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Mauritius-Based FPIs Challenge SEBI’s New Norms

ications for SEBI and Market Dynamics: The legal challenge could have significant implications for SEBI and the broader investment climate in India

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Mauritius-Based FPIs Challenge SEBI’s New Norms

The Securities and Exchange Board of India (SEBI) is set to enforce new regulations requiring foreign portfolio investors (FPIs) to disclose their beneficial ownership by September 9, 2024. However, two Mauritius-based FPIs—LTS Investment Funds and Lotus Global Investment—are challenging these rules in court. Their appeal highlights concerns about the fairness of SEBI’s regulations and their impact on the investment environment.

  1. SEBI’s Beneficial Ownership Disclosure Requirement: SEBI’s new directive mandates that FPIs disclose detailed information about their beneficial owners. The aim is to enhance transparency within India’s financial markets and prevent activities such as money laundering. These regulations are designed to ensure that foreign investments are transparent and compliant with legal standards.
  2. Mauritius FPIs’ Legal Challenge: LTS Investment Funds and Lotus Global Investment have filed an appeal with the Securities Appellate Tribunal, seeking exemption from SEBI’s disclosure requirements. Mentioned in the Hindenburg Research report concerning their links to the Adani Group, these FPIs argue that the regulations disproportionately target them, imposing stricter requirements compared to other FPIs.
  3. Claims of Unfair Regulatory Practices: The Mauritius-based FPIs assert that SEBI’s regulations are unfairly applied, alleging that they face more stringent disclosure demands than other foreign investors. They contend that this selective enforcement creates an unequal regulatory landscape and hinders their ability to operate effectively in India.
  4. Implications for SEBI and Market Dynamics: The legal challenge could have significant implications for SEBI and the broader investment climate in India. A ruling in favor of the FPIs might prompt SEBI to reassess or amend its regulations. Conversely, upholding SEBI’s rules could reinforce the current regulatory framework but may raise concerns about its impact on foreign investor sentiment.
  5. SEBI’s Position and Investor Reactions: SEBI maintains that its regulations are essential for maintaining market integrity and aligning with international standards. The agency argues that transparency in beneficial ownership is critical for preventing financial misconduct. The outcome of the tribunal’s decision will likely influence investor confidence and future regulatory approaches to foreign investments.
  6. Broader Impact on Foreign Investment: The resolution of this legal dispute will be pivotal in shaping India’s investment landscape. A favorable ruling for the FPIs could lead to increased scrutiny of SEBI’s regulations, while a decision supporting SEBI’s stance might strengthen regulatory practices but impact foreign investor confidence.

As SEBI’s deadline for beneficial ownership disclosure approaches, the legal dispute involving Mauritius-based FPIs underscores critical issues in India’s regulatory environment. The Securities Appellate Tribunal’s decision will be crucial in determining the future of investment regulations and could significantly affect India’s appeal to foreign investors.

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The Central Board of Direct Taxes (CBDT) has formed

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The Central Board of Direct Taxes (CBDT) has formed

In a strategic move to modernize tax regulations, the Central Board of Direct Taxes (CBDT) has announced the formation of an internal committee tasked with reviewing the Income Tax Act of 1961. This initiative aligns with the objectives laid out in the Union Budget 2024-25, which emphasizes the need for a clearer and more effective tax framework. The CBDT is now inviting public suggestions on various aspects of the Act to enhance its functionality.

Focus Areas for Review

The committee will concentrate on four critical areas:

  1. Simplification of Language:
    • The aim is to transform the complex legal jargon of the Income Tax Act into simple, comprehensible language that is easily understood by taxpayers.
  2. Litigation Reduction:
    • By identifying and addressing provisions that frequently lead to disputes, the committee hopes to decrease the number of tax-related litigations, benefiting both taxpayers and the judiciary.
  3. Compliance Reduction:
    • The review will identify opportunities to streamline compliance processes, making it easier for taxpayers to adhere to regulations without unnecessary complications.
  4. Redundant or Obsolete Provisions:
    • The committee will analyze the Act for outdated provisions that no longer serve a purpose, paving the way for a more relevant and effective tax code.

How to Submit Your Suggestions

The CBDT has launched a user-friendly webpage on its e-filing portal for public input:

  1. Visit the E-Filing Portal:
    Access the webpage at CBDT e-filing portal.
  2. Mobile Number Entry:
    Users must enter their mobile number to initiate the submission process.
  3. Validate via OTP:
    After entering your mobile number, validate it using the OTP sent to your phone.
  4. Provide Your Suggestions:
    Once validated, you can contribute your suggestions related to the Income Tax Act.

The Significance of Public Engagement

By inviting public suggestions, the CBDT demonstrates its commitment to an inclusive review process. Engaging taxpayers in discussions about the Income Tax Act can yield valuable insights, ensuring that the revamped legislation addresses the real concerns and needs of citizens.

Expected Outcomes of the Review

  • Improved Understanding: A simplified Act will empower taxpayers with a better understanding of their responsibilities.
  • Reduced Costs and Efforts: Streamlined compliance processes will minimize the effort required for tax reporting and compliance.
  • Strengthened Trust in the Tax System: Transparency and clarity in tax laws can enhance trust between the government and taxpayers, promoting voluntary compliance.

The CBDT’s initiative to review the Income Tax Act of 1961 is a significant step toward modernizing India’s tax framework. By opening the floor for public suggestions, the CBDT is paving the way for a tax system that is not only efficient but also aligned with the needs of the citizens. As the process unfolds, it is essential for taxpayers to engage and contribute their insights to this crucial reform.

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Optimism for India’s New Economic Future

Prime Minister Narendra Modi reaffirmed his belief that India’s economy is on track to achieve greater than the projected growth rate of over 7% for 2024.

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Optimism for India's New Economic Future

Prime Minister Narendra Modi reaffirmed his belief that India’s economy is on track to achieve greater than the projected growth rate of over 7% for 2024. Speaking at the Kautilya Economic Conclave in New Delhi, Modi attributed this optimism to the nation’s strong economic fundamentals and resilience amid global challenges.

“We have a strong foundation, and last year we outperformed all expectations set by international agencies,” Modi stated. He noted that institutions like the World Bank, IMF, and Moody’s had all adjusted their forecasts upward, acknowledging India’s capacity to navigate external uncertainties effectively.

India’s Performance Outshines Global Predictions

In a year marked by global economic challenges, India has emerged as a beacon of growth. PM Modi pointed out that India has outperformed predictions despite facing issues like global inflation and geopolitical tensions. The Prime Minister asserted that the economy’s growth rate has been validated by consistent upgrades from prominent financial institutions, reinforcing confidence in India’s trajectory.

Focus on Structural Reforms and Innovation

PM Modi underscored the significance of structural reforms that have facilitated India’s economic expansion. He highlighted initiatives such as the Goods and Services Tax (GST) and the Production-Linked Incentive (PLI) Scheme, which have collectively enhanced the business environment in the country.

The government’s focus on digital transformation through the Digital India initiative has also accelerated economic progress. The growth of the fintech sector and increased adoption of e-commerce have opened new avenues for domestic and international investment.

Addressing Inequality for Sustainable Growth

During his speech, PM Modi addressed the critical issue of economic inequality, asserting that the government remains committed to ensuring equitable growth. Programs such as the Pradhan Mantri Garib Kalyan Yojana have been implemented to support marginalized communities, ensuring that the benefits of economic growth are distributed fairly.

“True economic growth is not just measured by GDP figures but by the quality of life for every citizen,” he stated, reinforcing the importance of inclusive development in India’s growth narrative.

A Positive Future for the Indian Economy

PM Modi’s optimism reflects the broader sentiment surrounding India’s economic prospects. With a growing middle class, a youthful workforce, and significant investments in infrastructure, India is poised to enhance its position on the global economic stage.

Looking ahead, the Prime Minister expressed his belief that India is on a path to not only meet but surpass the projected growth rate, establishing the country as a major player in the global economy.

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RBI’s Warning on Fraudulent Transactions and Loan Evergreening

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RBI Alert: Managing Risks from Fraudulent Transactions and Loan Evergreening in Indian Banking Sector

The Reserve Bank of India (RBI) has issued a strong caution to Indian banks concerning the proliferation of “lakhs of accounts” involved in suspected fraudulent transactions and the contentious practice of loan evergreening. This advisory underscores critical challenges to financial integrity and transparency within the banking sector.

Understanding the Risks of Internal Accounts

RBI Deputy Governor Swaminathan J has identified internal accounts as highly susceptible to misuse, often without legitimate purposes. These accounts have allegedly been used to facilitate fraudulent activities and perpetuate the practice of loan evergreening, which artificially sustains the appearance of loan health while masking actual financial risks.

Impact of Fraudulent Transactions and Evergreening Practices

Loan evergreening involves the extension of additional credit to borrowers unable to meet repayment obligations, distorting the true asset quality and financial health of banks. Such practices pose significant risks to financial stability and regulatory compliance.

Directives and Compliance Mandates from RBI

Speaking at a conference attended by statutory auditors and CFOs of commercial banks and financial institutions, Deputy Governor Swaminathan J stressed transparent communication with auditors and stringent adherence to regulatory standards. These directives are crucial for enhancing accountability and integrity in financial reporting practices across the banking sector.

Implications for Financial Institutions

The discovery of numerous internal accounts linked to fraudulent activities raises serious governance and risk management concerns within financial institutions. It underscores the urgent need for strengthening internal controls and implementing robust monitoring mechanisms to detect and prevent misuse, thereby preserving the credibility and resilience of the banking system.

Regulatory Measures and Enforcement Protocols

In response to these revelations, RBI plans to intensify regulatory oversight and enforcement measures to curb malpractices within the banking industry. This includes conducting comprehensive audits and assessments to identify and rectify any lapses in compliance with regulatory guidelines, ensuring robust risk management frameworks are in place.

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Maharashtra Governor Bhagat Singh Koshyari Expresses Desire to Quit Post

Maharashtra Governor Bhagat Singh Koshyari has recently expressed his desire to step down from his post and lead a retired life. The move will mark the end of an interesting chapter in the politics of Maharashtra, and Governor Koshyari’s legacy as the governor of the state.

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Maharashtra Governor Bhagat Singh Koshyari has recently expressed his desire to step down from his post and lead a retired life. The move will mark the end of an interesting chapter in the politics of Maharashtra, and Governor Koshyari’s legacy as the governor of the state.

Background and Controversies

Governor Koshyari’s tenure as the Governor of Maharashtra has been marked by controversies, starting from his appointment itself. Koshyari was appointed as the Governor of Maharashtra in 2019, after the resignation of the previous Governor, C. Vidyasagar Rao. At the time, Koshyari’s appointment was criticized by opposition parties, who accused the central government of appointing a BJP loyalist to the post.

During his tenure as the Governor of Maharashtra, Koshyari has been criticized for his actions on several occasions. For instance, he has been accused of interfering in the functioning of the state government, overstepping his constitutional limits, and behaving in a partisan manner. Koshyari has also been accused of acting as a tool of the central government, and attempting to destabilize the state government.

Koshyari’s Controversial Decisions

Some of the controversial decisions taken by Koshyari during his tenure as the Governor of Maharashtra include:

  1. Refusal to Nominate Uddhav Thackeray as Chief Minister In November 2019, after the Shiv Sena, NCP, and Congress formed a coalition government in Maharashtra, Koshyari refused to nominate Uddhav Thackeray as the Chief Minister of the state. Koshyari cited technical reasons for his decision, which was widely criticized as an attempt to favor the BJP.
  2. Opening of Temples During COVID-19 Pandemic In October 2020, Koshyari wrote a letter to Chief Minister Uddhav Thackeray, asking him to open temples in the state during the COVID-19 pandemic. The move was criticized by several people, who accused Koshyari of promoting Hindutva politics.
  3. Appointment of Vice-Chancellors In June 2021, Koshyari appointed Vice-Chancellors for nine state universities in Maharashtra, bypassing the recommendations of a search committee. The move was criticized by the opposition parties, who accused Koshyari of acting in a partisan manner.

Koshyari’s Retirement

According to sources, Governor Koshyari expressed his desire to retire during Prime Minister Narendra Modi’s visit to Mumbai last week. Koshyari reportedly said that he wanted to spend the rest of his life in reading, writing, and other leisurely activities.

Governor Bhagat Singh Koshyari’s tenure as the Governor of Maharashtra has been marked by controversies and criticism. His decision to retire will end his legacy as the Governor of Maharashtra and bring an end to an interesting chapter in the politics of the state. It remains to be seen who will succeed Koshyari as the Governor of Maharashtra and how they will navigate the complex politics of the state.

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India-born former Businessman donates 1.2 Million US dollars to BITS Pilani for creating a Centre of Innovation

Rakesh Kapoor, the former global CEO of Reckitt Benckiser, has made a significant contribution of USD 1.2 million (about Rs 10 crore) to his alma mater, BITS Pilani. This generous donation is the largest that the institute has ever received in its history.

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Rakesh Kapoor’s donation will inspire other corporate giants to give back to their alma maters

Rakesh Kapoor, the former global CEO of Reckitt Benckiser, has made a significant contribution of USD 1.2 million (about Rs 10 crore) to his alma mater, BITS Pilani. This generous donation is the largest that the institute has ever received in its history.

The donation will be utilized to fund the creation of a state-of-the-art Centre of Innovation. The 40,000-square-foot facility will have innovation labs in technology and hardware, as well as co-working spaces. BITS Pilani has expressed its gratitude towards Rakesh Kapoor, stating that his donation will have a profound impact on the institute and its students.

Rakesh Kapoor’s donation will undoubtedly motivate other corporate giants to give back to their alma maters. Corporate social responsibility has become increasingly essential in recent years, and giving back to one’s alma mater is a great way to do so. This contribution will not only help BITS Pilani but also inspire other educational institutions to create better infrastructure and provide students with modern amenities.

BITS Pilani is a premier institute for higher education in India, known for its excellent engineering and science programs. The institute has a long-standing tradition of providing top-quality education and producing exceptional graduates who have gone on to make significant contributions in various fields. Rakesh Kapoor’s donation will undoubtedly help BITS Pilani maintain its reputation as a leading institution for higher education in India.

The Centre of Innovation will serve as a platform for students and faculty members to work on innovative ideas and cutting-edge technology. The labs will provide students with an opportunity to experiment and learn in a practical environment, thus enhancing their overall learning experience. The co-working spaces will enable students to collaborate and work together on group projects, thus promoting teamwork and leadership skills.

Rakesh Kapoor has a long-standing association with BITS Pilani, having completed his B.E. in Chemical Engineering from the institute in 1978. Since then, he has gone on to become a prominent figure in the corporate world, serving as the global CEO of Reckitt Benckiser from 2011 to 2019. His contribution to his alma mater is a testament to his commitment to education and his desire to give back to society.

Rakesh Kapoor’s donation to BITS Pilani is a remarkable gesture that will have a significant impact on the institute and its students. The creation of the Centre of Innovation will provide students with access to modern facilities and cutting-edge technology, thus enhancing their overall learning experience. This donation will also inspire other corporate giants to give back to their alma maters, thus contributing to the development of higher education in India.

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World Bank Issues Warning of Impending Economic Slowdown in 2023

The COVID-19 pandemic has had a devastating impact on the global economy, but as the world begins to recover, the World Bank is warning of another potential crisis in 2023. The bank is forecasting a sharp and long-lasting slowdown in the world’s largest economies, particularly in developing countries.

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The COVID-19 pandemic has had a devastating impact on the global economy, but as the world begins to recover, the World Bank is warning of another potential crisis in 2023. The bank is forecasting a sharp and long-lasting slowdown in the world’s largest economies, particularly in developing countries.

Causes of the Impending Slowdown:

The World Bank cites several factors that could contribute to this slowdown, including higher-than-expected inflation, sudden rises in interest rates, a resurgence of the COVID-19 pandemic, and escalating geopolitical tensions. These developments could result in a global recession, according to the bank.

Economic Fragility:

The World Bank highlights the fragile state of the global economy and warns that any new adverse development could have a significant impact. This fragility is a result of the long-term economic damage caused by the COVID-19 pandemic, as well as the ongoing uncertainty surrounding the pandemic and its aftermath.

Impact on Developing Countries:

 The slowdown is expected to hit developing countries particularly hard. The World Bank notes that these countries are more vulnerable to economic shocks, and will likely experience greater difficulties in recovering from the pandemic. This could result in significant economic and social consequences, including increased poverty and unemployment.

Geopolitical Tensions:

 The World Bank also cites escalating geopolitical tensions as a potential cause of the slowdown. Tensions between nations can result in trade disputes, economic sanctions, and other forms of conflict that can have a negative impact on the global economy. This can result in reduced investment, decreased trade, and lower economic growth.

Inflation Concerns:

 Higher-than-expected inflation is another concern for the World Bank. Inflation can result in rising prices and decreased purchasing power, which can have a significant impact on the global economy. If inflation rises too quickly, it can also result in interest rate hikes, which can further slowdown economic growth.

Resurgence of COVID-19:

 The World Bank is also concerned about the possibility of a resurgence of the COVID-19 pandemic. A resurgence of the virus could result in renewed lockdowns, reduced consumer spending, and decreased economic activity. This could have a significant impact on the global economy, particularly in those countries that have not yet fully recovered from the first wave of the pandemic.

The World Bank’s warning of an impending economic slowdown in 2023 highlights the need for continued vigilance and cooperation among nations to mitigate the impact of the COVID-19 pandemic and prevent further economic damage. The bank’s forecast serves as a reminder that while some parts of the world may be recovering, the global economy remains fragile and susceptible to new economic shocks. The bank’s findings stress the importance of continued support for the recovery of the global economy, particularly for developing countries, to ensure a sustainable and equitable recovery for all.

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