Government of India’s flagship initiative met with an
enlarged definition of startup under the purview of Startup India, Stand up India. The Ministry of Commerce and Industry
vide its notification G.S.R 501(E) dated May 23, 2017[1] broadened
the definition of a startup for the purpose of government schemes taking into
account long gestation period in establishing startups. Further, startups would no longer need a letter of recommendation
from an incubator or an Industry Association for either recognition or for
claiming tax benefits under the Startup India program. This move could be seen as a positive step to improve the ease of
doing business in India, and promoting entrepreneurship in India to build the India story. The present notification is
in supersession of the earlier notification dated February 17, 2016[2].
Bringing in the “New”
As per the present notification, a Private Limited
Company organized under the Companies Act, 2013, a Partnership Firm registered
under the Partnership Act, 1932, or a Limited Liability Partnership organized
under the Limited Liability Partnership Act, 2008, can now be recognized as a
Startup upto a period of seven years instead of the earlier stipulated five
years from the date of incorporation or registration; for startups in
Biotechnology sector the gestation period is extended to 10 years. Therefore,
these startup companies would continue to enjoy their privileged status until
the completion of their respective startup gestation period, and by fulfilling
the below mentioned criteria during their gestation period -
a.
If it is working
toward innovation, development or improvement of product or process or service
or an accessible business model with great prospective of employment generation
or wealth creation.
b.
Wherein, the turnover[3]
for any financial year since incorporation should not exceed INR 25 crore (USD 3884702
approx.). Herein, the term turnover should be read in consonance with Section 2
(91) of the Companies Act, 2013, where it is defined as the aggregate value of
the realization of amount made from the sale, supply, or distribution of goods,
or on account of services rendered, or both, by the company during a financial
year.
However,
it must be noted that, no recognition will be granted to entity or entities
formed from splitting or reconstruction of an entity already in existence.
Ease
in Process
Online
applications aim to improve upon the ease of governance and expediting the
administration process. The present notification is in line with the previous
2016 notification and reiterates that the entity willing to be recognized as
startup must apply online through mobile app/portal set up by Department of
Industrial Policy and Promotion (hereinafter referred to as the ‘DIPP’).
Application has to be submitted along with a Certificate of
Incorporation/Registration with other relevant details as may be required. The
entity has to provide the details about how it is working towards innovation,
development, improvement of product or process or service or its scalability in
terms of employment and wealth generation.
As
per the notification, the startup recognition will cease once the entity’s turnover
exceeds INR 25 crore (USD 3884702
approx.) or completes
seven years (Ten years in case of Biotechnology startups) of incorporation,
whichever is earlier.
Tax
Boons
For
the purpose of claiming tax benefits, the startup must be incorporated after
April 01, 2016, but before April 01, 2019. It must be engaged toward
development, innovation, improvement of products or process or service or must
have high potential of employment generation or wealth creation. However, it
may be noted that the definition of startup includes a partnership firm,
registered under Section 59 of the Partnership Act, 1932, but tax benefits are
only provided to Private Limited Companies and Limited Liability Partnerships
as per the present notification.
Entity
is also required to obtain a certificate of eligible business from
Inter-Ministerial Board of Certification
as constituted by DIPP.
However,
no startup recognition for the purpose of tax benefit would be given if a
startup is engaged in developing
1.
Products
or services or processes which don’t have potential for commercialization.
2.
Undifferentiated
products or services or processes
3.
Products
or services or processes with no or limited incremental value for customers.
Revocation of Startup Status
As
per the present notification, DIPP reserves the right to rescind the startup
status of an entity without furnishing any prior notice to the party concerned.
Therefore, if recognition is found to have been obtained without uploading the
necessary documents, or on false premises, the same may result in revocation of
the startup status of the entity if deemed fit by DIPP.
Therefore,
as a relentless exertion to facilitate a
comfortable startup ecosystem, the above changes can be seen as a robust effort
and a welcome move by the government to guarantee ease of starting new
businesses that would eventually encourage creation of jobs in the country.
No comments:
Post a Comment