COVID-19 - Impact On Industry and The Economy 24 March 2020
COVID-19 - Impact On Industry and The Economy 24 March 2020
COVID-19 - Impact On Industry and The Economy 24 March 2020
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Contents
Advocacy and Representations as on 24 March 2020
Sectoral Recommendations:
2. Logistics
3. Medical Technology
5. Paints
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The pandemic has also been affecting the economic and financial conditions worldwide, India
being no exception. There are several evidences that substantiate the fact that COVID-19 has
been impacting the Indian industry and economy adversely, with significant implications on the
sustainability of businesses and employment. The negative sentiment of the economy is perhaps
best captured by the plunge of the stock prices at BSE and NSE in the last few days and also of
the Indian rupee against USD. Some major sectors such as electronics, automobiles, entertainment,
transport, tourism, and exports are in deep trouble due to the disruption in the global supply
chain and routine operations.
In recognition of the need for special measures to minimise the impact of the pandemic on the
industry and economy, the Government of India, along with various state governments, RBI and
SEBI have started taking several measures, which would help in minimising disruption in the
supply chain by way of reduced compliances and increased credit flow. The rapidly changing
situation in the wake of exponential rise in coronavirus cases across states, however, warrants
more of such measures and continuous monitoring of the situation at the ground level.
Against this backdrop, CII identifies some policy / regulatory measures, which would help ease
doing business in the wake of the outbreak of the COVID-19 pandemic and minimise the adverse
effects on the health of the industry and economy.
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Sectoral Recommendations:
Logistics and Warehousing
The impact of COVID-19, in India, is increasing by the day and the businesses across the country
have started to feel the heat. However, the Supply Chain industry is fully geared up to rise to the
occasion and stand with the Government at this critical hour to show solidarity and to overcome
this crisis.
Our request
1. Access to vehicle movement: As we commit to support with our supply chain assets for
the movement of essential items related to COVID-19, delivery of basic food stuff like
grains, packaged rice, wheat, etc. will be streamlined with service providers. We request
the Government to allow free movement of such goods, especially across the state borders,
in the event of a complete lockdown. This will ensure speedy movement of essential items
to reach the right place at the right time. Therefore, the entire transport sector may also
deemed to be an essential service.
2. Free Cash flow: In order to be able to pay the workers and our suppliers on time, we request
the Government to direct banks to offer ‘ways and means’ advance to Corporates over and
above the normal working capital. This will be repaid over a period of 12-18 months once
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things return to normal. This will help us to facilitate the payment of salaries as well as
payment to the ecosystem. We request the loan facility to be extended without the backing
of current or fixed assets but by way of low interest credit. Without funding from banks, it
may not be viable to operate, hence urgent action will be a welcome move.
3. Supply Chain itself is a 3rd party service provider as they are mainly contractors to the
larger players, manufacturers and to the Government. Therefore, close coordination and daily
monitoring of the situation will be the need of the hour and it will be good to have a single
point of contact at the Government level to deal with.
4. Also, the State Governments can nominate/appoint 3-4 service providers in each state for
managing the warehouse and transportation operations and can allow them to supervise
the small operators. This will help smoothen the process as the Government can focus on
organising the basic amenities while the logistics support will also be taken care of.
CII will also liaise with each of its members and with other transporters associations to reach
out for support.
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Sectoral Recommendations:
Medical Technology
Amid reports of potential supply chain disruptions for critical medicines and active pharmaceutical
ingredients, it is becoming increasingly evident that novel Covid-19 outbreak may well lead to
supply disruptions in India for some commonly used medical devices like digital thermometers,
infrared thermometers, nebulizers, blood pressure monitors and glucometers.
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The problem is acute for both infrared and digital thermometers with companies and wholesale
distributors fast running out of stock. Infrared or non-contact forehead thermometers used at
public places and airports are fully imported (with no indigenous manufacture). For digital
thermometers, a few companies import electronic components from China, and assembly is
done here.
There is also a critical need to address the potential shortage of personal protective equipment
(PPE) endangering health workers. World Health Organisation (WHO) has called upon industry
and governments to increase manufacturing by 40 per cent to meet rising global demand
of these devices.
In addition to medical device manufacture and import related disruptions, the situation has
further impact on the cargo and logistics movements.
2. Transportation related disruptions:
• Inordinate delays in sea shipments: All lane routings that are via China, Taiwan, Hong
Kong, South Korea and Japan are impacted and several of our members are witnessing
delays in their sea shipments disrupting the supply chain.
• Impact on air shipments: There is also an impact on air shipments as cargo movement
from and/ or through countries that have put flight restrictions with India are getting
delayed. There is a substantial increase in air freight costs in last few weeks which is
further increasing inputs costs of domestic manufacturers.
• Regulatory registration submission related disruptions: Some of our members have
reported specific issues related to disruptions or potential disruptions in their registration
process for medical devices from Chinese manufacturing sites. While these are being
listed here, we have suggested to these members to take these up specifically with the
Central Drugs Standards Control Organization under the Ministry of Health and Family
Welfare for resolution.
• Delays in attestation/ legalization of documents: Some Chinese manufacturers have
submitted Power of Attorney for Indian Embassy attestation in China and are facing
delays.
• Delays in Notified Body Audits from affected countries such as Italy: Few members
had planned Notified Body Audits from Europe in this month however these are delayed
in light of the COVID-19 situation globally and measures need to be taken for resuming
the registration process.
The real impact on industry is likely to be visible only after April 2020. The local manufacturers’
capacities will need to be bolstered and these are likely to become reliable source amid
global shortages.
Recommendations
1. Fast tracked clearance of medical device and medical equipment stocks at ports of entry –
this will provide logistical support and help maintain adequate supplies in this critical time.
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2. Zero percent (0%) duty on import of critical medical devices and equipment and their
components, spares - Focus on personal protection equipment like masks, PP gowns and
critical care equipment such as ventilators, ICU equipment, etc.
3. Inclusion of Medical Devices (including medical electronics) in Interest Subvention Scheme
@ 5%.
4. Provide respite from Bank repayment obligations to medical technology manufacturers and
suppliers.
5. Zero percent (0%) duty on import of finished medical devices, components and raw materials
to prevent shortage and accelerate local production in this critical period.
6. Zero percent (0%) GST on hand sanitizers, masks and other essential personal protection
equipment for use by healthcare practitioners and general public for prevention of disease
spread.
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Sectoral Recommendations:
MSMEs and Digital Payments
Micro, small and medium enterprises MSMEs, which account for 97% of the total employment and
7 crore entities across India, in the context of COVID-19, are facing huge threat amid economic
slowdown and demand contraction. The sector is set to lose further steam as economic activities
have taken a hit, as a result of various steps aimed to control the COVID-19 outbreak such as
travel curbs, closure of malls, theatres and educational institutes, among others. The need of the
hour is to take appropriate measures to ensure safety of human lives while also adopting best
practices to mitigate the economic and business impact of the present pandemic.
Disruptions in cash flows, wage bills and payments, inventory management are some of the major
challenges that the MSME sector is facing currently as they are reliant on a single geography
or a single supplier for key products. The time to bounce back will depend on its sector, as
services sector may bounce back in a month or two, but the manufacturing sector will take 6 –
12 months to come back, that too if the MSME has been a sustainable or profitable unit. (The
time to bounce back for other sectors such as services and manufacturing will depend on the
sustainability and profitability of the MSME sector). Another related concern is the location of
the units of the buyer and the supplier in different states, which may cause significant losses for
the manufacturing and the supplying units.
First, on the import side, risks to key sectors, arising from supply chain disruptions, must be
minimised. Secondly, on the export side, opportunities must be leveraged in alternative destinations.
Thirdly, excess capacity must be leveraged to keep supply chains running to boost manufacturing.
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also get at least 75% of the awaiting settlement cleared within 30-60 days of accepting
the case on merits.
• The moratorium period for the new MSMEs and restructuring in manufacturing should
be extended by six months to ward off project and cost overruns.
• Additional ad-hoc sanction of working capital to the tune of 25% of the current
sanctioned limit is recommended. This will help the Industry to tide over the stress
caused by the inevitable build-up of unsold inventory which is going to accumulate
and allow it to release payments to the vendor eco system, which is almost entirely
built up by MSME Sector.
• Such additional working capital is to be repaid in three equal instalments from 1st
January 2021 to 31st March 2021.
• EMIs and interest on working capital be deferred till things normalize.
• Government to set up a special MSME Factor Fund, to enable MSMEs to discount their
bills to approved retailers in 15 days, and permit retailers to pay in 120 days which
would give MSMEs faster realization, while simultaneously giving retailers increased
credit. Interest charges above 45 days should be to the retailer’s accounts.
3. Filing of GST
• Monthly GST Returns (GSTR 3B) to be filed by 20th of each month should be extended
at least by a month for the period of Feb-March 2020 for MSMEs.
• Increase the threshold limit of GST compliance eligibility of firms to Rs.100 lakhs a
year turnover (from the current Rs.20 lakhs and Rs.40 lakhs) for both SME and service
sectors. This will help reduce the traffic at GST portal at the last date and enable
smooth digital usage for GST implementation.
• Providing a 60 days extension for payment of all taxes including Income Tax, GST, etc.
due in the months of March, April and May, may be considered
• For the year April 2020 to March 2021, either
Make GST payable after receipt of payment instead of raising invoice or
Allow some flexibility in the payment of GST dues.
Allow filing of return GSTR 3B on part payment of GST, as the turnover is already
recorded, and revenue safeguarded.
Reduce interest rate liability from 18 % to 3% or maximum to 6% on delayed
payment of GST on payment of tax after due dates.
Reduce interest rate liability from 24% to 6% on availing excess or inadmissible
input tax credit.
Waive penal provisions for delayed filing of returns for the entire next year.
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3. Welfare related
• The statutory compliance of compensating workers in case of a shutdown can be
handled through the Employee State Insurance Corporation (ESI) as all the relevant
details of workers are already available with ESI.
• Plan to support laid off workers till normal operations can resume.
• Explore Insurance cover or part financing wages for those laid off due to corona virus
(COVID-19) through ESIC or new Government schemes.
• Allow CSR funds to support payment of wages to laid off workers.
• ESIC to pick up loss of wages of non-working staff due to closure of operations caused
by corona outbreak instead of MSMEs having to pay with no work being received.
• CPSUs and Government Departments to ensure pay to all sundry creditors on due
date. This is to be monitored by the Ministry of Finance (MoF) with co-operation of
industries and other Ministries, and a website be set up for suppliers to list their over-
due and upcoming dues from Government citing POs, invoice details, date and amount
of payment due.
4. Suggested concessions for small traders
• All statutory due dates for payment & filing of returns to be postponed till 30th June
and Bank EMIs be also postponed to 30th June.
• Extended time period for GST related filings as are due in the next two quarters.
• Deducting "loss" from income (i.e. loss from 2020 from 2019 tax return) - merchants
will be able to deduct the loss from business activity during the corona virus crisis
from the income achieved in the next five years.
• COVID Loan Program for SMEs (without interest and no fee) – Can be MUDRA loans
with a relaxed tenure for repayment.
5. Others
• Government must provide a 15 days extension of financial year closing from 31st
March 2020 to 15th April 2020.
• Deadlines to be extended without penalty by at least 2 weeks for statutory tax payment
and for filing reports.
• Period of declaring NPAs by MSMEs which is currently 60 days, should be extended.
• Allowing of roll over of term loans, implementation of moratorium on EMIs for industrial
loans and faster tax refunds.
• Setting up of a monitoring portal where MSMEs can list delayed refunds, and MoF can
ensure quick disbursal.
• Monitor payment delays by CPSUs to MSMEs closely through a portal for complaints
and ensure necessary funds are provided and utilized for this purpose.
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• Allow banks to extend existing credit limits for MSMEs by 20% at branch level.
• Provide relief so that credit rating of brands and retailers is not adversely affected due
to delays in repayment of bank loans, interest, EMI, etc.
• No punitive action by NCLT for delays of repayments etc. till 31st December 2020.
• Provide a wage subsidy to MSMEs to the extent of 50%, especially in the manufacturing
sector, for all registered workers for a period of 9 months.
• Government can announce some incentives for all taxpayers of at least 1 month.
• Tax paid in a year can release support to retrenched taxpayers and equal amount
(average of tax paid in past 3 years / 12) on a monthly basis is suggested, till effect
is mitigated.
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Sectoral Recommendations:
Textiles and Apparel
The Indian Textiles and Apparel industry is facing severe ramifications because of COVID-19. The
overall domestic and export demand has collapsed. Most retail stores across the world have shut
down due to the virus. In turn, brands have put all orders on hold for the foreseeable future.
This could lead to an ~80% demand destruction over the next 30-45 days and a continued
impact for the remainder of the quarter. Such a demand destruction has a catastrophic impact on
companies across the value chain. The immediate crisis is in terms of liquidity. Since all orders
stand cancelled/paused, collections for all manufacturers have come to a halt. Most manufacturers
will be stuck with material payments from work in progress orders. To add to this, textiles and
apparel industry has extremely high fixed costs as it is very labour intensive. Labour costs vary
from 45-55% of the manufacturing cost in the textiles and apparel industry. With a significant
cut in revenues, companies will be forced to shed their fixed costs to survive, which will lead
to large job losses. Statutory payments like interest, GST, etc will further put pressure on the
balance sheets of all companies. Without immediate relief from the government, a large number
of companies could become NPAs.
CII has identified pertinent areas where with Government intervention, the sector will be better
equipped to tide through the current crisis. In the view of the above, following suggestions are
made:
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Sectoral Recommendations:
Tourism and Hospitality
Due to the present COVID-19 induced crisis, the travel & tourism sector is facing a lockdown
situation which is both unique and is the most challenged sector at this stage. With the shut
down and slow down expected to last for a period stretching from February till October, 2020
as the six months off season is also going to commence shortly after a compromised winter and
spring season, the industry will see cash flows only beginning to improve in November 2020 and
perhaps get to normal levels by end of 2020.
It is also expected that there could be a further delay in recovery if the leisure traveller's sentiments
for non-essential travel takes more time. Due to the fact that over 75% of the tourism & hospitality
sector is MSME or near MSME size, we are going to see more than half of the entire industry
go sick with possibly a loss of over 2 crore jobs.
The Indian hotel industry can be divided into branded/organized & unbranded/unorganized.
• There are about 140,000 organized rooms & about 2.6 million independent rooms in India.
That’s a 10%:90% split. Last year, the branded supply was close to 5 billion USD in annual
topline. The unbranded sector’s total revenue was likely to be about US$18 billion. Total
Revenue = 23 billion USD.
• Due to COVID-19, the hotels are likely to lose business from 6.2 billion USD (best case
scenario) to 14.7 billion USD (worst case scenario).
• The adventure tour operators, cruise and eco-tourism contribute INR 12,684 crore. They
are likely to lose INR 3804 crores (best case) to 10781 crores (worst case scenario).
• The expected job loss of the sector is more than 2 crores jobs.
The proposed actionable points will allow businesses to sustain their engagements while
simultaneously allowing the government to adhere to its fiscal responsibilities and mandates for
the fiscal year.
1. A six to nine months’ moratorium on all working capital principle, interest payments on loans
and overdrafts bringing in liquidity allowing for business continuity, without categorizing the
companies as NPAs.
As per RBI, Industry-wise Deployment of Gross Bank Credit is 45,000 crore as of January
2020. When compared to other major industries, this is a very small number, even smaller
than the debt exposure of single companies in some cases. Helping with a moratorium,
interest rate reduction and/or longer repayment schedules for these obligations can aid in
assisting/salvaging the entire industry.
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2. Short term interest free or low interest loans for rebuilding business and immediate transmission
to all industry segments viz., hotels, travel agents (online and offline), tour operators and
any other ancillary entity that is supporting the industry on term loans and working capital
loans. Besides, existing overdraft limits can be doubled for the industry and immediate
cash relief be given to avoid mass lay-offs of employees.
• For the branded hotels sector - Given the industry’s overall typical annual revenue
estimates and knowing that at least 35% of these revenues equate to fixed costs
(payroll included), the amount of working capital that could be needed is = 35% *
5 Billion USD = 1.75 billion USD or INR 13,000 crores.
• For travel agents, online travel agents and tour operators, assuming loss of revenue of
30 percent between Jan- March; 80 percent between April-June; 50 percent between
July-September and 25 percent between October-December, the additional working
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a level playing field and a chance to revive their business, it is recommended that
proposed TCS should be rolled back.
• Payments of other statutory liabilities by hotels and travels agents which should be
deferred are as given below:
TDS under income tax including salary TDS: INR 250 crores
PF and ESI deposit including employee contribution:
o Hotels: INR 799 crores
o Travel Agents and OTAs: INR 71 crores
o Adventure Eco and Cruise Travel Operators: INR 252 crores
4. Release following amendments on SEIS and EPCG schemes on an urgent basis:
The notified services be incentivized under SEIS at an enhanced rate of 10% based on the
company’s last year submissions of net foreign exchange earnings. The EPCG scheme allows
import of capital goods including spares for pre-production, production and post-production
at zero duty subject to an export obligation of six times of duty saved on capital goods
imported under the scheme, to be fulfilled in six years from authorization issue date. In
view of coronavirus impact, it is requested to consider grant of extension in export obligation
fulfillment period by an additional three years beyond 6 years for all the licenses expiring
during current and next 2 financial years, without attracting any penalty or interest.
• It may be noted that a relaxation of SEIS scheme will not add to the government
liabilities as SEIS income is on FOREX. However, such an incentive will give a positive
message to the industry at large.
5. Financial support like MGNREGA should be extended to entire travel industry in order to
prevent employment loss. A minimum support on this account from the government would
go a long way for businesses to avoid layoffs.
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Following is a list of licenses / permits / renewals that hotel must incur costs for, on an ongoing
basis:
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CII Recommendations and
Action Taken as on
23 March 2020
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Regulatory Compliances
CII is continually representing challenges / issues to the Government and Regulators in the wake
of the developing COVID-19 situation. Given the unprecedented times and situation globally, MCA,
SEBI, CCI, IBBI etc have been responsive and have granted certain relaxations from regulatory
compliances to industry. In addition, Hon’ble Courts/ Tribunals across the country have also
taken similar steps. CII has collated few of the key relaxations and measures which have been
introduced by the government1.
Spending CSR funds for COVID-19 is now eligible as CSR activity (MCA Circular attached)
On 23.03.2020, MCA vide its circular allowed companies to use their Corporate Social Responsibility
(CSR) spending on measures to fight COVID-19.
As per the Circular, in view of the spread of novel coronavirus in India and its declaration as
pandemic by the WHO, and decision of Government of India to treat this as notified disaster, it
is clarified that amount spend by companies on activities relating to COVID-19 will be eligible
as CSR activity.
It has further been clarified that funds may be spent for various activities related to COVID-19
relating to promotion of healthcare, including preventive health care and sanitation and disaster
management
Meetings through video conference - Directors not required to be physically present at Board
Meetings
As per rule 4 of the Companies (Meetings of Board and its Powers) Rules, 2014 read with the
Companies Act, 2013, the following matters cannot be dealt with in any meeting held through
video conferencing or other audio-visual means:
a. approval of annual financial statements
b. approval of the Board’s report
c. approval of the prospectus
d. audit committee meetings for consideration of financial statements; and
e. approvals relating to amalgamations, merger, demerger, acquisition and takeover.
On March 19, 2020, Ministry of Corporate Affairs amended the above rules, as per which, from
the date of the commencement of the Companies (Meetings of Board and its Powers) Amendment
Rules, 2020 till June 30, 2020, meetings on the above-mentioned matters may also be held
through video-conferencing or other audio visual means.
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on the website of the MCA (“Advisory”), stating that all companies/limited liability partnerships
(“LLPs”) are expected and ‘strongly advised’ to put in place an immediate plan to implement the
‘work from home’ policy (described below) as a temporary measure till March 31, 2020 after
which the position will be reviewed by appropriate authorities.
Further, MCA also informed that due to the present total lockdown imposed on transport and
people movement by Government, availability of MCA21 Voice and Ticketing Helpdesk services
have been severely impacted, and the same would not be available till further notice.
a. Under regulation 7(3) of the LODR, a listed entity is required to submit a certificate relating
to compliance with requirements pertaining to share transfer facility within 1 (one) month of
the end of each half of the financial year. For the financial year ending March 31, 2020,
the period for compliance with this requirement has been extended to May 31, 2020.
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b. Under regulation 13(3) of the LODR, a listed entity is required to file a statement of investor
complaints within 21 (twenty-one) days from the end of each quarter. For the quarter ending
March 31, 2020, the period for compliance with this requirement has been extended to
May 15, 2020.
c. Under regulation 24A of the LODR read with circular No CIR/CFD/CMD1/27/2019 dated
February 8, 2019, a listed entity is required to comply with the requirement of filing the
secretarial compliance report within 60 (sixty) days from the end of the financial year. For
the financial year ending March 31, 2020, the period for compliance with this requirement
has been extended to June 30, 2020.
d. Under regulation 27(2) of the LODR, a listed entity is required to submit the corporate
governance report within 15 (fifteen) days from the end of the quarter. For the quarter ending
March 31, 2020, the period for compliance with this requirement has been extended to
May 15, 2020.
e. Under regulation 31 of the LODR, a listed entity is required to submit its shareholding
pattern within 21 (twenty-one) days from the end of the quarter. For the quarter ending
March 31, 2020, the period for compliance with this requirement has been extended to
May 15, 2020.
f. Under regulation 33 of the LODR, a listed entity is required to submit financial results: (i)
within 45 (forty-five) days from the end of the quarter for quarterly results; and (ii) within
60 (sixty) days from the end of the financial year for annual financial results. For the
quarter/ financial year ending March 31, 2020, the period for compliance with the above
requirements has been extended to June 30, 2020.
In continuation of its earlier circular dated March 19, 2020, SEBI vide circular dated 23.03.2020
has given further relaxations to listed entities which have listed/ propose to list their Non-Convertible
Debentures (NCDs) / Non-convertible Redeemable Preference Shares (NCRPS) / Commercial Papers
due to the COVID-19 virus pandemics. Following are few relaxations in the timelines as notified
by SEBI:
a. Cutoff date for issuance of NCDs/NCRPs/CPs has been extended by 60 days i.e. upto May
31, 2020
b. Extension of timelines for filing under SEBI LODR are extended by 60 days i.e. upto June
30, 2020 for initial disclosure and for annual disclosure, timelines are extended by 45 days
upto June 30, 2020
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audit committee are required to ensure that they meet at least 4 (four) times a year, as stipulated
under regulations 17(2) and 18(2)(a) of the LODR.
SEBI notifies measures to curb ongoing market volatility owing to COVID-19 w.e.f.
23 March 2020
On 23th March, SEBI notifies regulatory measures pursuant to ongoing market volatility which
shall take effect from the beginning of trading on March 23, 2020 and will be in effect for a
period of 1 month:
• It apprised that in light of the continued abnormally high volatility in the market, appropriate
measures were discussed with Stock Exchanges, Clearing Corporations and Depositories, with
the objective of ensuring orderly trading and settlement, effective risk management, price
discovery and maintenance of market integrity;
• It inter alia revised the Market Wide Position Limit (‘MWPL’) to 50% of the existing levels for
stocks in F&O segment meeting the specified criteria, clarified that the said revised MWPL
shall be for the purpose of introducing ban period on fresh positions and not for determining
the enhanced eligibility criteria for derivatives stocks;
• Further, it revised position limits in equity index derivatives (futures and options) in which
Mutual Funds / FPIs / Trading Members (Proprietary) / Clients may take exposure;
• A phased manner has been laid down in which minimum margin rate shall be increased
for stocks with price band of 20% and witnessing an intraday (high-low) price movement
of more than 10% for 3 or more days in last 1 month;
• The dynamic price bands may be flexed only after a cooling-off period of 15 minutes from
the time of meeting the existing criteria specified by stock exchanges for flexing;
• Also, it stated that stock exchanges / clearing corporations will issue necessary instructions
to market participants in this regard, and specifies that SEBI and stock exchanges will
continuously monitor the market developments and review the position to take any further
actions as may be required:
Supreme Court: Supreme Court announced to hear all cases through video
conferencing from 23 March 2020
The Apex Court has announced that it shall hear all the cases through video conferencing from
23 March, to avoid a complete shutdown of the legal system. The judges will sit in the court
room while the advocates will be appearing and make arguments for the cases through a separate
monitoring room in the court premises. It is further notified that the limited number of benches,
that are functioning to hear urgent cases, shall hear them via Video Conferencing.
Only urgent matters to be heard; Only one litigant and lawyers permitted
The Secretary General of the Supreme Court issued a notification on March 13, 2020 directing
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that the functioning of the Supreme Court from March 16, 2020 shall be restricted to urgent
matters with such number of benches as may be found appropriate. The lawyers who are going
to act in the matter, i.e. either for arguments or for making oral submissions or to assist will be
permitted in the court room along with 1 (one) litigant only.
NCLAT: Adjournments for matters listed between March 21, 2020 to April 1,
2020, only urgent matters to be heard, Filing counters closed
On March 20, 2020, the Registrar, National Company Law Appellate Tribunal (“NCLAT”) issued
a directive listing out, inter alia, the following measures:
a. With effect from March 21, 2020 till April 1, 2020 only urgent matters will be listed for
admission. Urgent matters may only be listed upon mentioning of the same before the bench
constituted for hearing urgent matters, which bench which would sit on March 25, 2020
and April 1, 2020.
b. Matters listed for hearing during the aforesaid period will be adjourned and the date of
hearing would be notified later.
c. Interim order/stay order passed in the pending matters would continue till the next date of
hearing.
d. Filing counter will remain closed from March 21, 2020 till April 1, 2020.
Earlier NCLT announced adjournments for matters listed between March 16, 2020
to 27 March 2020, only urgent matters to be heard, Filing counters closed
On March 15, 2020, the Registrar, National Company Law Tribunal (“NCLT”) issued a directive
listing out, inter alia, the following measures:
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a. All benches of the NCLT are required to take up only those matters which require urgent
hearing on a request made by the concerned parties.
b. Adjournments would be granted on all matters other than those specified above from March
16, 2020 to March 27, 2020 for which presence of counsels, and parties was not required.
c. All counsels were advised to restrict their presence only to the extent required.
On March 19, 2020, the Registrar of NCLT also issued a notice directing the closure of the filing
counters of all the NCLT benches till March 27, 2020. If there is a ‘limitation issue’, matters may
be filed online at the Delhi, Mumbai, Hyderabad, Amaravati and Jaipur benches, hard copies of
which could be filed upon reopening of the filing counters. Other than matters which are likely to
be hit by limitation, it has been directed that filings may be postponed until the filing counters
were re-opened. For NCLT benches other than Delhi, Mumbai, Hyderabad, Amaravati and Jaipur,
applications in matters which are possibly hit by a limitation issue may be filed (without annexures)
by way of emails to the Registrars of the respective benches.
The matters listed during this period will now be listed in April. The Tribunal and Office of Registry
shall function from 01st April 2020 until further order. In case of urgent matters, parties may
contact the Registrar who in turn will place the matter before the Hon’ble Presiding Officers/
members for appropriate orders.
CCI: Adjourns all matters listed for hearing till March 31 due to coronavirus
On 23.03.2020, CCI has vide its notice announced that following shall remain suspended until
31st March, 2020
a) All filings in relation to Section 3 and Section 4 of the Competition Act, 2002
b) All notifications in relation to combination under Section 6 and 20 of the Act;
c) All other filings, submissions and proceedings under the Act and regulations made thereunder,
including those before the Director General and
d) Pre-filing Consultation
Earlier, CCI vide its Circular dated 17th March 2020, has adjourned matters listed from hearing
(excluding urgent matters, if any) till March 31, 2020.
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“A doubt has arisen if the disruption of the supply chains due to spread of corona virus in China
or any other country will be covered in Force Majeure Clause (FMC). In this regard it is clarified
that it should be considered as a case of natural calamity and FMC may be invoked, wherever
considered appropriate, following the due procedure.”
Given the supply chain disruption caused by the Covid-19 pandemic, performances under many
contracts will be delayed, interrupted, or even cancelled. Companies may not be able to perform
their obligations under their customer agreements because of their suppliers’ non-performance.
Taking the base of above office memorandum, companies may be suggested to expressly include
Force Majeure clause in their contracts to include extraordinary events or circumstances beyond
the control of parties.
Extension of Limitation
The Supreme Court has taken suo motu cognizance of the situation and resultant difficulties that
may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all
other proceedings within the period of limitation prescribed under the general law of limitation or
under Special Laws (both Central and/or State).
To obviate difficulties and to ensure that lawyers/litigants do not have to come physically to file
such proceedings in respective Courts/Tribunals across the country including the Supreme Court, it
has been ordered that a period of limitation in all such proceedings, irrespective of the limitation
prescribed under the general law or Special Laws whether condonable or not shall stand extended
w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.
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Monetary measures
Issues and Recommendations Government / Regulators Partial or Fully accepted
Announcements
1. Reserve Bank of India also has
a critical role to play in ensuring
provision of adequate liquidity.
In this regard, the following
measures are suggested:
(i). Immediate reduction in repo
rate by a minimum 50 bps.
(ii). Reduce Cash Reserve Ratio
by 50 basis points.
2. Change definition of NPA
recognition from 90 days to
180 days till September 30.
3 Corporates are facing severe
cash flow issues, to tide over
them, the following measures
are recommended:
(i). Announce a blanket
moratorium on debt repayments
for sixty days months. This will
help the corporates to tide over
their immediate cash flow issues.
4. The lending norms of banks
should be relaxed, so that
corporates can access greater
line of credit for working
capital. In this regard, following
measures are suggested:
(i). Relax Aggregate Sanctioned
Credit Limit (ASCL) norms for
corporates/banks for FY 20
till further notice or exclusion
of up to 25% of incremental
borrowing from banking sector
in ASCL computation.
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4. Pr e f e r e n c e f o r i m p o r t e d
APIs due to significant cost
differential. In order to mitigate
this, we suggest the following:
(i). Give preference to
formulations produced by
indigenous API & intermediates
in govt procurements.
(ii). Take these formulations out
of price control for five years to
trigger new investments.
5. Lack of R&D/innovation to
develop APIs/intermediates
indigenously. To circumvent
this problem, we suggest the
following:
(i). Give incentives such as
getting at-least 300% tax
advantage for incurring
expenditure on R&D & capex
on developing new products.
(ii). Facilitate stronger industry-
academia relations for
developing new technologies.
6. High cost of exporting APIs &
Intermediates due to cascading
effect of local taxes & duties.
Hence, we suggest the following
measures:
(i). Extend reimbursement to
the tune of 5% of exports
turnover under Reimbursement
of Duties and Taxes for Export
Promotion (RoDTEP).
(ii). Extend EPCG type scheme
to technology up-gradation &
EHS related up-gradation.
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Sector: MSME
Issues and Recommendations Government / Regulators Partial or Fully accepted
Announcements
1. The sector is likely to face
immense pressure in wage
payments.
Create a corpus for supporting
MSMEs to tide over the crisis
for wage payable during the
shutdown period.
2. To overcome the Cash Flow
and Working Capital challenges
the government may consider
the following:
(i). Defer all term liabilities by
banks without levy of penal
interest for minimum 6 months.
(ii). Extend NPA norms in
genuine cases 180 days from
present 90 days.
(iii). Allow routine defaults /
delay in retiring LCs, if any,
with an extension of 3-7 days
by banks.
(iv). No penal action for delays
in discharging social security
liabilities for next 6 months.
(v). Allow ad-hoc limits to an
extent of 25% of sanctioned
limits by banks on SOS basis.
(vi). Release payment of MSME
vendors out of turn against
some reasonable discount
if required by the PSUs,
govt departments and large
companies.
(vii). GST Council to allow
deferment of GST deposit by
MSMEs with minimum one-
month lag.
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Sector: E-Commerce
Issues and Recommendations Government / Regulators Partial or Fully accepted
Announcements
1. E-commerce sector is playing
and will continue to play
a crucial role over the next
few weeks, given its role
in providing buyers doorstep
access to daily necessities.
Hence, it is recommended that:
E-commerce shipments and
deliveries be treated as an
essential activity, which may
be exempted from any travel/
transport restrictions.
Sector: Food processing
Issues and Recommendation Government / Regulators Partial or Fully accepted
Announcements
1. In th e present times o f
lockdowns and quarantines,
the supply of consumer items
in the markets need to be
secured. Hence, our ask is the
following:
(i). Exempt any executive order
or section 144 restrictions for
the manufacturing facilities and
food delivery services under an
essential business exemption.
(ii). Keep retail and wholesale
stores selling essential /basic
commodities and fresh items
outside the purview of these
executive orders of lockdown.
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13. Fo l l o w i n g m e a s u r e s a r e
suggested with respect to
GST payments to tide over the
current crisis:
(i). Dispense the requirement of
mandatory GST registration for
supplies through E-commerce.
(ii). Dispense requirement of
mandatory GST registration
under causal taxable person
and non-resident persons for
supplies through exhibitions.
(iii). Extend the option of issue
of consolidated Bill/invoice at
the end of the day to all retailer
supplies.
(iv). Simplify the format of
return for filing of consolidated
Supplies.
(v). Extend the threshold
exemption of 40 lakhs for
interstate supplies as well.
(vi). Waive penalty for delay
in payment of taxes/filing of
returns during the impacted
period.
(vii). Grant extension of the due
dates of filing various returns.
( v i i i ) . Re l a x E - w a y B i l l
requirement for supplies form
B to retailers
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The Confederation of Indian Industry (CII) works to create and sustain an environment
conducive to the development of India, partnering industry, Government, and civil
society, through advisory and consultative processes.
CII charts change by working closely with Government on policy issues, interfacing with
thought leaders, and enhancing efficiency, competitiveness and business opportunities
for industry through a range of specialized services and strategic global linkages. It also
provides a platform for consensus-building and networking on key issues.
Extending its agenda beyond business, CII assists industry to identify and execute corporate
citizenship programmes. Partnerships with civil society organizations carry forward
corporate initiatives for integrated and inclusive development across diverse domains
including affirmative action, healthcare, education, livelihood, diversity management,
skill development, empowerment of women, and water, to name a few.
India is now set to become a US$ 5 trillion economy in the next five years and Indian
industry will remain the principal growth engine for achieving this target. With the
theme for 2019-20 as ‘Competitiveness of India Inc - India@75: Forging Ahead’, CII
will focus on five priority areas which would enable the country to stay on a solid
growth track. These are - employment generation, rural-urban connect, energy security,
environmental sustainability and governance.
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