In case of unlisted company, the non-resident investor shall be eligible to exit from the investment in equity shares of the investee company at a price not exceeding that arrived at on the basis of Return on Equity (RoE) as per the latest audited balance sheet. Any agreement permitting return linked to equity as above shall not be treated as violation of FDI policy/FEMA Regulations.
A sting operation was telecast on 6/01/2014 by news channel Aaj Tak, wherein serious allegations about corrupt practices in the Department have been alleged by an agent.
These FAQs are prepared with a view to guide market participants on SEBI (Foreign Portfolio Investors) Regulations, 2014 (the Regulations). For full particulars of laws governing the Foreign Portfolio Investors (FPI), please refer to the
SEBI had laid down the framework for public offer and listing of securitized debt instruments vide SEBI (Public Offer and Listing of Securitized Debt Instruments) Regulations, 2008 and had specified listing agreement for Securitized Debt Instruments. A few privately placed SDIs have already been listed on exchanges.
If an Audit Report in form 704 for the period 2012-13, pertaining to developers other than those opting for composition scheme, is filed within one month from the due date i.e. on or before 15th February 2014, then penalty u/s 61(2) shall not be imposed.
Attention is invited to Circular No.345/2/2004-TRU (Pt.) dated 10th August, 2004, in which it was clarified that the Education Cess chargeable under Section 93(1) of the Finance (No.2) Act, 2004 is to be calculated by taking into account only such duties which are both levied and collected by the Department of Revenue.
The provisions of this circular shall come into effect six months from the date of issue. Once a new DIS booklet is issued to a BO as per provisions of this circular, old DIS issued to such a BO shall not be accepted by the DP. All DIS issued prior to this circular shall be phased out within a period of 2 years from the date of this circular. The measures listed above under the head ‘Monitoring of DIS’ shall be made applicable to the DIS issued as per the provisions of this circular.
The above general permission to Indian companies is only for issue of non-convertible/ redeemable preference shares or debentures to non-resident shareholders by way of distribution as bonus from the general reserves. The issue of preference shares(excluding non-convertible/redeemable preference shares) and convertible debentures (excluding optionally convertible/partially convertible debentures) under the FDI scheme would continue to be subject to A.P. (DIR Series) Circular Nos.73 and 74 dated June 8, 2007 as hitherto.
On a review, it has been decided that, for the purpose of ECB, ‘Maintenance, Repairs and Overhaul’ (MRO) will also be treated as a part of airport infrastructure. Accordingly, MRO, as distinct from the related services which are other than infrastructure, will be considered as part of the sub-sector of Airport in the Transport Sector of Infrastructure.
The prescribed date for filing the report of the audit under section 61 in Form 704 for the financial year 2012-13 is 15th January 2014. In absence of amendment to rule 58(1) and rule 58(1A), it may not be possible to complete the audit of developers. In view of the above, it is administratively decided that if an Audit Report in form 704, pertaining to developer for the period 2012-13, is filed within one month from the due date i.e. on or before 15th February 2014, then penalty u/s 61(2) shall not be imposed.
