Monthly Archives

September 2021

privacy and ai

Privacy and AI: Myth

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Privacy and AI

Privacy and AI can be a very interesting development for civilization and various sectors. But with the rise of AI technology, there are a definite number of detestable attribute that is attached to the contentious technology.

It is no news that machine learning has immensely revolutionized every niche that it has encountered. This niche involves finance, website development, healthcare, or digital security.

Given that the lives during the pandemic have been altered, usage of technology and hence AI technology is on a rise. But it is to be noted that under usage and over usage of the same can lead to catastrophic circumstances and scenarios.

privacy and ai mythWhat is worth mentioning here is that AI was developed to provide assistance to civilization and reduce its labor. Coupled with its affirmative attributes, AI was also designed to provide significant privacy to media users.

The advent of such a technology was crucial, given the immense rise of online exploitation and money fraud.

Such technology was quite evident to even a normal citizen who witnessed that videos on YouTube or posts on their news feeds were blurred, or certain texts or a person’s face were strategically blurred to protect them from harm and exploitation. Well, that is exactly how digital privacy was ensured for users by using such simple technologies.

But quite detestably such technological advancement does not guarantee digital privacy that cannot be breached easily.

Such a claim has also been corroborated by the advent of technology that has been developed by a team of researchers at the University of Texas.

It is worth mentioning here that the software that has been developed by the team of researchers can easily and quite effectively breach the privacy of a user as its software is designed to easily identify the sensitive content that is strategically hidden behind pixelated images.

Now as we know such pixelated images can contain someone’s identity, house, or vehicle number, therefore the advent of such technology is definitely cancer for the AI technology’s impressiveness and working methods. Thus, this invariably proves that digital security is not as infallible as we may think it to be.

rise of aiInterestingly enough, according to reports the team hasn’t been successful in using some state-of-the-art technology to do it but has instead ironically used machine Learning methods. Such machine learning methods have been used to train neural networks. This effectively means that it has not been programmed but on the contrary, the computer has been fed with large volumes of sample images to breach the data privacy of users.

The Mechanism Used

Firstly, the team effectively uses machine learning to breach the digital privacy of the users. This is done by feeding neural networks with data sets of various blurred images. The mechanism works as the neural network sees more faces, objects, words, and faces; it invariably gets better at its recognition skills. This allows it to get better recognition and achieve good accuracy in identifying objects. Once about 90 percent of the recognition is done, the neural network is fed significantly with blurred versions of the images used to scrutinize the feasibility. This is what leads the neural network to effectively learn to distinguish between the original and the blurred images.

The last step is to witness and effectively scrutinize how accurately the software has recognized the given image, once the former learning process is complete, the neural networks are effectively exposed to an entire set of new images to recheck.

Now it is to be noted that the advent of such odious technology, the rise of AI, and data privacy is a myth. With its burgeoning data breaching power, it has given rise to apprehension amongst its users. As the digital economy is on the rise due to the pandemic, user confidence in digital security is the prerequisite demand for the success of such technology.

But it would be quite inaccurate to state that AI is significantly plagued with only disadvantages. AI technology has effectively both an upside and downside. Given the extent of its advantages in the healthcare, finance, and banking sector, such a technology is too crucial to be set aside or ignored.

Its greater usage has been witnessed in the social media industry where this technology can be incorporated into image-editing software. Such technology leads to the quality of images being restored while zooming.

It can also be effectively argued that such a technology is also a holy grail for the security measures in society. This is due to the fact that the same technology can effectively provide high-resolution images of suspicious vehicles. Such technological and security advancements can lead to advancement in proceedings and tackling of crime when such information is presented to the concerned organizations.

On the other hand, it is to be noted that AI can effectively also lead to changing the dynamics of digital security and privacy. Though certain despicable aspects develop countering the effectiveness of the AI technology, the AI technology also gets updated and prepared to deal with the same.

digital privacy

Thus, it can be effectively stated that as the influence of Machine Learning will grow, its exploiters will grow too. Therefore, adaption throughout should be included in the development of future technologies in the field of privacy. This should be done to incorporate flexibility in the system and to give out a message that no technology is foolproof, and it needs to be enhanced by doing a continuous analysis of the same.

Thus, given the aforementioned reasons and advantages of AI technology, it is definitely high time that we modernized the privacy-preserving methods. More effectively this needs to be done before the Machine Learning techniques turn the very significant idea of digital privacy into a myth.


Tags: rise of ai, digital privacy, pixelated images, data privacy in ai, data privacy ai, digital data privacy, user data privacy, ai and data privacy, rise of ai in recent years.

regulation of artificial intelligence

Regulation of Artificial Intelligence Platform: A Challenge

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Regulation of Artificial Intelligence

Regulation of Artificial Intelligence Platform: It is a sector that has great potential in the future. With its consistent and rational functioning, it can quite rightly be stated as the most consistent choice for certain future rational assessments. 

But nevertheless, algorithmic decision-making is increasingly proving to be potentially discriminatory.  This has been corroborated in various instances of EU anti-discrimination law that is well equipped with an appropriate doctrinal tool kit.

This arduous algorithm decision-making is quite particularly true in view of the legal recognition of indirect discrimination.  

legal regulation of artificial intelligenceBut on the other hand, Artificial intelligence has a great potential to transform business around the various spectrum.  But its benefits have been certainly more apparent in the IT, banking, healthcare, and media industry. This is due to the fact that all these sectors are technology-intensive sectors. 

EU has already started to strengthen its grip on the market, especially the digital industry, including business-to-business applications. And it is worth mentioning that AI actually possesses various fine qualities. 

This is due to the fact that AI, with its rational and consistent assessment, helps people with improved health care. This attribute can be coupled with safer cars and other transport systems that can be the future of civilization.

Also given the importance of cost-induced services, AI can particularly provide tailored, longer-lasting, and cheaper products and services, that can be quite crucial for the business environment.

Apart from the business or manufacturing sector, AI can further facilitate access to education,  information, and training.

It is no news that distance learning, given the pandemic, has become more and more crucial. 

On the other hand, AI can definitely make the workplace much safer as robots can be effectively used for dangerous parts of jobs, which humans are not comfortable taking up. 

 In the legal sector too AI has been predicted to be used more in the criminal justice system and the crime prevention system. This is due to the fact that massive data sets can invariably be processed faster with the use of AI.  

But given the aforementioned affirmations in support of the AI do not guarantee that the AI system is infallible.  This effectively also means that the burgeoning reliance on the AI system will also pose a greater potential risk across various sectors.

regulation on artificial intelligenceIt is to be noted that the underuse of AI technology can be outrightly considered foolish and a major threat. This is especially true in the situation of the EU which cannot miss opportunities in the domain of poor implementation of major programs.

These programs can include deals like the EU Green Deal and especially the loss of competitive advantage towards other parts of the world.

Thus, given its immense usage, one cannot deny that its usage cannot be ceased completely. But to manage it is over usage regulatory framework is required. 

This is due to the fact that over-usage is also problematic. Like used to solve and analyze various complex issues of the society can only lead to devastation. 

 such a question is all the more pertinent if we have to decide who will bear the responsibility for the AI debacle? This is increasingly important given the rise of self-driving cars. To quote an example, recently Tesla’s self-driving car hit a person during its test drive.  Thus, this gives rise to questions like should the damage be covered by the owner or should the car manufacturer, company, or the programmer be to be reprimanded.

But if the producer was to be held accountable for the same, there might be no incentive to provide such good product, service, or innovation. Furthermore,  it can definitely damage people’s trust in the technology.  Thus, given the damage that AI technology can cost, it is quite suiting that regulations are placed strategically in the economy. But on the other hand, such regulations could also be stifling and strict in regard to innovation.

Not only are the accidents that prove to be a threat to the AI technology but its design and data can be intentionally or unintentionally biased towards its users.

For example, as aforementioned,  some important aspects of the issue might not be effectively programmed into the algorithm which can lead to bias. Or on the other hand, structural racism and bias can be a reflection of the structural biases in the society, given they had been programmed.

Thus, such detestable attribute of AI technology needs to be strategically altered.  This is more and more important as if not done properly, AI could effectively lead to decisions that can be heavily influenced by data on sex, age, ethnicity, and race when hiring or firing.

This can also be true in the context of criminal proceedings and offering loans. Thus a cautious approach is the need of the hour.

 this can effectively lead to odious situations where such imbalances of the AI technology can be misused by the miscreants in society. 

artificial intelligence regulation

Also, given that AI can be biased selective content can be visualized and shown which can lead to the spread of misinformation and false narratives in society.

This can again be craft fully exploited in society. A very comprehensive example of the same can be that based on a person’s online behavior that can be studied and collected without their knowledge can lead the political campaigners to adapt their message and lead to the setting up of the demagoguery in the society. 

Thus, though AI might have some fascinating facets to it it is quite true that it can be quite destructive for society given the huge capacity of the power that it can wield in the future.

Thus, strategic and structural regulations are required. On the other hand, over usage of AI technology can also lead to the nemesis of civilization.  Thus, though AI may be interesting its regulation is certainly complex.  


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esop benefits for employees

SEBI’s New ESOP Based Benefits For Employees

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SEBI’s Employee Stock Ownership Plan – New ESOP Benefits For Employees

SEBI’s Issue of ESOP  Regulations in 2002 and SEBI’s Share Based Employee Benefit 2014 were effectively notified in 2002 and 2014 respectively.

It is to be noted that the Sweat Equity regulations had emphatically provided an elaborate efficient framework for the issuance of Sweat Equity shares by various listed companies.

new esop benefits for employees

On the other hand, the SBEB Regulations introduced the framework to regulate Employee Stock Option Scheme. This also led to the introduction of other share-based employee benefits for employees and the Employee Stock Purchase Scheme benefits.

With various recommendations and suggestions from the stakeholders, the SEBI constituted an Expert group to give recommendations in order to further streamline the provisions of these regulations.

The recommendations from the Expert Group made several emphatic and significant policy recommendations which included effectively combining both the regulations. These regulations combined were the Sweat equity regulations and the SBEB regulations.

This led SEBI to present the proposal to effectively merge and amend the Share Based Employee Benefits Regulations of 2014 and the Issue of Sweat Equity Regulations of 2002 into a single regulation. This single regulation came to be known as Share Based Employee Benefits and Sweat Equity Regulations of 2021.

The regulations that have been provided for regulation of all employee benefit schemes of the company and the sweat equity shares have been done to help employees to involve in dealing in shares, either directly or indirectly.

This has been emphatically done to effectively and significantly facilitate the smooth operation of such schemes by the employees and for their convenience. But this doesn’t mean that the regulations have been made less vigilant and stringent. In fact, the newer regulations have been promulgated keeping in mind to prevent any possible manipulation or any other matter connected with the Securities and Exchange Board of India.

sebi esop regulationsWhat Does The Law State?

It is to be noted that the provisions of these regulations will effectively apply to the employee stock purchase scheme, stock option scheme, stock appreciation rights, retirement benefits scheme, and many more. Moreover, the promulgated regulations shall effectively be applied to any company whose equity shares have been listed on a recognized stock exchange in India. It will be also applicable to companies that seek to effectively issue sweat equity shares or has a stipulated scheme for the direct or indirect benefit of employees.

The Employee Stock Ownership Plan Benefits

The changes had led the Securities and Exchange Board of India to significantly relax the minimum vesting period. This requirement was changed for the employee stock option plan in the event of the death of an employee of a company.

 as per various scrutinization and speculations, such regulations are effectively aimed at providing relief to the families of the deceased employees of the various listed companies. This has been done to provide assistance and benefits to the deceased employees’ families in times of the covid already has crippled the financial standing of many in India. As per the regulation, the recommended relaxation would effectively be available to all the employees who have deceased on or after April 01, 2020.

 to provide financial backing to various families in India, Sebi’s rules have effectively stated that there should be a minimum vesting period of at least one year. This has been done in accordance with employee stock options and stock appreciation rights. Also, as aforementioned, it also states that in the event of death of any employee in any listed company, the benefits of SAR or any other benefit that had been previously granted to the employee under a scheme will be vested in the legal heirs or nominees of the deceased employee.

employee stock ownership plan benefits Secondly, the newer SBEB Regulations will be effectively applied to all permanent employees of a company. Thus, the range of applicability has been widened. In the previous regulations, these employees also included employees of the holding company or the subsidiary of such a company that could have effectively been working in or outside of India.

Thus, it was a system where an employee that was in dual employment could have widely partaken in the share-based benefit scheme.

Thus, such a benefit could have been availed from either its subsidiary company or the holding company. However, in the recent amendments of the 2021 regulations, the scheme now only applies to employees who are exclusively working for a company.

Now the exclusive company here means that the employee could even be working exclusively for a group company of such company.

On the other hand, further amendment shows that independent directors will effectively not be eligible to participate under the equity-based benefit schemes. But several clarifications have been provided that non-executive directors would be effectively and significantly be eligible to participate in such schemes.

A series of other welcome changes that has been emphatically brought about by SEBI in its 2021 amendment law is that it has provided an increase in the time limit for appropriating inventory.

Under the recently amended regulations, if a company has effectively implemented a stock appreciation rights scheme that significantly involves purchasing shares from the market via trust, then the time limit has been increased from 1 financial year to 2 financial years.

employee stock option planThe benefit of the same is that this will significantly give companies sufficient time to identify employees. This identification of employees will include those employees to whom grants can be made while making the purchase of the shares of the company (via the trust) at an opportune time.

Thus, the short-term benefits of the amendment look quite promising but what the future holds is still a mystery.


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ipo season

The Rise of the IPO Season in India

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IPO Season 2021 in India

India in recent months has been witnessing spectacular, blockbuster IPO debuts. The debuts are being made by some of the very leading companies like Zomato, Nykaa, Mrs. Bector, Happiest Minds, Burger King, etc.

Thus, it can be rightfully stated that such robust IPOs are ushering in a new era of realizing the full potential of the startup culture in India.

ipo season 2021

Like the western countries, the startup culture in India is booming. This fact can be corroborated by pieces of evidence of astonishing IPOs being carried out in the market, the great pompous that surrounds them, and the public’s willingness to invest leading to overvalued stock.

It can be seen that the market is bullish, so much so that Zomato, which was a loss-making company, had its stock overvalued in the market with quite some buzz that was created around its name.

But, here it is worth mentioning that Zomato has emphatically ushered in the IPO season 2021.

An online food tech company going for an IPO in a competitive market sparked much confidence in others. thus, Zomato’s first step and Indian stock markets that are quite bullish this year emphatically led to the country’s emerging tech startups effectively gearing up their confidence.

This confidence was geared up encouragingly knocking on the doors of the public markets.

ipo debuts It is to be known, that 2021 isn’t the only year that saw a burgeoning IPO, 2020 too ended with two hot techs IPOs, but in the US stock market.

These were namely Airbnb and DoorDash. Thus, it can be rightfully stated that the amazing, gratifying success of these IPOs surely had an impact on the Indian investors.

On the other hand, this also led to the strengthening of their belief in technology startups.

 Thus, it is quite stratifying to decipher that the Indian IPO market has finally realized and deciphered the great potential of startups. These startups can be said to have been disrupting traditional ways of business.

One can also say that such a hunger in the market can be due to the burgeoning profits that such companies had earned during the pandemic. the avarice of such gains can also be a driving force to garner a large market share in different segments.

It is to be noted that 2020 and 2021 were unconventional years. With lockdowns and restrictions plaguing the economy, unusual and unconventional ways of business paved the way for the conducting of business activities.

On the other hand, the high exuberance in the market which made Zomato’s IPO an amazing success has inspired many to go for the same. This claim can be corroborated by the fact that all the recent IPOs, be it Zomato, CAMs, Route Mobile, Burger King, and Happiest Minds have all been effectively oversubscribed many times over and debuted with high multiples.

The government

But given the recent boom in the market, how is the Indian government coping with the recent, newfound mechanism of profit that is unfolding in the startup culture? It is to be noted that the Indian government seems to be, quite cheerfully, welcoming such tech IPOs.

In fact, India’s market regulator Securities and Exchange Board of India (SEBI) has effectively set up an Innovators Growth Platform. On the other hand, it has encouraged, through its recently announced consultation paper, that it is seeking comments for the new rules that will emphatically encourage startups to head for IPO.

 It is to be noted that companies opt for IPOs when their investors, who throughout their funding process need an exit.

ipo market

Thus, given the circumstances and the trend in the IPO market, it can be rightfully stated that there are certain healthy tailwinds that are emphatically pushing startups towards IPO. The IPOs in the market are moving towards fundraising and to emphatically provide investors, as aforementioned, with a healthy exit.

But this gives rise to a pertinent, inquisitive query, what norms or regulations are actually supporting such techs to opt for IPOs?

It is to be noted that new norms that were announced by the SEBI are the answer. Its newer norms have provided regulations and framework for easier migration to the mainboard, special rights that come with IPO, and decreased holding period. Such norms are definitely making launching IPOs more lucrative in the market.

Also, the market is doing its magic as usual. With the cautious approach of the RBI and yields low in the bond market, many investors have moved to the stock market to incur high profits.

ipo market 2021

This is the very emphatic reason that IPOs are overvalued and are being sold at a higher price with so much buzz around them. The main contributor to the same has been the financial literacy that has grown in developing countries like India, which has also contributed its part.

Thus, lastly, it can be stated that the IPO market is on the boom right now with various tech companies opting for healthy financing. But how long will the exuberance surrounding the IPO season last, is something we will have to wait and decipher.


Tags: ipo debuts, startup culture in india, ipo market, rise ipo, ipo market watch, ipo market 2021,
ipo season, ipo grey market, ipo season 2021

rise of nft

The Rise of NFT Market

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Rise of NFT Market

Rise of NFT: It is no news that the digital economy is on the rise. The era of the digital economy was effectively ushered by the pandemic. The digital transformation took place rapidly which was mainly due to the compulsion faced by many individuals to work in their remote surroundings.

Not only cryptocurrency but the rise of the broader digital asset industry was also witnessed. Thus, with the rise of cryptocurrency, the rise the popularity of non-fungible tokens has also been seen. It is to be noted that according to various reports a total of more than $208 million of NFT artwork had been sold. Given its recent nature, it is quite extraordinary that it has recorded such a humungous growth.

This also corroborates the fact that NFT is on the rise and is just in its nascent stage of development, mustering all the growing popularity in the global market. Since the onset of the pandemic some $250 million worth of total NFT volume has been traded. This data was collected for just one year i.e.2020. This effectively shows that even with economic uncertainty and financial crippling of many, NFT trade is on the rise.

The NFT model has been immensely helping various sectors that are looking for alternatives to monetize their businesses. In addition, creative artists are effectively utilizing NFTs to significantly generate revenues for their creative works. It is to be noted that concerts and music festivals were not held due to the onset of the pandemic, but many artists around the world have enthusiastically used the novel methods of monetizing their creative work by selling in the form of NFTs.

A very appropriate example of the same is the music brand, Kings of Leon, releasing its new album as a limited edition NFT. The sale of just six NFTs has provided lifetime tickets to front-row seats for the band’s shows in the future.

It is to be noted that NFTs that are digital creative works are actually premised on blockchains which work quite similarly to crypto. Blockchain technology which is quite permanent and has unchangeable digital ledgers provides the user the security of recorded transactions that reveal history. It is to be noted that this has led to growing confidence in the industry which secures transactions for future issues and gives effective ownership of NFTs to the rightful owners.

It is to be noted that before the invention or emphatic use of the NFTs the creators were facing limitations for their revenue. But now with the rise of the NFTs, an infinite number of copies can be made of their digital creative works and can be distributed throughout the internet to generate humongous revenue.

This gives rise to the question that how do NFTs make it possible for creators to generate and distribute their artwork that cannot be plagiarized? It is to be noted that the finite tokenized versions of these digital creative works ensure their uniqueness and make the attempt to counterfeit scarce. this helps the artists to preserve the uniqueness of their work.

Additionally, the NFTs cannot be replicated which insures the creators of her work. Thus, given the robust base of the establishment of the NFTs, it can be rightfully stated that excitement relating to NFTs is growing exponentially in the global market.

But given all the favorable attributes of the NFTs, their legal treatment and regulation are somewhat unsettled. As aforementioned that the royalties and uniqueness of the work are preserved through NFT trading, it is to be noted that this might not always be true. Smart contracts are written into the code of NFTs. This invariably allows for the distribution of funds in the form of royalties that the creator receives each time his or her work is resold.

However, this is applicable and works only when the NFT resale is done through the same platform. To add to the arduous attribute of the NFT, US law does not effectively recognize resale rights. These resale rights are unrecognized and are in relation to the creative works. Thus, this nonrecognition of the resale attribute of the NFT means that no law provides recourse for unpaid resale royalties.

Given the exuberant rise of the NFT market, people from all walks of life are participating in the NFT market. But given various legal restrictions, many are unaware of the same. This usually leads to odious infringement liability. Thus, lastly, it can be stated that the introduction of NFTs has great potential to emphatically influence and usher in the digital revolution in the economy.

Its usage has led many artists to earn their due during the failing pandemic period and can be used in the future too making the transition to the digital world more prominent.

Additionally, not the conventional arts being monetized but also the creators can also monetize against other unconventional physical properties and can gain proof, scarcity and uniqueness, ownership of digital assets. However, it is to be noted that the NFT market is still in its nascent stage of development.


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gst rise in india

What Will Be The GST Rise in India For Multinationals Means?

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GST Rise in India For Multinationals

India is a country where multinationals usually find their future quite uncertain and rapidly changing. Given the democracy that India is, with a government that considers regulation as its strong suit, such a thing can be expected. In the latest turn of events, the tax department in India has targeted or rather pointed towards the new regime of taxes that can be levied on the multinational fast food and hotel chains and tech companies. These are those multinationals or tech companies that effectively operate through the model of the franchisee in India.

But what part of their income has come under the taxmen’s lenses this time? Under scrutiny, this time is the royalty income of such multinationals. Here, the indirect tax department has emphatically raised questions on the pertinent nature of the agreement of these multinationals with their franchisees. It is here to be noted that the income tax department is effectively demanding higher GST given the nature of agreements that have been signed between the multinationals and the franchise.
But this might give rise to a pertinent question how is a multinational different from its own franchise? The answer is that it isn’t. it is here to be noted that under these franchisee models the multinationals allow Indian companies to actually operate them. These could lead to the management of hotels, entities, and stores by Indian companies under their global brand name. Against this arrangement or franchise model, these multinational companies charge a percentage of profit or you can effectively call them royalty or any other income.

But is this amount paid invariably? Not quite. This royalty tax that is being earned by these multinationals comes under the regulatory ambit of the Indian authorities. According to reports, most multinationals pay up to 12% Goods and Services Tax on such royalties. But, given the present scrutinization, the tax department is emphatically is trying to impose an 18% GST on such royalties.

Why such scrutinization?

The alleged revised GST collection of tax leads to a pertinent question what gave rise to such an analysis? It is to be noted that higher tax is being sought as the GST for payments that come under the “right to use” of the brand name is a mere 12 percent, but when this is compared to “transfer of the right to use”, the GST tax rate is actually18 percent. Thus, all the multinationals that were paying the applicable GST of 12% were because they claimed that they had not transferred the brand name or had effectively allowed the Indian entities to use their brand name permanently.

gst rise in india meansThis mainly comes due to the controversy that prevails between the terms ’use rights’ and ’transfer of use rights. What actually leads to the discrepancy is that the tax department actually considers taxing both categories differently.

It is to be also noted that in India, not one but several multinational companies effectively operate under varied franchise models.

One other characteristic that is responsible for the taxman’s lenses on the multinationals is that most multinational chains mainly fast-food chains, tend to operate in grant microgeographic-based exclusivity. This effectively means that various franchise stalls can be installed at various geographical locations. Not only the fast-food franchise works or operates on this model, but mobile phone companies also try to adopt similar franchise models in terms of “exclusive brand stores” or “app stores”.

The tax department alleges that such models that are usually adopted by multinationals are used to essentially save taxes and escape the tax ambit of India. On the other hand, the tax department effectively wants to want to scrutinize the multinationals using the hardcore principles of “entity over form”.

As per the reports the newer taxes can also be levied on the software companies. Such a tax that can be levied on the multinationals will effectively lead to ambiguity in the Indian tax law that cannot be too accommodative for foreign investments. Given that India is currently recuperating from the covid debacle, FDIs are crucial for momentum.

What makes this matter even more intricate is that in this situation it is very crucial to firstly distinguish between goods, effectively known as permanent transfer, and service, known as a temporary transfer.

As aforementioned, this could materialize into a thorny issue as tax applicability is a sensitive issue for the multinationals that effectively operate in countries where such high taxes can be skipped. India being the most sought-after investment destination can put many multinationals in troubled waters with its uncertain tax laws regulating them.

gst tax rateIt is not the first time that the Indian tax department has touched upon this sensitive issue. Previously, the Indirect Tax Department had beseeched or inquired some multinational corporations and foreign banks whether they will allow their entities and subsidiaries to use the brand name. Consequently, in the interest of the Indian entities, the inquiry was made into whether compensation had been duly paid for the use of the brand by a subsidiary.

For a long time, now many multinational companies and foreign banks have been under the tax department scanners. However, the issue was not carried forward due to the pandemic disrupting the functioning of the department. But with now the situation stabilized, the Income Tax department is ready for its sleuthing. What will be the future of the multinationals in India will be something we will decipher only in the future.


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competition law in india

Why Tech Startups Should Worry As India Strengthens Its Competition Law

By Corporate Law, Others No Comments

Why Tech Startups in India Worry About Competition Law

Competition Law: It is quite undeniable to state that an individual’s life revolves around new tech especially given the odious times of the pandemic. with its increased usage in our daily lives, companies like Facebook and Google seem to be omnipresent. Thus the influence they present on anybody’s life is tremendous and sometimes unwarranted.

This especially presents a problem for the individual if such an undeniably tremendous power goes unchecked and unregulated. Given the burgeoning influence it has on society and the catastrophic circumstances it might have in the future given the spread of fake information, the Government has taken matters into its own hand. This has led to the initiation of newer regulations and rules with regard to competition.

These laws are more geared to deal with the burgeoning, unchecked power of big tech firms. It can, in fact, be stated that such laws are being passed to curtail the growing influence and power of the big techs.

Historical Development of The MRTP Act

the monopolies and restrictive trade practices law was passed in 1962 to regulate and curtail the monopolistic trade in the Indian economy. It is here to be noted that initially it was initially had a socialistic character and did not apply to the public sectors.

It was due to this attribute of non-regulation of the public-owned entities like the banks, corporations, etc. that led to the passage of the Competition Act in 2002. Its main objective was to emphatically deal with anti-competitive agreements. In compliance, it also wanted to end the abuse of a dominant position and the acquisitions in the economy.

But what actually led to the debacle of the MRTP act? It was mainly due to the inefficiency that had crept into the system due to bias that had seeped into the system. It had led to a bias against the private sector which wasn’t quite accommodating. On the other hand, the liberalization in 1991 had shaken the foundation of the robust MRTP structure in the Indian economy. It was also perhaps due to a lack of clarity on a variety of definitions that made it quite ambiguous.  

Thus with liberalization in trade, robust competition law was effectively needed as trade and competition are effectively intertwined. But this also meant that Competition laws had effectively monitored the cutthroat competition that was presented by the foreign corporations to promote healthy competition and protect consumer interest. 

competition law in indiaIt is to be noted that with increasing Competition law regulation, the system has become reductant and crippling. It with its regulatory authority has started to emphatically affect the tech companies in big ways in order to regulate their size and market dominance.

In fact, internationally, the authority of Google and  Microsoft has been challenged. Coupled with it the Indian authorities have also invariably placed allegations against Flipkart and Amazon for their increasing discount sales in the economy. On the other hand, allegations have been filed against Facebook for renewing it’s it investment with Reliance Jio.

Though the government in India is emphatically trying to control the competition and monopoly in India, its measures are increasingly becoming reluctant.

It is to be noted that free trade is itself a competition regulator where the inefficient move out of the market. With extra ostentatious and complex competition laws for a developing country, these are usually crippling. Competition laws are a luxury for the developed country that developing countries like India can ill afford.

On the other hand, the government’s new attitude towards regulating the big tech firms has been strongly reflected in the new amendment bill of 2020. This emphatically molds and changes the regulatory structure of the CCI in restructuring procedures for effectively regulating the guidelines. The new bill also increasingly seeks to expand the Act to invariably and quite detestably include the digital markets.

A recent example of the same is the heavy regulations that have been proposed for the arrangement and buyers cartel. With various reductant measures to regulate the digital world with the chief compliance officer and a series of measures, inefficiency is bound to seep in.

With the increasing popularity of the tech companies and corporations, it has been seen that how the tech world is increasingly dealing with the cases such as the ola uber pricing issue and the other google antitrust allegations.

Talking about the mergers laws and the applicability of the competition laws, it is to be noted that the current merger control framework is traditional and hence reductant as CCI approval is needed if the two companies involved in the merger cross a certain limit of assets and turnover thresholds. But given the nature of the tech firms, these are very asset-light and might actually not earn revenue for many years.

This is due to the fact that the company’s more immediate goals are to expand and gain a consumer base in the market. Thus, this might lead to overlooking high-value transactions that might escape scrutiny.  

In fact, the regulation of the digital framework regulation by just CCI will not help. This is due to the fact that it might also require the help of a data protection bill and more importantly the broadcast company of India. Thus, the increasing number of regulations is not the need of the hour but the accommodation of the same is. 


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hospitality business

Investment in The Hospitality Business Dries Up Due To Regulatory and Covid Concerns

By Hospitality, Others No Comments

Hospitality Business Dries Up Due To Regulatory & COVID

It is no news that the pandemic has taken the world by storm. The economies around the world have kneeled under the pressure of economic disparities and havoc that were inflicted on their growth. Many countries saw an unprecedented contraction, of which India was effectively one of the worst-hit counties which had been hard hit by the pandemic.

But the effects and spread of the devastation caused by the pandemic were unevenly spread across various sectors. It can be rightly stated that these were effectively exacerbated in some sectors like hospitality and MSME sectors that are contacted intensive sectors.

 As the virulent and highly recurring COVID-19 spread across the entire world, the primary and sole focus of the businesses and governments got diverted towards the safety of the public. Though such measures will be continued in the long run, implications for economic growth have been severe. This is due to the fact that the sharp corporate profits have effectively led to a sharp sell-off in equity markets across the globe. It is to be noted that there has been an immense impact on both supply chains and revenue.

The hospitality sector has been effectively affected also due to restrictions in the traveling sector. The decision that was taken to effectively shut down restaurants, hotels, cinemas, and theme parks all have had a significant impact on the worldwide tourism and hospitality industry.

The Discovery of New Ventures

Given the maturity level that was exhibited by the hospitality sector offering their venue available for hospital employees and beds has led to an effective rise in newer business opportunities and models that can take the world by storm if developed carefully. But given the present circumstances, it will be sagacious to maintain that the economy is in the nascent stage of recovery.

Given robust predictions of the third wave for India, it is quite likely that the hospitality sector will have to bear the brunt yet again. On the other hand, the consumer and producers’ confidence are at an all-time low. this does not spark much confidence in the future prospects of the hospitality sector.

Given, that the financial standing of the public has been crippled by the odious pandemic, healthcare spending, and burgeoning inflation in the economy, the hospitality sector for many can still be an item of luxury. Thus, such low demand responses in terms of the services of the hospitality sector don’t provide much encouragement to the investors to invest and help the hospitality sector recuperate.

What could help mitigate the disaster?

Various economists and analysts have recommended that having an extended cash flow for the next six months will be quite prudent for the sector in mitigating the debacle. On the other hand, developing resilience is the need of the hour. Given covid 19 has the characteristic of recurring, developing resilience through robust supply chains and amicably managing operators through payments to suppliers would indeed be effective.

In the scenario that presents itself, it is quite sagacious to cut down on all discretionary operational and capital expenditure. Thus, postponing maintenance and other not-so-important capital expenditure will effectively conserve cash.

the hospitality businessThough the pandemic might have crippled the service-oriented sector like the hospitality sector quite immensely, it is to be noted that the second source of woes in the sector is related to the government. This is due to the Government’s interventions that are significantly leading to uncertainty in the business. It can be rightly stated that given the government’s policies to revive the economy, there has been a great deal of ambiguity in the market.

The ambiguity is in the context of the economic and non-economic consequences that the government interventions might cause. In addition, the fear that has gripped the public’s attention is the uncertainty about whether the government has planned more future interventions that might effectively stall the business again.

In this spirit, various empirical studies have projected and shown that increased government policies ambiguity and spending have a direct correlation with the steady state of many macroeconomic variables. These macroeconomic variables include variables like GDP, debt, and consumption.

To summarize the arduous and odious problem, it can be rightly stated that during a crisis, the government has the most crucial role in reviving the economy. It is when the uncertainty prevails in the market or producers’ and consumers’ confidence is at a record low, that government investments need to be made. This is due to a very pertinent fact that the government faces the leading challenge in reducing both types of uncertainty i.e. economic and confidence.

Also, doing so is quite crucial and vital for industries as they are particularly sensitive to such uncertainties, such as the hospitality sector. To mitigate the ambiguity crisis, policymakers might as well just impose measures with detailed transparency even if they are long-term plans. This will promote certainty in the market. Certainty is quite crucial as ambiguity is loathed by businesses. Thus, ambiguity about future and current government spending including the stimulus packages even creates uncertainty in the volatile stock market.

This effectively disrupts, as aforementioned, many macroeconomic variables such as the GDP, debt, and consumption. In addition to its hospitality revival scheme, the government should also fine-tune its aid policy and help the tourism sector, as both, are interconnected. This will emphatically provide much-needed support for the hospitality sector.

For the consumers, the first step to reviving their confidence can be cutting taxes on fuel and managing inflation. This will help them prepare better for possible future government interventions if similar, subsequent epidemics such as COVID-19 plague the system ever again.


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neo bank india

NEO Bank Legal Blocks in India

By Corporate Law, Banking, Others No Comments

NEO Bank in India

With the rise of easy credit and convenience in the economy, NEO banks can be seen on the path to a successful trajectory. The financial woes being exacerbated by the pandemic, it has been the major contributor to the successful launch and trajectory of the NEO banks in India.

With higher digitization penetration in India and growing usage of mobile technology, the country has seen a paradigm shift from archaic physical banks to online banking being offered by NEO banks. Thus, it can be rightly stated that the pandemic has ushered the paradigm and a seismic shift in the banking and payments industry in India.

A NEO bank is a bank that operates bank exclusively online. With its newer system of operation, it does not have any traditional physical branch networks. Thus it can quite rightly be stated as a new entrant in the digital payments space.

The detestable hurdles

Talking about the NEO banks in the Indian context, neo-banks are not directly regulated by the banking regulator. This is mainly due to the fact that RBI does not grant licenses for operating virtual banks in India. It is interesting to note that it effectively has permitted conventional banks to outsource certain functions.

This has been done under the guidelines on managing code of conduct and risks in outsourcing financial services. This was back in 2006. With the newer regulations, the association or the ability to partner with cooperative banks has been limited and has been curtailed. The ability to partner with the NEO banks has been done in the case of serving the unbanked or underbanked sectors.

It is to be noted that there are certain sectors like agriculture that are underbanked or underserved by the banks. But with the curtailment of the partnership of the co-operative banks and the Neo banks, has curtailed and restricted outsourcing of core management functions.

It is to be noted that Indian neo-banks typically enter into partnerships with Cooperative banks to outsource arrangements in order to provide a host of products and services to various sectors. Thus, since the banks have been barred to outsource core management functions such as compliance functions, internal audits, and decision-making functions, they will be barred from offering some key banking services.

This is mainly due to the fact that most crucial core management functions have been denied to the NEO banks like compliance with know your customer (KYC) norms and sanctioning loans and investment portfolio management, which are quite crucial for any entity that is effectively offering banking services.

Now, it is to be noted that NEO banks are of strategic importance in the economy. First, as aforementioned, it finances the unbanked sectors that have a hard time getting loans for functioning. This includes some crucial sectors like agriculture which is the largest contributor to the economy.

Secondly, the Neo-banks have been targeting both the retail and the business sector. Given that these sectors were the worst hit during the pandemic and are still reeling under the effect of the pandemic, NEO has taken the central stage in rebuilding the economy.

NEO banks have been helping the retail sector and the MSMEs to effectively open digital savings or current bank accounts. But with the latest amendments of RBI, such an ambition might be hazy. Additionally, NEO banks are best suited for facilitating money transfers efficiently using existing payment rails. This is mainly done by Neo-banks to support their customers in availing credit lines; thus they often act as a direct selling agent for financial institutions. Thus, NEO banks’ attributes are quite crucial.

Given the aforementioned detestable attributes, several other factors contribute to the block in the NEO banks’ functioning. The main hurdle is the ambiguity that is offered by the RBI. This is due to the fact that the RBI does not entirely recognize virtual banks. On the other hand, it does not even regulate neo-banks. As a matter of fact, many neo-banks choose to act as business correspondents of various conventional banks. This is effectively leading the entities to further financial inclusion in remote areas. This is due to the fact that in order to act as BCs, companies need to effectively have widespread retail outlets.

Secondly, the biggest discrepancy that NEO banks are facing is the threat to security. this is due to the fact that conventional banks would emphatically expect infrastructure and security practices of neo-banks. This would be effectively needed before partnering with them.

neo bank blocksThus in pursuit of a successful partnership, NEO banks will have to definitely upgrade their systems so that safer services can be provided. Lastly, the most important cornerstone of the whole structure is data privacy. It is to be noted that for secure online transactions and payment systems, ensuring data privacy is the key.

Thus, given various roadblocks in the future of the NEO banks, it is quite hard to decipher the future of the same at the moment. Perhaps, bringing the NEO banks under the ambit of the RBI regulations will be a start. With regulations in place, credit debacle or bubble can be avoided, which can prove quite crucial for the upcoming future of the upcoming digital payments system.

On the other hand, with the onslaught of the pandemic, the RBI should emphatically consider fully embracing virtual or branch-banking services. Thus, what will be the stance of the government or the RBI is something we’ll have to wait and watch.


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neo bank blocks

central bank digital currency

Will Central Bank Digital Currency Be a Game Changer?

By Economy, Banking No Comments

Central Bank Digital Currency

Given the rise of digital currency the previous year, it is to be noted that it has spiked the interests of many for investments, even though it might put them on the wrong side of the law and at odds with the government. Given such a spike in the public’s interest, it is quite right to see that the interest of the regulators to regulate the unpredictable market has also spiked. This has effectively led the world’s central bankers to begin discussions on the idea of central bank digital currency.

On the other hand, countries like El Salvador and Miami have shown their burgeoning interest in the crypto that has led even the International Monetary Fund and its managing director to talk openly about the pros and cons of the contentious digital currency.

This conversation should also take into consideration the fact that cash is hugely being used less and less in various other countries. At the same time, digital payment systems in various countries will essentially give CBDC tough competition. Various payments apps like PayPal, Venmo in the West; Alipay and WeChat in China, and Paytm in India can offer attractive alternatives to the central bank’s services and initiatives.

central bank digital currencyBut here it is to be noted that only commercial banks have the access to central banks’ balance sheets. This also effectively includes that central banks’ reserves are already held as digital currencies, this is why central banks will be more efficient and cost-effective than any other payments platform in mediating interbank payments and lending transactions.

Given that no other individuals or corporations enjoy such unhindered access, they too must rely on licensed commercial banks to process their own transactions. Thus central banks have an upper hand in processing payments and transactions and thus a more reliable digital banking system.

Talking along similar lines, RBI too recently indicated the fact that it too is considering a phased introduction of a central bank digital currency (CBDC). Given that the unregulated black market is booming under the vigilance of the central regulator, it has become quite mandatory for the RBI to regulate the uncanny market.

Thus, the introduction of a CBDC will fundamentally do just that, it will change the archaic, fundamental currency and payments ecosystem. But given a certain amount of freedom that will be provided in such a model, RBI will be seen as assuming a greater role as the issuer of digital currency.

It is to be noted that an introduction of CBDC will revolutionize digital payments as digital currencies are currently able to effectively penetrate remote areas. This is because a user only needs internet connectivity and a mobile phone to transact using a digital currency, thus CBDC will help penetrate the banking system not only in urban areas but also in rural areas. 

Another enticing advantage that will be included in the model will be a high convenience factor, which would be unconventional given the bank’s lengthy transacting procedures that are a canker for its users. A regulated CBDC will help keep the model safe, and low-cost, thus making the payment experience convenient. The low-cost model will not be only beneficial to the end consumer but also to banks as lower costs will be incurred for printing paper currency.

Another area where a CBDC can significantly and effectively reduce time and settlement risks in cross-border transactions. And it is to be noted that once the domestic model and cross-border transaction regulatory framework is set up and well-defined, the market can positively and optimistically expect a lot of product innovation in a similar space.

 It is to be noted that once CBDC will be regulated and will be under RBI’s scrutiny and vigilance it will be essentially given legal tender that will be issued in a digital form. Some of the other key benefits of CBDC have already been achieved via UPI-based payment products. Given, that CBDC will be regulated, it will essentially lower systemic risk and will help introduce diversity and innovation in digital payments.

central bank digital currency rbiThough, it is to be noted here that RBI, as the issuer of CBDC, will effectively decide whether CBDC tokens will be interest-bearing and whether the ability to “convert” CBDC to physical cash shall be given or not. Additionally, RBI will also decide upon the degree of anonymity that will be associated with the use of CBDC, which seems quite unlikely as anonymity of character is what will render RBI’s vigilance and analyzing program useless. 

Additionally, RBI’s role in the mole restructuring will be quite prominent as its choices will determine the severe implications for the digital payments ecosystem in the economy. Well, it will depend on RBI whether CBDC should be utilized for both retail payments or should its usage be limited to wholesale payments for transactions only. Father, RBI’s sagacious amassing tools will only determine whether CBDC be issued via an account-based or a token-based model.

But this gives rise to an inquisitive question that how will the model work whether the settlement and interfaces in connection with a CBDC be undertaken solely by the central bank itself or will the roles of private banks in the banking and payment systems be invariably changed? Once a wider consumer base for CBDC is built, a reduction in bank deposits would directly and indefinitely affect the pricing of and access to credit. This is when RBI would have to factor in other commercial banks to share the burden. 

Thus, the decision to introduce a CBDC  to not includes higher analysis and scrutinization. And what really such a centrally monitored digital currency brings to the economy is yet to be deciphered.


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