WORKSHOP BY ACCOUNTING AND AUDITING COMMITTEE
On 6th September, 2019, the Accounting and Auditing Committee organised a full-day workshop on ‘Changes Relevant for Preparation of Financial Statements and Audit Reporting thereon for 2018-19’ (with focus on private limited companies and public companies other than to whom Ind AS applies). The workshop, held at the BCAS Conference Hall, began with opening remarks by President Manish Sampat. He was followed by Accounting and Auditing Committee Chairman Himanshu Kishnadwala who briefed the participants on the need for the workshop and the relevance of the topics selected.
The following topics were taken up at the workshop by the various speakers:
(i) Audit of SMEs – Some important aspects: Nikhil Patel;
(ii) Important provisions of the Companies Act, 2013 (as relevant for audit of financial statements for the F.Y. 2018-19): Paresh Clerk;
(iii) Critical FRRB observations on financial statements and audit reporting (with focus on items applicable to private limited companies for 2018-19): Abhay Mehta;
(iv) Audit reporting requirements (including CARO and ICFR reporting; with focus on audit of private limited companies): Zubin Billimoria.
Nikhil Patel, who set the ball rolling, highlighted the important aspects involved in the audit of SMEs. He took up various case studies regarding rotation of auditors, applicability of Ind AS and important aspects of the existing Accounting Standards as applicable to SMEs and recent changes in disclosure requirements of Schedule III and their impact on financial statements.
Taking up the second session, Paresh Clerk dealt with important provisions of the Companies Act, 2013 as relevant for the audit of financial statements for the financial year 2018-19. He discussed the interplay between various definitions under the Companies Act, 2013 and those under the relevant Accounting Standards. He also covered important sections of the Companies Act, 2013 which included deposit rules, managerial remuneration, loans to directors, dividend and CSR (Corporate Social Responsibility) which are relevant for the financial year 2018-19.
In the penultimate session, Abhay Mehta took the participants through critical observations made by the Financial Reporting Review Board (FRRB) based on the reviews of the financial statements conducted by the Board and stressed upon the need for course correction in auditing the financial statements for the financial year 2018-19. His presentation covered critical observations in the areas of accounting standards, auditing standards and company law compliances.
Last but not the least, Zubin Billimoria took up audit reporting requirements, including ICFR and CARO reporting and recent changes in audit reporting requirements as applicable for the reporting period 2018-19. His presentation included important aspects such as evaluating ‘Going Concern’ assumption, ‘Emphasis of Matter’ (EOM) paragraph, modified report, qualified report and disclaimer of opinion.
All the sessions were very interactive and the speakers shared their experience and insights on their respective subjects.
The workshop was well appreciated and the participants benefited from the guidance and practical views expressed by the experts.
FULL-DAY SEMINAR ON ‘CHARITABLE TRUSTS – CRITICAL ASPECTS’
The Corporate and Allied Laws Committee organised a day-long seminar on ‘Charitable Trusts – Critical Aspects’ jointly with the Chamber of Tax Consultants on 14th September, 2019 at the BCAS Conference Hall.
The seminar, at which recent developments and critical aspects in the sector were debated, was opened by President Manish Sampat who briefed participants about recent developments in the non-profit organisation sector. He also highlighted the challenges as well as the opportunities available to the practising chartered accountants in this field. Vipul Choksi, President of the Chamber of Tax Consultants, appreciated the initiative taken by BCAS in organising such an event and shared his views on compliance and other related issues of charitable trusts.
The seminar was inaugurated by the Hon. Charity Commissioner of Maharashtra, Mr. Sanjay Mehare. He addressed the first session on ‘Important Procedural Aspects for Trustees and Professionals’ wherein he shared his views on the recent changes in the Bombay Public Trust Act, FCRA, etc., and various other procedural aspects relating to the formation and compliance requirements for charitable trusts. His past experience and the examples he gave held the audience spell-bound.
The second session was addressed by Gautam Shah who spoke about various advantages and disadvantages of charitable institutions vis-a-vis private trusts. The new concept regarding Social Stock Exchange as announced by the Finance Minister, Mrs. Nirmala Sitharaman, during her Budget speech was covered in detail by him. He also addressed some issues related to formation of minority status trusts.
Gautam Nayak, in the third session, discussed various issues regarding taxation of charitable trusts, including the issues arising out of the rejection of the registration of charitable organisations. He also spoke briefly on dissolution of charitable trusts and gave an insight into the implications of section 115TD of the Income-tax Act. The participants in the seminar appreciated the discussion on the recent controversial decisions in direct tax for trusts.
The next session was conducted by advocate Rakesh Pandey on the hardships faced in the Office of the Charity Commissioner. The requirements specified in some of the sections of the Maharashtra Public Trust Act and their intricacies, the difficulties in complying with such requirements in the current environment at the Charity Commissioner’s office were also addressed.
Next, Sunil Gabhawalla took the podium for the much-awaited session on issues under Goods and Services Tax (GST) for NGOs. The participants had several queries regarding the applicability and liability of GST which were addressed by him in detail. He cleared most of their doubts regarding the applicability of GST. He also explained the reverse charge mechanism and whether it was applicable to trusts.
Taking up the sixth session, Anil Sathe enlightened the participants about issues relating to the registration and renewal of FCRA licence. He also discussed the common issues relating to separate bank accounts, administrative expenses and other important aspects to be considered during the filing of FCRA returns. He then deliberated on the issues arising from the changes which are to be submitted online; these attracted a lot of questions by the participants. Anil Sathe also briefly touched upon the issues arising out of CSR donations in relation to unspent amounts and penalty for non-compliance.
Mr. Mallikarjun Utture, Additional Commissioner of Income Tax, took the mike for the next session and addressed issues of charitable institutions from the income tax point of view. It was very essential to understand their problems so that these institutions did not have to face tax liabilities when they were eligible for exemptions. He engaged the audience by presenting landmark judgements and necessary elements for getting 12AA registrations and the basis on which these can be rejected.
At the end of the seminar, there was a panel discussion moderated by Chetan Shah. Mr. Mallikarjun Utture, Gautan Nayak, Sunil Gabhawalla and Anil Sathe discussed various issues relating to charitable trusts. Finally, the floor was opened for a Q&A session when the panellists answered all the queries of the participants.
The interactive seminar was full of insights into charitable trusts and the participants were truly enriched with the presentations and the in-depth analysis offered by the speakers. It received overwhelming response from the industry as well as practising chartered accountants in the field of non-profit organisations.
INDIRECT TAX LAW STUDY CIRCLE
The Indirect Tax Law Study Circle organised a meeting on ‘Practical implication of RULE 42 & RULE 43 of GST Act’ on 16th September, 2019 at the BCAS Conference Hall.
Over 50 persons attended the detailed interaction, discussion and exchange of views with the Group Leader and Mentor on the issues that had been forwarded in advance. There was an in-depth analysis of all the issues at the meeting.
The Group Leader was Darshan Ranawat while the Mentor was Mandar Telang.
Nearly 50 members were present for the detailed interaction and discussion, and to hear the views of the Group Leader and Mentor on the issues that had been forwarded in advance. It was an in-depth analysis of all the issues with reasoning. The Group Leader dealt with all the issues placed before him in the allotted time. The meeting concluded with a vote of thanks to Group Leader Darshan Ranawat and Mentor Mandar Telang.
Study Circle Conveners Chirag Mehta, Dushyant Bhatt and Suresh Choudhary stated later that the participants in the Study Circle meeting had several genuine queries and all of them were answered in great detail.
‘SABKA VISHWAS – LEGACY DISPUTE RESOLUTION SCHEME 2019’
The BCAS organised a lecture meeting on ‘Sabka Vishwas – Legacy Dispute Resolution Scheme, 2019’ on 17th September, 2019 which was addressed by Advocate Rohit Jain. It was held in the BCAS Conference Hall.
Introducing the topic, BCAS President Manish Sampat pointed out that the scheme was a one-time opportunity for resolving disputes related to Central Excise, Service Tax and 26 other indirect tax legislations. Eligible persons opting for the scheme could declare their unpaid tax dues and discharge the same. Declarants under the scheme would be granted immunity, including from interest, penalty and prosecution. He also introduced the speaker. BCAS Vice-President Suhas Paranjpe presented a memento to the speaker.
Mr. Jain started the session with a brief history of indirect tax litigations pending with various judicial forums, past amnesty schemes and the constitutional validity of such schemes. He took up the following major areas of
the ‘Sabka Vishwas – Legacy Dispute Resolution Scheme, 2019’:
(i) Coverage of various indirect tax acts and cesses under the scheme;
(ii) Relief granted under various case scenarios;
(a) SCN or one or more appeals arising out of such notice,
(b) SCN for late fee or penalty only,
(c) Amount in arrears,
(d) Inquiry or investigation or audit,
(e) Voluntary disclosure.
(iii) Benefits, waivers and eligibility. The relief under the scheme includes waiver of tax ranging from 40% to 70%, 100% relief of interest and penalty;
(iv) Relevant clarifications issued in circulars;
(v) Detailed process for application under the scheme;
(vi) Discharge certificate.
Mr. Jain also highlighted some key aspects of the scheme such as ineligibility of convicted assessees, payment under the scheme being allowed only through cash, non-availability of tax paid under the scheme as input tax credit, declaration not treated as admission of tax liability and so on.
INTERNAL AUDIT 101: LET’S START AT THE VERY BEGINNING
The newly-formed Internal Audit Committee organised a two-day Foundation Course on Internal Audit styled ‘Internal Audit 101’ at the Orchid Hotel on 19th and 20th September, 2019. With 103 participants, the course witnessed a full house, with participants both from the profession as also from the industry. This unique foundation course was curated and designed last year to provide a strong foundation to internal audit professionals. The Committee plans to host this programme annually in Mumbai and other locations as a ‘foundation course on Internal Audit’.
The course attracted 73 non-members for many of whom this was their first introduction to a BCAS event. This helped in spreading awareness about the Society amongst non-members, some of whom will become members in the coming months.
Interestingly, the course lived up to its promise of delivering sessions in a ‘story-telling’ style with anecdotes, real-life incidents and practical insights to make it a unique and interesting experience for the participants.
President Manish Sampat’s welcome address and opening remarks by Chairman Uday Sathaye set the tone for the event. Co-Chairperson Nandita Parekh welcomed the participants and explained the structure of the event and the proposed future events of the Committee.
Satish Shenoy’s first session unfolded the ‘lifecycle of an Internal Audit’ by narrating various anecdotes and experiences that educated the audience and also kept it entertained.
The second to speak was Jyotin Mehta who provided an overview of Internal Audit and the regulatory framework within which it operates, giving useful insights to help participants understand the larger framework within which Internal Audit operates.
Next up was Deepjee Singhal who focused on the meeting point of technology and Internal Audit and covered the entire gamut of areas where the use of technology would be a game-changer. He also covered key considerations for an IT Systems Audit and the crucial need to understand the IT system architecture to conduct a meaningful and efficient Internal Audit.
It was then the turn of Himanshu Vasa who engaged and enthralled the participants as he conducted a session on ‘The Art of Telling a Good Story’. He not only shared his thoughts on what it takes to write a good report, but also covered areas of personal presentation, soft skills and oral communication, including the importance of posture and gestures. His marathon session and his expressions left a good impression on the participants.
Atul Shah in his presentation took participants through the tools and tricks of the trade, sharing audit techniques deployed at each stage of audit.
Talking about specific cycle audits was Ashutosh Pednekar who spoke of covering several audit cycles. He threw light on recent developments, the use of technology and the understanding of process risks. His real-life examples and interesting stories captivated the audience.
Nandita Parekh took everyone back to the drawing board on the basics of risks and controls – the simplicity of her talk, along with a vivid presentation, reinforced the core concepts that form the heart of Internal Audit. She explained the concept of risks and controls with reference to everyday experiences and anecdotes; this helped demystify the area of risks and controls and the jargon that has developed around the subject.
The two-day session ended with closing remarks by Chairman Uday Sathaye and a few light moments presented by Vice-President Suhas Paranjpe.
INTERNATIONAL ECONOMICS STUDY GROUP
The International Economics Study Group held its meeting on 20th September, 2019 when it discussed the ‘Emerging Economic Situation – Global and Indian Economy’.
Harshad Shah stated that fears of another global economic slowdown are rising as reliable data (endorsed by many economists and CFOs of U.S. Corporations) indicates that the USA – the world’s largest economy – may be headed for another recession. That’s bad enough for global markets, but what’s worse is that many of the world’s other top economies may also be headed for troubling downturns. Japan faces a recession and it has recently entered into a nasty trade dispute with South Korea. South Korea is encountering woes with growth, with a negative first quarter and is embroiled in a trade war with Japan.
Months of protests in Hong Kong have brought the financial hub’s economy to a standstill with the looming threat of a possible Chinese military intervention. Singapore is also on the brink of recession. Eurozone faces Category 5 economic storms (double shock of impending global recession and a no-deal Brexit). Growth has essentially stopped in Italy and a political crisis there doesn’t inspire much confidence; it is already in a recession since 2018.
Germany’s economy declined in the last quarter with a slump in the export of cars. Europe is stuck between the United States and Russia (gas pipelines and sanctions), China (trade war) and Iran (oil and tankers). Argentina just went through one of the worst stock market crashes. Brazil and Mexico, two leaders of Central and South America’s economies, are expected to perform poorly this year due to slumping commodity prices. On top of it all, China’s growth rate has slowed down due in large part to the trade war launched by President Donald Trump. China’s economy grew by 4.8% in July, the lowest rate since 2002.
Put it all together and the world’s economic outlook looks pretty bleak. The IMF, a world body that helps keep the global economy stable, also sees it that way. Last month, it cut its projection for global growth to 3.2 %, the lowest rate since 2009.
Why are so many countries headed for recession / slowdown? First, Trump’s deeply misguided trade war. The effects of this go beyond just the US and China’s bilateral trade relationship. Too many nations are facing immense political turmoil at home.
Is the USA bracing for a recession in 2020? The American and global economies will experience challenging times ahead with indicators like:
Inverted yield curve: The inversion of the yield curve (has already happened), a historical precursor of a recession, has forced the markets to wake up and take stock of the situation. The yield curve is considered inverted when long-term bonds, traditionally those with higher yields, show certain trends.
Negative interest in many developed economies: During economic downturns, central banks often lower interest rates to stimulate growth which can go negative also. The notion is that negative rates will provide even more incentive for commercial banks to make loans. There is currently more than $17 trillion in negative yielding debt around the world.
A leveraged-asset bubble is building up as the effect that artificially low interest rate has on an economy is pernicious. For corporates, borrowing becomes preferable instead of issuing equity.
Trade war turning into an economic cold war over technology as China and America are vying for dominance over the industries of the future – artificial intelligence (AI), robotics, 5G, etc.
The Indian economy is experiencing turbulence with the latest GDP at 5.0% (25 quarter low), with slump in growth in various key sectors and the global growth environment gloomy. Many believe that four major disruptions (demonetisation, RERA, trade war and the IL&FS and NBFC crises) and three key economic reforms (GST, IBC and inflation targeting by RBI) led to a drift down in the Indian economy. Stress in NBFCs percolates faster owing to greater interconnectedness (to MFs, banks and the corporate sector), leading to sharp decline in auto and auto-ancillary, manufacturing and MSME, real estate and construction, exports (effect of trade war) and FMCG. There is visible stress in rural areas and agriculture due to drop in income arising out of low food inflation, the weather and the cow crisis. Unemployment is at a 45-year high, income is falling and the savings rate has slumped to 30.5% (37% in 2008), all of which suggest that we in India are in continuing slowdown mode.
Milan Sanghani stated that this slowdown could be handled by addressing the ‘demand’ side of the economy, whereas the government has so far brought in measures to address supply-side issues.
As regards the USA, he explained that the economy is growing at reasonable pace with unemployment at a 49-year low. Negative rates aren’t fully reflected in actual borrowing and lending rates. Regulations require banks to maintain customer deposit bases. The fear of losing customers dissuades those banks from cutting deposit rates too far. In Europe, only large corporations have faced negative rates. As net interest rate margins (difference between lending and borrowing rates) contract and profits are squeezed, banks raise fees or turn to other revenue measures to boost earnings. This keeps actual borrowing costs relatively high, undercutting the whole point of a negative rate policy. As the economy continues to sputter, central bankers keep on further reducing rates. Government bond yields grow increasingly negative and the yield curve flattens. Banks, which hold substantial amounts of government debt, see their profits decline even further.
Rashmin Sanghvi said that government was showing lower fiscal deficit by shifting many items to National Savings (funds of Rs. 16.85 lakh crores) and LIC (assets of Rs. 31.11 lakh crores [US $450 billion], 29 crore policy holders) putting the money of small savers at risk. The main reason for the Indian GDP growth rate falling may be the fear psychosis created by government.
LECTURE MEETING ON ‘PARADISE REGAINED…’
A lecture meeting was organised by the Society jointly with the Indian Merchants’ Chamber (IMC) and the Indo-American Chambers of Commerce (IACC) on 24th September, 2019 at the Babubhai Chinai Hall, IMC. The guest speaker, Lieutenant-General Syed Ata Hasnain, delivered a talk on ‘Paradise Regained – The Impact of the Momentous Decision of 5th August, 2019’ in light of the resolution passed by the Indian Parliament to abrogate Article 370.
Introduction of both the topic and the speaker was done by IMC President Ashish Vaid and IACC President Naushad Panjwani, who also thanked the sponsors of the event, the royal family of Abu Dhabi.
Lt.-Gen. Ata Hasnain stressed the need to see the sensitive issue in the historical perspective to understand why mistakes made in the past needed to be corrected to spare India from bleeding. He pointed out that after losing three conventional wars with India, Pakistan which said that for it Kashmir was its ‘existential core’, started engaging in proxy war under the guise of religion. This strategic initiative was launched in 1989 to gain maximum advantage when India was politically unstable, financially weak and socially insurgent. Pakistan, on the other hand, had successfully helped America win the Afghan war against the USSR by providing logistic and strategic support. It had mastered guerrilla warfare and had access to sophisticated weapons which had no state ownership on record. It had the geo-political advantage as it was bordering five different cultures where it could boast of its importance.
This proxy war to tire out India and force her to the negotiation table was also backed by psychological propaganda to project alleged violation of human rights of the religious minority in J&K that was aimed at creating a religious chain-link from the Middle East to Kashmir with Pakistan as a central, moderate state. The first phase of what was called terrorism started with mass killings and the subsequent exodus of Kashmiri Pandits from the valley and converting the Sufi culture of Kashmir into a Wahabi culture by bringing hard-core maulanas from UP and Bihar to impart fundamentalist religious training. Thus started a jihadi movement, resulting in several killings that virtually deprived the valley of its moniker of ‘Paradise’ that it so proudly deserved till then.
Lt.-Gen. Ata Hasnain then explained how the traditional Indian response over the years was passive, with the country failing to see the larger design by the enemy. India only focussed on killing incoming terrorists and not the system that bred them. It failed to differentiate between terrorists and terrorism. While the terrorist was only a by-product, terrorism was an eco-system that bred, nurtured and supported terror. It involved human resources, logistics, finances and the ideological propaganda machinery. What India needed to do was to target terrorism, the eco-system that was nurtured to inflict damage on India.
He also explained how Pakistan had smartly colluded with China by entering into an agreement giving them land in Pakistan-occupied Kashmir for building an economic corridor. This made China also an interested party to the claim for Kashmir. India was getting pushed into an impossible situation and would have lost Kashmir if the historic decision to abrogate Article 370 had not been taken. This action, therefore, was a correction of
past mistakes.
However, before this action there had been a lot of strategic planning and several actions had taken place. India, over the last three years, had started attacking the terrorist eco-system and also started a hybrid war to counter Pakistani propaganda. It engaged its army in winning the goodwill of the locals and fortified its borders with increased surveillance. It took the right political pitch by cultivating excellent relations with world leaders and made its economy strong enough to attract the world to her large market. All these actions had won India some brownie points and she had definitely scored some short-term gains evidenced by the fact that there was no major opposition from the world on its action on Article 370. However, in order to convert this into a permanent advantage, what was needed, in the speaker’s opinion, was action on the following points:
(1) Stabilise the secular environment by understanding the cultural terrain and by integrating Jammu and
Kashmir valley;
(2) Promote intra-state integration;
(3) Enable effective governance by ensuring that welfare funds and schemes’ benefits reach the lowest section of the people across the terrain; and
(4) Engagement with the hearts of the people, bringing harmony by tactical, strategic and operational support.
It is these measures that will make the resurgence of terrorism difficult and ensure long-term gains of the decision taken.
Lt.-Gen. Ata Hasnain’s talk was heard attentively by the assembled gathering. After all, he has had vast working experience in Kashmir as a commissioned officer at various levels. In the course of his talk, he also touched upon the way the Indian Army operates and how religion does not come in the way in the working and camaraderie of its troops. While sharing his experiences, he also described different nomenclatures such as Line of Control, Line of Actual Control, International Border, Actual Ground of Line of Control and so on.
The meeting attracted a large audience which heard the speaker in rapt attention. The talk was followed by a question and answer session. President Manish Sampat proposed the vote of thanks.
‘BAPU@150’ ON 2nd OCTOBER, 2019 AT BCAS CONFERENCE HALL
The H.R. Committee of the Society organised a programme on 2nd October, 2019 to commemorate the 150th birth anniversary of Mahatma Gandhi, the Father of the Nation and ‘Bapu’ to everyone. It was styled ‘Bapu@150’.
After the National Anthem and the invocation prayer, some members sang bhajans selected from Ashram Bhajanavali (the book regularly used at Bapu’s Ashram) and a few other books. It was truly a ‘recollection’ of Bapu’s personality, faith and values.
Music was arranged by Vijay Bhatt, with assistance on the tabla by Mr. Kiran. Members Toral Mehta, Ryan D’Sa, Kartik Srinivasan and Tej Bhatt gave voice to the bhajans and Mukesh Trivedi anchored the programme.
After the bhajans, young CA members performed a skit which aimed to connect the younger generation with Bapu’s ideology. It sought to depict how the young generation, with very little or no knowledge about Bapu and his values, often talk about him in a sarcastic tone and without any respect; it went on to show how they were enlightened about Bapu’s virtues and values by two elderly gentlemen sitting nearby and overhearing their conversation.
Young members Jigar Shah and Pankaj Singhal wrote, directed and acted in the play. Other actors were Harshal Shah, Raj Mehta, Jekin Dedhia, Jagat Mehta, Tej Bhatt, Dyanesh, Chirag Mehta and Utsav Shah. Nidhi Shah helped them in the backstage and lighting arrangements and Tej Bhatt was responsible for the music. The young members’ creative way to pay respect to Bapu was heartening.
In the second half of the programme, keynote speaker Mr. Dinkar Joshi (a well-known Gujarati writer and scholar) shared many anecdotes from Bapu’s life. He highlighted Bapu’s unique qualities of putting into practice what he preached, inspiring others to do the same. He stated that Bapu’s entire life was transparent and that he was one of the greatest thinkers.
Welcoming the guests before the keynote address, President Manish Sampat and Chairman Rajesh Muni shared some thoughts on Bapu.
The BCAS Journal specially commemorating Bapu’s 150th anniversary on 2nd October was released by the keynote speaker. Editor and past president Raman Jokhakar described in brief the articles covered in the Journal. He also shared Bapu’s inspiring values.
Past Presidents Pradip Kapasi, Shariq Contractor and Mayur Nayak also remembered Bapu with reverence, sharing his inspiring values. Snehal Muzoomdar highlighted that one of the most important contributions of Bapu was to revive music in Gujarat. Mihir Sheth anchored this part of the programme and Krishna Kumar Jhunjhunwala proposed the vote of thanks.
The programme concluded with the national song Vande Mataram.
INDIRECT STUDY CIRCLE
The Hon’ble Bombay High Court recently delivered a very important judgement dealing with the applicability of GST on compensation received for the illegal use of premises. The decision went into the fundamentals of what could be regarded as ‘supply’ under the GST law.
Mr. V. Sridharan, Senior Advocate, who was amicus curiae in the said matter, chaired the session. A large number of members and others attended the meeting held at the BCAS Conference Hall on 3rd October, 2019.
The subject under discussion was quite elaborate, viz., Bai Mumbai Trust and Ors. vs. Suchitra w/o Sadhu K. Shetty – ‘Implications under GST’.
Those interested in the topic had been requested in advance to come prepared in order to ensure active participation. The idea behind the chosen topic was to deliberate and discuss in depth certain important aspects of the subject under GST.
Both Group Leader Somesh Jain (Advocate) and Mentor V. Sridharan (Senior Advocate), made interesting presentations and also answered several questions from the floor of the house.
The meeting concluded with a vote of thanks to the Group Leader and the Mentor.
The Study Circle Conveners are Suresh Choudhary, Chirag Mehta and Dushyant Bhatt.
