Foriegn Service Provider

[Guest]

If a foreign company without any registered address in India takes up a specialised Sevice job in India and executes the job by the following means, what would be the regulatory and taxation issues.

1. Imports machinery on returnable basis.

2. Buys fabricated equipment in India.

3. Takes equipment on rent in India.

4. Engages erection contractors.

5. Supervises the operations by expatriates.

Does the company need to have a registered office in India? Does he also need to take labour license in India.

Advice / Guidance will be appreciated.

[YAGAY andSUN]

Foreign investment are allowed either by Automatic Route or Approval Route.  Foreign Companies, if do business in India, then, such companies are required to adhere with the Indian laws.

[sanjeev bajaj]

This is nothing but doing business in India. For that purpose, foreign company either has to open branch office or registeres through company located in India. They have to adhere the FEMA and its various regulations including foreign investment policies

AI Summary

Doing business in India requires branch or local registration and compliance with FEMA and foreign investment rules. A foreign company performing specialised services in India (importing returnable machinery, buying/renting equipment, engaging contractors, supervising via expatriates) is regarded as doing business in India and must operate through a branch office or a locally registered company and comply with Indian laws, FEMA and foreign investment policies under either the automatic or approval route; a question on labour licence was raised but not answered.