in India as per tax provisions. Earlier, such NR taxpayers were exempted till March 31, 2023.

CPCB

Exemption of export-oriented units from EPR obligations

We have requested CPCB to issue a clarification that export oriented units continue to be exempt from extended producer responsibility obligations. The ambiguity on EPR exemption for importing products packed in plastic material for rendering services to be exported is detrimental and can result in increase in cost on account of substituting the packaging and expensive administrative burden.

DOCA

Review of the consumer protection (e-Commerce) rules, 2020

In continuation of the review of the Consumer Protection (Rules), 2020, we have reiterated our feedback that. After (1) rules should focus on consumer protection issues and avoid overlaps with other laws; (2) obligations should be proportionate to the risk and should consider the uniqueness of different e-commerce models; (3) rules should not prohibit or disincentivise legitimate business models; and (4) rules should be unambiguous. For more information, kindly write to garima@nasscom.in.

CBIC

Identification of products/equipment prescribed in tariff item 85176290 and 85176990

We have made a representation to CBIC requesting them to defer implementation of Circular No. 08/2023 which provides for identification of products/equipment prescribed in tariff item 85176290 and 85176990 by at least 6 months. This will enable the industry to adequately plan and effect changes in their internal system for smooth implementation of the Circular. Government should also hold consultations along with the industry to understand the challenges, convergence in technologies, etc.

DIALOGUE & DISCUSSION

EPFO

Knowledge Session: Extension of March 2023 deadline w.r.t. EPS-95

Nasscom organised a knowledge session on EPS-95 on March 07, 2023. The session featured expert speakers who shared their insights on the issue. They also addressed various queries of members related to eligibility, implementation of a higher pension program, operational clarifications, etc.

GSTN

Implementation of e-commerce parity issue for online sellers

We had organised a meeting with GSTN on March 21, 2023, wherein a demonstration of the proposed enrolment mechanism for unregistered sellers on GST portal was given. The purpose of the meeting was to discuss potential changes to the GST portal on enrolment of unregistered sellers in order for them to supply through e-commerce operators. Our suggestions were received positively by GSTN. For more information, kindly write to tejasvi@nasscom.in.

NEW & UPCOMING

DPIIT

Public consultation on patents Act

Nasscom participated in a meeting (public consultation) organised by DPIIT on March 10, 2023 seeking inputs on Patents Act. The key focus areas include need for a reform of India's Pre-Grant Opposition system, reform in annual disclosure of working of patents (Form 27) and disclosure requirements regarding foreign applications under Section 8 and dis-proportionate consequences of non-compliance. Kindly share your inputs with us via mail to sudipto@nasscom.in or priyanshi@nasscom.in.

RBI

Delays in getting export documents processed by banks

In response to the concerns raised by nasscom in December 2022, RBI is seeking details of the delays by the authorised dealer banks in processing export documents. Kindly write to garima@nasscom.in in case you are facing delays in getting softex form processed and reconciliation of inward remittances.

DGFT

Reviewing the definition of 'software' and 'technology' under the SCOMET list

We are engaging with the industry on the need to modify the definition of ‘technology’ and/or ‘software’ under the WA list for a potential discussion at the WA. Kindly share your inputs via mail to priyanshi@nasscom.in or garima@nasscom.in.

OTHER UPDATES

RBI

Reconciliation of inward remittances

In reference to RBI's Master Directions on Export of Goods and Services dated January 1, 2016, RBI has given feedback on reconciliation of inward remittances and updating information on export data processing and monitoring system.

DOT

Bharat 6G Vision Statement

DOT has released the 6G Vision document to explore the impact of 6G in India and to investigate how India can realise its mission of becoming a global leader in this space. As per the vision, 6G will play an important role in filling the gap in the provisioning of e-services for urban and rural populations, help in the achievement of the UN SDGs, and contribute tremendously towards improving the quality and opportunities of life.

Open Letter

AI - Developments around GPT4

The Future of Life Institute has proposed a pause in the development and training of AI tools that are powerful than GPT4, flagging the possibility of several future threats to society from the use of generative AI tools. In another development, the Italian Data Protection Authority has banned the deployment of ChatGPT in the country citing potential data protection concerns and has begun investigation into whether the model is GDPR compliant. These developments have increased focus and debate on the risks associated with large generative AI models and possible measures to deal with them. If you are an expert in this field and would like to discuss this with us, kindly write to asaggarwal@nasscom.in or sudipto@nasscom.in.

MEITY

Proposed Digital India Act

On March 9, 2023, MEITY announced that the IT Act will be replaced by a new DIA. The Minister of State presented an overview of the initial views of MEITY on the possible scope and contents of the DIA (presentation here). The DIA's main aims include: (1) ensuring that the internet in India is "open, safe & trusted, and accountable" (2) protecting citizens' rights (3) accelerating the digitalisation of government (4) addressing emerging technologies.

Parliament

Competition Amendment Bill, 2023

The Bill has been passed by both the houses, the Lok Sabha and the Rajya Sabha. The Bill makes some significant amendments to the Competition Act, 2002 including, settlements and commitments mechanism, closer scrutiny of M&A (deal value threshold), greater enforcement powers by introducing penalty on global turnover and power to scrutinise hub and spoke model.

List of Acronyms

AI	Artificial Intelligence
CBIC	Central Board of Indirect Taxes and Customs
CPCB	Central Pollution Control Board
DGFT	Directorate General of Foreign Trade
DIA	Digital India Act
DOCA	Department of Consumer Affairs
DOT	Department of Telecommunications
DPIIT	Department for Promotion of Industry and Internal Trade
EPFO	Employee Provident Fund Organisation
EPS	Employee Pension Scheme
FTP	Foreign Trade Policy
GST	Goods & Service Tax

IT	Information Technology
MCA	Ministry of Corporate Affairs
MEITY	Ministry of Electronics & Information Technology
MOCI	Ministry of Commerce and Industry
MOF	Ministry of Finance
PAN	Permanent Account Number
RBI	Reserve Bank of India
SDG	Sustainable Development Growth
TRAI	Telecom Regulatory Authority of India
UN	United Nations
WA	Wassenaar Arrangement

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Vertika Misra

Director - Public Policy

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