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Other Regulatory

Our regulatory practice handles DGFT and foreign-trade compliance (IEC, RoDTEP, Advance Authorisation, EPCG and eBRC), STPI registration and Softex filings, West Bengal state and Kolkata Municipal Corporation registrations, and the full FCRA lifecycle — registration, renewal, and the FC-4 annual return.

Every export or regulated activity in India picks up a thin but unavoidable layer of non-tax, non-company-law compliance — DGFT for cross-border goods and services, STPI for software exports, state shops-and-establishments and municipal trade licences for operating on the ground, and FCRA for NGOs and entities receiving foreign contributions. We keep that layer in order so the core business and tax story can stay on top of the file.

Other Regulatory Matters

DGFT, STPI, state/municipal and FCRA — the compliance layer that sits beside tax, audit and corporate law.

DGFT & foreign-trade compliance — IEC, RoDTEP, Advance Authorisation, EPCG, eBRC

Any business that imports or exports in India needs an Importer Exporter Code (IEC) from the Directorate General of Foreign Trade and operates within the Foreign Trade Policy 2023, which replaced the 2015-20 policy on 1 April 2023.

IEC — Importer Exporter Code
  • Applied for online on the DGFT portal; issued on PAN — one IEC per PAN, valid for life.
  • Annual IEC updation is mandatory — the IEC must be electronically updated (re-confirmed) on the DGFT portal between April and June every year, even if no details have changed; failure to update leads to automatic deactivation, which in turn blocks all export-import documentation.
  • Applicable RCMC (Registration-cum-Membership Certificate) from the relevant Export Promotion Council to be kept current.
eBRC — Electronic Bank Realisation Certificate
  • An eBRC is issued by the AD bank on the DGFT portal confirming realisation of export proceeds against a specific shipping bill / invoice.
  • Mandatory for claims under RoDTEP, RoSCTL, Duty Drawback, and for closure of Advance Authorisation / EPCG obligations.
  • eBRC system revamped in 2023 — filing now through the RBI IDPMS (Import Data Processing and Monitoring System) / EDPMS interface.
Export-incentive schemes
  • RoDTEP (Remission of Duties and Taxes on Exported Products) — the current, WTO-compliant incentive on exported goods; rates notified by product at the HS code level; benefit realised as freely transferable e-scrips on the ICEGATE portal.
  • RoSCTL (Rebate of State and Central Taxes and Levies) — continues for apparel and made-ups.
  • SEIS (Services Exports from India Scheme) — the scheme was discontinued for services rendered on or after 1 April 2022; claims for earlier periods continue to be processed subject to cap and time limits. No RoDTEP equivalent for services yet.
  • MEIS — discontinued for exports made on or after 1 January 2021 and replaced by RoDTEP.
  • Advance Authorisation — duty-free import of inputs against export obligation; licence issued under FTP 2023 Chapter 4.
  • EPCG (Export Promotion Capital Goods) — duty-free import of capital goods against an export obligation of 6 times the duty saved, to be met in 6 years.
  • We handle the application, redemption, and closure of Advance Authorisation and EPCG licences — including installation certificates, shipping-bill mapping, and the block-wise export obligation discharge.
  • RoDTEP scrip monitoring, transfer and sale on ICEGATE where applicable.
STPI registration and Softex filings

Software Technology Parks of India (STPI), set up under the Ministry of Electronics and Information Technology, registers IT/ITeS units exporting software and services and operates both the bonded-warehouse scheme and the non-bonded DTA scheme with statutory Softex filings against every export invoice.

Registration
  • One-time registration on the STPI e-filing portal; supporting board resolution, IEC, GST registration, PAN, MoA/AoA and directors' KYC.
  • LoP (Letter of Permission) issued by the jurisdictional STPI office (Kolkata for Eastern Region) for bonded units.
  • Annual performance report (APR) and quarterly returns on the STPI portal.
Softex — mandatory for software exports
  • Every software export invoice (whether the unit is STPI-registered or not) has to be reported on a Softex form; the form is filed on the STPI portal, certified by STPI, and forwarded to the AD bank.
  • Timing — within 30 days of raising the invoice (or of last invoice of the month for bulk Softex).
  • Consolidated / Bulk Softex — permitted for repetitive customers; reduces per-invoice filing effort.
  • The AD bank cannot credit export proceeds to EEFC / current account without a STPI-certified Softex on record — non-filing blocks repatriation.
  • STPI unit setup — LoP application, bonded warehouse demarcation, customs bonding, and the initial statutory returns.
  • Monthly Softex certification and submission, including bulk-Softex operationalisation for high-volume exporters.
  • MPR (Monthly Progress Report), QPR (Quarterly Performance Report) and APR (Annual Performance Report) filings on the STPI portal.
  • De-bonding, exit, and surrender of LoP at the end of the scheme.
State and municipal registrations — West Bengal shops & establishments, KMC trade licence, professional tax

Any commercial establishment operating in Kolkata has to be registered under the West Bengal Shops and Establishments Act 1963, hold a valid Kolkata Municipal Corporation (KMC) trade licence, and deduct and deposit West Bengal professional tax; labour registrations come in on top wherever the workforce thresholds are crossed.

West Bengal Shops & Establishments Act 1963
  • Registration of the establishment with the local labour department within 30 days of commencement.
  • Sets rules on working hours, weekly holiday, overtime, leave, and employment of women and young persons.
  • Renewal — periodic; any change in particulars (address, number of employees, nature of business) triggers a filing.
Kolkata Municipal Corporation (KMC) trade licence
  • Every establishment carrying on trade, business or profession within KMC limits needs a Certificate of Enlistment (trade licence) under the Kolkata Municipal Corporation Act 1980.
  • Annual renewal by 31 March; late renewal attracts surcharge.
  • Licence fee is linked to capital employed / category of trade.
West Bengal professional tax
  • Employer registration (Certificate of Registration) + Employer enrolment (Certificate of Enrolment) under the WB State Tax on Professions, Trades, Callings and Employments Act 1979.
  • Monthly deduction of PT from employee salaries at slab rates; deposit by the 21st of the following month.
  • Annual return of professional tax deducted and deposited.
Labour registrations where applicable
  • EPF (PF) — mandatory where 20 or more employees; registration with EPFO, monthly ECR filing by the 15th.
  • ESIC — mandatory where 10 or more employees with wages below the notified ceiling; monthly contribution and half-yearly return.
  • Contract Labour (Regulation & Abolition) Act 1970 — Principal Employer registration + contractor licences where 20 or more contract workers are deployed.
  • Factories Act 1948 — factory licence, plans approval and annual / half-yearly returns where the activity is manufacturing under the Act.
  • POSH Act 2013 — Internal Committee constitution and the annual report to the District Officer.
FCRA compliance — registration, renewal, FC-4 annual return

Any Indian entity that wishes to receive foreign contribution — donations or grants from a foreign source — must be registered or have prior permission under the Foreign Contribution (Regulation) Act 2010, and the FCRA (Amendment) Act 2020 substantially tightened the account, utilisation and reporting framework.

Registration and prior permission
  • Form FC-3A — application for FCRA registration; the entity must have been in existence for at least 3 years and have spent at least ₹15 lakh on its core activities in the preceding 3 years (excluding administrative expenses).
  • Form FC-3B — application for prior permission in respect of a specific foreign donor and a specific project, for entities that don't yet meet the FC-3A eligibility.
  • Form FC-3C — renewal of FCRA registration; to be applied for within 6 months before the expiry of the 5-year validity.
  • All filings are made on the FCRA online portal run by the Ministry of Home Affairs.
FCRA (Amendment) Act 2020 — post-2020 regime
  • Mandatory FCRA designated bank account with the State Bank of India, Main Branch, New Delhi — all foreign contribution must first land here; sub-accounts in other banks may be operated for utilisation only.
  • Administrative expenses capped at 20% of foreign contribution (reduced from 50%).
  • Prohibition on sub-granting — foreign contribution cannot be transferred to any other person/entity (including other FCRA-registered entities).
  • Office bearers and functionaries need to furnish Aadhaar at the time of application.
  • Surrender of FCRA registration permitted on application (Form FC-7), with the residual foreign contribution going to a government account.
Periodic disclosures and returns
  • Form FC-4 — the annual return of foreign contribution received and utilised during the financial year, to be filed online along with audited accounts by 31 December following the end of the financial year.
  • Quarterly disclosure on the organisation's website — of foreign contribution received, source-wise and amount-wise, within 15 days of the end of the quarter.
  • Form FC-6 — intimation of changes (name, address, key office bearers, designated bank account) within 15 days.
  • Retention of FCRA records for at least 6 years.
  • End-to-end FCRA lifecycle — initial registration (FC-3A) / prior permission (FC-3B), renewal (FC-3C), FC-4 annual filing, and ongoing monitoring of utilisation and administrative-cost caps.
  • Setup of the FCRA designated account with SBI, New Delhi, and the utilisation sub-accounts.
  • Representation in FCRA inspections, suspension / cancellation proceedings, and compounding of contraventions.

Frequently asked questions

Short answers to the questions we hear most often about other regulatory.

How often does the IEC need to be updated, and what happens if we miss it?

The DGFT made <strong>annual IEC updation mandatory in 2021</strong>. Every IEC holder must electronically update (re-confirm) the IEC on the DGFT portal <strong>between April and June every year</strong>, even if no details have changed. If the update isn't filed within the window, the IEC is <strong>automatically deactivated</strong> — which in turn blocks shipping-bill filing, RoDTEP scrip credits, and every other downstream export document. Reactivation is available but requires the updation filing plus, in some cases, a written request through the Regional Authority.

Is SEIS still available for service exporters?

No. The <strong>Services Exports from India Scheme (SEIS) was discontinued for services rendered on or after 1 April 2022</strong>. Claims for service exports rendered up to 31 March 2022 continue to be processed subject to the notified cap and time limits prescribed by DGFT. There is currently <strong>no RoDTEP-style successor scheme for service exports</strong> — the government has confirmed RoDTEP only for goods. Service exporters should focus on ensuring the earlier SEIS claims are filed and redeemed within the window, and factor the absence of a services incentive into pricing.

When does a software exporter have to file a Softex form?

Every invoice raised on a non-resident customer for software or IT/ITeS services is reportable on a <strong>Softex form</strong>, filed on the STPI portal and certified by STPI, whether or not the unit is STPI-registered. The timing is <strong>within 30 days of raising the invoice</strong> (or within 30 days of the last invoice of the month, if <strong>bulk / consolidated Softex</strong> has been approved). The AD bank cannot credit export proceeds to the EEFC or current account without a STPI-certified Softex on record — so a missed Softex directly blocks repatriation and downstream forex use. High-volume exporters should operationalise bulk-Softex early to cut the per-invoice effort.

What's the KMC trade-licence renewal cycle in Kolkata?

The <strong>Certificate of Enlistment (trade licence)</strong> issued by the Kolkata Municipal Corporation under the Kolkata Municipal Corporation Act 1980 is <strong>renewed annually, by 31 March</strong>. Late renewal attracts a surcharge; non-renewal exposes the establishment to notice and possible disconnection of services. The licence fee is linked to the capital employed / trade category declared. On top of this, the establishment should hold a current West Bengal Shops & Establishments registration and be enrolled for West Bengal professional tax — those are the three baseline local registrations for any commercial setup operating within KMC limits.

What changed for FCRA-registered entities after the 2020 amendment?

The <strong>FCRA (Amendment) Act 2020</strong> tightened the framework substantively. The big changes — (i) every FCRA-registered entity must now route all foreign contribution through a <strong>designated FCRA account with the State Bank of India, Main Branch, New Delhi</strong>; utilisation sub-accounts may be opened in other banks but contribution can land only in that designated account; (ii) <strong>administrative expenses are capped at 20%</strong> of foreign contribution (down from 50%); (iii) <strong>sub-granting is prohibited</strong> — an FCRA-registered entity cannot transfer foreign contribution to any other person/entity, including other FCRA-registered NGOs; (iv) Aadhaar of office bearers is required at registration. The <strong>FC-4 annual return is due by 31 December</strong> following the end of the financial year, and a <strong>quarterly disclosure of foreign contribution received</strong> must now be published on the organisation's own website within 15 days of quarter-end.

How long does STPI registration take and is it worth it for a small software exporter?

A standard STPI registration — LoP (Letter of Permission) from the jurisdictional office with supporting IEC, GST, PAN, MoA/AoA, directors' KYC and a board resolution — typically takes <strong>3–4 weeks</strong> once the file is clean. The benefit is twofold — (a) <strong>legitimacy and streamlined Softex certification</strong> (STPI units get batch / bulk Softex more readily), and (b) duty-free import of capital goods into the bonded warehouse where a physical unit is set up. For a pure DTA (Domestic Tariff Area) software exporter operating out of leased / co-working space, STPI registration is often over-engineering — the non-STPI route with standard Softex filings works and costs less to maintain. We evaluate the mix on volume, capital goods import plans, and customer base before recommending either route.

Have a DGFT, STPI, state or FCRA matter to discuss?

We'll review what you have and come back with a focused plan — applicable sections, forms, timelines, and what we'll need from you.

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