Japanese investors keen on India’s infra growth story: Arun Jaitley

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TOKYO: Japanese conglomerate SoftBank and a number of investors here have shown keen interest in investing in India’s “infrastructure growth story”, Finance Minister Arun Jaitley said today as he kicked off his 6-day visit to Japan aimed at attracting investments from Asia’s second biggest economy.

After a meeting with Jaitley, SoftBank Group CEO Masayoshi Son said he is also interested in Internet companies as well as solar energy sector, where he has already announced $20 billion investment through a joint venture.

“There are people who want to participate in infrastructure growth story. For example, at the SoftBank meeting we just had, they are looking at one of the biggest investments in solar power already,” Jaitley said after meeting Son.

“There are people who want to participate in infrastructure growth story. For example, at the SoftBank meeting we just had, they are looking at one of the biggest investments in solar power already,” Jaitley said after meeting Son.

In June last year, SoftBank announced that the group was forming a joint venture with Bharti Enterprises and Taiwan’s Foxconn Technology Group to invest about $20 billion in renewable energy in India. The JV would aim to generate 20 gigawatts of electricity.

“They have made considerable headway and have identified location. It will probably be one of the largest investment in those areas,” Jaitley said.

The Japanese telecom and Internet giant has made a string of tech investments in India, amounting to $2 billion in the past two year. SoftBank is looking at accelerating the pace of investments in the future.

“India has a great future… We are interested in investing for Internet companies, also for solar energy. We would make a strong commitment,” Son said.

He had previously said that India’s market is poised for massive growth, making it an important destination for investors.

SoftBank’s investments in the past two years include $627 million in online-retailing marketplace Snapdeal and leading a $210 million funding round in taxi-hailing app Ola Cabs.

It paid $200 million for a 35 per cent stake in InMobi, an Indian mobile-advertising network, starting in 2011.

SoftBank also has a JV with Bharti Group, Bharti SoftBank, the investments of which include the mobile application Hike Messenger. Its other investments include real-estate website Housing.com, hotel-booking app Oyo Rooms and Grofers.

Son had previously predicted that India’s e-commerce industry would become a $500 billion business in the next 10 years.

SoftBank, which owns one of Japan’s biggest mobile carriers and a controlling stake in US-based Sprint Corp, has been moving quickly to expand its Internet and media holdings.

As the largest shareholder in Alibaba Group Holding Ltd, the Chinese e-commerce company, SoftBank has ample resources to deploy for acquisitions.

Source: http://economictimes.indiatimes.com/articleshow/52491788.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Intangible MNC assets may be taxed in case of a global merger and acquisition

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A recent clarification by the government has created a stir among some multinationals which are concerned that their Indian entities might be taxed even in case of a global merger and acquisition with another global company.

More so, the worry is in case of multinationals that hold intangible assets in India, either through research and development centres, or are engaged in businesses where it is tough to value assets.

This is mainly because tax component, if at all, would be decided on valuation of the Indian entity, and whether valuation (Indian entity) accounts for more than half the holding entity outside India. This comes in the wake of the Central Board of Direct Taxes (CBDT) announcing rules for determining fair market value in case of indirect transfer of shares of an Indian entity. Rules specify a method for determination of “fair market value” of foreign target company shares and Indian company shares. In case of an indirect transfer of shares or transaction, if the value of Indian assets is more than 50% of the foreign target company, this could lead to taxation in India.

So if an US-headquartered company invests in India through a Mauritius company and at any point in time there’s a change in ownership, the tax could be applied. The tax would be triggered in India if the ownership of the Mauritius company is changed, and if more than 50% of the total assets of this company (Mauritius company) are in India.

“If a multinational has a presence in India through an intermediate holding vehicle in a third country, and if there is an M&A deal at the intermediate holding entity level, the Indian entity can attract taxation in India,” said Amit Singhania, Partner at Shardul Amarchand Mangaldas.

“While the 50% rule applies, valuing the Indian assets, particularly the right of management or control in an unlisted Indian company would be challenging,”  Singhania said.

Many multinationals are now rushing to their Indian tax consultants to find out which transactions could attract tax here. “Many multinationals that have a presence in India through Mauritius could face some tax in India even if there is an offshore M&A deal, especially where the seller is based in a country whose treaty does not exempt capital gains tax in India,” said Rajesh H Gandhi, partner, tax, Deloitte Haskins and Sells.

“However, more importantly, it could be challenging to identify and value some of the assets and determine the place where they are situated. This would be more relevant for assets like human resources, contractual rights and intangibles such as mobile applications, results of R&D or patents developed in India but registered elsewhere,” said Gandhi.

Industry trackers say that in case of an M&A at an international level, the shares of holding companies are transferred or merged, which is where the problem lies. Many experts also point out that information and documentation required to ascertain the valuation of Indian as well as an intermediary is not just complicated but tough to come by in many cases.

“If so, income tax would assume the Indian entity’s valuation is more than 50% of the holding entity,” said a consultant currently advising such a client. Experts point out that patents held by the Indian company, and some other assets too have to be valued. Not only valuing these intangible assets could have different views, in some cases, these patents or other intangible assets are developed in India but sit on the balance sheet of other group companies outside India.

Source: http://economictimes.indiatimes.com/articleshow/52474147.cms

Amazon sets the pace for e-commerce in India

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Seattle-based e-commerce giant Amazon should be happy that even before it turns three in India on June 5, the company has emerged a leader in this market. Before rivals can protest, we are not talking numbers yet. The American player has won the first round simply because it has successfully pushed competition to change the narrative and metrics of the online play.

Earlier this week, the almost nine-year-old poster boy of Indian ecommerce, Flipkart, announced in three separate interviews that customer satisfaction would be its mantra from now on. GMV or gross merchandise value of goods sold on the platform, till now the benchmark for success, will be kept aside, said Binny Bansal, who became CEO of Flipkart in January. Not too long ago, Snapdeal CEO Kunal Bahl had the same to say about shedding the GMV goalpost.

In the process, both Flipkart and Snapdeal have endorsed what the American e-commerce major has always maintained and indirectly acknowledged Amazon’s heavyweight presence in this market.

Here’s how the customer has always been the central point for Amazon. When asked about the next round of investment coming into India and whether the figure would be higher than the $2 billion announced in 2014, the company’s India head, Amit Agarwal, had said in December 2015: “All I can say is that we will not be held back for investments…. We don’t manage to a number but to the customer’s expectation.” Also, GMV was never a benchmark that this company referred to, unlike its rivals.

The focus on customer flows from the top. In September 2014, Amazon founder Jeff Bezos had told this newspaper, ”I stay heads down, focused. I encourage these guys (the India team) to not pay attention to a bunch of noise, and rather stay focused on the customer experience, figure out how to get products to customers faster with more reliability, earn trust with customers. The rest will take care of itself.”

In fact, the Bansals of Flipkart have known the napkin sketch of flywheel (with customer at the centre) drawn by Bezos some 17 years ago only too well: the two IITians had worked at Amazon in the US before starting their own venture in 2007.

As for numbers, estimates show that Amazon’s growth in India was 250 per cent in 2015 compared to the previous year. This year, the growth has been around 150 per cent. The number of active sellers on the platform is pegged at 85,000 and industry reports have shown that its website is top of the list in e-commerce. The company does not offer separate customer data for different geographies, but it has a total global user base of 300 million plus.

Picking and choosing
Comparisons with Flipkart and Snapdeal are tough. But in a cat and mouse chase, both Amazon and Flipkart or their investors have been dishing out data from time to time, citing analytics firms. In December, two sets of data came out. One was from Bezos in an email to customers. “Just two and a half years from our launch, Amazon.in has become the most visited e-commerce site in India,” Bezos wrote. He cited data analytics firm ComScore to say Amazon was leading with more than 30 million monthly unique visitors as of October 2015. Flipkart was at 27 million while Snapdeal was at 20 million. These numbers reflected unique visitors to e-commerce sites through desktop or laptop, rather than through mobile apps.

In the same month, Naspers, a South African Internet company, said Flipkart, along with Myntra, had over 50 million monthly active users on its smartphone app, three times larger than those on Snapdeal and Amazon during the September 2015 quarter. Naspers owns 17.4 per cent in Flipkart.

If number of visitors is what Amazon and Flipkart cite to claim leadership position, Snapdeal is peddling transaction numbers for the top slot. Snapdeal co-founder and COO Rohit Bansal said in February that the company has 1 million transacting users on the platform (Snapdeal, Freecharge and Shopo combined), and the number is higher than Amazon and Flipkart put together. Snapdeal aims to grow the transacting user number to 20 million by 2020.

There have been shipment comparisons too. Based on interaction with an unnamed logistic firm, a recent media report said that Amazon was the only e-commerce firm to have grown in shipment share from a year ago. While Amazon’s shipment share is said to have grown to 21-24 per cent from 19 per cent earlier, Flipkart’s share dropped from 43 per cent to 37 per cent and Snapdeal’s from 19 per cent to 14-15 per cent. These numbers could not be verified independently.

Number of sellers is another way of comparing the strength of a player. Against Amazon’s active 85,000, Flipkart has more than 100,000 and Snapdeal around 250,000.

The measure of success
Of late, companies have even started measuring the average delivery time as a benchmark in e-commerce. A recent study by PwC put Snapdeal ahead of Amazon and Flipkart in that measure.

Till recently, when the industry referred to GMV as the only solid currency, Flipkart was an undisputed leader at around $10 billion of total sales, followed by Snapdeal at $4 billion and Amazon at $2 billion as of 2015 estimates. One of the analysts that this newspaper spoke to projected the 2017 GMV at $12 billion for Flipkart, $9 billion for Snapdeal and $6.3 billion for Amazon. But according to him, the math could change as it was possible for Amazon to cross Snapdeal’s GMV while moving closer to Flipkart, depending on how the three played out the GMV-versus-profitability game.

A report published by Bank of America-Merrill Lynch in May 2015 placed Flipkart on top with 43 per cent market share, followed by Snapdeal at 30 per cent and Amazon at 18 per cent.

One year later, things have moved on. As reported by this paper, in the next 12 to 18 months, Amazon has the potential to be at the top of the pack, executives at three prominent international analyst firms say. If Flipkart and Snapdeal focus more on getting profits, shifting their attention from GMV, Amazon could race ahead faster, they said.

Stumbling blocks
But there are challenges on the way. The riders that came with the recent guidelines allowing 100 per cent FDI in online marketplace companies are among the hurdles. While liberalising e-commerce, the Department of Industrial Policy & Promotion has introduced conditions to ensure that platform owners do not turn sellers. Thus, sales cannot exceed 25 per cent for any vendor, marketplace players or their group companies cannot sell, guarantee and warranty must be the sole responsibilities of the sellers, and platform owners cannot influence pricing of products so that there’s a level playing field.

In fact, Amazon highlighted the regulatory risks in its India business, citing the latest e-commerce guidelines, in its filings to the US Securities & Exchange Commission.

Apart from the risk of sellers not being able to offer products at low prices on Amazon, as it may be interpreted as ”influencing pricing”, its worry is also Cloudtail, the most prominent vendor on the platform. Cloudtail, a joint venture of Amazon with Catamaran Ventures, promoted by Infosys founder NR Narayana Murthy, must reduce its sale to adhere with the latest Indian policy.

Even so, analysts believe that Amazon stands a better chance than the rest to be a long-term leader in e-commerce in India, primarily because of its war-chest. Amazon is a $100-billion conglomerate and it does have an open cheque book for India.

Source: http://www.business-standard.com/article/companies/amazon-sets-the-pace-for-e-commerce-in-india-116052601474_1.html

Tanzania plans to invest $1.9 billion each year in energy projects by 2025

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“Tanzania’s electricity sector faces another important challenge. As it is heavily dependent on hydropower, energy provision cannot be ascertained in times of drought,” Tanzania’s prime minister, Kassim Majaliwa, said.

Tanzania plans to invest $1.9 billion each year by 2025 in energy projects in a bid to end power shortages and boost industrial growth in East Africa’s second-biggest economy, its prime minister said.

Tanzania aims to boost power generation capacity to 10,000 megawatts from around 1,500MW at present, using natural gas and coal and reducing its dependence on hydro power sources.

“Tanzania’s electricity sector faces another important challenge. As it is heavily dependent on hydropower, energy provision cannot be ascertained in times of drought,” Tanzania’s prime minister, Kassim Majaliwa, said in a statement late on Tuesday.

“Severe and recurrent droughts in the past few years triggered a devastating power crisis as electricity generation in most of the hydropower stations have progressively been declining in recent years, occasionally resulting in long hours of power black outs.”

Majaliwa said the government wants to see more private capital investment in the energy sector.
“The projected power projects funding exceeds the existing government fiscal space,” he said. “To attract private capital, the government is improving institutional set up, legal and regulatory frameworks.”

Investors have long complained that lack of reliable power was one of the obstacles of doing business in Tanzania.

Tanzania said last week Japan’s Koyo Corporation plans to invest $1 billion in a gas-fired power plant near big offshore natural gas fields off the African country’s southern shore.
Source: http://economictimes.indiatimes.com/articleshow/52432817.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

EU seeks to make it easier to buy online from other countries

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An eBay sign is seen at an office building in San Jose, California May 28, 2014.

Online retailers would be banned from stopping a customer in one EU country buying from a website based in another, under a proposal issued on Wednesday to make it easier for consumers to shop across the bloc.

The European Commission said its law would stop “geoblocking” where companies limit access to their websites based on user location, often forcing customers to use versions based in their own country, sometimes with higher prices.

“In the online world, all too often consumers are blocked from accessing offers in other countries,” the Commission said in a statement.

“Such discrimination has no place in the single market.”

The law would affect companies such as Amazon, eBay and Zalando as well as to sales of services provided in a specific location, for example car rental, accommodation and concert tickets.

It would not initially apply to copyright-protected items such as e-books, music and games, although those might be included soon, the Commission said. So for the time being a German citizen would still be unable to buy a Spotify subscription in, for example, Estonia, where it is much cheaper.

The music industry welcomed the exemption, saying that to include such services in the geoblocking proposal would be “a serious blow for cultural diversity.”

Under Wednesday’s proposal, which requires the approval of the European Parliament and national governments to become law, retailers would not be allowed to block access to websites based on a user’s location or to re-route customers to a website version based in their own country without their consent.

Amazon already makes its websites accessible to customers anywhere in Europe, and says 98 percent of its own stock is available to shoppers from any European country.

While e-commerce websites will not be allowed to prevent customers in one EU country buying products in another, they will not be forced to deliver cross-border.

Therefore, an Italian buying a TV from a German website would either have to arrange their own delivery or collect it at the trader’s premises.

The Commission hopes the new rules will increase the proportion of consumers who buy online from another country, currently only 15 percent.

“The European Commission is doing the right thing by helping solve practical problems faced by online businesses, particularly small and medium sized businesses,” said eBay’s’ Paul Todd, Senior Vice President of EMEA (Europe, Middle East and Africa).

A business group said the proposal failed to address the reasons companies use geoblocking, such as differing VAT rates and consumer protection rules.

“This is like putting a sticking plaster on a broken leg,” said John Higgins, director general of DIGITALEUROPE, which represents companies such as Sony, Google and Dropbox.

In a separate proposal, the EU executive sought to increase the transparency of prices for cross-border parcel delivery and to give national authorities the power to assess whether they are affordable.

Source: http://www.reuters.com/article/us-eu-ecommerce-geoblocking-idUSKCN0YG1DC

India: PE firm Nalanda Capital to raise $620m for third fund

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Private equity firm Nalanda Capital has registered with the US market regulator Securities & Exchange Commission to raise $620 million for its new fund, according to an Economic Times report citing sources.
This will take the total corpus raised by the Singapore-resistered PE firm to $1.5 billion, the report said.
The new fund raise comes after five years as the company had raised $475 million for its second fund in 2011 and first fund of $400 million in 2007.
Nalanda Capital has built a large portfolio of India -based public-listed companies.
Some of its investments include in the companies like Just Dial, Lovable Lingerie, ELGI Equipments, TTK Prestige, Triveni Engineering and others.
Set up by ex-Warburg Pincus India managing director Pulak Prasad, the PE firm gradually raises its stake in the portfolio firms. Early this year, it had raised its holding in Mumbai-based Just Dial to 7.58 per cent.
Nalanda Capital also made some part-exits at the end of 2015 from companies like Lovable Lingerie and Triveni Engineering. The other PE firms which are focused on investing in public-listed companies, include ChrysCapital, Westbridge among others.
ChrysCapital has also closed first round of its seventh fund of $600 million in January this year. The PE firm had launched this fund in September last year and managed to raise $350 million by end of December as first round.

Last October, Westbridge Capital had also raised $575 million more to invest in Indian companies, as per a media report.