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How can a GPU cloud (neocloud) enter India?

Last updated

Colocation is fastest: with liquid-cooled space ready, first GPUs can go live in weeks to a few months (our estimate). In our reading, CERT-In rules apply from day one, including 6-hour reporting of cyber incidents (since 2022). The 2047 tax exemption probably does not fit a GPU cloud that owns its GPUs; this is general information, not legal or tax advice.

Key facts

  • In our reading, CERT-In's directions, which name data centres and cloud providers, require cyber incidents to be reported within 6 hours and logs to be kept in India for 180 days.

    As of Oct 2026 (in force since 28 Apr 2022). CERT-In

  • The DPDP Rules were notified in Nov 2025. Consent-manager provisions start on 13 Nov 2026 and most other duties on 13 May 2027.

    As of Nov 2025. PIB / MeitY

  • India is in US Country Group A:5. A US licence is still needed for customers headquartered in, or owned from, China, Macau or another D:5 country, and the US suspension of its affiliates rule ends on 9 Nov 2026 unless extended.

    As of Oct 2026 (BIS guidance of 31 May 2026). US BIS; Federal Register

  • In our reading, the 2047 data centre tax exemption (Income-tax Act 2025, Schedule IV, item 13C) applies only if the foreign company does not own or operate any of the data centre's physical infrastructure or resources and sells to users in India through an Indian reseller company. Parliament passed amendments on 10 Aug 2026; we could not confirm assent or rules.

    As of Oct 2026 (amendments passed 10 Aug 2026). PRS Legislative Research / Lok Sabha

  • IndiaAI's reference on-demand rate for an 8-GPU H100 SXM instance is ₹153 (US$1.61) per GPU-hour. It is open only to eligible users (startups, researchers, academia and government), who can get up to 40% off.

    As of 13 Mar 2026. IndiaAI / MeitY (Ready Reckoner)

General information, not legal or tax advice. Confirm each point with Indian counsel and a chartered accountant.

Rupee to dollar conversions use ₹95.25 per US$ (FBIL reference rate, 13 Oct 2026).

Terms used on this page (12)
Neocloud
A cloud company built mainly to rent out GPU compute for AI, as opposed to a general-purpose hyperscaler.
Colocation
Renting space, power and cooling in someone else's data centre for your own servers.
Powered shell, white space
A powered shell is a building with grid power but no fit-out. White space is the finished hall floor where racks stand.
Energisation, sanctioned load
Energisation is when the utility actually switches power on. Sanctioned load is the maximum power it has approved for the connection.
ASN (AS number)
Autonomous System Number: the identifier a network needs to exchange traffic directly with other networks.
CERT-In
India's national cyber-security agency. Its 2022 directions set incident-reporting and log-keeping rules.
DPDP, significant data fiduciary
The Digital Personal Data Protection Act 2023 and its 2025 Rules, India's privacy law. A significant data fiduciary is a large or sensitive data handler the government designates for extra duties.
MeitY, empanelment, STQC
MeitY is the Ministry of Electronics and IT. Empanelment is its approved list of cloud providers for government work, after an audit by STQC, its testing body.
IFSC, GIFT City
The International Financial Services Centre at GIFT City, Gandhinagar, which has its own tax and regulatory regime.
Lakh, crore
1 lakh is 100,000 and 1 crore is 10 million. ₹1 lakh crore is ₹1 trillion, about US$10.5bn at ₹95.25 per US$.
Capex
Capital expenditure: money spent on buildings and equipment, as opposed to running costs.
Country Group A:5, D:5
Groups of countries in the US export rules. India is in Group A:5 and in no D group. A US licence for advanced AI chips is needed for customers headquartered in China, Macau or another D:5 country.

Entry models, rules, prices and a checklist

India is open to foreign GPU clouds. The hard parts are a power-ready, liquid-cooled hall, the compliance set-up, and pricing against a subsidised government benchmark.

This is a practical overview, not legal or tax advice. Confirm each point with Indian counsel and a chartered accountant.

What this means for a GPU cloud

Start in colocation with energised, liquid-cooled space, keep Indian personal data in India from day one, screen every customer for US export rules, and do not build your plan around the 2047 tax exemption if you will own your GPUs in India.

Ways to enter

Entry modelWhat it isTime to first GPUs live (our estimate)CommitmentBest forMain risks
Colocation in an existing DCLease racks, a cage or a suite from an Indian operatorWeeks to a few months, if liquid-cooled high-density space existsLow capex; 3 to 5 year terms are common (our estimate)First footprint, inference, proving demandScarce 100 kW+ per rack space; slower expansion
Powered shellOperator delivers a building with grid power; you fit out cooling and white spaceAbout 6 to 12 months after handoverFit-out capex plus a shell leaseCustom liquid or immersion cooling at moderate scaleFit-out execution; local contractor depth
Build-to-suitDeveloper builds a hall or building to your spec on a long leaseAbout 18 to 30 monthsLong lease, often 10 to 15 years (our estimate)Large committed training clustersCommitment before demand is proven; grid delays
Partner or consortium with an Indian operator or telcoRevenue share, white label, JV or joint bidFast, if the partner has capacityLow to medium; margin sharedGovernment and regulated customers without your own empanelmentDependency; customer ownership terms
GIFT City (IFSC) unitSet up in the international financial services centre at GandhinagarDepends on local capacity, which is smallIFSC registrationServing IFSC banks, funds and fintechsWhether a GPU cloud qualifies as an IFSC unit is not confirmed
Export cloud using Indian DC services (2047 tax exemption)A foreign company serves customers using data centre services bought from a data centre run by an Indian companyAs per the underlying DCTwo-entity structureGlobal AI firms exporting compute from IndiaThe foreign company must not own or operate any of the DC's physical infrastructure or resources; Indian sales go through an Indian reseller; Aug 2026 amendments not confirmed in force

Timelines and lease terms are FlexiCloud planning estimates, not sourced statistics. Tax route conditions from the Income-tax Act 2025, Schedule IV item 13C (added by the Finance Act 2026), as amended by the Taxation and Other Laws (Amendment) Bill 2026, passed by Parliament on 10 Aug 2026.

Rules that apply to a GPU cloud

RuleWhat it requiresApplies to you?Status
CERT-In (India's national cyber-security agency) directionsReport cyber incidents within 6 hours; keep logs for 180 days in India; sync clocks to Indian time servers; keep verified customer records for 5 yearsIn our reading, yes: the directions name data centres and cloud providersIn force since 2022
DPDP (Digital Personal Data Protection) Act and RulesNotices, consent, breach reporting, answer requests within 90 days; possible localisation for significant data fiduciariesYes: as a processor through contracts, and for your own customer and staff dataRules notified Nov 2025; consent-manager provisions from 13 Nov 2026; most other duties from 13 May 2027
RBI payment dataPayment data stored only in IndiaIf you serve payments customersSince 6 Apr 2018
SEBI cloud frameworkData stays in India; only MeitY-empanelled, STQC-audited cloud providersIf you serve brokers, fund houses or exchangesSince 6 Mar 2023
MeitY cloud empanelmentSTQC audit of your offering and Indian data centresNeeded for government and SEBI-regulated workOngoing; current round not checked
Telecom authorisationNeeded to sell connectivityIn our reading, not for selling compute alone; confirm with Indian telecom counselNew rules dated 23 Jun 2026
US export controlsLicence for customers headquartered in, or owned from, China, Macau or other D:5 countries; end-use, end-user and Entity List checks always applyYes: screen every customer's ultimate parent, end use and end userBIS guidance 31 May 2026; India itself is in Country Group A:5
Foreign investmentGenerally permitted under the automatic route, except where Press Note 3 applies: government approval if a beneficial owner is in a country bordering IndiaYes, at set-upPress Note 3 of 2020 (confirm the sector entry with Indian counsel)

IndiaAI reference GPU prices (on-demand)

Instance₹ per GPU-hourUS$ per GPU-hour
H100 SXM, 8 GPUs153.001.61
H200 SXM, 8 GPUs140.631.48
B200 SXM, 8 GPUs323.003.39
A100 80GB, 8 GPUs135.901.43
MI300X, 8 GPUs177.071.86
L40S, 1 GPU67.500.71

IndiaAI Ready Reckoner, rates dated 13 Mar 2026; available only to eligible users of the IndiaAI portal (startups, researchers, academia, government). Eligible users can get up to 40% off. As of 2 Sep 2026, 14 empanelled bidders offered 45,081 accelerators. These rates anchor price expectations for the subsidised segment.

State incentives we verified

StatePolicyWho qualifiesMain incentives
Tamil NaduData Centre Policy 2021 (G.O. 33, 23 Nov 2021)₹500 crore (US$52.5m) or more of fixed assets; at least 30% renewable energy for power incentivesIndustrial power tariff; 5-year electricity tax waiver; concessional open access; dual grid at 50 MW or more; single window
Uttar Pradesh: parksData Centre Policy 2026 (notified 9 Jul 2026)Parks of 40 MW or more60% interest subsidy for 7 years (up to ₹50 crore); land subsidy 25 to 50%; stamp duty waiver; wheeling waivers of 50 to 100% for 25 years; extra support for GPU-heavy sites
Uttar Pradesh: unitsSame policyUnits of 2 to 40 MW; edge networks7% capital subsidy (up to ₹20 crore); 10-year electricity duty exemption; extra support for GPU-heavy sites
Maharashtra, Telangana, Andhra Pradesh, Karnataka, GujaratDedicated DC or IT policiesVariesNot re-verified for this update; check the current policy before investing

Eleven states had data centre policies in force as of Sep 2026 (Cushman & Wakefield / Invest India). Incentives usually need approval before you invest. Power tariffs and categories by state are on the power, build and rent costs page. This is general information, not legal advice.

Checklist before you commit

#CheckWhy it matters
1Pick the structure: Indian subsidiary, or offshore parent plus Indian resellerDecides GST registration, tax and contracting
2Screen investors under Press Note 3Investors from bordering countries need government approval
3Screen customers for US export rulesAny customer owned from China, Macau or another D:5 country needs a licence
4Plan imports: HSN codes, IGST and input tax credit (rates typical; confirm with your CA), customs brokerGPUs stuck at customs cost money every day
5Site check: kW per rack, liquid cooling, dual grid, energisation date in writingAir-cooled halls cannot host Blackwell-class racks
6Power: tariff category, green open access, group captiveEnergy is the biggest running cost
7Apply for state incentives before investingMost need prior approval and minimum investment
8CERT-In readiness: 6-hour reporting, logs in India, customer KYCApplies to you directly
9DPDP readiness: data processing agreements, breach runbookCustomers will pass these duties to you
10Decide on MeitY empanelment or a partnerRequired for government and SEBI-regulated customers
11Decide your IndiaAI stance: bid, partner or stay outIndiaAI prices set expectations for startups and academia
12Connectivity: neutral site, two carriers, two exchanges, own ASNIn our reading, compute needs no telecom licence; selling bandwidth does
13Billing: GSTIN, GST invoices (18% is typical for cloud services; confirm with your CA), e-invoicing, TDS, INR price listIndian buyers expect INR GST invoices
14People: local NOC, remote hands, named compliance ownersLiquid cooling and fabric skills are scarce

For checks 5, 6 and 12, see operators and live capacity, power, build and rent costs and connectivity and latency; for cable route diversity, see subsea cables.

Common mistakes

  • Assuming an air-cooled hall can host 100 kW+ racks.
  • Trusting a grid energisation date that is not in the contract.
  • Pricing in US$ when Indian buyers need INR invoices with GST.
  • Ignoring the IndiaAI price anchor when selling to startups and academia.
  • One carrier, one route, one on-ramp.

The 2047 tax exemption probably does not fit a neocloud that owns its GPUs in India

The Finance Act 2026 put it in the Income-tax Act 2025 (Schedule IV, item 13C). An amending Bill passed by Parliament on 10 Aug 2026 drops the notification steps and lets the Indian company lease the data centre; we could not confirm assent or the rules. Take advice from an Indian chartered accountant or tax counsel. To qualify, the foreign company must:

  • not own or operate any of the data centre's physical infrastructure or resources
  • sell to users in India only through a reseller that is an Indian company
  • buy its data centre services from a data centre run by an Indian company

Export controls can change fast

As of October 2026, exports of advanced NVIDIA GPUs to most Indian customers generally do not need a US licence, subject to end-use, end-user and ownership screening. The US suspension of its affiliates rule ends on 9 Nov 2026 unless extended, which could tighten ownership screening. Confirm with US export-control counsel before each order.

Want this checked for your own site, power contract or launch plan? See DC advisory.

Sources for this section (16)
  1. Ministry of Finance. Budget 2026-27 speech, paras 130-131. 1 Feb 2026
  2. Ministry of Finance. Finance Bill 2026, Schedule IV item 13C. 1 Feb 2026
  3. Lok Sabha (via PRS). Taxation and Other Laws (Amendment) Bill 2026, Bill No. 150 of 2026, with extract of Schedule IV item 13C as in force. 4 Aug 2026
  4. PRS Legislative Research. Taxation and Other Laws (Amendment) Bill 2026: passed Lok Sabha 6 Aug, Rajya Sabha 10 Aug 2026. 10 Aug 2026
  5. CERT-In. Directions under section 70B(6) of the IT Act. 28 Apr 2022
  6. PIB / MeitY. Government notifies DPDP Rules. 14 Nov 2025
  7. RBI. Storage of payment system data. 6 Apr 2018
  8. SEBI. Framework for adoption of cloud services by SEBI regulated entities. 6 Mar 2023
  9. US BIS. Guidance on licence requirements for entities headquartered in D:5 and Macau. 31 May 2026
  10. Federal Register / BIS. Enhanced favorable treatment for the UAE under the EAR (91 FR 43034). 14 Jul 2026
  11. Federal Register / BIS. One-year suspension of the affiliates rule. 12 Nov 2025
  12. IndiaAI / MeitY. Ready Reckoner for compute users. 13 Mar 2026
  13. IndiaAI / MeitY. Empanelled GPUs. 2 Sept 2026
  14. Government of Tamil Nadu. Tamil Nadu Data Centre Policy 2021. 23 Nov 2021
  15. Invest UP. Uttar Pradesh Data Centre Policy 2026. 9 Jul 2026
  16. PIB. Review of FDI policy (Press Note 3 of 2020). 18 Apr 2020

Neocloud entry guide

Frequently asked questions

  • Colocation: lease racks, a cage or a suite in an existing Indian data centre. If liquid-cooled, high-density space is available, first GPUs can be live in weeks to a few months, against about 6 to 12 months after handover for a powered shell and about 18 to 30 months for build-to-suit (FlexiCloud estimates, Oct 2026). The catch is that space for 100 kW+ racks is scarce, so get the grid energisation date in writing.

  • In our reading, CERT-In's 2022 directions apply from day one: report incidents within 6 hours, keep logs in India for 180 days and keep verified customer records for 5 years. The DPDP Rules, notified in Nov 2025, bring consent-manager provisions from 13 Nov 2026 and most other duties from 13 May 2027. Serving payments firms means keeping their payment data in India (RBI, since 2018); SEBI-regulated firms need their data kept in India (since 2023), and SEBI work also needs MeitY empanelment. This is general information, not legal advice; confirm each point with Indian counsel.

  • Generally no, as of October 2026: India is in US Country Group A:5, so most Indian customers need no US licence for advanced NVIDIA GPUs. A licence is needed for any customer headquartered in, or ultimately owned from, China, Macau or another D:5 country (BIS guidance, 31 May 2026), and end-use, end-user and Entity List checks always apply. The US suspension of its affiliates rule ends on 9 Nov 2026 unless extended, which could tighten ownership screening. This is general information, not legal advice; confirm with US export-control counsel before each order.

  • Probably not. The exemption (Income-tax Act 2025, Schedule IV, item 13C, added by the Finance Act 2026) requires the foreign company not to own or operate any of the data centre's physical infrastructure or resources, to sell to users in India only through an Indian reseller company, and to buy its data centre services from a data centre run by an Indian company. Parliament passed amendments on 10 Aug 2026, but as of Oct 2026 we could not confirm assent or the rules. This is general information, not tax or legal advice; confirm with an Indian chartered accountant or tax counsel.

  • IndiaAI's reference on-demand rates (13 Mar 2026) on 8-GPU SXM instances are ₹153 (US$1.61) per GPU-hour for H100, ₹140.63 (US$1.48) for H200 and ₹323 (US$3.39) for B200. Only eligible users (startups, researchers, academia and government) can use them, and they can get up to 40% off. As of 2 Sep 2026, 14 empanelled bidders offered 45,081 accelerators, and these rates set price expectations for startups and academia. Decide early whether to bid, partner or stay out.

  • Eleven states had data centre policies in force as of Sep 2026 (Cushman & Wakefield / Invest India). We verified two: Tamil Nadu's 2021 policy offers an industrial power tariff and a 5-year electricity tax waiver for ₹500 crore (US$52.5m) or more of fixed assets, with at least 30% renewable energy for the power incentives, and Uttar Pradesh's 2026 policy (notified 9 Jul 2026) offers units of 2 to 40 MW a 7% capital subsidy of up to ₹20 crore. Most incentives need approval before you invest, so apply first and check the current policy in other states. This is general information, not legal advice.

FlexiCloud DC advisory

Entering India? We help GPU clouds go from first question to racked GPUs

FlexiCloud sources dedicated NVIDIA GPU nodes across more than 10 partner providers in India, the EU and the US. That puts us in regular contact with Indian data centre operators, carriers and GPU buyers.

We use that network to help neoclouds, AI labs and cloud providers enter India with fewer surprises: the right site, power you can count on, a clear compliance path and customers to talk to.

Who this is for

GPU cloud companies, AI labs and cloud providers planning anything from a few racks to tens of MW in India.

What we help with

  • Site and DC partner selection

    Shortlist campuses by city, rack density, liquid cooling, energisation date and carrier neutrality; arrange site visits; run the RFP

    You getA comparison of offers on the terms that matter for GPUs, not just price per kW

  • Power and connectivity

    Check sanctioned load and energisation evidence, tariff category and green power options; map carriers, exchanges, cloud on-ramps and subsea path diversity; collect cross-connect quotes

    You getA power and network plan you can put into the contract

  • Regulatory and compliance path

    Map entity structure, foreign investment, CERT-In, DPDP, MeitY empanelment, telecom and US export-control screening, and the 2047 data centre tax route, working with your Indian legal and tax advisers

    You getA compliance checklist with owners and dates, for your Indian counsel to confirm

  • GPU supply

    Source B200, B300 and other NVIDIA nodes through our provider network, including interim capacity while your own build comes online

    You getCapacity on a timeline that matches your launch

  • Introductions to Indian customers

    Introduce you to AI startups, enterprises and labs in our network that are looking for GPU capacity

    You getWarm conversations with buyers. Introductions, not guaranteed demand

  • Commercial terms review

    Review colocation, power and carrier offers for the terms that bite later: ramp schedule, power pass-through, energisation penalties, SLA credits, expansion rights and exit

    You getA list of terms to fix before you sign, for your counsel to finalise

How it works

  1. 01

    Call

    A short call to understand your workload, MW or GPU count, timeline and target customers

  2. 02

    Brief

    We agree scope and terms in writing before any work starts

  3. 03

    Shortlist

    Sites, power and network options, with site visits

  4. 04

    Negotiate

    Support on commercial and technical terms with operators and carriers

  5. 05

    Launch

    Help with GPU supply, compliance set-up and first customer introductions

What to expect from us

  • We do not own data centres, so we have no site of our own to sell you.
  • How we are paid: GPU providers in our network pay us a commission when we place capacity with them, and a data centre operator or carrier may pay us a referral fee. If any party we recommend will pay us, we tell you in writing before you sign.
  • We are not a law firm or tax adviser; we work alongside yours.
  • We will tell you when a site, a timeline or a price does not hold up.

Planning capacity in India?

Tell us your GPU count or MW, preferred cities and timeline. We will come back with a first view of options.

More from the India data centre guide

  • Power, build and rent costs

    Grid power in India is mid-priced, building is cheap and colocation rent is low by global standards. See FY2026-27 state power tariffs, build cost per MW and city colocation rents, set against Singapore, Europe, the US and other Asian markets.

  • Subsea cables

    About 15 international cables are live in India, mainly landing in Mumbai and Chennai, and 5 more are planned (Oct 2026). See every live and upcoming cable, landing stations by city, repair times and what it means for choosing a data centre site.

  • Connectivity and latency

    Where India's networks meet, what an internet exchange port costs, which buildings host AWS, Azure, Google Cloud and Oracle on-ramps, and typical latency between cities. Mumbai leads: DE-CIX had 451 networks there on 14 Oct 2026.

Capacity is being built. Choosing where to run still matters.

More supply means more choice of site, region and provider, not less need for someone to help you pick. Whether you are planning your own capacity in India or need GPUs now, we deal with the operators and providers so you do not have to.

GPU capacity

Need B300 or B200 capacity?

Tell us your GPU count, term and region. We source the best-fit nodes across our provider network in India, the EU and the US, and confirm availability and lead time for your region before you order.