Business Setup Services involve assisting entrepreneurs and foreign investors in establishing a legal business entity in India. PKP provides end-to-end support — from choosing the right structure (Private Limited, Public Limited Company, LLP, etc.) to incorporation, tax registration, and post-setup compliance, opening of bank account. PKP assist with all regulatory requirements under the Companies Act, FEMA, RBI, GST, and Income Tax laws to ensure a legally compliant setup.
• Private Limited Company
• Public Limited Company
• Limited Liability Partnership (LLP)
• Partnership Firm
• Sole Proprietorship
Foreign investors can also opt for Wholly Owned Subsidiaries, Branch Offices, Liaison Offices, Project Offices, or Joint Ventures depending on their objectives.
• Branch Office: Can conduct trading and business activities but not manufacturing activities on behalf of foreign entity. The branch office is treated as foreign company in India.
• Liaison Office: Serves as a communication channel between the foreign company and Indian entities, without commercial operations. This business module is used by foreign entities those are exploring the market, before they setup their business in India.
• Project Office: Temporary setup for executing specific projects in India.
PKP guides you in selecting the most suitable option based on your objectives.
PKP provides end-to-end support — from identifying violations and preparing necessary documents to filing compounding applications with RBI and responding to queries. Our experts also offer advisory services to ensure full FEMA compliance in future transactions.
NRI Tax Compliance refers to the fulfilment of all statutory obligations imposed upon Non-Resident Indians under Indian tax and regulatory laws, primarily under Income Tax Act, 1961, Foreign Exchange Management Act, 1999 (FEMA), and associated rules and regulations. It includes determination of residential status, timely, correct computation and payment of applicable taxes, filing of ITR, adherence to TDS provisions, and compliance with foreign exchange regulations governing cross-border transactions.
Why It Is Important:
• Legal Obligation: NRIs earning income from Indian sources — whether through property, investments, stock market transactions, bank interest, or business — are legally required to declare and discharge their tax liabilities in India. Non-compliance constitutes a statutory violation and may attract penalties and prosecution.
• Avoidance of Financial Penalties: Failure to comply with filing deadlines, tax payment obligations, or disclosure requirements can result in substantial interest charges, monetary penalties, and in grave cases, criminal liability under the Income Tax Act and FEMA.
• Optimisation of Tax Liability: Proper compliance enables NRIs to legitimately avail of treaty benefits under applicable DTAAs, claim eligible deductions and exemptions, and seek refunds of excess TDS — thereby minimising their overall tax burden in a lawful manner.
• Seamless Repatriation of Funds: Adherence to FEMA regulations and maintenance of accurate tax records facilitates the smooth repatriation of income and sale proceeds from India to the NRI's country of residence, without regulatory impediment.
• Protection of Indian Assets: NRIs holding immovable property, financial investments, or business interests in India must ensure ongoing tax and regulatory compliance to safeguard their assets from litigation, or adverse orders from tax authorities and thereafter attachment of the property.
Given the complexity of cross-border tax obligations and the evolving regulatory landscape, it is strongly advisable for NRIs to engage qualified professionals to ensure full and timely compliance.
PKP Consult offers a comprehensive suite of tax and regulatory advisory services specifically tailored to meet the needs of Non-Resident Indians. Our end-to-end support encompasses the following key areas:
• Income Tax Return (ITR) Filing: We manage the complete ITR filing process for NRIs, ensuring accurate determination of residential status, correct selection of the applicable ITR form, timely submission, and optimal utilisation of available deductions and exemptions under the Income Tax Act, 1961.
• DTAA Advisory: Our experts provide structured guidance on Double Taxation Avoidance Agreements applicable to your country of residence, assisting in the procurement of Tax Residency Certificates (TRC), filing of Form 10F, and ensuring you benefit from reduced withholding tax rates where applicable.
• TDS Refund Claims: Where Tax Deducted at Source has been withheld at rates exceeding your actual tax liability, PKP Consult facilitates timely refund claims through accurate ITR filing and, where appropriate, applications for Lower Deduction Certificates under Section 197.
• FEMA Compliance: We advise NRIs on Foreign Exchange Management Act (FEMA) regulations governing repatriation of funds, maintenance of NRE/NRO/FCNR accounts, acquisition and disposal of immovable property in India, and other cross-border transactions requiring regulatory adherence.
At PKP Consult, we are committed to providing personalised, accurate, and timely guidance so that NRIs can fulfil their Indian tax and regulatory obligations with complete confidence and clarity.
Yes. PKP Consult provides comprehensive support to NRIs in navigating tax disputes and proceedings initiated by the Income Tax Department. Given the complexities of cross-border taxation and the procedural intricacies of Indian tax litigation, having experienced professionals represent your interests is essential to achieving a fair and timely resolution.
Nature of Disputes PKP Consult Handles:
• Scrutiny Assessments (Section 143(3)): Where the Income Tax Department selects an NRI's return for detailed examination, PKP Consult prepares and submits comprehensive responses, compiles requisite documentation, and represents the NRI before the Assessing Officer to substantiate the income declared and claims made.
• Notices under Section 148 (Reassessment): Where the Department seeks to reopen a previously completed assessment on grounds of income escaping assessment, PKP Consult evaluates the validity of the notice, advises on the appropriate legal response, and manages the reassessment proceedings on behalf of the NRI.
• Demand Notices and Tax Recovery Proceedings: Where erroneous tax demands are raised — often arising from TDS mismatches, incorrect processing of returns, or denial of DTAA benefits — PKP Consult assists in filing rectification requests, responding to demand notices, and obtaining stays on recovery where warranted.
• Appeals before first appellate authority CIT(A): Where an assessment order is adverse, PKP Consult prepares and files appeals before the first appellate authority, presenting well-reasoned legal and factual arguments to seek relief.
• Appeals before second appellate authority (ITAT): For matters requiring adjudication at the tribunal level, PKP Consult co-ordinates with experienced tax counsel to represent the NRI's case before the ITAT, ensuring that all legal grounds are comprehensively argued.
• Rectification Applications (Section 154): Where a tax demand or assessment order contains a mistake apparent from the record — such as non-credit of TDS or incorrect computation — PKP Consult files rectification applications for prompt correction.
• FEMA-Related Disputes: PKP Consult also advises and represents NRIs in proceedings before the Enforcement Directorate (ED) and the Adjudicating Authority under FEMA, particularly in matters involving alleged contraventions of foreign exchange regulations.
DISCLAIMER
The information provided in this FAQ is intended solely for general informational and educational purposes and does not constitute legal, financial, or tax advice. While PKP Consult has endeavoured to ensure the accuracy and completeness of the content, the provisions of the Income Tax Act, 1961, FEMA, and allied regulations are subject to periodic amendment, and the information herein reflects the legal position as at the date of publication. NRIs are strongly advised to consult a qualified Chartered Accountant, tax advisor, or legal professional before taking any action or making any decision based on the information contained herein, as individual circumstances may vary significantly. PKP Consult shall not be held liable for any loss, damage, or adverse consequence arising directly or indirectly from reliance on the contents of this FAQ. For personalised and up-to-date guidance on your specific tax and regulatory obligations, we invite you to connect with the PKP Consult advisory team.
Registration under the Foreign Contribution (Regulation) Act, 2010 (FCRA) is mandatory for any trust, society, NGO, or Section 8 company in India that intends to receive foreign contributions such as donations, grants, or sponsorships from overseas sources.
The primary objective of FCRA registration is to ensure that foreign contributions are received and utilised in a transparent and lawful manner for legitimate social, cultural, educational, economic, or charitable activities. It also enables the government to regulate and monitor the flow of foreign funds into organisations operating in India.
It should be legally registered under the applicable law, such as the Societies Registration Act, 1860, the Indian Trusts Act, 1882, or as a Section 8 company under the Companies Act, 2013.
In addition, the organisation should normally have been engaged in genuine charitable or social activities for a minimum period of three years and should have spent at least ₹15 lakh towards its core objectives during the last three years, excluding administrative expenses. This requirement helps demonstrate the organisation’s credibility, track record, and commitment to its stated objectives.
Registration granted under the Foreign Contribution (Regulation) Act, 2010 remains valid for a period of five years from the date of approval. It can be renewed further on filing of renewal application within stipulated period under the Act.
PKP provides comprehensive professional assistance for FCRA registration and renewal. Our services include eligibility assessment, documentation review, preparation of application forms, and filing of applications through the online portal of the Ministry of Home Affairs.
Our team also supports organisations in ensuring proper regulatory compliance, maintaining necessary documentation, and addressing queries raised by authorities. With our structured approach and expertise, we help minimise the risk of rejection or delay and ensure a smooth and efficient application process.
• Eligibility assessment — evaluating turnover, nature of supply, and business structure to determine the appropriate registration category.
• Document compilation and filing of Form GST REG-01, including PAN, Aadhaar, incorporation certificate, address proof, bank details, and DSC.
• Response to departmental queries (Form GST REG-03/04) to ensure swift approval without rejection.
• Multi-state registrations and registrations for special categories including ISDs, e-commerce operators, and non-resident taxable persons.
• Post-registration setup — GST-compliant invoicing, correct HSN/SAC codes, return filing obligations, and ITC optimisation guidance.
• Amendment, where business details change such as office address, change in constitution, change in commodity and change in the directors/partners etc.
• Cancellation, where organization cease to operate.
Yes. PKP Consult provides end-to-end refund assistance covering the following categories:
• Export refunds (zero-rated supplies): IGST paid on exports, or accumulated ITC under LUT.
• Inverted duty structure: Where input GST rate exceeds output rate, causing ITC accumulation.
• SEZ supplies: Refund of IGST or accumulated ITC on supplies to SEZ units and developers.
• Assessment/appellate orders: Refund of excess tax paid with interest under Section 56.
• Deemed exports: Supplies to EOUs, under Advance Authorisation or EPCG scheme.
• Excess cash in Electronic Cash Ledger: Refund of inadvertently deposited amounts.
• GST refund for foreign embassy and diplomats.
Our Refund Process:
• Eligibility assessment, computation and reconciliation, document compilation (BRC/FIRC, shipping bills, LUT), filing of Form RFD-01, and active follow-up with the jurisdictional officer.
• Response to deficiency memos (RFD-03), personal hearing representation,
• Review of refund rejection order, if any
• Appeals against refund rejection orders.
PKP Consult provides robust representation and advisory across all types of GST proceedings as under:
• Scrutiny of Returns (Section 61): Detailed responses with invoices, reconciliation statements, and legal explanations to address return discrepancies.
• Best Judgement Assessments (Sections 62 & 63): Filing outstanding returns and representing unregistered persons to mitigate adverse orders.
• Departmental Audit (Section 65): Pre-audit preparation, document compilation, attendance at proceedings, and negotiation of audit conclusions.
• Show Cause Notices (Sections 73 & 74): Legally reasoned replies contesting proposed demands with documentary evidence.
• Anti-Evasion / Search & Seizure (Sections 67–72): Immediate advisory on rights and obligations, and representation in subsequent proceedings.
Appeals and Litigation:
• First appeal before the Appellate Authority (Section 107),
• Second appeal before GSTAT (Section 112),
• Writ Petitions before High Court,
• SLPs before the Supreme Court where warranted.
• Advance ruling applications before AAR/AAAR for proactive clarity on complex GST issues.
Yes. PKP Consult offers comprehensive GST advisory — available on a retainer basis or on assignment basis - covering:
• HSN/SAC classification, applicable rates, and determination of composite vs. mixed supply treatment.
• ITC eligibility, blocked credits (Section 17(5)), ITC reversal obligations, and GSTR-2B reconciliation.
• Place of supply analysis for domestic, cross-border, digital, works contract, and logistics transactions.
• Transaction structuring for tax efficiency — including mergers, restructuring, inter-company arrangements, and slump sales.
• RCM advisory on Section 9(3)/9(4) supplies, unregistered procurement, and import of services.
• Sector-specific advisory across real estate, financial services, healthcare, IT, manufacturing, hospitality, and e-commerce.
Ongoing Support:
• Retainer engagements: Day-to-day query resolution, GST law updates, periodic compliance reviews, and priority representation in departmental matters.
• GST Health Check: Comprehensive review of return accuracy, ITC claims, invoicing compliance, and overall risk profile.
Any foreign company with a profitable track record during the preceding three financial years and a net worth of at least USD 50,000 (or equivalent) is eligible to establish a Liaison Office in India, subject to RBI approval through Authorized Dealer (AD) banker.
A Liaison Office can represent the parent company, promote export/import activities, facilitate technical or financial collaborations, and act as a communication link between the parent company and Indian businesses.
PKP offers complete support — from drafting applications and obtaining RBI approvals to managing registrations, accounting, payroll, and annual compliance filings. Our expert team ensures smooth setup and regulatory adherence at every step.
