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Society News

International Economic Study Group
meeting held on 17th October, 2016

The International Economic Study
Group meeting was held on 17th October, 2016 at BCAS Conference Hall
by International Taxation Committee which was addressed by the Speaker Ms.
Sharmila Ramani. She broadly discussed about the SWOT Analysis i.e. Strengths,
Weaknesses and Prospects of the Indian Economy.

Here is an overview of India’s
strengths, weaknesses and future prospects as addressed by her:-

Strengths

1.   Self-sufficiency
in food:
India is predominantly an agricultural country particularly with
reference to livelihood opportunities and self-sufficiency in food grains with
abundant resources.

2.  Domestic
market:
  With India’s top companies such
as Tata Steel, L& T, JSW Steel, Grasim Industries etc. turning their
focus back to domestic market on bigger priority, India has captured a robust
growth in the Domestic Market.

3. Renewable
energy:
India is ranked number one in terms of solar electricity production
per watt installed. In January 2015, the Government set a target of achieving
100 gigawatts of solar capacity by 2022.

4.   Real GDP:
India is World’s 3rd largest country in terms of real GDP on
Purchasing Power Parity basis after the USA and China. 

5.   IT industry:
India’s IT industry is considered one of the best in the world. This is mainly
due to the availability of a large pool of highly skilled, low cost workforce
with remarkable professional acumen.

6.   Science and
technology:
India is among the topmost countries in the world in the field
of scientific research, positioned as one of the top five nations in the field
of space exploration. The country has regularly undertaken space missions,
including missions to the moon and famed Polar Satellite Launch Vehicle (PSLV).

7.  Tourism:
India, with its diverse and fascinating history, arts, music, culture,
spiritual & social models, has a booming tourism industry attracting good
chunk of foreign exchange reserves to boost economy. 

8.  Defence:
India is today self-reliant in missile technology. India’s defence equipments
are the best to beat any external threat to the nation.  

9.   Culture:
India is a multi-ethnic, multi-lingual and multi-religious society with rich
cultural Heritage.

10. Demographic dividend:  In four years, India will have the world’s
largest population of working people, about 87 crore. More the working
population, more demographic dividend and hence, economic growth of the
country.

Weaknesses

1.   Corruption:
Corruption is the roadblock in the growth of any economy in the world.  Amongst measures of curbing corruption and
black money, the recent success of IDS-2016 initiated by the Modi Government
would help to eradicate corruption to a large extent.

 2. Poverty: Adequate measures are being
taken by the Government to uproot poverty to achieve better per capita income
thereby reducing the gap between rich and the poor. However, still a lot needs
to be done on the ground in this direction. 

3.  Illiteracy:  A higher literacy rate is an essential
requirement for any nation to bring it at par on a global platform with other
nations. Indian Government is taking concrete steps to eliminate illiteracy, to
put India on the world map from developing to developed country.     

4. Healthcare issues: In order to have healthy,
economically self-sufficient citizens, healthcare is essential right from
birth. Healthier the masses, stronger the working class contributing to the
nation building. Government has allocated adequate budget for this sector.  

5.  Female
infanticide:
Indian women contribute about 17% to India’s GDP today.
Stringent laws are a must to stop female infanticide. They can contribute more
significantly if they are allowed the freedom to grow and exploit their true
potential.

India’s
prospects

A developed country offers its
citizens 3 key conveniences:

1)  A better life in
terms of infrastructure – food, water, healthcare, roads, amenities, etc.

2)  Better job/business
prospects

3)  Good education

India has the potential to achieve
all the three basic necessities for resilient economic growth.

The participants enormously
benefitted from the Study Group Meeting.

Seminar Committee of Bombay
Chartered Accountants Society (BCAS) had organised jointly with Ahmedabad
Chartered Accountants Association (ACAA) a two days’ Seminar on 21st and
22nd  October, 2016  at Hotel Kohinoor Continental, Andheri.

From Ahmedabad 30 members, and 20
local members attended this seminar. The basic purpose of this seminar was, to
have Interactive Sessions on the various subjects and to provide networking
platform to the members from both the cities.

Day 1

CA. Chetan Shah (President)

CA. Raju Shah (President ACAA)

CA. Chetan Shah President of BCAS,
welcomed the members and highlighted the details of the Seminar. He also
briefed the participants about various activities conducted by BCAS. CA. Raju
Shah, President of ACAA, also welcomed the members and appreciated BCAS for
conducting such Seminar in the interest of the members. The seminar was
inaugurated by CA. Pinakin Desai, Past President of BCAS. He focused on the
need to unlearn old things and to learn /relearn new things with latest
technology. CAs today are required to face new challenges and continuous changes
throughout their career. He touched upon some decisions of the Supreme Court to
convey the importance of learning. He took an overview of the subjects which
were subsequently dealt with in this two days’ seminar.

 

L
to R – CA. Sonalee Godbole (Speaker), CA .Rajeev Shah and CA. Anil Sathe

The first paper was presented by CA.
Sonalee Godbole on the subject of “Penalties under Income Tax Act”. She dealt
with latest penal provisions u/s. 270A and 270AA.  She highlighted problems in interpretation
and implementation of these sections. CA. Anil Sathe, Past President of BCAS
who chaired the session, concluded with his observations, giving a masterly
touch to the issues.

 

L
to R – CA. Anil Sathe, CA. Chetan Shah (President BCAS), CA. Raju Shah (President
ACAA), CA. Pinakin Desai, CA. Mayur Desai and CA .Uday Sathaye

In the second session CA. Mayur
Nayak, Past President of BCAS, presented a paper titled “How to read DTAA”.
Some fundamental concepts and important phrases under DTAA were very ably
explained by him. This session was chaired by CA. Gautam  Nayak, Past President of BCAS who
supplemented his thoughts and experience on the subject matter.

 

L
to R – CA. Mayur Nayak (Speaker), CA. Mukesh Khandwala and
CA. Gautam Nayak

In
third session for the day, CA. Vishal Gada analysed various Provisions of
Taxation related to NRIs with practical examples and controversies therein. He
dealt with important case laws and propositions by the judicial forums. This
session was chaired by CA. Ameet Patel, Past President of BCAS highlighting
some important provisions under NRI Taxation.

L to R – CA.
Vishal Gada (Speaker), CA. Narayan Pasari (Vice President, BCAS)
and CA. Ameet Patel

Day 2

CA. Bhadresh Doshi presented his
paper on “Capital Gains relating to Real Estate”. He covered important
exemptions under various sections. Readymade compilation of case laws as
provided by him was very much appreciated by the participants. CA. Dilip
Lakhani, Past President of BCAS chaired this session and concluded with his
views based on his vast experience on the subject.

L
to R – CA. Kunal Shah, CA. Dilip Lakhani and CA. Bhadresh Doshi (Speaker)

In the second session, CA. Mandar
Telang presented a paper on “Transitional Provisions in GST”. He explained the
entire gamut of transitional provisions and very nicely explained the
difference between existing provisions of law and GST. CA. Govind Goyal, Past
President of BCAS who chaired this session, concluded the session and
summarised many important aspects of GST, highlighting transitional provisions.

 

L
to R- CA. Mandar Telang (Speaker), CA. Bharatkumar Oza and CA. Govind Goyal

In the last session
of this seminar,
Adv. Sunil Lala dealt with Sixteen Recent Judicial Pronouncements
covering
International Taxation, Transfer Pricing Laws and Domestic Taxation. He
explained certain provisions laid down by Judicial Forums. This session
was
chaired and concluded by CA. Kishor Karia, Past President of BCAS. He
complemented Adv. Sunil Lala for his command over the subject and also
presented
the concluding remarks.

CA.
Uday Sathaye,

Chairman,Seminar
Committee.

L to R
– Advocate Sunil Lala (Speaker), CA. Kishor Karia and CA. Ajit Shah

Chairman, Seminar Committee of BCAS,
CA. Uday Sathaye thanked the participants and office bearers of both the
associations, Chairmen and paper writers of all the Sessions for their
contribution in making this Seminar a success.

Participants
of Two Days’ Seminar Jointly with Ahmedabad Chartered Accountants Association

Overall, this two days’ seminar was
very successful and particularly with limited number of participants from
Mumbai and Ahmedabad, interaction with the paper writers as well as chairmen of
respective sessions provided extra benefit to the participants.

Company Law, Accounting &
Auditing Study Circle Meeting held on 25th October 2016.

The first Company Law, Accounting
&  Auditing Study Circle meeting, as
a part of a series of study circle meetings on Ind AS was held on 25th
October, 2016 at BCAS Conference Hall. During the meeting, Group Leader
CA.  Anand Bathiya covered the topics (i)
Ind AS 16 – Property Plant & Equipment, (ii) Ind AS 38 – Intangible Assets
and (iii) Ind AS 40 – Investment Property.

Mr. Bathiya shared his insights on
the subject with the participants and explained the various concepts of
recognition, measurement, presentation and disclosure. He highlighted the
issues concerning valuation models, depreciation based on useful life of the
asset and estimated residual value and key GAAP differences. He also touched
upon effects of preparation of opening Balance Sheet under Ind AS and gave
practical examples of how these standards are being interpreted and implemented
by various companies in India and how it has impacted their financials.

The session was highly interactive
and all the participants benefitted immensely by the vast knowledge and experience
shared by the group leader.

“ITF Study Circle”
held on 7th November, 2016

The International Taxation Committee
of BCAS organised “ITF Study Circle” meeting on “Transfer Pricing – Practical
Issues”, on 7th November, 2016 at BCAS Conference Hall addressed by
CA. Darshak Shah. Mr. Shah discussed about the meaning, importance and its
relevance for the professionals at large.

CA. Darshak Shah explained that as
30th November, 2016 is the upcoming due date of the Income-tax Act
for Transfer Pricing Auditable assessees in order to file their Return of
Income, it was a great initiative to have a discussion on the latest practical
difficulties faced by Chartered Accountants in Transfer Pricing.

CA. Darshak Shah, led the discussion
where he elaborately explained the latest Case Laws and Citations regarding
Deemed Associates, International Transactions. There was a detailed discussion
on 5 case studies giving different scenarios where cross holding, and indirect
participation and control of various inter related enterprises was tested for
understanding if they were falling under Associated Enterprises concept.

The participants also deliberated as
to how assessment of Transfer Pricing is a big challenge. The meeting was very
interactive and enlightening for the attendees.

“Direct Tax Laws Study
Circle” held on 9th November,2016

A “Direct Tax Laws Study Circle”
meeting was held on 9th November, 2016 at BCAS Conference Hall.

The Group leader, CA. Kiran Gala
under the guidance of the Chairperson, CA. Saroj Maniar explained the purpose
behind introduction of Ind AS by the Ministry of Corporate Affairs and the
timeline set out for its phased implementation by various corporate entities.

Mr. Gala pointed out the key
conceptual differences between Ind AS 
and the existing  Accounting
Standards and explained the adjustments to be made on account of the adoption
of Ind AS which would be either accounted as ‘Other Comprehensive Income (OCI)’
in the Profit & Loss statement or as ‘Retained Earnings’ in the Balance
Sheet. He also discussed as to whether MAT tax would apply to Net profits
either including or excluding OCI and the suggestions made by the Lohia
Committee Report in this context. Further, the Group leader pointed out to
various notional incomes / expenses such as guarantee commission, loan
processing charges etc to be recorded in P & L on account of adoption of
Ind AS and the resulting tax implications.

Thereafter, several case studies
relating to peculiar adjustments to be made owing to Ind AS such as
retrospective restatements of financial statements, revaluation of plant &
machinery, reclassification of financial instruments, interest free loan to
subsidiary, embedded lease and the consequent tax implications were discussed
at length.

“FEMA Study Circle”
meeting held on 10th November,2016

FEMA Study Circle Meeting was held
on 10th November, 2016 at BCAS Conference Hall, on the topic of
“Foreign Direct Investment in India – Issues in selected sectors and Indirect
Foreign Investment Rules.” where CA. Rutvik Sanghvi & CA. Naziya Siddiqui
led the discussion. The session was chaired by CA. Naresh Ajwani and the
audience benefited from his rich experience on the subject.

With India gaining popularity among
other countries as a preferred destination for Investment, this topic is of
immense importance for FEMA practitioners and the learned speakers exceeded the
expectations with their in depth analysis on the subject.

Important aspects of FDI, practical
cases, important sectors, FDI in LLP etc. were covered in this session.
There is a lot more to come like FDI in the Trading segment and E-Commerce and
hence the speakers and members present unanimously agreed to hold another
session on the subject. The members appreciated the hard work put in by the
learned speakers.

Lecture Meeting Transfer Pricing –
Recent Developments and Controversies held on 11th November 2016

International Taxation Committee of
BCAS organised a lecture meeting on Transfer Pricing-Recent Developments and
Controversies on 11th November, 2016 at BCAS Conference Hall.
Speaker CA Waman Kale discussed the following topics related to Transfer
Pricing in detail:

 

CA.
Waman Kale (Speaker)

1)  Latest
developments as per the Finance Act 2016
:- Under this topic, CbCR – part of
TP documentation & reporting, CbCR reporting, Advance Pricing Agreements
(APAs) in India – Experiences to Date, Stringent Penalties prescribed, other
Penalty provisions and other TP proposals were discussed.

2)  Safe Harbour
Rules
:- Under Safe Harbour Rules, the Speaker explained Rule 10 TA
to 10 TG
Safe Harbour Rules, Safe Harbour Margins, Safe Harbour
Rules-Experiences, Action Plans, CbCR Requirements, Masterfile
Requirements,
Local File Requirements etc.

3)  Base Erosion
Profit Shifting (BEPS) TP Updates
:- He also deliberated Action
Plans-8-10-Intangibles, Action Plans-8-10 Intra Group Services, Action
Plan-13-TP Documentation, CbCR Requirements, Master File Requirements,
Local
File Requirements etc.

4)  Advance Pricing
Agreements (APAs) in India
– Experiences to Date:-Under this topic, APA
Program in India – Salient Features, APA as an option, Experience with APA
Authorities, Status of APAs etc were deliberated.

5)  Challenges and
Acceptability of a FAR:
– Mr Waman described the Issues and Challenges
involved in a FAR i.e. Bedrock of a TP analysis,  Rights and Obligations – Contractual vs
Actual Conduct, Financial capacity to undertake risks,  Impact of BEPS etc.

6)  Recent Important
Decisions on Market Intangibles (AMP Expenses)
:- Under important
decisions, Market Intangibles (AMP Expenses), AMP Expenses-Litigation Updates
and Corporate Guarantees etc. were discussed. 

The meeting was interactive and the
participants benefitted from the rich experience of the Speaker.

Full Day Workshop on
Writing and Drafting Skills” held on 12th November 2016 at
Aurangabad.

BCAS jointly with Aurangabad Branch,
WIRC of ICAI arranged a full day workshop on “Writing and Drafting
Skills”. The event was conducted at ICAI Bhavan, Aurangabad.

The workshop was inaugurated at the
hands of Chairperson, Aurangabad Branch CA. Renuka Deshpande with lightening of
lamp and her opening remarks.

Past Presidents of BCAS, Shri Anil
Sathe and Shri Raman Jokhakar were the speakers. Shri Raman made his
presentation on “Fundamentals of Professional Writing and Communication Skills,
Key considerations in drafting of various Deeds and Documents”. His
presentation was followed by test questions at each level.

Shri Anil Sathe presented his paper
on the subject of “Drafting in Tax Litigation-Submission to Tax Authorities,
Appeals and Opinions”.  He answered the
questions raised by the participants.

Both the sessions were interactive
with participation from the members.

Indirect Study Circle
Meeting held on 15th November 2016.

A Study Circle Meeting to discuss
draft GST rules was held on 15th
November 2016 at BCAS Conference Hall. Rules relating to Returns and
Registration were discussed. CA. Yash Parmar lead the study group and CA. Ashit
Shah mentored the session. At the outset Mr. Yash presented the group with a
list of various returns that need to be filed in the GST regime. He also
described the entire process flow of return filing. The group had an interactive
session and discussed various issues like treatment of turnover discounts,
correction of TIN errors in GSTR forms, importance of punching details
exempted, tax free and other non-GST revenues in the GSTR, treatment of
advances, tax on URD purchases and other important aspects relating to the
process of return filing. At end the group discussed the process of migration
to GST as per the draft registration rules.

Company Law,
Accounting & Auditing Study Circle held on 16th November 2016

The second Study Circle meeting on
Ind-AS was held on 16th October, 2016 at BCAS Conference Hall. The
meeting was addressed by CA. Sanjay Chauhan. He led discussions on Ind AS 21 –
The Effects of Changes in Foreign Exchange Rates, Ind AS 23 – Borrowing Costs
and Ind AS 17 – Leases (Along with effects on Preparation of Ind AS Opening
Balance Sheet).

CA. Sanjay Chauhan explained various
new concepts in these Ind ASs and their comparison with present Accounting
Standards. He covered various important elements of these IndASs with the
practical examples and Case Studies. He also discussed the impact of first time
adoption of these standards and covered Ind AS Transition Facilitation Group
(ITFG) Bulletin issued by the Institute of Chartered Accountants of India on
the subjects. The members  deliberated on
various issues on implementation of these standards.

Experts Chat @BCAS on
“Issues and Impact of Demonetisation” held on 18th November 2016

An expert discussion on Issues and
impact of Demonetisation was held at BCAS Conference Hall on 18th November,
2016. The event saw an encouraging participation through attendance as well as
through the Live streaming. President CA. Chetan Shah gave the opening remarks
and welcomed the Panel.

The experts on the Panel were :

(i) Mrs. Sucheta Dalal
– Founder-Trustee of Moneylife Foundation and Managing Editor of Moneylife
magazine.

(ii) Mr. Dharmakirti Joshi – Chief Economist at CRISIL
Limited.

(iii) Mr. Ameet Patel–Past President and Chairman of
Taxation Committee of the BCAS.

 

L to R – Mr. Dharmakirti Joshi, CA
Ameet Patel and Mrs. Sucheta Dalal

The Panel which was moderated by CA.
Ameet Patel deliberated  intensely on the
Notification by the Government which was brought to give effect to
Demonetisation.

The Panel touched upon various
facets of Demonetisation such as intention of the Government for taking the
step, practical challenges being faced by the citizens, the likely impact on
the Indian economy, taxation implications of persons depositing the old
currency in their bank accounts as well as various dos and don’ts that can make
life simpler in times to come.

The
discussion was very informative and clarified lot of myths surrounding the
issue. The speakers answered a lot of queries that were received from the
participants. The participants benefitted immensely with the interactive
sessions and detailed discussions.

Society News

GST series lectures by Indirect Tax Committee held jointly
with Indirect Tax Study Circle on 20th August, 10th   September, 17th   September and 1st October, 2016

A
batch  of 
3  lecture  series 
on  GST   model 
law  was organised  on 20th August, 10th September  and 17th September, 2016 at BCAS
Conference Hall,  to discuss the
significant provisions of  Model GST law
and related literature available in the Public domain. Considering the nature
of the subject on hand, the maximum enrolment under each meeting was restricted
to 60 members and the enrolment was closed few days before the scheduled start
date. The above series was welcomed by members and was fully enrolled.

Owing
to the nature of the subject and encouraging response on GST, another lecture
for discussing the provisions relating to “Input Tax Credit under the GST Model
Law” was also organised on 1st October, 2016 at BCAS.

Each
session was taken up by CA Shashank Kumar in depth under the mentorship of CA
Bharat Shemlani.

The
contribution by the group leaders especially in terms of the presentations was
highly appreciated. The sessions witnessed excellent participation amongst
members and interactive discussions on the subject.

As
the seats were limited, a total of 60 members could attend each meeting.

Lecture meeting on Place of Supply Rules under GST by CA
Bhavna Doshi held on 3rd October, 2016

In
view of the importance of the proposed GST Reform, the  Society 
organised  an  interactive 
lecture  meeting on Place of
Supply Rules by CA Bhavna Doshi at K. C. College Auditorium, Churchgate,
Mumbai.

The
learned Speaker explained in detail the various provisions under the Place of Supply Rules, both

L to R – CA Bhavna Doshi
(Speaker), CA Narayan Pasari, CA Chetan Shah (President), CA Sunil Gabhawalla

pertaining
to goods as well as services. She highlighted the same through various
illustrations and explained how the rules helped in maintaining the credit
chain and also explained the concept of IGST. She addressed various
queries  raised  by 
the  participants.  The   meeting
was very well received and the video recording of the same is available on WebTV.
Around 176 participants attended the meeting.

Direct Tax Law Study Circle Meeting on “Settled position for Disallowance of Expenses and Additions of Income” held on 6th October 2016

Direct
Tax Law Study Circle Meeting on “Settled position for Disallowance of Expenses
and Additions of Income” was held on 6th October 2016 at BCAS Conference Hall, New Marine Lines, Mumbai

The
meeting was chaired by CA Ameet Patel where Group leader  CA 
Hetal  Gala  meticulously 
discussed a settled position for disallowance of expenses and additions
of income, covering plethora of Supreme Court and High Court decisions on
important issues on each head of income which is briefly outlined hereunder:

a)  Factors to determine Capital vs. Revenue

b)  Subsidy from government or government grant

c)  Non-Compete fees

d)  Preliminary Expenses

Further,
with respect to subsidy from government or government grant, following aspects
were discussed.

The
Finance Act, 2015, has amended the definition of income and widened the scope
to include subsidy or government grant under the definition of income. The Finance Act, 2015, has aligned the aforesaid provision with Income Computation and Disclosure Standards- VII which provided for subsidy to account as income in
the books of accounts, if not deductible from cost of fixed assets.

The
Finance Act, 2016 provided an exception from income for subsidy which is taken
into account for determination of value of capital assets.

However, ICDS  VII
(issued vide notification dated 31st March 2015) relating to government grants
is in line to matching concept of accounting and year in which such Government
Grant is to be taxed, as income is to be decided keeping in mind the provisions
of Paras 6, 8 and 9 of ICDS-VII

A
total of 17 participants attended the meeting.

Crash Course
on â€œInformation Systems Control and Audit (ISCA)”held on 9th October,
2016

The  Human Development and Technology Initiatives Committee
of the Society organised a half day crash course on Information Systems Control
and Audit (ISCA) for CA final  Students
on Sunday, 9th  October,  2016 at the BCAS Conference Hall, where CA
Kartik Iyer took the session to guide students on how to study for ISCA and
score good marks.

Vice
President CA Narayan Pasari gave his opening remarks and spoke about the
purpose behind organizing this crash course. CA Raj Khona, the Course
Co-ordinator introduced the speaker CA Kartik Iyer who addressed the
participating students and gave a brief overview of the all chapters in the
ISCA portion for CA final students.

He
covered the key amendments in the ISCA Portion applicable to the students
appearing for CA final exams in November 2016. He also gave useful tips to the
students on how to revise the subject and suggested a model exam day schedule
which students can follow.

The
event was highly successful with around 90 students in attendance.

ITF Study Circle – “Benchmarking under Transfer Pricing
Regulations” held on 10th October, 2016

ITF
Study Circle – “Benchmarking under Transfer Pricing Regulations” was held on
10th October, 2016 at BCAS Conference Hall.

As
30th November, 2016 is the due date of Income Tax order for the tax payer to
have their Transfer Pricing Audit Reports filed by Chartered Accountants and
also get their TP Study completed, the ITF Study Circle was led by CA Namrata
Dedhia, Chartered Accountant having expertise and experience in Transfer Pricing
and wide knowledge on how to appropriately benchmark International Transactions.

The
study circle was mainly focused on the steps involved in Benchmarking analysis,
use of multiple year data, application of range concept and practical
demonstration of the search conducted on database.

There
was an elaborate discussion on how to accept/reject comparable using filters
from the TP software. Also, participants asked questions on practical issues
including as to how, if the comparables changed during assessments, it would
affect the earlier benchmarking done during preparing the Study Report.

A
total of 25 participants attended the study circle.

FEMA   Study Circle Meeting held on 18th October 2016

A   FEMA 
Study   Circle   Meeting  
was   held   on  
18th October,  2016 at BCAS  Conference Hall,  on the topic of “Establishment of  Place of  Business in India-Branch, Liaison Office,
Project Office & Agency” where CA Hinesh Doshi led the discussion and
shared his rich experience. The group leader deliberated upon ways of doing
Business in India through Branch, Liaison Office, Project Office and agency in India.
He explained various conditions and compliance to be undertaken to do business
in India through above referred place of business in India.

The
presentation was very thorough and many important aspects were highlighted, a
compliance checklist was also shared with the members which will serve as a
handy guide in future.

Members
learnt that the regional office in Delhi gives approval for LO/BO. A very
informative discussion took place on ROC registration and filing of various
forms with ROC. Certain difficulties in filing ROC forms were discussed. CA
Hinesh Doshi also informed that now NOC from income tax office is not required
to close LO/BO. Besides above, he shared complete formalities for setting up
office in India.

More
than 40 members  attended  the 
meeting  and were benefited from
the rich experience shared by the learned speaker.

Experts Chat @ BCAS-Is BEPS Answer To Tax Planning?

BCAS 
organised  a  programme 
on  Experts  Chat  @
BCAS -“Is BEPS an answer to Tax Planning?” on 19th October,   2016 
at  BCAS  Conference  Hall, 
in  a  chat of CA Rashmin Sanghvi with CA Sushil Lakhani.
The programme commenced with the welcome address by BCAS President CA Chetan
Shah with a brief introduction of the subject and the speakers participating in
the chat. The event was put on Live Streaming to enable our members to join
online, to benefit from the on screen chat between two eminent personalities
from CA fraternity. Many members who could not attend in person availed the
opportunity to see the event live and put forth their views by actively
participating in the debate.

L to R – CA Rashmin
Sanghvi in fireside chat with CA Sushil Lakhani

The Experts Chat started with the presentation by CA Rashmin Sanghvi wherein he
explained various concepts of BEPS.

(a)
He discussed  about  the 
BEPS  meaning,  issues, causes,   tax  
planning consequences   and  
also how the individual countries pass the law. He also described about
the difference between BEPS and earlier 
actions  along  with 
macro-long   term  view on BEPS. He cited the Base Erosion
Illustration on Apple Computers having global business shifted their tax base
from USA to one or more tax heavens by incorporating subsidiaries abroad. He
also broadly covered  the  BEPS 
core  recommendations,  effects and tax recovery techniques to plug
black money. He touched upon the respective aspects of Country of Residence
(COR),  Country of Source (COS), Country of
Market (COM)  and Country of Payment
(COP)  in tax planning through BEPS
concept.

(b)
He further explained the tax planning by Apple Computers and the importance of
understanding tax heavens and their emergence to avoid COR and COS tax.

(c) 
He discussed Equalisation Levy or E-Commerce Taxation, criticisms of Equalisation
Levy including conceptual criticisms, conceptual BEPS issues and responses to
conceptual criticisms followed by out of box thinking.

At
the end, he addressed the issues related to BEPS Action Reports and OECD Myths.

After
the presentation, the dais was set for an interactive chat between CA Rashmin
Sanghvi and CA Sushil Lakhani, before the audience and online viewers. CA Sushil
Lakhani raised some key issues relating to BEPS for tax planning in the context
of domestic and international taxation which were well addressed by CA Rashmin
Sanghvi. Thereafter, the floor was opened for Question and Answer Session
(Q&A) and the queries raised and questions asked were duly answered by CA
Rashmin Sanghvi.

The
programme was interactive with active participation of the attendees and other
members who joined live on the stream. CA Sushil Lakhani thanked CA Rashmin
Sanghvi for responding to all the queries candidly and also enlightening on the
subject in depth.

160
participants attended the programme. 80 participants attended in person and 80
through live web streaming. The programme concluded with a well-deserved vote
of thanks by CA Divya Jokhakar.

Society News

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International Tax and Finance Conference, 2016 held on 13th August to 17th August 2016 in Sri Lanka

The International Tax and Finance (ITF) Conference, a
popular program of the Society, was organized by The International Taxation
Committee at Bentota & Colombo in Sri Lanka between 13th to 17thAugust,
2016. There were 143 registrations (including spouse and children), from all across
India, Sri Lanka and UAE. The active contribution from learned paper-writers,
speakers, group leaders has yet again proved ITF to be an excellent knowledge
sharing platform which aims for consistent progress of our fellow Chartered Accountants
and industry professionals. Paper writers and speakers played a pivotal role in
bringing out the emerging tax issues in light of the global developments.


L
to R – Mr. Ravi Karunanayake (Hon.Minister of Finance, Sri Lanka), CA
Deepak Shah, CA Chetan Shah (President), CA Gautam Nayak and CA Narayan
Pasari


CA Pinakin Desai(Speaker)

Despite
overnight travel, the delegates participated enthusiastically in the
group discussion on the inbound and outbound tax structuring on the
backdrop of the BEPS. On the 1st day, the interesting group discussion
followed by an outstanding presentation from CA Pinakin Desai. He forced
all to take a deep dive into the ocean of issues The case studies
highlighted the potential issues and implications under the domestic
laws if the recommendations of the OECD were implemented through
domestic legislations.


CA Vijay Dhingra(Speaker)

Day
two was an awakening to the thoughts of “succession planning” wherein
nuances in this untapped field were set forth by CA Vijay Dhingra. The
posers and case studies forced groups to revisit the basic provisions
relating to the determination of residential status of person(s)
resulting into succession related tax issues. The paper-writer
emphasised the importance of succession planning and related tax
consequences for large businesses given the environment where families
are going global and there exist multiple laws on inheritance in various
jurisdictions exist.


CA Padamji Khincha(Speaker)

Moving
on to the world of digitization and e-commerce, CA Padamji Khincha in a
very lucid manner explained equalisation levy in India. The highlights
on the issues covering applicability and non-applicability of the
equalisation levy in conjunction with tax treaties made it interesting. 
Further, an effective panel discussion on various practical issues
arising from effective exchange of information was an excellent show put
up by eminent and renowned speakers within our fraternity – CA T. P.
Ostwal, CA Padamji Khincha and CA Sushil Lakhani.


Mr. Shiluka Goonewardene(Speaker)

In the final session in Colombo, the conference was privileged to have Honourable Minister of Finance, Sri Lanka, Shri Ravi Karunanayake He explained the economy updates of Sri Lanka and was appreciative of India and its progress in a candid manner. The session was followed by presentation on taxation and investment presented by leading professionals from Srilanka Mr Shiluka Goonewardene, and Mr Suresh R. I. Perera. In the concluding session CA T.P. Ostwal   took the participants to the world of intangibles in line with the BEPS action plan. Through various case studies on the Transfer Pricing issues relating to the intangibles in the current time of digital economy, the presentation highlighted the need to unlearn and re-learn the transfer pricing concepts post BEPS.

Mr. Suresh R. I. Perera(Speaker)

CA T.P. Ostwal(Speaker)

The active involvement of the group leaders and the participants at the group discussion along with other proceedings at the Conference has elevated the standard of discussion year after year and this has made this conference popular. The residential nature of the Conference not only built camaraderie amongst fellow professionals but also got personal touch as many participants were accompanied by their spouses and children.
The overwhelming response of the participants, the quality of the discussions backed with eminent speakers and the seamless coordination of the entire event with the help of the coordinators has once again made ITF a grand success.

GST series lecture meetings held on 20th August, 10th September and 17th September, 2016

GST series lecture
meetings were held by Indirect Tax Committee jointly with the Indirect Tax Study
Circle on 20thAugust, 2016, 10th September, 2016 and 17th
September, 2016 at BCAS Conference Hall. A batch of 3 lecture series on GST
model law was organized to discuss the significant provisions of Model GST law
and related literature available in the public domain. Considering the nature
of subject on hand, the maximum enrolment per meeting was restricted to 60
members only.

Each session was led
by two Group Leaders and mentored by two Group Mentors having domain expertise
in various fields of present indirect tax laws like central excise, VAT and
service tax

The contribution by the group leaders especially
in terms of the presentations was highly appreciated. The sessions witnessed
excellent participation amongst members and interactive discussion on the
subject. At times members came forward to discuss the issues by way of dramatic
presentation to other members which made the discussions very interesting.

It was decided to hold one more lecture in the
series on 1st October, 2016 to discuss the provisions of Input Tax
Credit and hold further such sessions once the amended draft is placed in the
public domain.


FEMA
Study Circle Meeting on “Current, Capital Account Transactions and
Liberalized Remittance Scheme (LRS)”held on 26th August 2016

A
FEMA Study Circle Meeting was held on 26th August, 2016 at BCAS
Conference Hall where CA Sudha G. Bhushan led the discussion on the topic of
“Current, Capital Account Transactions and Liberalized Remittance Scheme
(LRS)”. Large number of members participated in this meeting. The Group Leader
deliberated upon factors determining the nature of a transactions as to capital
or current account transactions. Various concepts such as “Balance of Payment”,
“Characterization and Permissibility” of various transactions were discussed at
length. Issues such as:

Whether loan can be given to non-resident
third party under LRS?

Can
payment for ESOP be considered as current account transaction?  

Whether
remittance for minimum investment for obtaining a resident visa or green card
in USA is a permissible current account transaction?

Can
an Individual invest under LRS in a foreign company which is engaged in leasing
of properties?

Can a
grand-mother make remittance outside India for education of her grand-daughter?

Many
such questions were deliberated upon. In all the members got a complete
understanding as to how to determine a transaction under FEMA as a current
account or a capital account transaction and what is permissible under LRS. CA
Sudha G. Bhushan’s experience added value to the participants.

A total of 73 participants
attended the meeting.


Blood Donation Camp held on 27th August 2016

The
purpose of life is not to be happy – but to matter, to be productive, to be
useful, to have it make some difference that you have lived it all.  ~Leo
Rosten


Blood Donation camp at BCAS

The
blood donation drive was one full day event organised by the Membership &
Public Relations Committee of BCAS on Saturday, August 27, 2016 at BCAS
Conference Hall, in collaboration with the Tata Memorial Hospital (TMH), one of
the biggest and renowned hospital in Mumbai for having the sophisticated blood
bank facilities and laboratories. It was a great team effort of 20 to 25
volunteers which included 15 Members from Tata Memorial Hospital and others
from BCAS staff, who actively extended their support for the event and made it
a successful one.

The
drive was extremely well organised and smoothly managed by the volunteers. BCAS
had kept the atmosphere very soothing and lively with smooth instrumental
music.  There was a team of two doctors
and one supervisor from TMH specially to diagnose the donor’s eligibility to
donate blood. he TMH team ensured that each donor was assisted by one volunteer
and that the donor was completely fit and fine after donating blood. .

BCAS got an
overwhelming and encouraging response for this blood donation drive. Awareness
and messages were spread by the BCAS team for this Drive within their family
members and friends.  More than 56 donors
were eligible and could donate blood. The donors consisted more of young
members.  The, BCAS provided all the
donors with a Certificate for donation as a token of appreciation. The donors
will also be given a donor card from TMH, having a validity of two years. 

It was truly an
enriching and enlightening experience for all of us. The experience from this
drive, would always encourage and motivate to participate more in such events
which would be ultimately beneficial for the society at large.


Seminar on Tax Audit held on 27th August, 2016

A full day seminar on
Tax Audit was held by the Taxation Committee of the BCAS at the lndian
Merchants’ Chamber, Churchgate, Mumbai.

President CA. Chetan
Shah gave the opening remarks followed by introductory words from the Chairman
of the Taxation Committee, CA. Ameet Patel.

Various topics were
taken up at the Seminar by the following Speakers:

  • Overview of Tax Audit Provisions, including applicability in
    presumptive cases and calculations of limits, Reporting Requirements,
    Audit Quality and Documentation : CA
    Paresh Clerk
  • Reporting in Form 3CD – Clause by clause analysis by  CA
    Mehul C. Shah and CA. Sanjeev Lalan

·        
E-filing
of Tax Audit Report and other related forms : CA Avinash Rawani


CA Paresh Clerk (Speaker)

CA Paresh Clerk
explained the applicability of Tax Audit in case of business and profession and
provided detailed illustrations in order to explain the applicability of tax
audit in case of presumptive taxation. He provided suggestions with respect to
audit procedures and documentation to be maintained by the auditors. Also, he
highlighted issues which majority of the times go unnoticed by the auditors and
provided practical solutions for the same.


CA Mehul C. Shah (Speaker)

CA Mehul. C. Shah
explained the fundamentals of Tax Audit. He discussed with examples certain
clauses of the Form 3CD. Additionally, he provided a check list covering the
vital aspects of Tax Audit and the information which should be obtained from a
client. He resolved various queries of the participants.

CA Sanjeev Lalan (Speaker)

CA
Sanjeev Lalan discussed in detail the provisions of section 40(a) (ia)
of the Income-tax Act, 1961. He provided clause wise the issues which
should be considered by auditors during Tax Audit.  Suggestions on
various clauses in order to deal with the challenges faced by auditors
while carrying out the tax audit were provided by him.

CA. Avinash Rawani,(Speaker)

CA Avinash Rawani
made the participants aware about the nuances of e-filing of the Tax Audit and
other reports. He explained in detail the stepwise procedure to be followed for
e-filing of the reports. He pointed out several issues faced by auditors while
e-filing and provided tips which would simplify the process.

The content of the
sessions and the speakers’ practical suggestions in response to the numerous
queries raised helped the participants in easing the perplexities of Tax Audit.

The event was
attended by 153 participants.


Seminar on Model GST Law held on 3rd and 9th September, 2016

CA Mandar Telang (Speaker)

CA Sunil Gabhawala (Speaker)

CA Samir Kapadia (Speaker)

BCAS
held a Seminar on Model GST Law at the BCAS Conference Hall on 3rd September..
The speakers included CA. Mandar Telang, CA. Sunil Gabhawalla, CA. Samir
Kapadia, CA. Udayan Choksi, CA. Naresh Sheth, CA. Bharat Shemlani, CA. Janak Vaghani
and CA. Jayraj Sheth


Gita
for Professional in Hindi Publication Release- L to R: CA Govind
Goyal,CA Chetan Shah (President), CA Chetan Dalal (Author), CA Rashmin
Sanghvi,and CA Narayan Pasari

Another,
similar session called GST Seminar Part II having the same topics was
held on 9th September, at Navinbhai Thakkar Hall, Vile Parle, Mumbai. On
this occasion, 1st edition of our publication gita for professionals in
Hindi titled “Gita Vyavsaiyon Ke Liye” was released by the hands of CA
Rashmin Sanghvi. The speakers on this day were CA. Mandar Telang, CA.
Sunil Gabhawalla, CA. Samir Kapadia, CA. Udayan Choksi, CA. Naresh
Sheth, CA. Bharat Shemlani, CA. Janak Vaghani, CA. S .S. Gupta.