Automatic Route

(a) New Ventures

2.2 All items/activities for FDI/NRI/OCB investment up to 100% fall under the Automatic Route
except those covered under (i) to (iv) of para 2.9.
Whenever any investor chooses to make an application to the FIPB and not to avail of the
automatic route, he or she may do so.
Investment in public sector units as also for EOU/EPZ/EHTP/STP units would also qualify for the
Automatic Route. Investment under the Automatic Route shall continue to be governed by the
notified sectoral policy and equity caps and RBI will ensure compliance of the same. The
National Industrial Classification (NIC) 1987 shall remain applicable for description of activities
and classification for all matters relating to FDI/NRI/OCB investment:
Areas/sectors/activities hitherto not open to FDI/NRI/OCB investment shall continue to be so
unless otherwise decided and notified by Government.
Any change in sectoral policy/sectoral equity cap shall be notified by the Secretariat for Industrial
Assistance (SIA) in the Department of Industrial Policy & Promotion.
(b) Existing Companies
2.3 Besides new companies, automatic route for FDI/NRI/OCB investment is also available to
the existing companies proposing to induct foreign equity. For existing companies with an
expansion programme, the additional requirements are that (i) the increase in equity level must
result from the expansion of the equity base of the existing company without the acquisition of
existing shares by NRI/OCB/foreign investors, (ii) the money to be remitted should be in foreign
currency and (iii) proposed expansion programme should be in the sector(s) under automatic
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route. Otherwise, the proposal would need Government approval through the FIPB. For this the
proposal must be supported by a Board Resolution of the existing Indian company.
2.4 For existing companies without an expansion programme, the additional requirements for
eligibility for automatic approval are (i) that they are engaged in the industries under automatic
route, (ii) the increase in equity level must be from expansion of the equity base and (iii) the
foreign equity must be in foreign currency.
2.5 The earlier SEBI requirement, applicable to public limited companies, that shares allotted on
preferential basis shall not be transferable in any manner for a period of 5 years from the date of
their allotment has now been modified to the extent that not more than 20 per cent of the entire
contribution brought in by promoter cumulatively in public or preferential issue shall be locked-in.
2.6 The automatic route for FDI and/or technology collaboration would not be available to those
who have or had any previous joint venture or technology transfer/trade mark agreement in the
same or allied field in India.
2.7 Equity participation by international financial institutions such as ADB, IFC, CDC, DEG, etc.
in domestic companies is permitted through automatic route subject to SEBI/RBI regulations and
sector specific cap on FDI.
2.8 In a major drive to simplify procedures for foreign direct investment under the “automatic
route”, RBI has given permission to Indian Companies to accept investment under this route
without obtaining prior approval from RBI. Investors are required to notify the Regional Office
concerned of the RBI of receipt of inward remittances within 30 days of such receipt and file
required documentation within 30 days of issue of shares to Foreign Investors. This facility is
available to NRI/OCB investment also. [For procedure relating to automatic approval, refer to
para 8.1].
Government Approval
2.9 For the following categories, Government approval for FDI/NRI/OCB through the FIPB shall
be necessary: -
(i) All proposals that require an Industrial Licence which includes (1) the item requiring an
Industrial Licence under the Industries (Development & Regulation) Act, 1951; (2) foreign
investment being more than 24 per cent in the equity capital of units manufacturing items
reserved for small scale industries; and (3) all items which require an Industrial Licence in
terms of the locational policy notified by Government under the New Industrial Policy of
1991.
(ii) All proposals in which the foreign collaborator has a previous venture/tie up in India. The
modalities prescribed in Press Note No. 18 dated 14.12.1998 of 1998 Series, shall apply to
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such cases. However, this shall not apply to investment made by multilateral financial
institutions such as ADB, IFC, CDC, DEG, etc. as also investment made in IT sector.
(iii) All proposals relating to acquisition of shares in an existing Indian company in favour of a
foreign/NRI/OCB investor.
(iv) All proposals falling outside notified sectoral policy/caps or under sectors in which FDI is
not permitted.
Areas/sectors/activities hitherto not open to FDI/NRI/OCB investment shall continue to be so
unless otherwise decided and notified by Government.
Any change in sectoral policy/sectoral equity cap shall be notified by the Secretariat for Industrial
Assistance (SIA) in the Department of Industrial Policy & Promotion.
2.10 RBI has granted general permission under Foreign Exchange Management Act (FEMA) in
respect of proposals approved by the Government. Indian companies getting foreign investment
approval through FIPB route do not require any further clearance from RBI for the purpose of
receiving inward remittance and issue of shares to the foreign investors. Such companies are,
however, required to notify the Regional Office concerned of the RBI of receipt of inward
remittances within 30 days of such receipt and to file the required documents with the concerned
Regional Offices of the RBI within 30 days after issue of shares to the foreign investors.
2.11 For greater transparency in the approval process, Government has announced guidelines
for consideration of FDI proposals by the FIPB. The guidelines are stated in Annexure-III. The
sector specific guidelines for FDI and Foreign Technology Collaborations are stated in Annexure
IV. [For procedure relating to Government approval, refer to para 8.2].

4. What is the Taxation Policy in India?

Ans. Since the onset of liberalization in the country, tax structure of the country is also being
rationalized keeping in view the national priorities and practices followed in other countries.
Foreign nationals working in India are generally taxed only on their Indian income. Income
received from sources outside India is not taxable unless it is received in India. The Indian tax
laws provide for exemption of tax on certain kinds of income earned for services rendered in
India. Further, foreign nationals have the option of being taxed under the tax treaties that India
may have signed with their country of residence.
Remuneration for work done in India is taxable irrespective of the place of receipt. Remuneration
includes salaries and wages, pensions, fees, commissions, profits in lieu of or in addition to
salary, advance salary and perquisites. Taxable payments include all allowances and tax
equalisation payments unless specifically excluded. The stock options granted by the employer
are taxable as capital gains at the time of sale of shares acquired due to exercise of options.

Foreign Direct Investment (FDI) in India is permitted under the

following forms of investments.
Through financial collaborations.
Through joint ventures and technical collaborations.
Through capital markets via Euro issues.
Through private placements or preferential allotments.
FDI is not permitted in the following industrial sectors:
Arms and ammunition.
Atomic Energy.
Railway Transport.
Coal and lignite.
Mining of iron, manganese, chrome, gypsum, sulphur, gold,
diamonds, copper, zinc.

CONCLUSION :
The Indian middle class is large and growing; wages are low; many
workers are well educated and speak English; investors are optimistic
and local stocks are up; despite political turmoil, the country presses
on with economic reforms. The rapid economic growth of the last few
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years has put heavy stress on India's infrastructural facilities. The
projections of further expansion in key areas could snap the already
strained lines of transportation unless massive programs of expansion
and modernization are put in place. Problems include power demand
shortfall, port traffic capacity mismatch, poor road conditions (only half
of the country's roads are surfaced), low telephone penetration (1.4%
of population). Although the Indian government is well aware of the
need for reform and is pushing ahead in this area, business still has to
deal with an inefficient and sometimes still slow-moving bureaucracy.
The Indian market is widely diverse. The country has 17 official
languages, 6 major religions, and ethnic diversity as wide as all of
Europe. Thus, tastes and preferences differ greatly among sections of
consumers. The general economic direction in India is toward
liberalization and globalization.
There is always a constant fear for the investor of the frequent
changes in environmental legislations and policies in India. Long term
environment policies could be drawn up.
India is not a member of the International Center for the Settlement of
Investment Disputes, nor of the New York Convention of 1958.
Commercial arbitration or other alternative dispute resolution (ADR)
methods are not yet popular ways of commercial dispute settlement in
India. The recent introduction in Parliament of a new Arbitration Bill
signals the importance now accorded to this matter by the GOI.
However, India still has a heavy regulation burden among other
countries, e.g the time taken to start business or to register a property
is higher in India. Similarly, indirect taxes, entry-exit barriers and
import duties have been a major detriment to investment climate in
India.
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All these issues are required to be addressed or at least partically
avoided for having higher FDI in India.
Though India is not a signatory to the Convention on Settlement of
Investment Disputes between States and nationals of other States,
many Bilateral Investment Agreements entered by India include an
ICSID Arbitration clause for settlement of disputes. The lack of
legislative and institutional reform is a barrier to FDI.
Though there are several set backs and deficiencies, the existence of
economic opportunities would not dissuade FDI in India.