May 12, 2024

Equity Shares with Differential Rights

Equity shares are the most common form of ownership in a company. They represent a proportional ownership in the company’s profits and assets. However, in recent times, there has been a growing trend in companies offering equity shares with differential rights. Equity shares with differential rights, also known as DVRs, are shares that have different rights attached to them than ordinary shares.   Meaning of Equity Share Equity shares are a crucial component of a company’s capital structure and are considered the most important type of stock for a company. The Companies Act, 2013 defines equity shares as a type of security that represents ownership in a company and provides voting rights to the shareholder. These shares can be traded on stock exchanges, and their value is dependent on the financial performance of the company.  Key Features of Equity Shares The following are the key features of Equity Shares: Represent Ownership: Equity shares represent ownership in a company and provide the shareholder with a portion of the company’s profits and assets. Voting Rights: Equity shareholders have the right to vote on important matters such as the appointment of directors, changes to the company’s articles of association, and major business decisions. Dividends: Equity shareholders are entitled to receive dividends declared by the company. The amount and frequency of dividends are determined by the company’s board of directors. Residual Claims: In the event of liquidation, equity shareholders are considered residual claimants and are entitled to any remaining assets after all debts and obligations have been satisfied. Transferable: Equity shares are transferable, which means they can be sold or traded on stock exchanges. Equity Shares with Differential Rights under Companies Act, 2013 Equity shares with differential voting rights (DVRs) are the kind of shares issued by a company that offers shareholders varying levels of the voting power. This means that some shareholders have more voting power than others and this can significantly impact the control and decision-making capabilities of the company. In India, the Securities and Exchange Board of India (SEBI) first introduced the concept of DVRs in 2000. However, they are not so popular in India. Companies can issue DVRs with different voting rights in two ways: Inferior Voting Rights: Under this scheme, a company can issue shares with fractional voting rights. For example, a shareholder may be given 1:5 rights, meaning they get 1 vote for every 5 shares owned. Superior Voting Rights: Under this scheme, a company can issue shares that offer multiple votes per share. For example, shareholders may be given 5:1 rights, which makes it 5 votes per share owned. Section 43 of the Companies Act, 2013 deals with the issuance of equity shares with differential rights. It states that a company may issue equity shares with differential rights, including the right to receive dividends, voting rights, or any other rights, in accordance with the rules prescribed by the central government. The central government, in turn, has prescribed the rules for the issuance of equity shares with differential rights through the Companies (Share Capital and Debentures) Rules, 2014. These rules set out the conditions and requirements that companies must follow when issuing such shares. Conditions to be complied with the company in this regard provision of Companies Act, 2013 Conditions for issuing shares with differential rights (Rule 4) Companies (Share Capital and Debentures) Rules, 2014: Only a company limited by shares can issue equity shares with differential rights as to dividend, voting or otherwise. Such company has to comply with the following conditions, namely:- The articles of association of the company authorize the issue of shares with differential rights; The issue of shares is authorized by an ordinary resolution passed at a general meeting of the shareholders. When the equity shares of a company are listed on a recognized stock exchange, the issue of such shares shall be approved by the shareholders through a postal ballot. Though with Companies (Amendment) Act, 2017 coming into force, any item of business required to be transacted by means of postal ballot, may be transacted at a general meeting by a company that is necessary to provide the facility to members to vote by electronic means under section 108). The shares with differential rights shall not exceed 74% of total voting power, including voting power in respect of equity shares with differential rights issued at any point of time; (MCA Notification G.S.R. 574(E) dated 16th August 2019 the company has not defaulted in filing financial statements and annual returns for three financial years immediately preceding the financial year in which it is decided to issue such shares. the company has no subsisting default in the payment of a declared dividend to its shareholders or repayment of its matured deposits or redemption of its preference shares or debentures that have become due for redemption or payment of interest on such deposits or debentures or payment of a dividend; the company has not been penalized by Court or Tribunal during the last three years of any offence under the RBI Act, 1934, the SEBI Act, 1992, the Securities Contracts Regulations Act, 1956, the Foreign Exchange Management Act, 1999 or any other special Act, under which such companies being regulated by sectoral regulators. The company has not defaulted: in payment of the dividend on preference shares or repayment of any term loan from a public financial institution or State level financial institution or scheduled Bank that has become repayable or interest payable thereon or dues with respect to statutory payments relating to its employees to any authority or default in crediting the amount in Investor Education and Protection Fund to the Central Government; Benefits of Equity Shares with Differential Rights Flexibility in Capital Structure: Equity shares with differential rights provide companies with the flexibility to raise funds without diluting the control of existing shareholders. Increased Voting Rights: Equity shares with differential rights allow companies to provide their promoters or founders with higher voting rights, enabling them to have better control over the company’s affairs. Reduced Dividend Payout: Equity shares with differential rights

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Certificate of Origin (CoO) – DGFT CoO

The Certificate of Origin (COO) issued by the Directorate General of Foreign Trade (DGFT) is a crucial document for exporters. It confirms to the origin of goods and is often required by importing countries to determine eligibility for preferential tariffs and trade agreements. The certificate of origin (COO DGFT) has details regarding the product, its destination, and the country of export. Certificate of Origin is issued to the exporters who are willing to export their products outside India and in order to verify the products, the exporter has to produce various documents before the authorities to prove that the product has been produced or manufactured in India. Issuing Authority of Certificate of Origin/ COO The Certificate of Origin is issued to FTAs/PTAs generally by the Chamber of Commerce. However, the government has not mandated to apply for COO through online mode only using Digital Signatures. Before 31st October 2021, the government was accepting the manual/ physical COO however, the same has been discontinued from 1st November 2021. Types of Certificate of Origin Preferential Certificate of Origin- The Preferential Certificate of Origin is issued for exports that qualify for tariff preferences under specific trade agreements. It is mandatory to export goods to countries involved in such trade agreements where India receives tariff preferences. This certificate is issued for goods that qualify for preferential tariff treatment regarding duty payment. It may involve a reduction of the standard tariff or a complete exemption of tariffs. Preferential certificates are granted when two or more nations establish a trade agreement that includes exemptions for goods imported or exported between them. Non-Preferential Certificate of Origin (NP CoO)- On the other hand, the Non-Preferential Certificate of Origin certifies the origin of the exported goods but does not provide preferential tariff treatment. It is applicable for exports that do not qualify for tariff preferences. CoO NP indicates that the exported goods do not receive any preferential tariff treatment. It requires the levying of due duties on the goods during the import/export process. Role of Certificate of Origin in Tariff Policy and Trade Agreements The Certificate of Origin (CoO) is an autonomous commercial policy instrument to promote and sustain mutual trade and foster economic cooperation between countries. It is closely linked to the fundamental concept of tariffs, a traditional commercial policy instrument. At its core, the Certificate of Origin identifies and verifies the origin of goods being traded. It provides information about the country where the goods are produced, manufactured, or obtained. This information is crucial in determining the applicable tariff rates or preferential treatment that may be granted under trade agreements. Tariffs, in general, are taxes imposed on imported goods and have been a cornerstone of trade policy for centuries. Tariffs can be used to protect domestic industries, regulate imports, generate revenue, or promote strategic economic objectives. The Certificate of Origin aligns with the tariff system by enabling customs authorities to apply the appropriate tariff rates based on the origin of the goods. It helps prevent misclassification or false claims about the origin of goods, ensuring that the correct tariff rates are applied during the import process. Moreover, the CoO plays a significant role in trade agreements and preferential trade arrangements. These agreements often involve reducing or eliminating tariffs on goods traded between participating countries. The Certificate of Origin becomes essential in verifying that the goods meet the criteria specified in the agreement and are eligible for preferential treatment. The Importance of Certificate of Origin in International Trade and Customs Clearance It proves that the products were manufactured or produced in a specific country. The Certificate of Origin contains essential information about the products, including their nationality and details such as the country of origin and the intended destination. The CoO plays a significant role in determining the eligibility of goods for import and whether customs duties should be imposed on them. Customs officials require the Certificate of Origin for customs clearance procedures, ensuring compliance with import regulations and facilitating the smooth movement of goods across borders. This document serves as a key determinant in assessing the origin and authenticity of products in international trade transactions. DGFT Online Platform for Preferential Certificate of Origin Issuance The Directorate General of Foreign Trade (DGFT) has developed a new online platform for issuing a Preferential Certificate of Origin (CoO). This platform is single-point access for Certificates of Origin under all trade agreements, including Free Trade Agreements and Preferential Trade Agreements. It has been specifically designed to provide exporters with a secure, electronic, and paperless process for obtaining CoOs. Certificate of Origin (CoO) Issued for Exports from India under Various Trade Agreements The e-platform for Certificate of Origin (CoO) issuance facilitates exports from India under several trade agreements. The following trade agreements are currently applied and issued through the electronic platform: ICPTA – India Chile Preferential Trade Agreement SAFTA – South Asia Free Trade Agreement SAPTA – SAARC Preferential Trade Agreement IKCEP – India Korea Comprehensive Economic Partnership Agreement IJCEPA – India-Japan Comprehensive Economic Partnership Agreement AIFTA – ASEAN India Free Trade Agreement ISFTA – India Sri Lanka Free Trade Agreement APTA – Asia Pacific Trade Agreement GSP – Generalized System of Preferences GSTP – Global System of Trade Preferences IMCECA – India Malaysia Comprehensive Economic Cooperation Agreement ISCECA – India Singapore Comprehensive Economic Cooperation Agreement India-Mercosur Preferential Trade Agreement India-Thailand Early Harvest Scheme India-UAE Comprehensive Economic Partnership Agreement (India-UAE CEPA) ICPTA – India Chile Preferential Trade Agreement These trade agreements cover a diverse range of countries and regions, enabling exporters from India to avail themselves of preferential trade benefits and tariff concessions when exporting goods. The electronic platform streamlines the CoO issuance process, ensuring efficiency, accuracy, and compliance with the respective trade agreements. Documents Required for DGFT CoO Shipping bills: These documents contain details about the shipment, including the description of goods, quantity, value, and other relevant information. Bill of Lading/Airway bill: This document serves as proof of shipment and contains details such as the name of the carrier, the consignor, the consignee, and the destination. Invoice Copy: An invoice copy provides

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IMPS

IMPS is an instant money transfer service facilitated by NPCI (National Payment Corporation of India). The full form of IMPS is Immediate Payment Service which allows people to send and receive funds from savings accounts in real-time. The service facilitates inter-bank transactions through mobile banking and internet banking. The major reason behind using IMPS is that it is available 24×7, 365 days which makes it highly flexible and dependable. Features of IMPS Here are the important features of IMPS in banking and money transfers: Flexibility: IMPS allows users to transfer funds at any time and from any location online. This service runs smoothly throughout the year, even on public and bank holidays. Fast and Easy Payment: IMPS allows for quick and easy fund transfers where the users can access bank accounts via mobile phones and make secure inter-bank fund transfers. As soon as the funds are transmitted, the sender and the receiver receive instant credit and debit notices. Versatile Platform: The fundamental aspect of IMPS is its versatility, as it may be utilised in various modes. P2M (Person to Merchant) payments can also be made with IMPS. It can be used to pay for insurance premiums, internet shopping, over-the-counter purchases, utility bill payments, transport and ticketing, and school, college, and university fees. Easy to use: IMPS is quite easy to use compared to other electronic fund transfer methods. For quick and simple transactions, IMPS necessitates mobile banking. To utilize these services, you must have a mobile facility in your associated bank account, as they work through the bank’s mobile application. The Benefits of IMPS The fund transfer can be done using MMID, Aadhaar number and mobile number. IMPS serves you with the Debit and Credit Confirmation by SMS immediately. Using IMPS the money will be credited in the beneficiary’s account within a few seconds. IMPS is safe, secure and cost-effective. IMPS has no minimum amount limit on transactions of funds. IMPS is available for 24 hours in a day and even on holidays. The customer can make intrabank as well as interbank payments. IMPS can be used on a mobile phone, internet banking and even ATMs. In IMPS it is not compulsory to know about beneficiary’s Account number and IFSC. How to Transfer Money Through IMPS? Step 1: Download the mobile banking app for your respective bank or log in to the bank’s online banking portal using your User ID and Password. Step 2: After login, click on “Transfer” and then select the option ‘add beneficiary’. You can also select the ‘One Time Transfer’ method. Step 3: Now, select the transfer method as ‘IMPS’. For P2P transfer (phone to phone), provide your MMID & mobile number details, whereas, for P2A transfer (phone to account), you must provide your bank account number & IFSC code. Step 4: Now, enter the required details of the beneficiary, such as name, registered mobile number, beneficiary MMID, and the amount to be transferred. Alternatively, you can also provide the account number and IFSC code if it is a P2A transfer. Step 5: Click on ‘Accept Terms of Service (Terms & Conditions)’ and confirm the transaction. List of Banks Participating in IMPS Allahabad Bank Andhra Bank Axis Bank Bank of Baroda Bank of India Canara Bank Catholic Syrian Bank Central Bank of India Citi Bank Federal Bank HDFC Bank HSBC Bank ICICI Bank IDBI Bank Indian Bank Indian Overseas Bank Karnataka Bank Karur Vysya Bank Kotak Mahindra Bank Punjab National Bank State Bank of India Syndicate Bank UCO Bank Union Bank Of India Vijaya Bank Yes Bank Ltd Usage of IMPS- IMPS can be utilised to avail many services. One of the government’s most recommended service *99# banking is also based on IMPS. You can apply IMPS to transfer fund through these mediums. Smartphone- Bank App/ SMS / WAP/USSD (NUUP) Basic phone-SMS/USSD (NUUP) Internet- Bank’s Internet banking facility ATM- by using ATM Card at Banks ATM. IMPS Charges and Transaction Limits The users must pay certain charges against every IMPS transaction, depending on the amount. However, the IMPS charges usually range from Rs. 2.50 to Rs. 25 for amounts of Rs. 10,000 to Rs. 5 lakhs. The IMPS charges for several banks in India are listed in the table below: List of Banks IMPS Charges State Bank of India No charges Kotak Mahindra Bank No charges ICICI Bank Rs. 3.50 – Rs. 15.00 Bank of Baroda Rs. 2.50 – Rs. 25.00 Punjab National Bank Rs. 6.00 – Rs. 12.00 HDFC Bank Rs. 3.50 – Rs. 15.00 Axis Bank Rs. 2.50 – Rs. 10.00 Canara Bank Rs. 5.00 – Rs. 18.00 AU Small Finance Bank Rs. 10 IMPS Limit and Timings- The Reserve Bank of India imposed a daily transaction limit on IMPS transactions. Currently, the maximum IMPS limit for daily transactions is Rs. 5 lakhs. However, it might vary from bank to bank. The mimimum amount that can be transferred using IMPS is Rs. 1. Factors to Consider While Using IMPS IMPS requires mobile banking for transferring funds. Even if you are transferring funds through IMPS using the web, you need to have the MMID of both parties and it cannot be generated without mobile banking. IMPS through net banking requires beneficiary information such as bank details, IFS code, mobile number of the receiver, name of the receiver, and MMID. Users must check the details twice before confirming the payment through UPI or IMPS. This is because the money transferred to the wrong bank account can only be returned with the consent of the beneficiary. In any case, it requires an internet connection either on a mobile phone or on your computer to transfer funds. FAQs Does the customer need to have a bank account for availing IMPS? Both the customers having a bank account and those not having a bank account can avail IMPS. However, customers who do not have a bank account can avail this service through Pre-Paid Payments instrument issuer (PPI). Can I link more than one account to the same mobile number? Yes, you can link more than one account to the same

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Kolkata Property Tax

Kolkata Municipal Corporation (KMC) has launched a new graded property tax waiver scheme, where interest dues will be waived based on the default duration. In another initiative, KMC has announced an additional one percent rebate on property tax if the dues are paid online. Continue reading to know how to pay property tax dues online in Kolkata using the KMC official website. Property tax is like the subscription fee you pay for being part of the Kolkata city community. It’s money that goes into making streets cleaner, parks greener, and public services better. If you own a property in Kolkata, it’s your responsibility to contribute. The Kolkata Municipal Corporation (KMC) sets the rates and collects this tax yearly. What you pay depends on the valuation of your property, which involves its size, location, and usage. It’s not just about paying a tax; it’s about investing in your city’s future. Remember, paying your property tax is not just a duty but a way to ensure Kolkata stays vibrant and well-maintained for you and everyone around. Types of Property Land – it refers to a basic premise without any construction. Improvisation of lands – it refers to the man-made immovable properties like buildings and godowns. Personal property – it refers to the movable manmade objects like cranes, cars or buses. Intangible property. How Property Location Affects Your Tax Rate In Kolkata, the area where your property is located plays a significant role in determining your property tax rate. The city is divided into different zones, each with its own tax rate slab. Generally, properties in more developed or central areas face higher tax rates due to better infrastructure and amenities. For example, properties in posh areas like Alipore or Ballygunge might attract a higher tax rate compared to properties in the outskirts or less developed regions. It’s important to understand that property tax is not just about the size or value of your property but also where it’s situated. The Kolkata Municipal Corporation (KMC) assesses these rates, and they can update them, so it’s wise to check the current rates for your area. This zone-based tax calculation aims to ensure fairness by charging more from those who benefit more from city services. Uses of Property Tax The residents of Kolkata are liable to pay property taxes to the Kolkata Municipal Corporation (KMC) every year. The Municipality collects the funds that are collected under the property tax and uses the money to revamp many civic amenities. The KMC has enabled self-assessment of an individual’s property by limiting the increase and decrease in property tax. Required Information- Given below is a list of information to be known and projected while paying a property tax. Zone (where the property is located) Ward Number Colony Name Type of Property Type of Owner Property Owner particulars Property Identification Details Correspondence Address Property Details Eligibility- All residents of Kolkata aged above 18  are eligible to pay Property tax in the city. Calculation of Property Tax Unit Area Assessment (UAA)- Under the UAA system, the entire city of Kolkata is divided into 293 blocks. These divided blocks are classified into seven categories (A, B, C, D, E, F and G). This classification is based on the market value, infrastructure, facilities, etc. that are available in every block. Every block has an annual value per square feet which is known as the Base Unit Area Value (BUAV). Category ‘A’ has the highest BUAV, and ‘G’ has the lowest BUAV. This method makes way for all properties of the same category or the same block to be taxed equally. However, a taxpayer has to pay only for that area that he/ she lives in and not for neighbouring areas like gardens. Annual tax = BUAV x Covered space/Land area x Location MF value x Usage MF value x Age MF value x Structure MF value x Occupancy MF value x Rate of tax. Taxation for Senior Citizens The West Bengal government has passed a bill that provides a 10% refund on municipality property tax to the senior citizens aged above 65 years. The same is applicable to widows and physically challenged people. Payment Procedure Online Method Step 1: Log on to the website The applicant has to visit the official website. Step 2: Enter the Assessee Number The taxpayer has to enter the Assessee number in the appropriate box. Step 3: Click Search Once the taxpayer enters the assessee number, he/ she has to click on the search option. Step 4: Make Payment The taxpayer has to remit the required fee using credit/ debit cards. Offline Method Step 1: Visit the Center The applicant has to approach the Municipal Corporation. Step 2: Obtain the application He/she has to obtain the application form by paying the appropriate fee. Step 3: Enter the Details The applicant has to enter all the required details in the application form. Step 4: Submit the application Once all the details are entered, the applicant has to submit the application to the concerned authority. Step 5: Collect the Challan After remitting the fee in the fee counter, the applicant receives a challan from the officials. This challan can be used as a proof for paying property tax. FAQs Who is responsible for collecting property tax in Kolkata? The Kolkata Municipal Corporation (KMC) is responsible for collecting property tax within the city limits. The tax revenue collected is used to fund various civic services and infrastructure projects in Kolkata. How is Kolkata property tax calculated? Property tax in Kolkata is calculated based on the Annual Rental Value (ARV) of the property, which is determined by the KMC. The tax rate is applied to the ARV, and various factors such as the type of property, its size, and its location may influence the tax amount. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit

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International Ship and Port Facility Security Code

Like safety, maritime security is of paramount importance to the operation of a vessel. The International Ship and Port Facility Security (ISPS) Code came into force on July 1, 2004 and is applicable to all vessels over 500 grt operating on international trades, as well as the ports that service them. The ISPS Code is a set of measures to enhance the security of ships and port facilities. It was developed in response of the perceived threats to ships and port facilities after the 9/11 attacks. The ISPS Code is part of the Safety of Life at Sea Convention (SOLAS) and compliance is mandatory for the 148 Contracting Parties to SOLAS.The ISPS Code was adopted by one of the resolutions that was adopted on 12 December 2002 by the Conference of Contracting Governments to the SOLAS, 1974 (London, 9 to 13 December 2002). Another resolution includes the necessary amendments to chapters V and XI of SOLAS that mandates compliance with the Code on 1 July 2004. The existing chapter XI of SOLAS was amended and re-identified as chapter XI-1. A new chapter XI-2 was implemented based on special measures to enhance maritime security. Part A of the ISPS Code contains the mandatory requirements regarding the amended provisions of chapter XI-2 of SOLAS , 1974; Part B provides guidance regarding these amended provisions. What is the ISPS Code? The ISPS Code provides a framework through which ships and port facilities can co-operate to detect and deter acts which pose a threat to maritime security. The Code: enables the detection and deterrence of security threats within an international framework establishes roles and responsibilities enables collection and exchange of security information provides a methodology for assessing security ensures that adequate security measures in place. It requires ship and port facility staff to: gather and assess information maintain communication protocols restrict access, prevent the introduction of unauthorised weapons, etc. provide the means to raise alarms put in place vessel and port security plans and ensure training and drills are conducted. The regulatory provisions do not extend to the actual response to security incidents or to any necessary clear-up activities after such an incident. Main Aim of ISPS code In Shipping To monitor the activity of people and cargo operation To detect the different security threats onboard vessel and in port and implement the measure as per the situation To provide a security level to the ship and derive various duties and functions at the different security level To establish the respective roles and responsibilities of the contracting governments, agencies, local administrations and the shipping and port industries To build and implement roles and responsibilities for port state officer and onboard officers to tackle maritime security threat at the international level To collect data from all over the maritime industry concerning security threats and implementing ways to tackle the same To ensure the exchange of collected security-related information data with worldwide port and ship owners network To provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels To find the shortcomings in the ship security and port security plan and measure to improve them ISPS Code Requirements To gather the security-related information from the contracting government agencies To assess the received information To distribute the security-related information to appropriate contracting government agencies Defining the proper communication protocols for ships and port facilities for hassle-free information exchange To prevent any unauthorised entry in port facilities or on a ship and other related restricted areas, even if the unauthorised entry is not a threat (but always considered as a potential threat) To prevent the passage of unauthorised weapons, incendiary devices or explosives to ships and port facilities To provide different means for raising the alarm if any security incident is encountered or a potential security threat is assessed To implement proper security plan on port and ship-based upon the security assessment and requirements To plan and implement training, drills and exercises for ship and port crew so that they are familiar with the security plans and there is no delay in implementing the same in case of a real threat FAQs What is the ISPS Code? The ISPS Code is an international framework developed by the International Maritime Organization (IMO) to enhance the security of ships and port facilities against acts of terrorism and other security threats. What are the main objectives of the ISPS Code? The primary objectives of the ISPS Code are to detect security threats and implement preventive measures to protect ships and port facilities, passengers, and cargo from security incidents. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi

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Hydrocarbon Exploration and Licensing Policy (HELP)

The Hydrocarbon Exploration and Licensing Policy or HELP, approved by the cabinet in March 2016 is aimed at increasing the transparency and decreasing the administrative discretion in granting hydrocarbon licenses. The license will permit contractors to explore conventional and unconventional oil and gas resources that comprise shale gas/oil, CBM, gas hydrates and tight gas under one single license. What is HELP? The Hydrocarbon Exploration and Licensing Policy (HELP) is a policy framework. It provides guidelines for the exploration and production of hydrocarbons in India. It was announced by the Government of India in March 2016. The HELP aims to make India a global hub for hydrocarbon exploration and production. It simplifies the licensing process. It provides fiscal incentives and promotes investment in the sector. HELP is a uniform policy for granting licenses for exploration of hydrocarbons inside India and its Exclusive Economic Zone. The following are the main features of this policy: A single licensing format for exploration, production and subsequent marketing of all hydrocarbons. Open acreage policy for granting exploration blocks. Easy to understand revenue sharing model which is also easy to administer. Freedom from government regulation in pricing and marketing on hydrocarbons produced from such exploration. The policy is designed to enhance domestic oil and gas production, bring additional investment into the sector and generate employment. As discussed earlier, it also aims to increase transparency and decrease the administrative discretion in granting hydrocarbon licenses. Open Acreage will allow E&P Companies to choose blocks from a designated area. Why is HELP Needed? The earlier policy that regulated exploration and production companies, called theNew Licensing and Exploration Policy (NELP) was framed in 1997 and was enforced in 1998. It had a few drawbacks as explained below: The policy regime of NELP dealt separately with conventional oil and gas, shale oil, coal bed methane and gas hydrates. The fiscal terms in force for acreage allocation were different for different types of hydrocarbons. Hydrocarbons derived from shale fracking and other unconventional hydrocarbons were not discovered when the NELP was formulated. The fragmented nature of the policy inherent in NELP leads to inefficiency. For example, when prospecting for crude oil, if an E&P company found natural gas, it had to apply for a separate license, adding to cost and opening the process to corruption. The NELP mandated government regulation of oil and gas prices leading to loss of revenue, court cases and arbitration. NELP also did not make any distinction for shallow water and deepwater/ultra-deepwater fields, thus imposing a uniform regulatory structure on sectors with different risk/return profiles. HELP essentially retained the structure of NELP and fixed the loopholes and disadvantages in the earlier policy by introducing the following changes: A single license for all hydrocarbons granted once under a single policy and licensing regime. Open Acreage licensing means that any E&P company wishing to bid on an exploration block currently not covered by any exploration license granted to another party. The Government examines the Expression of Interest and justification. If it is suitable for the award, the government calls for competitive bids after obtaining necessary clearances from environmental and other agencies. Contracts will be granted on the basis of bids in which the bidders will need to quote revenue sharing at two levels designated “lower revenue point” and “higher revenue point”. Revenue share at any revenue point between these points should be calculated by linear interpolation. The bidder sharing the highest revenue at net present values with the Government will get maximum weightage in this parameter. Deepwater and ultra-deepwater areas will be covered under a regime of concessional royalty for revenue sharing. Seven years of operation will be royalty-free at first for these areas and thereafter the concessional royalty rates would be 5% for deepwater and 2% for ultra-deepwater areas. Shallow water fields will also have concessional rates at 7.5% instead of 10% keeping in mind the risk /return profile of the exploration block. The contractor has the freedom to price and market hydrocarbons produced and sold in the domestic market. The revenue share of the market is calculated based on international crude oil prices or actual price. The new HELP will stimulate the creation of exploration business for oil and gas by simplifying the petroleum exploration license and reduce import dependence. This, in turn, will create new job opportunities in the oil and gas sector as well as reduce disputes and corruption as the government will not have too much discretionary power over petroleum exploration licenses. Major Functions of Hydro Exploration and Licensing Policy (HELP) Uniform Licensing- HELP policy calls for a uniform licensing scheme. This will apply to all hydrocarbons, including coal bed methane, gas, and oil. Separate licenses were granted under NELP to explore various types of hydrocarbons. This results in extra costs. If a different type of hydrocarbon is discovered while researching a certain type, a separate license is needed. Open Acreage Licensing Policy (OALP)- Contractors can explore both conventional and unconventional oil and gas resources owing to the OALP. OALP is a crucial component of the Hydrocarbon Exploration and Licensing Policy. It offers consistent licenses for the exploration and production of all hydrocarbons. Fields come with marketing and price freedom for produced crude oil and natural gas. They are offered on a revenue-sharing basis. According to the OALP, once an explorer chooses areas after assessing the National Data Repository (NDR) and submitting the EoI, it must be placed up for competitive bidding. The block is then granted to the company willing to offer the government the largest proportion of oil and gas. NDR has been developed to give explorers information on the nation’s repositories. Users can select fields based on their skills. The National Seismic Programme is a thorough investigation of 26 sedimentary basins. It provides data that is regularly being added to the NDR. Royalty- Royalty is 12.5% for on-land sectors and 10% for offshore areas of royalty. For the first seven years following the start of commercial production, deep water areas with bathymetry of more than

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