Companies Act - Delhi HC allows plea moved by Audit firms; No merit in challenge to Sec 132 of Companies Act based on arguments of vicarious liability, retroactive operation & violation of Art 20(1) of Constitution: HC (See 'Legal Desk') IBC - Raising money by issuance of convertible debentures with option to be later converted into equity shares, can be classified as 'financial debt' if default is committed by corporate debtor: NCLAT (See 'Legal Desk') Delhi High Court allowed pleas moved by CA/ Audit firms; No merit in challenging Section 132 of Companies Act based on arguments of vicarious liability, retroactive operation and violation of Article 20(1) of the Constitution Explanation to Section 132(4) in unambiguous and explicit terms provides that the expression 'professional or other misconduct' would have the same meaning as assigned to that phrase by Section 22 of the CA Act. Section 132 does not create a new species of misconduct nor does it create a liability which was otherwise not contemplated under a pre-existing legislation. (Para 205) Section 132 does not create a new disqualification or create a novel set or category of misdemeanors to constitute professional or other misconduct. (Para 209) MoD inks Rs 10,147 Cr contracts with EEL, MIL & BEL for rockets (See 'Corp Brief') IBC - Bar on filing CIRP applications applies only to defaults that occur within moratorium period: HC (See 'Legal Desk') Number of commodities on e-NAM platform reaches 231 (See 'Corp Brief') IBC - Last payment made by corporate debtor within period of limitation amounts to acknowledgment u/s 19 of Limitation Act: NCLAT (See 'Legal Desk') BIS & British Standards Institution discuss hydrogen standardization (See 'Corp Brief') TM- When adoption of mark is tainted with bad faith, no amount of subsequent use can cleanse vice of dishonest adoption: HC (See 'Legal Desk') IICA, CMAI sign MoU to enhance capacity for decarbonisation (See 'Corp Brief') IBC - Resolution applicant shall obtain approval of Competition Commission of India under CCI Act prior to approval of such resolution plan by committee of creditors under IBC: SC LB (See 'Legal Desk') India-Japan Dialogue organized to strengthen bilateral cooperation in Steel Sector (See 'Corp Brief') Misc - Earnest money forfeited upon flat booking cancellation must be reasonable and not excessive enough to be considered as penalty u/s 74 of Contract Act: SC (See 'Legal Desk') MoS reaffirms India's commitment to global pharmaceutical standardization (See 'Corp Brief') A&C - Pendency of civil & criminal litigation inter se partners, cannot estop one of partners from invoking arbitration clause or bar reference of dispute for adjudication to arbitrator for determination: HC (See 'Legal Desk') Potassium derived from Molasses can be used by farmers: Minister (See 'Corp Brief') Arbitration Act -There is no bar to avail remedy u/s 9 of Arbitration Act: HC (See 'Legal Desk') Vesting Orders for 7 Coal Mines issued (See 'Corp Brief') IBC - Cause of action for initiating proceedings u/s 7 of IBC arises when debt is acknowledged by debtor: NCLAT (See 'Legal Desk') CCI okays acquisition of stake in POSCO India by POSCO India Processing Center (See 'Corp Brief') 'Haj Suvidha App' is for convenience of pilgrims: Rijiju (See 'Corp Brief') Arbitration Act - If respondent had waived right to raise objection regarding legal capacity of applicant to move application for appointment of Arbitrator, he cannot be permitted to raise objection at belated stage: HC (See 'Legal Desk') Bharat Tex is perfect example of industry-govt collaboration: Textiles Secretary (See 'Corp Brief') Web-portal enables citizens to participate in Youth Parliament program (See 'Corp Brief') BIS hosts Annual Convention in Healthcare Sector (See 'Corp Brief') SARFAESI - Claims of secured creditor precede claims of Sales Tax/VAT Departments; charge created by Sales Tax Department subsequent to charge created by bank under SARFAESI Act, lacks legal standing: HC (See 'Legal Desk') Unlocking creativity through Trailer Making Competition (See 'Corp Brief') India's First Ferret Research Facility dedicated to Nation (See 'Corp Brief') IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016- There is fiduciary angle to relationship between IP and IBBI: IBBI (See 'Legal Desk') IEPFA signs MoU with Association of Chartered Certified Accountants (See 'Corp Brief') Secretary chairs Stakeholders' Meeting to review preparations of India Steel 2025 (See 'Corp Brief') IBC - Non Fund Based facilities cannot be refused to be disbursed when approved Resolution Plan contains clause for their disbursement: NCLAT (See 'Legal Desk') Govt taking steps for Door-to-Door gas supply through pipeline (See 'Corp Brief') PMLA - Court woud not interfer with order passed as apellant fails to give explanation for embezzlement of funds: TRIBUNAL (See 'Legal Desk') Business trusts to pay tax at maximum marginal rate (See 'Corp Brief') Focus on nuclear energy to strengthen power infra: Manohar Lal (See 'Corp Brief') A&C - Mere existence of arbitration clause in agreement does not bar jurisdiction of civil court automatically: HC (See 'Legal Desk') Budget proposes surcharge levy on firms (See 'Corp Brief') A&C - Award without reasons would suffer from patent illegality as it completely ignores vital provisions of the agreement: HC (See 'Legal Desk') Budget offers incentives for International Finances Services Centre units (See 'Corp Brief') IBC - Copy of Resolution Plans submitted by other Prospective Resolution Applicants cannot be shared in advance with suspended management of corporate debtor, if suspended management is also RP: NCLAT (See 'Legal Desk') 'Bharattradenet' for global trade to be set up for trade financing (See 'Corp Brief') Arbitration Act - Court to appoint independent sole arbitrator as appointment procedure choosed by parties is no longer valid: HC (See 'Legal Desk')

Single Window System working well to promote investment: MoS

Published: Aug 07, 2024

By TIOLCorplaws News Service

NEW DELHI, AUG 07, 2024: THE Government has taken several steps to boost investments and attract more industrial activities in the country. The Government of India, through Department for Promotion of Industry and Internal Trade (DPIIT) and other Central Ministries/ Departments, provides an enabling eco-system for the overall industrial development of the country through appropriate policy interventions. In addition to on-going schemes of other Ministries/ Departments, this Department has taken various steps for promotion and facilitation of  industries across States/UTs, which includes Andhra Pradesh, Maharashtra and Uttar Pradesh, such as Make in India, Start-up India, PM GatiShakti, National Industrial Corridor Programme, Production Linked Incentive (PLI) Scheme, promoting Ease of Doing Business (EoDB) and reducing compliance burden, National Single Window System (NSWS), India Industrial Land Bank, Project Monitoring Group (PMG), liberalization of FDI policy, Indian Footwear and Leather Development Programme (IFLDP) Scheme, etc. An institutional mechanism to fast-track investments has been put in place, in the form of Project Development Cells (PDCs), in all concerned Ministries/ Departments of Government of India.

In addition, the Government has implemented various measures to stimulate Foreign Direct Investment (FDI) inflows. The Government has put in place an investor friendly policy, wherein most sectors except certain strategically important sectors, are open for 100% FDI under the automatic route. Almost 90% of the FDI inflow is received under the automatic route. India continues to open up its economy to global investors by raising FDI limits, removing regulatory barriers, developing infrastructure and improving business environment.

The Government has taken initiatives to simplify, rationalize, digitize and decriminalize Government to Business (G2B) and Citizen Interface across all the States/UTs with the objective to improve Ease of Doing Business and Ease of Living. So far, more than 42,000 compliances have been reduced and more than 3,800 provisions have been decriminalized. Jan Vishwas (Amendment of Provisions) Act, 2023 was introduced to further the trust-based governance and enable de-criminalization of minor offences and compliance-based laws and requirements. The Act decriminalized 183 provisions under 42 Acts administered by 19 Ministries/Departments. India ranks 63 rd in the World Bank's Doing Business Report (DBR), 2020 published in October, 2019. India's rank in the DBR improved from 142nd in 2014 to 63rd in 2019, registering a jump of 79 ranks in a span of 5 years.

The Department for Promotion of Industry and Internal Trade (DPIIT) has developed the National Single Window System (NSWS) portal as a one-stop for taking all the regulatory approvals and services in the country. NSWS platform aims to streamline the G2B ecosystems and further promote ease of doing business in India. The platform promotes Accountability, Information Symmetry and Transparency within the G2B ecosystem by providing a national portal, PAN based verification and registration and access to more than 270+ G2B services at the central level. Thus, it also eliminates the need for multiple interfaces and registrations for businesses to avail requisite G2B services. The national portal integrates the existing clearance systems of the various Ministries/ Departments of Govt. of India and State Governments. Currently, approvals of 32 Central Ministries/ Departments and 28 States/UTs Single Window Systems have been integrated with the NSWS Portal. A total of 277 Central approvals and 2,977 state approvals can be applied through NSWS. Information pertaining to 653 central approvals and 6,198 state approvals are available to businesses via the Know Your Approval (KYA) module of NSWS.

This information has been provided by the Union Minister of State for Commerce and Industry, Jitin Prasada in a written reply in the Lok Sabha yesterday.

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