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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.

CA Udayan Choksi (Speaker)

CA Naresh Sheth (Speaker)

CA Bharat Shemlani (Speaker)

Goods and Service Tax has already received the
President’s assent in September 2016. It will form a major part of our lives
and there is a heated discussion going on around the country and especially
amongst the professionals, who will face a major hurdle in their routine
practice. They would be required to advise clients on the various aspects of
this new law. The topics ranged from concept of new law, Supply and Nature of
Supply, Inter State, Intra State, Payment of Tax, Valuation & Rates of tax,
Input Tax Credit to Compliances like Registrations, Returns & Assessments.
The forecast of the GST Model Law and its after effects were also presented by
Shri Jayraj Sheth and Shri S. S. Gupta at the respective seminars namely 3rd
and 9th September, 2016.

CA Janak Vaghani (Speaker)

CA Jayraj Sheth (Speaker)

CA S. S. Gupta (Speaker)

The
presentations made by the speakers were structured in such a way that that the participants
understood the impact of GST. .

Both
the halls were full of enthusiastic participants who  were quiet satisfied with all the
presentations.

A
total of 105 and 475 participants attended the seminars at BCAS and Vile Parle respectively.


FEMA Study Circle Meeting on “FEMA from Auditor’s Perspective” held on 7th September, 2016

A
FEMA Study Circle Meeting was held on 7th September, 2016 at BCAS
Conference Hall where CA Hardik Mehta led the discussion on the topic of “FEMA
from Auditor’s Perspective” and CA Mayur Nayak chaired the said meeting. The
Group Leader shared from his personal experience what aspects are to be
verified when one audits transactions 
such as investment in equity received under Foreign Direct Investment,
loan borrowed under External Commercial Borrowing regulations, Import / export
of goods and services etc. Issues taken up for discussion amongst others were:

Whether
loans from NRIs are permitted?

Whether
Data Management Company is eligible borrower for ECB under Miscellaneous
sectors where ECB is permitted under automatic route?

Whether
ECB can be utilised to acquire another Indian company?

He
also pointed out what documents one needs to see for these transactions. In all,
the members got an overview of various capital account transactions and
specific audit documentation.  The Group
leader also shared a check-list for verifying various documents related to
these specific transactions which is a handy tool for the auditor.

A
total of 56 participants attended the Study Circle
.


Study
Circle Meeting on “Important practical aspects of Reporting on Internal
Controls on Financial Reporting (ICFR), CARO and Audit Report – For
SME’s ” held on 17th September 2016

The Suburban Study Circle jointly
with
Accounting
and Auditing Study Circle
had organized the study circle meeting on 17th
September, 2016 at Direct-i-plex, Andheri East, Mumbai.

The group leader CA Payal
Punatar ex
plained
the applicability of ICFR reporting as per the requirement of Companies Act,
2013. Group was briefed about the meaning of Process, Risk and need of various
types of controls. She further explained the issues in Implementation of ICFR
framework for Private/ Small/ less complex companies.

The group discussed the various
components of framework such as Control Environment, Risk Assessment, Control
activities, Information and communication and monitoring for SME sector.
Further she explained the common constraints faced in implementation / review
of testing and how to meet the compliance requirement. Finally Group discussed
the illustrative Risk Control Matrix (RCM) for Fixed Assets and accounts
payable process.   

The participants were benefited from
the timely guidance for the presentation and experiences shared by the group
leader.

A total of 20 participants attended the meeting.

Society News

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Sixth Intensive Study Course on Transfer Pricing held from 6th February to 2nd April 2016 (All Saturdays), at IMC Churchgate Mumbai

The Sixth Intensive Study Course on Transfer Pricing was successfully conducted by International Taxation Committee, from 6th February, 2016 to 2nd April, 2016 (on Saturdays). A total of 32 sessions were held on the subject of Transfer Pricing addressing the key updates, issues and challenges, Dispute Redressal Mechanism, Base Erosion Profit Shifting etc. Each session was followed by Question and Answer session for the benefit of the attendees.

The following key issues were discussed in the study course:-
1) More and More Complex Regulation
2) Business Restructuring & Exit Charges
3) Dissatisfaction with profit based methods
4) More audits, disputes and litigation
5) Increased onus on Taxpayers
6) Scope of Regulation Expanding
7) Aggressive practices by Tax Authorities
8) Location specific advantages related to Transfer Pricing

In all 49 participants attended the course. As per the feedback received from participants, the course was highly appreciated and well received by them.

3rd Youth RRC (Residential Refresher Course) held from 17th April to 19th April 2016 at Igatpuri

The 3rd Youth RRC was organized by BCAS under the Membership and Public Relations (MPR) Committee jointly with The Chamber of Tax Consultants at Igatpuri, a quaint town near Mumbai, mostly known for trekking, hiking and also for the soulful Vipassana Centre.

The inspiration of this year’s YRRC was the growing Start-Up culture in India and also the Start Up India initiatives taken by the Indian Government. The theme of the YRRC was set to “Start Up India – What’s in it for me? The programme attracted established and budding entrepreneurs along with industry-based and practicing chartered accountants. Participants from various parts of the country gathered together for the YRRC

The three day Youth Residential Refresher Course was a perfect balance between technical sessions and entertainment. Sessions were interactive & participative including group discussions, personality workshop, networking and team building.

The YRRC provided a platform for the participants to have a one-on-one interaction with the elite group of speakers and to be able to learn and gain from their experiences. The technical sessions held at the 3rd YRRC are summarized as follows:

Day 1: Sunday 17th April 2016

Inauguration Session by Chairman of the MPR Committee – CA Naushad Panjwani

The Chairman inaugurated the YRRC by extending a warm welcome to all the participants. Keeping up with the theme of the YRRC, a short video of our Prime Minister, Mr. Narendra Modi’s action plan for Startup India was screened. This inspiring speech of the PM set the tone and momentum for the rest of the event.

SESSION 1: Beginners’ Guide to Startups for Entrepreneurs and Professionals

Speaker : CA Nitin Shingala
CA Ketan Raiyani

Mr. Ketan Raiyani

Mr. Raiyani began the session by explaining the concept and characteristics of startup as an innovative and scalable model. He also shared his experience in the foundation of a startup, the funding and scaling, and finally selling the same. Mr. Shingala, continued the session by giving insights on how to work with startups and how to make startups work and imparted learnings such as 6D rule, 90- 10-90 rule. He also shared his experience and expertise from the professional perspective on working with startups


Mr. Nitin Shingala

SESSION 2 : Conducting Audit in Today’s Scenario.

Speaker: CA Himanshu Kishnadwala


Mr. Himanshu Kishnadwala

Mr. Kishnadwala took us through the past-present-future of the world of auditing: a journey from Standards of Auditing to ICDS, IFCR and Ind-AS. He gave examples of transactions and situations and detailed out its reporting in the audit reports under the changing statute.

SESSION 3 : Personality Enhancement.

Speaker : CA Jagdish Shenoy


Mr. Jagdish Shenoy

The “16PF” test was taken by all the participants; this test measures 16 Personality Factors of an individual. Mr. Shenoy explained these factors with the competencies required by an individual carrying out either the role of an auditor, a consultant, a tax practitioner or any other roles played by a Chartered Accountant.

Day 2: 18th April 2016

SESSION 1: GROUP DISCUSSION

TOPIC : E-COMMERCE: BUSINESS MODEL AND TAXATION

Paper Writer: CA Sunil Gabhawalla


Mr. Sunil Gabhawalla

Mr. Gabhawalla’s paper on the complexity of e-commerce transaction involving multiple countries, multiple tax laws and treaties was discussed by all participants within their groups and good efforts were made to solve every case study. He also gave a background on key attributes of ecommerce transactions. The group discussion was followed by questions & answers raised by group leaders.
The Q & A was interactive and well addressed by the speaker.

SESSIONS 2: FORENSIC AUDIT

Speaker: CA Chetan Dalal


Mr. Chetan Dalal

Mr. Dalal, gave a hands on experience of being a forensic auditor to the participants. He asked them to find out the difference between a real and fake video used as evidence, discrepancies in falsified documents and Microsoft excel reports.

DAY 3: 19th April 2016

SESSSION 1: CASE STUDIES ON INTERNATIONAL TAXATION:

Speaker: CA . T. P. Ostwal


Mr. T. P. Ostwal

Mr. Ostwal, circulated an intensive case study which covered all the international transactions entered into by startup companies and explained in a highly inter-active session the nitty-gritty of the taxation on the transactions by cross referencing them to the statutory provisions and respective tax treaties. The session resolved many of the questions the participants had in mind and also helped the participants understand the stages of taxation in these international transactions.

SESSIONS 2: PANEL DISCUSSION:

PRACTICE vs. INDUSTRY vs. ENTREPRENEURSHIP

Panelists:
CA . Arun Giri
CA . Naushad Panjwani
CA . Parimal Parikh
CA . T. P. Ostwal

Practice vs. Industry vs. Entrepreneurship?? : A question for every Chartered Accountant at every stage of his career.


Mr. Arun Giri

The group discussion was moderated by the Chairman, Mr. Panjwani. The Panelists shared their stories of the struggles faced by them in building their career, while the participants shared their questions, thoughts and insecurities for venturing into these 3 zones. The Panelists helped resolve all their worries and problems. They ended the session with a note saying that “if you want something that you are really passionate about, then no other worries or insecurities will come in the way of you achieving your goal and success”. On this positive note, the YRRC ended leaving the participants recharged with knowledge, a good network of likeminded people and friends and a go-getter attitude to achieve their goals.

                
 
Full day Seminar on “Practical issues in TDS” held on 22nd April. 2016

The Full day seminar on Practical issues in TDS was held by the Taxation Committee on 22nd April, 2016 at Navinbhai Thakkar Auditorium, Vile Parle (East), Mumbai. The Seminar was attendance by over 200 participants. President CA Raman Jokhakar gave the opening remarks followed by introductory words from the Chairman of the Taxation Committee, CA Sanjeev Pandit.

Various topics were taken up at the Seminar as follows:


Mr. Avinash Rawani

Ms. Vinita Krishnan and Mr. Avinash Rawani spoke on the BCAS platform for the very first time.

Sections 194C (Payments to Contractors) and Section 194J (Fees for professional or technical services):-

CA Gautam Nayak enlightened the audience on the changes made in these sections pursuant to Finance Bill, 2016 followed by circulars and clarifications issued by the CBDT, their applicability in the current scenario and recent case laws on these topics. The speaker elaborated on the provisions of 194C and 194J and covered some industry specific issues as well as the interplay of these sections with other sections of the Act.

Sections 192 (Salary including salary paid to expats) and 194H (TDS on Commission or Brokerage):-

CA Sudhir Nayak started his talk by highlighting the changes carried out by Finance Bill, 2016. He gave a good insight on provisions of section 192, taxation of perquisites, taxation of ESOPs and the manner in which these could be used for salary structuring. The speaker had a detailed discussion on issues arising in expatriate taxation and this was followed by in-depth analysis of issues governing section 194H.

Sections 194A (Interest other than “Interest on securities), 194I (Rent) and 194IA (Payment on transfer of certain immovable property other than agricultural land):-


Ms. Vinita Krishnan threw light on topics of sections 194A, 194I and 194IA by presenting the same in an easy to understand FA Q format. This was followed by discussion on recent cases on these topics as well as analysis of issues which lack judicial precedents.

Section 195 (Other Sums):-


CA Anil Doshi gave a detailed presentation on various aspects governing section 195 which included an overview of the relevant provisions which govern the applicability and manner of applying section 195. CA Anil Doshi also elaborated on the relevance of Tax Residency Certificate, implications of section 206AA, the scope of income of a non-resident, various aspects governing Form 15CA and Form 15CB and TDS related issues pertaining to certain cross border payments such as business income of a non-resident, royalties, fees for technical services and reimbursement of expenses. The speaker touched upon a wide number of judgments during the course of his presentation.

Issues in e-filing of TDS statements: CA Avinash Rawani highlighted the practical issues that arise in e-filing of various TDS statements such as returns, correction statements, challan corrections, replies to be filed to online communication from the TDS CPC amongst others. In addition to highlighting the issues, the speaker shared a lot of practical do’s and don’ts in relation to the filing of these statements. The sessions in the Seminar were very interactive and the Speakers answered a lot of queries that were received from the participants. The participants benefited immensely with the interactive sessions and detailed discussions.

Felicitation of ICAI President & Vice President on 23rd April, 2016 at BCAS Office

On 23rd April, 2016, it was the Society’s honour and privilege to welcome and felicitate the ICAI President, Mr. Devraja Reddy and the ICAI Vice-President, Mr. Nilesh Vikamsey who is also a core group member at BCAS. Both the dignitaries during their talk addressed BCAS as the younger brother of ICAI.

The discussion was an informal and an interactive one. It focused on the various initiatives taken up by ICAI, some of which can be outlined as follows:

  • The ICAI is reenergizing the twenty-seven foreign chapters of the Institute by allocating them to the newly elected fifteen Central Council Members.
  • With the help of our fraternity colleague, the Railways have agreed to the Institute’s suggestions of converting its book keeping from single entry to double entry. (The Institute is liaising with the Chief Secretaries of all States for adopting double entry as the appropriate method of accounting).
  • The ICAI is also looking at the option of each branch having its ownership building. For this, the President sought help of our CA brothers in the IAS fraternity and involve them in our noble profession of Nation building.
  • They called for suggestions on the proposed new syllabus to make it more practical and useful for the students rather than examination oriented.
  • The President appreciated and praised the BCA Journal and requested the Editorial Board of BCAS to give their valuable inputs in improving the ICAI Journal.
  • The Vice President discussed that the ICAI is also taking up timely discussions on changes in laws with the Government. This involvement will make the laws much simple and practical when implemented. The Past Presidents of BCAS and other members present welcomed all the suggestions and extended the helping hand to its elder brother The ICAI. Such incredible co-operation was well appreciated by them, which will go a long way in strengthening the pillars of the profession.

Meeting of the International Economic Study Group held on 3rd May 2016

The topic of the meeting was: “What is true wealth and how can we be more engaged with it?”

Mr. Siddharth Sthalekar provided an opportunity to explore the subject at a talk he delivered at The International Economic Study Group at The Indian Merchants’ Chamber on 3rd May, 2016. Mr. Siddharth Sthalekar shared his journey with wealth which has seen several twists and turns. As a young graduate of IIM Ahmedabad, his relationship with Indian capital markets began in the bull years of 2005. Mr. Sthalekar was fortunate to be in the right place at the right time and soon he was heading one of the largest trading desks in the country.

However, the 2008 crisis led him to experience the effects of hyper-efficient global market. A problem of poor loans in the US had ripple effects across the world – bankruptcies in Europe, derailment of economies in Asia and more. Yes, money could move across the world in a matter of seconds.

The Latin root of the word ‘Wealth’ came from ‘Wellbeing’. So technically, when he asked himself being ‘Wealthy’, it was synonymous with asking how ‘Well we were!’ Somehow.

Faced with more questions than answers, Mr. Siddharth Sthalekar decided to spend some time looking for solutions in his own way. In 2011, he took a divergent step and headed to the Sabarmati Ashram in Ahmedabad founded by our Father of Nation Late Shri M. K. Gandhi. It seemed irrational at that time, but the Ashram allowed him a space to step back from his comfort zone and understand different systems functioning right here in our country. As part of their work with urban, rural and tribal communities, Mr. Sthalekar had the opportunity to learn from diverse sets of people. During the evenings, he ran a space known as Seva Cafe for one and a half years – a Gift economy restaurant run entirely by volunteers. Through experiments with wealth – like attempting to live more simply and spending time ‘off’ mainstream money, he began learning about wealth with a slightly different perspective.

As reflected in his comment, Mr. Sthalekar could see how the process of money management had led us to ‘handover’ the wealth into the hands of others. Rather than question what we should be doing with it ourselves, we had gotten used to earning returns passively. It is through this passive behavior that had given rise to corruption in existing systems and allowed institutions to become ‘too big to fail’.

Slowly, sitting out of the Gandhi Ashram Mr. Sthalekar began to re-connect with finance with a single question in mind – ‘how can we help individuals engage with their wealth in authentic ways’.

1. The Role of the Fiduciary: While no one has really been speaking about this, regulators have been making some serious changes in this industry in the last 3 years. Existing banks, brokers and money managers were entities that provided financial access to individuals around the world, but they did not provide ‘sound advice’. As a result, Regulators carved out the role of the ‘fiduciary – or someone who works with your best interests in mind’. However, until 2013, this role of a fiduciary did not exist in finance! Since then, if any one chooses to offer financial advice, they must be licensed with the regulators. In other words, they must be Registered Investment Advisers (RIAs).

2. The Power of Technology: Mr Stalekar was of the opinion that technology has created a level playing field in the present day world. Through an office in one corner of the world, it is allowing us aggregate information, maintain data in simple, low-cost and safe manner and enabling us to advise clients in all parts of the world. That’s just the tip of the iceberg – Wikipedia style networks of information are the new ways of accessing research as opposed to static resources like PDFs and excel sheets. Innovations like Block Chain technology are truly unlocking the paradigm of decentralized wealth. All of this is a game changer. Change can sometimes be slow but we have seen similar parallels in industries like music and media in the last 15 years. We no longer need to access assets only through money managers. With the right fiduciary on one’s side, individuals can question and engage with assets across the world.

Paradigms are shifting at an increasingly rapid pace. Rather than handing over money passively to a fund, individuals can be authentically connected to the organizations they place capital in. Initiatives like the Catalyst Program and The Local Chapter are newer ways at looking at investment and research. Technology and Regulators are all increasingly supporting such changes. It is through active participation that we can bring reform and authenticity into our financial systems. It is through deeper engagement that one can become truly ‘wealthy’. It is the understanding of true wealth that brings us all a deeper sense of abundance!

Human Development Study Circle Meeting on “Success in Life” on 10th May, 2016.

The HDSC held its meeting on Success in Life on 10th May, 2016 at BCAS, Jolly Bhavan 2, New Marine Lines, Mumbai, addressed by Dr. B. K. Mukherjee.

Dr. B. K. Mukherjee commenced his discussion by unfolding the meaning and true measure of success.

What is success? Do you measure success in terms of the money you earn?

Or do you measure success by career growth and social standing?

Are you one of those who look beyond the obvious and tries to be TRULY successful in life? It is worth noting:

Success means different things to different people.

For a majority, success would mean – Having everything in balance i.e. recognition in Society, time for yourself, freedom to do what you want to do, money, fame amongst other comforts in life.

To be successful – Work at something you enjoy that is worthy of your time and talent. Most fortunate people convert their hobby into a profession. Passion is something you enjoy doing. Give people more than they expect and do it cheerfully. Professor’s job is to make people think. Be cheerful, it brightens people around you. Jack Welch – His winning strategy is Energy, Enthusiasm, execution.

Among other things success is a result of persistence, commitment, dedication, etc. Success is also the relationships with people you love and respect. Have a feeling of gratitude and loyalty.

Over 21 specific points that indicate the barometer of success were highlighted.

The participants thoroughly enjoyed and requested for a full day session to uncover the learning in greater detail.

Protocol to India-Mauritius Tax Treaty, 2016 – An Analysis

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On 10 May, 2016, the Governments of India and Mauritius signed a
Protocol for amending the treaty dated 24 August, 1982, between India
and Mauritius. The key features of the Protocol are the introduction of
source-based taxation for capital gains on the transfer of Indian
companies’ shares acquired on or after 1 April, 2017, and the
sourcebased taxation of interest income of Mauritian banks, and of fees
for technical services. The treaty between India and Mauritius was
signed in 1982 and was in force from 1 April, 1983. As per the treaty,
India does not have the right to tax capital gains arising to a
Mauritius tax resident on sale of shares of Indian companies. This, made
Mauritius a favourable jurisdiction for investing into India. A number
of tax disputes have arisen on the issue of availability of treaty
benefits relating to capital gains as the Indian tax authorities have
sought to deny the benefits on the grounds of ‘treaty shopping’.
However, the Courts have mostly not accepted the contentions of the tax
authorities.

The Indian Government has been negotiating a
revision of the treaty with the Mauritius government for a long time.
The Protocol is a result of the negotiations.

1. Background:

The
Mauritius Treaty has been in existence since 1983 and, over a period of
time, played a critical role in attracting investments into India.
Right from the inception, the focus of the Mauritian government has been
to develop a robust offshore financial centre regime that attracted
reputed financial investors to use Mauritius as a platform for
investment into India. The Indian government was also instrumental in
promoting the Mauritius route and vehemently defended the Mauritius
route before the Supreme Court in the Azadi Bachao Andolan case, besides
issuing circulars to ensure that treaty benefits on capital gains were
provided to Mauritian companies.

It must be recalled that during
the 1990s, when the treaty first began to be extensively used, the
capital gains tax rates in India were significantly higher than they are
today. Investors, especially those from the US, were concerned about
direct investment into India due to a credit mismatch issue that arose
due to differences in the source rules in India and US. The concern for
US investors was that the taxes paid in India on capital gains were not
available as a credit in the US. With time and the lowering of the
Indian tax rates, this has become less of an issue for investors

With
passage of time, the stance of the government in respect of the
Mauritius treaty has undergone a change and everyone has been expecting
an amendment to the treaty for quite some time. Therefore, the amendment
to the India-Mauritius Tax Treaty has not come as an absolute bolt out
of the blue.

The longest running saga in the Indian tax history
may well be at an end. After years of re-negotiations, the over
three-decade-old tax treaty between India and Mauritius has finally been
amended to remove the capital gains exemption, albeit in a phased
manner. In the last two decades, the world has changed considerably.
Then treaty shopping was the established norm, so much so that its
validity was upheld even by the Supreme Court in the Azadi Bachao
Andolan case. Global sentiment has decidedly changed, with the OECD
coming out strongly against treaty abuse in its Base Erosion and Profit
Shifting (BEPS) project. There is an increasing recognition that tax
treaties are intended to avoid double taxation, and that they should not
be used as a basis for double non-taxation (where income ends up not
being taxed in either the Source State or the State of Residence). The
modification of the India-Mauritius treaty seems to be in sync with the
global trends.

Further, despite the Supreme Court upholding the
availability of treaty benefits under the India-Mauritius treaty,
investors continued to face significant challenges in obtaining treaty
benefits at the grass root level. Litigation too, continued to fester on
this issue, which led to the provisions of the treaty being undermined
in practice. This led to significant uncertainty.

Significantly,
the 2016 Protocol has included a number of provisions for enhancing
source country taxation rights, such as inclusion of a Service Permanent
Establishment (Service PE) provision, fees for technical services
(FTS), source country taxation rights on capital gains from shares,
interest income of banks and other income. At the same time, a
limitation on source country taxation rights in respect of interest
income has been provided at the rate of 7.5%.

Importantly, the
2016 Protocol also provides for carving out of shares acquired on or
before 31 March 2017 from source country taxation rights. Transitory
provisions for reduced taxation by the source country on capital gains
from alienation of shares (taxation at 50% of domestic tax rates) has
also been provided for a limited period from 1 April 2017 to 31 March
2019. However, a limitation of benefits (LOB) provision has also been
included for availing transitory provisions. A carve-out (i.e. an
exclusion) has also been included for interest earned by banks from debt
claims existing on or before 31 March 2017. Provisions relating to
exchange of information (EOI) have been revamped in order to bring them
in line with existing international standards. Additionally, an Article
on “Assistance in collection of taxes” has been introduced. Let us now
discuss the Contents of the Protocol in some greater detail in the
following paragraphs:

2. Contents of the Protocol

2.1 Amendment of Article 5 – Insertion of Service PE Clause

Article
1 of the Protocol amends Article 5 (Permanent Establishment) of the
Treaty by inserting in paragraph 2 the following new sub-paragraph:

“(j)
the furnishing of services, including consultancy services, by an
enterprise through employees or other personnel engaged by the
enterprise for such purpose, but only where activities of that nature
continue (for the same or connected project) for a period or periods
aggregating more than 90 days within any 12-month period.”

Impact of the Amendment:

The
service PE clause, while not included in the OECD Model Tax Convention
and expressly promoted by the UN Model Tax Convention, has been included
in a number of tax treaties concluded by India including tax treaties
with USA, UK and Singapore. While some of India’s tax treaties (for
instance with USA, UK, Singapore etc) specifically carve out an
exception for technical / included services from the service PE clause,
no such concession has been provided under the Protocol to the Mauritius
Tax Treaty. To this extent, the proposed clause is similar to the
Service PE clause provided in tax treaties with Iceland, Georgia, Mexico
and Nepal.

With increasing mobility of employees in
multinational organizations, this clause has been a matter of dispute in
a number of cases where employees are sent on secondment or deputation.

It is important to note that the words ‘within a contracting
State’ are missing from the service PE clause. The implication of this
could be that the source state could assert a service PE even if
services are rendered entirely from outside that state but cross the
period threshold. In 2008, OECD added paragraph 42.11 to 42.48 to the
Commentary on its Model Tax convention, dealing with taxation of
services.

Simultaneously, India expressed its position that it
reserves a right to treat an enterprise as having a Service PE without
specifically including the words ‘within a contracting state’. Hence,
this omission seems to be in line with the position taken by India on
the OECD commentary and could even expose taxpayers without any physical
presence to net income taxation in the source state and the resultant
challenges. However, depending upon the facts and circumstances of each
case, such a position would raise many issues regarding calculation of
no. of such days and hence, ensue litigation.

As a result of
inclusion of clause 5(2)(j), the term “PE” will include furnishing of
services, including consultancy services, by an enterprise of one State
through its employees or other personnel engaged by the enterprise for
such purposes, where such activities continue for the same or a
connected project for a period or periods aggregating more than 90 days
within any 12 month period. The United Nations Model Convention (UN MC)
includes this requirement in its Service PE provision contained in
Article 5(3)(b) of the UN MC. Additionally, the threshold is much lower
in the 2016 Protocol at 90 days, whereas it is 183 days in the UN MC.

2.2 Amendment of Article 11 – Taxability of Interest Income

Article 2 of the Protocol amends Article 11 (Interest) of the Treaty as under:

(i)
replacing paragraph 2 with the following: “However, subject to
provisions of paragraphs 3, 3A and 4 of this Article, such interest may
also be taxed in the Contracting State in which it arises, and according
to the laws of that State, but if the beneficial owner of the interest
is a resident of the other Contracting State, the tax so charged shall
not exceed 7.5 per cent of the gross amount of the interest,”;

(ii) deleting the paragraph 3(c); and

(iii)
inserting a new paragraph 3A as follows: “Interest arising in a
Contracting State shall be exempt from tax in that State provided it is
derived and beneficially owned by any bank resident of the other
Contracting State carrying on bona fide banking business. However, this
exemption shall apply only if such interest arises from debt- claims
existing on or before 31st March, 2017.”

Impact of the Amendment:

The
existing DTAA exempted interest income beneficially owned by taxpayers
engaged in a bona fide banking business of one State sourced from the
other State. The 2016 Protocol removes this generic exemption. However, a
carve-out has been included to continue to provide exemption from
taxation in the Source State on interest income arising from debt claims
existing on or before 31 March 2017.

Further, the existing DTAA
provided for unlimited taxation rights for source country on
non-exempted interest income. The 2016 Protocol restricts the source
country taxation rights on interest (including interest earned by banks)
to a maximum of 7.5% on the gross amount of interest. This is the
lowest tax rate cap agreed to by India on interest income for source
country taxation rights amongst all its DTAA s.

A tabular representation of the relevant changes is given below:

Ceiling
of tax rate on interest arising in the source state, coupled with the
additional requirement of such interest being ‘beneficially owned’ by
the resident state owner is in line with OECD and UN model tax
conventions. Further, most tax treaties entered into by India are on
similar lines. Indian tax treaties typically provide for a ceiling of
tax rate in the source state higher than 7.5 %. Currently, interest
income on instruments like compulsorily convertible debentures,
non-convertible debentures, or loans granted by a Mauritius entity to a
person resident in India was subject to tax at the full rate of 40% in
case of INR denominated debt or beneficial rate of 20% / 5% in specified
cases. Therefore, this is certainly a welcome development, and gives
the Mauritius treaty an edge above other treaties which India has signed
with other countries including Singapore, Cyprus and USA, where the
ceiling on rate of tax on interest income is in the range of 10% to 15%.

Earlier Mauritius was not a preferred jurisdiction for making
loans or debt investments as compared to other countries, except to the
extent of loans from a Mauritius resident bank. Thus, the change in the
tax rate to 7.5% on interest income should provide Mauritius a
competitive edge over other countries.

2.3 Insertion of New Article 12A – Taxability of Fees for Technical Services:

Article
3 of the Protocol inserts a New Article 12A concerning Taxation of Fees
for Technical Services as under:

“Article 12A
Fees for Technical Services

1.
Fees for technical services arising in a Contracting State and paid to a
resident of the other Contracting State may be taxed in that other
State.

2. However, such fees for technical services may also be
taxed in the Contracting State in which they arise, and according to the
laws of that State, but if the beneficial owner of the fees for
technical services is a resident of the other Contracting State the tax
so charged shall not exceed 10 per cent of the gross amount of the fees
for technical services.

3. The term “fees for technical
services” as used in the Article means payments of any kind, other than
those mentioned in Articles 14 and 15 of this Convention as
consideration for managerial or technical or consultancy services,
including the provision of services of technical or other personnel.

4.
The provisions of paragraph 1 and 2 shall not apply if the beneficial
owner of the fees for technical services being a resident of a
Contracting State, carries on business in the other Contracting State in
which the fees for technical services arise, through a permanent
establishment situated therein, or performs in that other State
independent personal services from a fixed base situated therein, and
the right or property in respect of which the fees for technical
services are paid is effectively connected with such permanent
establishment or fixed base. In such case the provisions of Article 7 or
Article 14, as the case may be, shall apply.

5. Fees for
technical services shall be deemed to arise in a Contracting State when
the payer is that State itself, a political sub-division, a local
authority, or a resident of that State. Where, however, the person
paying the fees for technical services, whether he is a resident of a
Contracting State or not, has in a Contracting State a permanent
establishment or a fixed base in connection with which the liability to
pay the fees for technical services was incurred, and such fees for
technical services are borne by such permanent establishment or fixed
base, then such fees for technical services shall be deemed to arise in
the Contracting State in which the permanent establishment or fixed base
is situated.

6. Where, by reason of a special relationship
between the payer and the beneficial owner or between both of them and
some other person, the amount of the fees for technical services exceeds
the amount which would have been agreed upon by the payer and the
beneficial owner in the absence of such relationship, the provisions of
this Article shall apply only to the lastmentioned amount. In such case,
the excess part of the payments shall remain taxable according to the
laws of each Contracting State, due regard being had to the other
provisions of this Convention.”

Impact of the Insertion of Article 12A:

As
per this new Article, both the Resident State as well as the Source
State will have the right to tax FTS. However, the Source State taxation
will be limited to 10% of the gross amount of FTS, where the FTS income
is beneficially owned by a resident of the other State. The rate of tax
is specified in the amended Treaty is at par with the tax rate
specified in Section 115A(1)(b)(B) of the Income-tax, 1961 For the
purposes of this Article, FTS has been defined in a wide manner as any
payment made as a consideration of “managerial or technical or
consultancy services”. It also includes payments made for the provision
of services of technical or other personnel. The definition of FTS is
broadly at par with the definition of the term FTS given in Section
9(1)(vii) of the Income-tax Act, 1961. The OECD MC does not have an FTS
Article.

Thus, the provisions of Article 12A are similar to the
provisions of other Indian tax treaties specifically including income by
way of FTS. It is pertinent to note that neither the OECD nor the UN
Model Tax Convention postulates taxability of FTS under a separate
Article. In the absence of a separate Article dealing with FTS, such
income would typically not be taxed in the source state, unless the
recipient of the income had a permanent establishment in that state.
With this change, any income paid by an Indian resident, to a resident
of Mauritius as FTS would now be taxable in India.

It is
pertinent to note that the new article does not incorporate the ‘make
available’ criteria for characterization as FTS, unlike tax treaties
with the USA, UK, Singapore etc. resulting in widening the scope of
taxable FTS income to be at par with the provision of Income-tax Act,
1961.

Reading the new Article 12A along with the new service PE
clause, it seems that in the event services in the nature of managerial,
technical or consultancy are rendered by a Mauritius entity for a
period less than 90 days, income arising from such services would be
taxed as per the provisions of Article 12A. In other cases, income
arising from rendering of all types of services for a period exceeding
90 days would be taxable under Article 7 of the Mauritius Tax Treaty,
provided the services are for the same or connected projects. The
interpretation and implementation of these provisions may lead to
litigation.

2.4 Amendment of Article 13 and Introduction of LO B Clause – Rationalization of Capital Gains Tax Exemption

Article 4 of the Protocol amends Article 13 of the Treaty w.e.f. 01.04.2017 by inserting new paragraphs 3A and 3B as under:

“3A.
Gains from the alienation of shares acquired on or after 1st April 2017
in a company which is resident of a Contracting State may be taxed in
that State.

3B. However, the tax rate on the gains referred to
in paragraph 3A of this Article and arising during the period beginning
on 1st April, 2017 and ending on 31st March, 2019 shall not exceed 50%
of the tax rate applicable on such gains in the State of residence of
the company whose shares are being alienated”; and

Further, the Protocol replaces the existing paragraph 4 as follows:

“4.
Gains from the alienation of any property other than that referred to
in paragraphs 1, 2, 3 and 3A shall be taxable only in the Contracting
State of which the alienator is a resident.”

Impact of the Amendment

Capital
gains arising from the transfer of shares, until now, were subject only
to residence based taxation under the existing Treaty. The Protocol now
proposes to restrict this exemption for investments in shares acquired
up to 31 March 2017. The exemption will apply irrespective of the date
of subsequent transfer of such shares. Accordingly, taxation rights are
now also provided to the State of residence of the company whose shares
are alienated (Source State) on gains from alienation of shares acquired
on or after 1 April 2017. The Protocol also provides for a transitory
provision for gains arising during a window period of 1 April 2017 to 31
March 2019 in respect of shares acquired on or after 1 April 2017. Such
gains arising during the transitory period will be subjected to tax at
50% of the domestic tax rates as applicable in the Source State.

After
the amendment of the India-Mauritius DTAA by the 2016 Protocol, the
position of taxability of Capital Gains on Transfer of Shares may be
summarized as under:

However,
the new LOB Article 27A (inserted by the Article 8 of the Protocol)
applies only for transitory period benefit on capital gains income.

The LOB Article denies the transitory provision benefit in respect of
capital gains arising between 1 April 2017 and 31 March 2019, where the
LOB conditions are not fulfilled. The following tests are provided in
the LOB clause for a taxpayer to be eligible to claim the transitory
period benefits:

  • Primary purpose/Motive test – Under
    this test, transitory period benefit is not available where the affairs
    of the taxpayer are arranged with the primary purpose of taking
    advantage of the transitory period benefit accorded by the 2016
    Protocol. It has also been clarified that legal entities not having bona
    fide business activities will be considered as having its affairs
    arranged with the primary purpose of availing the transitory period
    benefit.
  • Activity test – This test requires that the
    transitory period benefit will not be available to a shell or conduit
    company. For this purpose, a shell or conduit company means a company
    which is a resident of a Contracting State, but which has almost
    negligible or nil business operations or no real and continuous business
    activities in such Resident State.
  • Expenditure test
    – This test provides the circumstances in which a taxpayer would be
    deemed to be a shell or conduit company in its Resident State. As per
    the expenditure test, the taxpayer would be considered as a
    shell/conduit company if its expenditure on operations in the Resident
    State is less than Mauritian Rs. 1,500,000 or INR 2,700,000, as the case
    may be, in the 12 months immediately preceding the date on which the
    capital gain arises.

However, where the taxpayer is listed
on a recognized stock exchange of the Resident State or where its
expenditure on operations in the Resident State exceeds the above
threshold in the 12 months immediately preceding the date on which
capital gain arises, then such taxpayer will not be treated as a shell
or conduit company.

Impact of the amendment on other types of Capital Gains:

The
finance ministry has clarified that under the revised India-Mauritius
tax treaty, capital gains tax (or tax on profit made) would apply only
in the case of share transactions in India, leaving out derivatives and
non-share securities such as debentures from its purview.

Mr.
Shaktikanta Das, Economic Affairs Secretary, also clarified that the
Derivatives and other forms of securities, such as compulsory
convertible debentures (CCDs) and optionally convertible debentures
(OCDs), will continue to be governed by the existing provision of being
taxed in Mauritius. He added that India had gained a source-based
taxation right only for shares (equity) under the treaty.
Residence-based taxation will continue for derivatives under the
Mauritius pact. Meaning, non-equity securities would be taxed in
Mauritius if routed through there. Since Mauritius does not have a
short-term capital gains tax, it would mean that investors using these
instruments would continue to escape paying taxes in both countries.
(Source: Business Standard dated 14.05.2016)

In addition, there
are also questions as to the potential interplay of General Anti
Avoidance Rules (“GAAR”) with the tax treaties, as well as issues around
grandfathering of treaty benefits in respect of shares acquired after
April 1, 2017 on account of conversion of convertible instruments like
convertibles preference shares and debentures. These issues need to be
clarified by the Finance Ministry to provide clarity and certainty, and
to avoid litigation on this score. There were also concerns on whether
Protocol could be used to bring transfer of Participatory Notes
(“P-Notes”) under tax net. In order to allay concerns regarding
taxability of P-Notes due to Mauritius Tax Treaty amendment, Revenue
Secretary Hasmukh Adhia, in an interview to Press Trust of India,
clarified that, ‘there is no linkage of Mauritius treaty with P-Notes.
P-Notes are issued by foreign companies and not Indian companies’.

Impact on India-Singapore DTAA

Article
6 of the protocol to the India-Singapore DTAA states that the benefits
in respect of capital gains arising to Singapore residents from sale of
shares of an Indian Company shall only remain in force so long as the
analogous provisions under the India-Mauritius DTAA continue to provide
the benefit. Now that these provisions under the India-Mauritius DTAA
have been amended, a concern that arises is that while the Protocol in
the Mauritius DTAA contains a grandfathering provision which protects
investments made before April 01, 2017, it may not be possible to extend
such protection to investments made under the India-Singapore DTAA .
Consequently, alienation of shares of an Indian Company (that were
acquired before April 01, 2017) by a Singapore Resident after April 01,
2017, may not necessarily be able to obtain the benefits of the existing
provision on capital gains as the beneficial provisions under the
India-Mauritius DTAA would have terminated on such date.

In this
respect, a senior official of the Government of India has stated that
the Indian government intends to renegotiate the treaty with Singapore
to bring it on par with the India-Mauritius treaty.

2.5 Amendment of Article 22 – Introduction of Source Rule for Taxation of “Other Income”

Article
5 of the Protocol amends Article 22 by inserting a new paragraph 3 as
under: “3. Notwithstanding the provisions of paragraphs 1 and 2, items
of income of a resident of a Contracting State not dealt with in the
foregoing Articles of this Convention and arising in the other
Contracting State may also be taxed in that other State.”

Impact of the Amendment:

Income
from sources which is not expressly dealt with any of the Articles in
the existing DTAA is presently subjected only to taxation in the
resident country, except in cases where such income is effectively
connected with the PE/ fixed base of the recipient in the other State.
The Protocol expands the source country taxation rights by providing
that such income can also be taxed in the Source State if it arises in
the Source State.

2.6 Replacement of Article 26 – On Exchange of Information

Article
6 of the Protocol replaces existing Article 26 with a new Article 26.
The same is not reproduced here for the sake of brevity.

Salient features of the new Article 26 vis-à-vis the existing provisions are given below:

  • In
    addition to the taxes covered under tax treaty, scope for EOI has been
    enhanced to ‘taxes of every kind and description’, insofar as such taxes
    are not contrary to the provisions of the tax treaty ?
  • The
    information may not anymore be ‘necessary’ but it would be sufficient
    if it is ‘foreseeably relevant’ for the purpose of the tax treaty
  • Information
    / documents received under the tax treaty, can also be shared with
    authorities or persons having an ‘oversight’ over the assessment,
    collection and enforcement of taxes or prosecution in respect of such
    taxes or appeals in relation thereto. Information so disclosed can also
    be used for ‘other’ purposes if permitted by laws of both states and
    authorized by the supplying state. The provision enabling disclosure of
    information to the person to whom it relates has been deleted.
  • The
    requested state cannot deny collection or supply of information on the
    ground that it does not need such information for its own tax purposes.
    Further, a requested state cannot decline to supply information solely
    because the information is held by a bank, other financial institution,
    nominee or person acting in an agency or a fiduciary capacity or because
    it relates to ownership interests in a person.

Suffice it
to say that the scope of the EOI Article in the existing DTAA has been
enhanced to fall in line with international standards on transparency.
The EOI Article is largely in line with the 2014 OECD MC and extends to
information relating to taxes of every kind and description imposed by a
State or its political subdivisions or local authorities, to the extent
that the same is not contrary to the taxation as per the existing DTAA .
EOI would also be possible in respect of persons who are not residents
of the Contracting State, as long as the information requested is in
possession of the concerned State. Specifically, information held by
banks or financial institutions can be exchanged under the EOI Article.

2.7 Insertion of new Article 26A on “Assistance in Collection of Taxes”

Article
7 of the Protocol inserts a New Article 26A on “Assistance in
Collection of Taxes”. The same is not reproduced here for the sake of
brevity. Some salient features are as under:

  • Both countries shall lend assistance to each other in the collection of ‘revenue claims’ arising out of any taxes.
  • ‘Revenue
    claims’ means amount owed in respect of taxes of every kind and
    description (including interest, administrative penalties and costs of
    collection or conservancy related to such taxes), insofar such taxation
    is not contrary to the provisions of the tax treaty or any other
    instrument signed by both.
  • Both countries will be obliged
    to accept and collect revenue claims of the other and take measures for
    conservancy, subject to fulfillment of certain conditions.
  • Revenue
    claims accepted by a country shall not be subject to time limits or
    accorded any priority applicable to a revenue claim under the laws of
    such country or accorded any priority applicable in the other country.
    No proceedings with respect to the existence, validity or the amount of a
    revenue claim can be brought before courts etc in the country accepting
    the revenue claim.

This new Article is largely in line
with the one provided in the 2014 OECD MC. Broadly, this Article enables
the revenue claims of one State to be collected through the assistance
of the other Contracting State, subject to fulfilment of certain
conditions and requirements. Revenue claims for this purpose means the
amount payable in respect of taxes of every kind and description and
which is not contrary to the existing DTAA or any other instrument to
which the States are a party. Assistance would also involve undertaking
measures of conservancy by freezing assets located in the requested
State, subject to the laws therein.

In an era of globalization,
traditional attitudes towards assistance in the collection of taxes have
changed. This change was to some extent influenced by the development
of electronic commerce and the concerns about the ability to collect VAT
on such activities. The 1998 OECD report, Harmful Tax Competition: an
Emerging Global Issue, also highlighted concerns about increased tax
evasion if one country will not enforce the revenue claims of another
country. The Report thus recommended that ‘countries be encouraged to
review the current rules applying to the enforcement of tax claims of
other countries and that the Committee on Fiscal Affairs pursue its work
in this area with a view to drafting provisions that could be included
in tax conventions for that purpose’.

As a result of such
concerns, the OECD Council approved the inclusion of a new Article 27 on
assistance in tax collection in the 2003 update of the OECD model tax
Convention. The new Article 26A is in pari materia with Article 27 of
the OECD model tax convention and can help the Indian Government to
recover tax dues from willful defaulters. India has also inserted a
similar provision for assistance in collection of taxes in recent tax
treaties with Sri Lanka, Fiji, Bhutan, Albania, Croatia, Latvia, Malta,
Romania and Indonesia. Further, tax treaties with UK and Poland have
been amended to insert such an Article.

Both India and Mauritius
have also signed the ‘Convention on Mutual Administrative Assistance in
Tax Matters’. Moreover, similar to the proposed Article 26 on EOI,
assistance in collection of taxes is not restricted by Article 1 and 2
of the tax treaty.

2.8 Effective Date

Article 9 of the Protocol provides as under:

1.
“Each of the Contracting States shall notify to the other the
completion of the procedures required by its law for the bringing into
force of this Protocol. This Protocol shall enter into force on the date
of the later of these notifications.

2. The provisions of Article 1, 2, 3, 5 and 8 of the Protocol shall have effect:

a)
in the case of India, in respect of income derived in any fiscal year
beginning or after 1 April next following the date on which the Protocol
enters into force;

b) in the case of Mauritius, in respect of
income derived in any fiscal year beginning on or after 1 July next
following the date on which the Protocol enters into force;

3.
The provisions of Article 4 of this Protocol shall have effect in both
Contracting States for assessment year 2018-19 and subsequent assessment
years.

4. The provisions of Article 6 and 7 of this Protocol
shall have effect from the date of entry into force of the Protocol,
without regard to the date on which the taxes are levied or the taxable
years to which the taxes relate.”

 Thus, the Protocol will be
effective in India and Mauritius only after completion of the procedures
in both the countries for bringing it into force.

Once the procedures are completed, the various clauses of the 2016 Protocol would apply in India as follows:

  • Changes to the Capital Gains Article for assessment year 2018-19 and onwards.
  • Article on EOI and inclusion of assistance in collection of taxes, from the date of entry into force of the 2016 Protocol.
  • Other
    provisions for fiscal year beginning on or after the first day of the
    fiscal year (i.e., 1 April for India) following the year in which the
    2016 Protocol enters into force.

3. Concluding Remarks

This
is a landmark move by the Indian Government which finally claims
victory over the long drawn negotiations of the Mauritius Tax Treaty,
over last several years. Taking a myopic view, as a result of the
proposed amendment, Mauritius may lose its sheen as a preferred
jurisdiction for investments into India with additional tax cost for
Mauritius investors. However, in the larger scheme of things and in the
long run, the foreign investors would welcome the certainty of tax
regime and to that extent, grandfathering of capital gains under
India-Mauritius protocol sends out a positive signal that India is not
going to introduce any retroactive taxing provisions.

Both the
governments need to be complimented for ensuring that there is an
orderly phasing out of the capital gains tax exemption over a period of
three years without unduly burdening the investors who invested in India
relying on the treaty. This has ensured that there is no knee-jerk
reaction, unlike in the past, due to the revisions in the treaty.

Thus,
the manner in which the capital gains exemption has been withdrawn/
rationalized is indeed commendable. Instead of an abrupt shift in tax
policy, the Protocol proposes to grandfather all existing investments.
This means that only investments made after April 1, 2017 will be
subject to capital gains tax (that too after a two year transition
period during which a concessional rate at 50% of the prevailing
domestic tax rate will apply subject to satisfying Limitation on
Benefits (LoB) criteria contained in Article 8 of the Protocol). This
provides significant reassurance to existing investors and provides a
clear roadmap for the taxation of future investments. One area where
further clarity is needed is with regard to the position under the
India-Singapore treaty. This treaty provides for a capital gains
exemption, which is co-terminus with the capital gains exemption under
the India-Mauritius treaty. Given the proposed grandfathering of
pre-2017 investments from Mauritius and the twoyear transition period,
there is an urgent need to clarify whether these will apply to
investments from Singapore as well. The government seems to be cognizant
of this and hopefully, one can expect clarity on this soon. Another
area which the government would do well to clarify is that the
provisions of the General Anti Avoidance Rule (GAAR) will not apply if
the LoB conditions are satisfied.

The changes to the treaty
will, of course, lead to some short-term impact on investments in India.
There are unresolved tax issues that especially arise in the context of
P-Notes issued by FPIs/FIIs. Further, today, unfortunately, there is an
artificial characterisation of business income of the FPI/FIIs being
treated as capital gains. This leads to a situation where even portfolio
trading investors who would have otherwise not been taxable in India
are being subject to tax here. Hopefully, the government will revisit
this issue and align the position with other countries so that mere
trading in Indian securities should not give rise to tax implications in
the country, absent a permanent establishment in India. This
artificiality is unfair and also gives rise to possible non-availability
of tax credits in the home country. While the government has
renegotiated the treaty with Mauritius, it is also hoped that they
continue on the path of tax reforms to ensure that investors are not put
off by constant adverse changes to tax policy.

Full day seminar on charitable trust held on 7th November, 2015

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The Seminar was held at the Walchand Hirachand Hall. The Vice President
CA. Chetan Shah inaugurated the programme and was then joined by
President CA. Raman Jokhakar. CA. Shri Arvind Dalal spoke on the
Importance and the way forward in respect to Charities. The main
speakers at the said seminar were

                          

  • M
    r. S. B. Savale – Maharashtra Charity Commissioner who spoke on the
    regulatory requirements of the Charity Commissioner’s office and what is
    expected for the filing requirements and documentary requirements from
    the trusts. He also dwelt on the issues that arise post the filings, the
    deficiencies and the methods to control them.
  • Mr. Shaily
    Jindal – CIT (Exemptions) who spoke on the issues faced by the trust and
    the problems of the department vis-a-vis the trusts and the
    expectations of the departments from the trustees and the consultants to
    the trusts.
  • CA. Vipin Batavia spoke on the important
    provisions of the Maharashtra Public Trust Act and the important clauses
    to be incorporated in the Trust Deed at the time of drafting.
  • CA.
    Paras Savla spoke on the rules and regulations for the trusts and
    highlighted the registration aspect u/s 12 AA of the Income-tax Act.
  • CA.
    Rajesh Kadakia spoke on the taxation aspect of the trusts with special
    reference to Section 10 (23C) and Section 80 – G provisions, steps and
    methods to obtain the said registration and the problems faced in the
    said registration and its remedial measures.
  • CA. Shailesh
    Haribhakti spoke on the Foreign Contribution Regulation Act, its
    provisions and the specific important issues that all should be aware
    about in relation to the trusts. After that he dwelt on the CSR
    Provisions and the way and means a trust can avail the benefits of the
    CSR provisions to raise funds for their projects.

The
Seminar was conducted by the Corporate & Allied Laws Committee of
the Bombay Chartered Accountant Society jointly with the Chamber of Tax
Consultants and was well received by the participants including CAs,
Consultants, Trustees, and employees of Trusts.

Workshop on Advance Professional Writing & Communication Skills on 21st November, 2015

This Workshop was held on 21st November and was well attended. A summary of the proceedings of the Workshop is as under:

CA. Dr. Dilip Sheth spoke on the Art of professional communication.

CA.
Dr. Dilip Sheth mentioned that the most important point while
communicating is the objective or purpose of communication. For
professionals, the objective is to convey what a client wants to know,
so use of plain, easy-to-understand language is preferred. However, if
the objective is to show off knowledge then use of flowery language and
complex words are allowed.

He shared the following basic principles of communication as:

  • follow logical sequence
  • have meaningful communications by making it concise and clear
  • consider that communication reflects individual’s competence and enables others to form a judgement about speakers
  • communication
    killers like long sentence, redundant words, archaic words or words
    requiring frequent reference to dictionary to be avoided.

While
giving an opinion, it is important that a CA should read, absorb and
understand the case, to give the best of his knowledge to a client.

He
discussed the art of report writing, opinion writing, drafting minutes
and action plan and synopsis of written submission with examples. He
also discussed case studies report of investigation to board, report of
80-IA and other reports.

With continuous changing objectives of
professional communication, the style and manner of communication
changes, and gives way for innovative clarity in expression. He
described this case on innovation by charactering persons – seer,
observer, alchemist, fool, sage, etc. Each one of us have each of these
characters at different stages of life.

His style of
communicating through personal life experiences enabled the audience to
connect with him and learn ways of communicating effectively through
writing.

From the eyes of an Editor – Anil Sathe

BCA
Journal has been in existence for 45 years. The journal provides
information about latest updates and case laws related to core subjects
of the Chartered Accountant profession and articles that are of
professional interest

CA. Anil Sathe’s expectation from writers are

  • article must be written from target audience perspectives
  • must be complete on standalone basis
  • information shared must be corraborated with analysis.

A
comprehensive article must have each of the following components –
Introduction, Facts, Reasons, Analysis, Opinion and Conclusion. In the
introduction, the writer must introduce the reader to the topic. Facts
and reasons are the information that a writer aims to share with the
reader. Analysis and opinion are a writer’s own thoughts. Generally,
factually-based writing is stronger and more persuasive than writing
that relies on opinion. All analysis must be corraborated with facts, to
enable reader to clearly understand the writer’s message. The
conclusion must leave a clear message in mind of readers. The conclusion
must be free from any ambiguity.

After writing the first draft,
the writer must go through it in detail. He or she must ensure that the
article is complete piece and all paragraphs are connected. To ensure
that the article is error free, it is better to bounce it off with
colleagues or friends and seek their independent point of view. While
sharing articles for opinion, the writer must share it with a non-biased
reader.

To develop effective writing skills, individual must be
voracious reader. He shared a few tips that he personally followed
while reading other articles or books.

He encouraged each participant to write articles for BCAS Journal.

Writing effectively – experience from managing a professional content exchange website – Sharmila Ramani



Sharmila Ramani emphasised on following points which sharing her experience from her journey to becoming effective communicator

  • use of correct grammar and sentence formation
  • use of simple language
  •  importance of punctuation mark style and manner of use of acronym
  • preference towards use of active voice over passive voice
  • facts be correctly stated

She
emphasised on the importance of editing. Each copy of the written word
to be edited by an independent person to ensure that it is free from
error. She shared 3 styles of editing – copy editing, substantive
editing and proof editing

The ABC of Professional Writing – Swati Jalal



Swati Jalal made her presentation by sharing 6 elements of effective communication starting with C.

  • Clarity – use of familiar words, avoid sentence construction and punctuation error
  • Concise – avoid redundant and repetitive words
  • Complete – to ensure sentence is complete – focus on 5 W – who, what, when, where and why
  • Coherent – sequential flow of sentences. parallel structure
  • Correct – facts should be correctly stated and errors to be avoided
  • Courteous – pleasant and positive tone and maintain level of professional formality.

Each element of effective communication was discussed, followed by examples and activity.

Drafting in Tax litigation – Submission, Appeals and Opinions – CA. Yogesh Thar

CA.
Yogesh Thar shared effective writing techniques from regulatory aspects
and customary / preferred aspects. Relevant column of forms of appeal
memorandum. He also shared points to be considered while drafting
application for condonation for delay, admission of additional evidence.

Style and manner of submission and important points of
consideration were discussed. Sequence to be followed for each
submission and philosophy behind submission of each opinion was
explained to the participants.

At the end of each session,
participants were encouraged to ask questions. All the participants
carried with them the treasure of knowledge in communicating effectively
with them from this practical seminar. After 5 interactive session, the
day of learning effective writing skills has opened up avenues for each
participants to impress their clients and officers by their writing
skills. .

Publication Release on 24th November 2015



The
official launch of the book “Novel and Conventional Methods of Audit,
Investigation and Fraud Detection” authored by CA. Chetan Dalal and
co-published by Bombay Chartered Accountants’ Society (BCAS) along with
Wolters Kluwer was released by Padmashri CA. T. N. Manoharan on 24th
November 2015 at Crossword, Kemps Corner, Mumbai. The book is the 3rd
edition by the author. It offers an insightful and descriptive account
of the frauds and accounting irregularities and methodologies to detect
them by using combination of novel and conventional audit approaches.

The
objective of this book is to provide practical approach for
investigation to auditors and person entrusted with the task of
investing white collar crimes. The MRP of the book is Rs. 2,295/-. BCAS
is offering the book to its members at a discounted price of Rs.1,380/-
along with additional postage of Rs.100/-. The publication pre-booking
is open till 30th December 2015 at BCAS office. Orders from publishing
house will be made post close of pre-booking period and couriered
directly to members after 5th Jan 2016.

So Hurry!!!! Book your copy now.

Seminar on Cloud Hosted Apps from Google and Microsoft on 28th November, 2015

The
Human Development & Technology Initiatives Committee had organised
the half day workshop. The speaker Mr. Punit Thakkar explained the
concept and importance of the cloud computing. Cloud computing, also
known as ondemand computing, is a kind of Internet-based computing,
where shared resources, data and information are provided to computers
and other devices on-demand.

He further discussed the features
of “Google Apps for Work” which is a cloud computing and storage
solution by Google. He emphasised on the security features, ease of
usage and cost effectiveness of the product. The speaker also explained
the various apps from Google like Gmail, Drive, Docs, Calender, Forms
etc.

The speaker continued with explaining the cloud computing
product of Microsoft that is named “Office 365”. He also outlined the
unique features and advantages of Office 365. The speaker made good use
of technology for live demonstration of the cloud computing.

The participants benefited immensely from the presentation and experiences shared by the speaker.

Two days Students’ Orientation Programme on 4th & 5th Dec 2015:


Human
Development & Technology Initiatives Committee Committee of our
Society organised a two-day orientation programme on 4th& 5th
December 2015. Focus of the program was on the practical a s p e c t s
of work as an articled student under the seniors in their respective
offices. The orientation programme laid emphasis on how to work on given
assignments. Practical issues faced while handling assignment on
important subjects was the key area of discussion.

The
programme commenced with guidance on effective articleship addressed by
CA. Atul Bheda. He made a presentation to guide students as to how to
make best use of opportunities during their three years of practical
training. He highlighted the fact that working during article ship
invariably involves real life situations. It helps to sharpen one’s
skill and knowledge across diverse industries on various subjects. The
speaker explained at length the concept of industrial training, armed
forces training and facility of secondment for an all round exposure.

CA.
Mukesh Trivedi presented the session on Direct Taxes. The speaker
explained some important definitions and concepts at length. He covered
important topics viz. heads of income, types persons, residential status
as well as method of computing income under different heads, claim of
deductions, credit for pre assessed taxes, various important dates for
statutory compliance, losses and clubbing provisions. He explained the
procedure and check list of preparing and uploading the different ITR
forms. While explaining the procedure of rectifications he emphasised on
accuracy of data entry.

While concluding his presentation he
shared information about references & study material, websites way
to study the Income Tax Law etc.

Speaker
Kewal Shah presented concepts on Indirect Taxes, Zonobia Kagzi on
Accounts and Audit and Pankaj Tiwari on Company Law. All the speakers
provided valuable inputs for working on assignments effectively with
accuracy and integrity. CA. Kamlesh Doshi provided insightful tips on
Tally software and use of Excel. He gave useful guidance on the subject.

On
the 1st day, in the post lunch session the Film ‘ Nani Palkhiwala a
crusader’ was screened. Advocate Jignesh Mr. Punit Thakkar (Speaker) Mr.
Atul Bheda (Speaker) Mr. Jignesh Shah (Speaker) Mr. Mukesh Trivedi
(Speaker) Mr. Kewal Shah (Speaker) Mr. Kamlesh Doshi (Speaker) Shah
shared his personal experience and learning from the life of senior
advocate Nani Palkhiwala.

Students
were provided with some key tools to equip themselves for excellent
learning and guidance in their respective articleship training.
President Raman in the welcome address shared Arunima Sinha’s life story
who bravely climbed the Mount Everest after loss of one and injury on
the other leg.

The
grit, determination and focus on goal with hard work is the key to
success. Chairman of the Committee Nitin Shingala also addressed the
students, emphasising on attitude, hard work and consistency in the
work.

Human Development Study Circle Meeting on “Happiness : “A Choice” on 8th December 2015

This meeting was addressed by Presenter: Kalpesh Thakkar.

The
Discussion was about: How, it is our Choice ‘to be happy’ or ‘not to be
happy’. What is happiness and how to be happy in all circumstances.

Overall,
the participants acknowledged as to how true it is that it is in our
hands to be happy and we hardly know it. We keep blaming others for our
miseries. The major lesson was that we have to take charge of our lives
right now and Be Happy.

Lecture Meeting on “Software and Other Intangibles – Indirect Tax Implications” on 9th December 2015

CA.
Sagar Shah explained the basic concept of intangible property. He
discussed, in detail, whether intangibles are goods, services or both
and its taxability under Indirect Tax laws. To explain this, he
discussed various judgements on the subject viz. Tata Consultancy
Services, BSNL, Tata Sons, etc. He discussed Indirect Tax implications
for various intangibles such as Trade marks, Designs technical know-how,
patent, Copy rights, Franchise and more particularly and in length, an
intangible in the nature of software.

In respect of software, he
deliberated on the tax implications vis-a-vis transfer of right to use
v/s license to use, packaged software, customised software and import /
export of software. He touched upon GST perspective and answered
questions by participants. .

2 Days Intensive Seminar on
Income Computation & Disclosure Standards (ICDS) :Held at the
Walchand Hirachand Hall, IMC on 11th & 12th December, 2015 :

A
2 Day seminar on ICDS was organized by Taxation Committee on 11th &
12th December, 2015 at Walchand Hirachand Hall, IMC in Mumbai.

The
seminar received an overwhelming response. The object of the seminar
was to help the participant to understand the application of ICDS and
their far-reaching implications for all taxpayers following mercantile
system of accounting.

The
proceedings commenced with a Keynote address by CA. Milin Mehta, who
was involved in the Committee which formulated the Standards (ICDS). He
explained to the members the view of the government, and the purpose for
notifying ICDS. Thereafter in the following sessions, the learned
speakers covered all the 10 standards.

ICDS
I & VII was covered by CA. Anil Sathe, ICDS III by CA. Ravikant
Kamath, ICDS V & IX by CA. Gautam Nayak, ICDS VIII by CA. Pradip
Kapasi, ICDS VI by CA. Alpesh Gandhi, ICDS IV & X by CA. Yogesh
Thar, ICDS II by CA. Atul Suraiya.

They dealt with:

1) Applicability & coverage of each standard (ICDS),

2) Various terms as defined under ICDS,

3) Comparison between ICDS and relevant Accounting standards (AS) and Ind-AS,

4) Disclosure requirements and Transitional provisions,

5) I ssues arising in regard to interpretation of the standards.

6) Impact where ICDS was in conflict with a judicial pronouncement.

The
learned speakers help the participants to understand all the applicable
10 ICDS with practical examples. The presentations given during the
seminar were very useful to understand the impact of ICDS on the tax
computation. The speakers also showed the way forward and the manner in
which all issues should be dealt with. The seminar was of immense value
to all participants.

Workshop on Successful Implementation of ERP Package and Audit Features in SAP on 12th December, 2015

The Human Development & Technology Initiatives Committee had organised the full day workshop.

The
speaker for first session was CA. Jairam Motwani, Sr. GM Internal
Audit, M&M. He explained in detail, the nuances, need and benefits
of the Enterprisewide Resource Planning (ERP) Solutions. He discussed
the SAP R/3 Integration Model, the various SAP terminologies and the
financial enterprise structure in SAP.

The speaker also shared
his experiences on the ERP implementation and auditing in the SAP
environment at Mahindra & Mahindra. He concluded with a discussion
on the Governance & Risk Compliance (GRC) in SAP.

The
second speaker Mr. Madhav Pai, Director (Solution Engineering), SAP
India took up the topic on successful implementation of SAP. He
suggested the recommended path, approach and pillars for ERP
Implementation. He explained in detail the various stages, timeline of
implementation methodology.

The speaker also elaborated on the
various reasons for failure of ERP and gave suggestions for mitigating
the failure risks. He further discussed the new SAP S4 HANA Finance
platform and explained its features. The second session was followed by a
panel discussion where both the speakers answered the questions and
issues raised by the participants. The workshop was well attended and
participants benefited immensely from the presentation and experiences
shared by both the speakers.

Lecture Meeting on “Recent Developments in Securities Laws” by Advocate Somasekhar Sundaresan on 16th December, 2015

The
learned speaker Mr. Somasekhar Sundaresan gave a bird’s eye view of the
developments in Securities Laws in 2015. He highlighted important
changes made through the new Insider Trading Regulations, the new
Listing Regulations and some far reaching changes in the SEBI Act. He
also touched upon the complexity arising out of Takeover regulations and
Delisting regulations. He covered in great detail changes concerning
making of disclosures of material developments, related party, document
preservation, etc. Considering the positive policy of SEBI in engaging
in public consultation for even the smallest of proposed changes, the
speaker suggested making the best use of this, instead of complaining
about difficulties in new laws/ changes later. He replied all of the
several queries raised to him by participants.

Study Circle on Outbound Investment – Nuances and Issues on 17th December, 2015

The
Study Circle meeting on “OUTBOUND INVESTMENT – NUANCES AND ISSUES” was
held on 17th December which was very well led by CA. Sagar Maru. He took
the participants through various issues surrounding outbound investment
specially issues around calculating the networth of the Indian Parties,
precautions to be taken for export capitalisation as a method of
funding, structuring oubound investment with debt and guarantee , round
tripping, flipping of structures etc. The participants deliberated on
these issues and shared their personal knowledge as well. In all it was a
very enriching meeting. On account of time constraint, few issues will
be taken up in the next meeting.

Study Circle Meeting on Highlights of Release 5.0 Tally.ERP9 with special focus on Service Tax on 18th December, 2015

The
Technology Initiatives Study Circle of the Society organised this Study
Circle to equip our members with the updated knowledge about Tally’s
latest offering. The objective of the meeting was met by way of an
interactive Q&A by the speaker with the audience over the course of
the session. The speaker for the session was CA Punit Mehta. This
program was well received by the members after the successful Part-1
session held by the same speaker on Tally. ERP9 with focus on VAT in
November 2015.

Study Circle Meeting on “Acceptance of
Deposits by Companies u/s. 73 and Loans and Investments by Companies
u/s. 186 of the Companies Act 2013 – Recent Amendments and Issues with
special reference to the relaxations in rules for acceptance of deposits
by private limited companies.” on 19th December, 2015

 The
Suburban Study Circle jointly with Company Law, Accounting &
Auditing Study Circle had organised the study circle meeting.

The
speaker CA. Paresh Clerk explained the provisions of section 73 of the
Companies Act, 2013(CA, 2013) governing the Acceptance of Deposits by
companies. He made good use of tables to answer key questions on
acceptance of deposit rules by private, public and eligible company.
Various case studies were also discussed by the speaker.

The
speaker further discussed provisions of section 185 and 186 of the CA,
2013 on Loans to Director and Loans & Investments by company. The
presentation highlighted the exemptions and also the penal provisions
for non compliances.

The participants benefited from the presentation and experiences shared by the speaker.

Society News

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Direct Tax Study Circle Meeting on “Analysis of Finance Bill, 2016 – Direct Tax Provisions” held on 17th March 2016

Direct Tax Study Circle meeting was held at IMC on 17th March, 2016.

The
learned speaker, CA. Gautam Nayak commenced the meeting by giving a
holistic view of the Finance Bill, 2016, presented by the Hon’ble
Finance Minister and the initial public sentiments on it. He then
analysed the provisions of the new Chapter VIII ‘Equalisation Levy’
inserted by the Bill. Giving an overview of the provisions, he mentioned
that it may not be possible for an assessee to take tax credit in
respect of this levy. Thereafter, he touched upon the new Income
Declaration Scheme, 2016 inserted vide Chapter IX. The proposed Scheme
is on similar lines of the Scheme introduced last year under ‘The Black
Money (Undisclosed Foreign Income and Assets) and Impositions of Tax
Act, 2015’. He also mentioned that the Government should bring clarity
about the Scheme by issuing simplified Rules. Later, Mr. Nayak mentioned
that the Direct Tax Dispute Scheme Resolution, 2016 is a welcome Scheme
for the assessees. He explained the types of assessees who can avail
the said Scheme. Mr. Nayak also threw light upon the important
amendments in relation to penalty proceedings and taxation of charitable
trusts. In his view, the amendments relating to taxation of charitable
trusts can have far reaching impact and may also hamper the operation of
genuine charitable trusts. Subsequently, the speaker commented upon the
amendments brought about in relation to taxation of dividend income in
the hands of the receiver and various issues relating to the same.

Mr. Nayak also answered various queries raised by the study circle attendees.

Advance FEMA Conference on 18th March 2016

Advance
FEMA Conference was held on 18th March, 2016, jointly with the Chamber
of Tax Consultants. The conference was attended by Senior RBI officials
led by RBI Executive Director, Mr B. P. Kanungo and covered the
important areas of FEMA including those dealing with ODI, FDI, PCD,
NRFAD , EPD, LRS, ECB, CEFA and Trade Transactions. There was an open
discussion where participants raised various queries which was responded
to by eminent senior RBI officials.  The summary of the various
questions raised and responses/suggestions
provided is available on our website at the following link:
http://www.bcasonline.org/files1/FEMAQueries18thMarch2016Revised.pdf

International Taxation Study Group Meeting held on 28th March, 2016

Impact of Budget 2016 on Indian Economy
The
meeting was conducted on March 28, 2016 at IMC by International
Economics Study Group of BCAS. CA. Namrata Shah shared her insights of
Impact of Budget 2016 on Indian Economy.

The presentation
covered major Macro Economic Factors affecting the economy based on
Economic Survey 2015-16. The major factors that drive India’s GDP
growth, effects of inflation in the country and forex reserve movements
were discussed. Also, the economic outlook for FY 2016-17 was discussed.

The mid-term fiscal policy and factors acting as constraints in
implementing mid-term policy, like Implementing the 7th Pay Commission
award and increased public expenditure towards infrastructural
development, were discussed during the meeting.

Ms. Shah mentioned that the Budget 2016 has introduced 9 pillars of reforms for the Country. The 9 pillars are

1. Agriculture and Farmers’ Welfare
2. Rural Sector
3. Social Sector including HealthCare
4. Education, Skills & Job Creation
5. Infrastructure & Investment
6. Financial Sector Reforms
7. Governance & Ease of Doing Business
8. Fiscal Discipline
9. Tax Reforms

These
9 pillars were explained, discussed and debated. Future impact of these
9 pillars on India’s economic growth were deliberated and conversed.

This was followed by detailed discussion on 3 sectors that received major impetus during the budget

1. Infrastructure –Roads, Airport & Airlines and Housing
2. Banking & Finance
3. Power

The
presentation also highlighted the current economic state of each of the
above-mentioned sectors. Then, the Budget 2016 policies impact and
various other policies introduced by Government of India during 2015,
that has direct impact on each of the above-mentioned sectors,were
shared with the participants. This was followed by discussion on how
each of these proposed policies would impact India’s growth in FY
2016-2017 and future.

Overall, the session gave out future road map that the Government plans to achieve, if everything moves as planned.

Half Day Seminar on “Labour Laws” held on 2nd April 2016

Corporate
& Allied Laws Commitee organized a Half Day Seminar on Labour Laws
on 2nd April, 2016 jointly with The Chamber of Tax Consultants (CTC), at
BCAS, 7, Jolly Bhavan No 2, New Marine Lines, Mumbai-400020. CA Kanu
Choksi, Chairman Corporate & Allied Laws Committee of the BCAS,
inaugurated the seminar and Mr. Kamal Dhanuka, Chairman Allied Laws
Committee – CTC welcomed the speakers Mr. Ramesh Soni and Mr. Talakshi
Dharod. The following topics were taken up in the seminar:-

A) ESI, Bonus & Gratuity Act, Shop and Establishment Act
B) PF Act, Maternity Benefit Act & Sexual Harassment Act

ESI, Bonus & Gratuity Act, Shop and Establishment Act:-
The Speaker, Mr. Ramesh Soni, enlightened the participants on the key
features of ESI (Employees’ State Insurance Act 1948), Bonus &
Gratuity Act and Shop & Establishment Act. Mr. Kamal Dhanuka, also
contributed to the subject and imparted knowledge to the participants.
The major areas of the Speaker’s presentation were as under:-

ESI ACT 1948:-

Mr. Soni explained that the ESI Act, 1948 provided far reaching
benefits to the employees of Factories and Establishments, in the event
of Sickness, Disablement, Maternity and Medical Emergencies and also
Dependants’ Benefits to the dependants of such employees. He further
elaborated how the Act covers shops, hotels, restaurants, cinemas, road
motor transport undertakings and newspaper establishments covering 20 or
more employees and factories employing 10 or more persons.

BONUS & GRATUITY ACT:- Mr.
Soni deliberated on various aspects of Bonus which are very relevant to
the employee community at large. The subject highlighted the objects of
the Act i.e. sharing the prosperity of the establishment, reflected by
the profits earned by the contributions made by capital, management and
labour. He mentioned the importance of Gratuity Act that offers the
reward to the employees, against their loyalty to the organization for
more than 5 years, with 15 days salary for every completed year of
service but subject to limit of Rs. 10,00,000.00 (Rupees Ten Lakh) for
the duration of the entire service

SHOPS AND ESTABLISHMENT ACT:-
The speaker Mr. Soni also discussed about the applicability of
Maharashtra Shops and Establishment Act, 1948 to shops, commercial
establishments, residential hotels and clubs, restaurants, eating
houses, theatres and other places of public amusement or entertainment.
This Act is also applicable to Factories having total manpower less than
10 with the aid of power & less than 20 without the aid of power.

PF
Act, Maternity Benefit Act & Sexual Harassment Act:- Mr. Talakshi
Dharod, the speaker, highlighted the important characteristics of PF
Act, Maternity Benefit Act & Sexual Harassment Act to the
participants. Mr. Kamal Dhanuka also presented his view point on the
subject and interacted with the participants. The key points of
presentation were as under:-

EMPLOYEES’ PROVIDENT FUNDS &
M.P. ACT, 1952 :- Mr. Dharod elaborated that every establishment/
factory engaged in any industry, in which 20 or more persons are
employed and any Establishment which the Government may specifically
notify, are covered under the Act.

The Act is applicable to all
types of employees i.e. whether they are monthly rated, part-time
employees, daily rated or piece rated employees, casual, temporary,
permanent or contractual employees. They are all entitled to receive
interest on PF accumulation as declared by Central Government from time
to time. The Employees can also take advance from their PF contribution
to meet exigencies/emergencies.

THE MATERNITY BENEFIT ACT, 1961:-
Mr Dharod explained that this Act was brought in force to provide for
maternity benefit to women workers in certain establishments and to
regulate the employment of women workers in such establishments for
certain period before & after child birth. The Act is applicable to
all establishments except any factory or other establishment where a
provision of E.S.I. Act is applicable. It is applicable to all classes
of women whether she is permanent, temporary, casual, daily/monthly
waged, etc.

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT, 2013:-
The
speaker Mr. Dharod also deliberated upon the salient benefits of this
Act to preserve the honour and respect of the women at workplace. The
Act came in to force w.e.f. 22nd April, 2013 with an object to protect a
woman employee against sexual harassment & the right to work with
dignity and is applicable to the whole of India. The Act covers all
classes of women employees whether part time/ full time/daily
wages/contract basis etc. and it is the duty of the employer to protect
the rights and interests of the women and provide them safe working
environment.

Overall, it was a very informative, interactive and participative seminar.

Indirect Tax Study Circle Meeting on “Analysis of Finance Bill, 2016–Indirect Tax Proposals” held on 9th April 2016

Indirect
Tax Study Circle Meeting was held at IMC on 9th April 2016 to discuss
service tax changes proposed by the Finance Bill 2016. The Meeting was
led by CA Vikram Mehta and chaired by Advocate Shailesh Sheth. An
excellent question bank was presented to the members of the Study Circle
which was discussed in detail. Advocate Shailesh Sheth took the group
through various landmark court rulings affecting the analysis of the
proposals.

The following major proposals of the bill were deliberated in the Study Circle:-

1) Whether in view of the amendments to Rule 5, a new levy could be imposed on services which had been already provided.

2)
Discussions on possible contentions that would arise in relation to the
proposed interest provisions u/s. 75 of the Finance Act, where the
reduced interest applied in cases where service tax was not collected.
The moot question was what was meant by the term “collected”?

3) Issues relating to scope of new reverse charge liability on all Government Services.

4)
Whether extended time limit to issue show cause would also apply in
cases where the existing time limit under section 73 had already lapsed,
as on date of enactment of the Bill.

5) Implications of widening of the meaning of exempt service for the purpose of Rule 6.

Lecture Meeting on “Ethical & Environmental Aspects of the Economy” held on 13th April 2016

A
lecture meeting was held on 13 April 2016, at Indian Merchants’
Chamber, Mumbai on “Ethical & Environmental aspects of the Economy”
by Mr. Satish Kumar.

Mr. Satish Kumar, is an 80 years old
activist and Nuclear Disarmament advocate. His most notable
accomplishment was peace walk from Rajghat to the four capitals of
nuclear armed countries i.e Moscow, London, Paris and Washington
covering more than 8000 miles and that too without any money in the
pocket. Late Shri Vinobha Bhave (the Champion of Bhoodan Movement) gave
him two gifts, one was to be penniless wherever they walked and the
other was to be vegetarian. Mr. Kumar has written many books including
No Destination: Autobiography of a pilgrim, Learning from a walk,
Intimate and ultimate Vinoba Bhave, Spiritual compass, three qualities
of life i.e soul, soil, society-a new trinity of our time.

In
his talk, Mr. Kumar reiterated that the whole world is one family
(Vasudhaiva Kutumbkam). Business, Industry and policy makers must focus
on ethics and take care of environment including five elements of
nature, viz. earth, water, air, energy and space. The Global warming and
natural calamities are the result of disrespect of nature and
environment. This has seriously affected this planet. The imbalance of
weather, cutting of forests and mindless exploitation, are leading to
adverse impact on environment causing disasters and devastation. He
advised to pursue spiritual practice without forsaking the regular work.
Ethics and spirituality move together. He advised that nature is a
precious capital of nation. Do your business with different motivation
taking care of the people & nature. He mentioned that all must
respect farmers and engage with soil and one must take care and ensure
that they are appropriately compensated for cultivation. As a nation, we
must focus more on gross national happiness than on Gross Domestic
Product. The lecture meeting was well attended.

Welcoming and introducing the speaker, President shared his view on the ethics and environment.

The talk is available on Web TV.

Report
on 14th Residential Retreat of Human Development & Technology
Initiatives Committee (Leadership Camp 2016) held on 14th, 15th and 16th
April 2016

The 14th Residential retreat of Human
Development and Technology Initiative was held at Moksh Resort near
Pawna Lake, Village Kadadhe, Kamshet, on 14th, 15th and 16th April 2016.
This year, topic of the retreat was `Leading and Co-creating across
Generation’, ‘Art of relationship and Influencing’. The trainers were
Mr. Kiran Gulrajani and Mr. Arjun Som.

About 11 couples, 15 individuals and 3 assistants from Trainer’s office participated. Participants learnt many
concepts including;
Meet each other in silence,
Learn to appreciate with details about special points,
Listen from the heart,
Understand the fine difference between good versus
true,
Compassion,
Engaging with detachment,
Subtle difference between true and false versus right and wrong,

Seven levels of Values at personal, organizational and global level i.e.

1. Survival
2. Relationship
3. Self Esteem
4. Transformation
5. Internal Cohesion
6. Making a difference
7. Service

Value of values as mentioned above.

The
Training venue lent a refreshing experience with green lawns, plants,
trees, beautiful natural surroundings, open space, quiet location and
warm summer afternoons. Cool and breezy evenings set perfect tone for
live music and performances by the participants. During the stay,
participants experienced joy, happiness and satisfaction.

Lecture
Meeting on “Recent Amendments to CENVAT Credit Rules & Reverse
Charge Mechanism in Service Tax” held on 19th April 2016

A
Lecture Meeting on CENVAT Credit Rules & Reverse Charge Mechanism in
Service tax – Recent Amendments was held at IMC, Mumbai on 19th April,
2016.

The
meeting was chaired by our President Mr. Raman Jokhakar who welcomed
the Honourable Guest, Mr. J. K. Mittal-Advocate. Mr. Mittal, a learned
and eminent Speaker, made a presentation on Recent Amendments to CENVAT
Credit Rules & Reverse Charge mechanism in Service Tax. He discussed
the importance and relevance of taxation rules, declared service,
taxable event, Point of Taxation and other important aspects of service
tax law and expressed his expert opinion on the subject. He also talked
about exempted, taxable and common services, cess and interest Income,
referred to the important Judgments, Circulars and Notifications and
enthralled the audience with his wit and humour, citing related examples
and case laws, to answer the questions raised by the participants. He
enlightened the attendees with Procedural Part of Full Reverse Charge
Mechanism and Partial Reverse Charge Mechanism and the impact of the
same on Service Providers and Service Receivers.

It was a very interactive and participative meeting with overwhelming response from the audience.

Society News

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6th RSC ON IFRS held on 18th, 19th & 20th February 2016

The revised roadmap for implementation of Indian Accounting Standards (IndAS), the converged accounting standards in phases to International Financial Reporting Standards (IFRS) has already been released by the Ministry of Corporate Affairs. This has instilled realisation amongst the industry and professionals alike to gear up for the impending implementation of the IndAS. BCAS as a front runner in imparting knowledge had organised the 6th Residential Study Course from 18th to 20th February, 2016 at Hotel Rhythm, Lonavala. The RSC was structured in a manner where sessions were based on case studies prepared by eminent professionals covering different aspects of IndAS implementation. These three case studies based papers involved group discussions through groups formed amongst the participants, led by knowledgeable group leaders. There were two more papers for presentation by eminent faculty which provided the impact of IndAS on the topics allotted to them.

Immediately after the reporting of the delegates on the first morning, there was a session of group discussion on the first paper by Mr. Ramesh Lakshman on “Case Studies on Fair Value in IndAS & its Applications”. The case studies were highlighting the complexities involved in valuing financial assets and liabilities.

Later on, post lunch, there was the inaugural session. The session commenced with the inaugural address by the President of BCAS, Mr. Raman Jokhakar. He expressed satisfaction to the response received to the course from all over India and was particularly happy to have a strong participation from industry. Subsequently, the Chairman of the Accounting and Auditing Committee, Mr. Harish Motiwalla, gave his introductory remarks on the design and structure of the course and the purpose of selection of the topics for group discussion as well as for presentation.

After the inaugural session was the presentation on the first paper by Mr. Ramesh Lakshman, who aptly dealt with the case studies and also covered the issues raised during the group discussion in a very immaculate manner. After his presentation on the first paper on fair valuation, Mr. Ramesh Lakshman dealt with the Presentation paper on “Foreign Exchange Accounting under IndAS”, where he dealt with the salient aspects of the standard on Forex Accounting and also brought out minor differences from the existing accounting standard.

The Second day started with group discussion on paper by Mr. Zubin Billimoria on “Case Studies on Consolidation (Incl. Foreign Subsidiaries)”. The case studies highlighted the intricacies in determining control, which is of utmost importance to consider entities which should form part of consolidation process. Later, Mr. Billimoria made a presentation on his paper and shared his vast experience, which was of immense value to the participants. Mr. Rajesh Muni ably chaired the session.

In the evening, there was a presentation on the topic of “Impact Analysis of Conversion to IndAS on Energy & Commodities Industry (Incl. Disclosure Standards)” by Mr. Sanjay Chauhan. He shared his rich experience in energy and commodity sector by co-relating to the impact on financials on adoption of IndAS. The session was ably chaired by Mr. Kanu Chokshi.

The last day commenced with group discussion on paper by Mr. Rakesh Agarwal on the topic “Case Study on ensuring completeness in identifying GAAP differences between Indian GAAP and IndAS, with Comprehensive Listing of such differences”. Mr. Rakesh Agarwal had circulated major GAAP differences between the existing accounting standards and IndAS. These differences were the base to analyse eight companies’ financials which he had circulated to be discussed in the groups.

Immediately after group discussion, there was a special session which was to felicitate Mr. Nilesh Vikamsey on his election as Vice President of the Institute of Chartered Accountants of India. Mr. Nilesh Vikamsey was felicitated by BCAS President Mr. Raman Jokhakar, along with Co-Chairman of Accounting & Auditing Committee, Mr. Rajesh Muni, Past President Mr. Himanshu Kishnadwala and BCAS Vice President Mr. Chetan Shah. Mr. Nilesh Vikamsey shared his views on the roadmap of the Institute regarding IndAS as well as other important areas of interest for the CA fraternity.

Later, the penultimate session was addressed by Mr. Rakesh Agarwal along with a presentation on the topic and also dealt with the queries raised by the participants during group discussion. The session was chaired by the Past President Mr. Nitin Shingala.

The concluding session was presided over by Mr. Rajesh Muni and he acknowledged contribution of the faculty as well as active participants for the success of the RSC. Some of the participants gave their views on the course and conveyed their satisfaction to the format and structure of the course.

Public Lecture Meeting on “Direct Tax Provisions of the Finance Bill 2016” held on 4th March 2016

Every year, the most awaited event is the budget. What the Finance Minister unfolded on 29th February 2016 with respect to the direct tax provisions was covered in the Public Lecture Meeting held on 4th March 2016 by Senior Advocate Mr. S. E. Dastur. This was the 51st Budget Lecture Meeting of the Society and 28th year of address by Mr. S. E. Dastur. This year the Society has captured pre budget expectations and post budget inteviews from the stalwarts and the youth. Just before the lecture began, a series of views of various people on the budget were taken by Mr. Ameet Patel. All these videos are available on our website as well as Youtube channel and also on social media.

The lecture meeting was witnessed live by 3,000 plus audience at the venue and around 4,000 viewers online over live streaming of the event. President Raman Jokhakar welcomed the speaker Mr. S. E. Dastur. Mr Dastur started his speech by detailing the sections and chapters of the Income-tax Act. As he decoded the fine print and his interpretation on the various amendments, he brought to light the various challenges that were in store for the assessees while implementing these amendments. The various changes made by the Finance Minister were touched upon. This included section 12AA of charitable trust where an organisation ceases to be a charitable organisation and the changes with regards to the same, the changes with regards to lowered rate of tax for newly established manufacturing companies and articulated in detail the impact of the conditions attached to this section. He also addressed the changes with regards to presumptive tax and tax on foreign companies. The provisions with regards to pension funds & dividend distribution tax and the changes there in were also detailed. He further touched upon the various changes in the field of assessment procedures and its impact on the assessee vis-à-vis rights and duties of the assessing officers. Mr. Dastur added that while the government looks to moving to a technological efficient system, it may leave the assessee with no communication left with the department officials. Finally, he concluded the session by giving a title to the bill as a rationalisation bill as it gives rationalisation to pension funds, provident fund and national pension scheme. It speaks about rationalisation of the time limit for assessment and recomputation, rationalisation for time limit in search cases, rationalisation of provisions relating to ITAT , rationalisation of TDS provisions and rationalisation with respect to section 50C. The event ended with a vote of thanks by Jt. Secretary Mr. Sunil Gabhawalla and the enthralled audience left, having witnessed a mesmerising speech on the Budget Direct Tax Proposals.

Lecture Meeting on “Indirect Tax Provisions of the Finance Bill 2016” held on 10th March 2016

President Raman Jokhakar welcomed the speaker, Senior Advocate Mr. Vikram Nankani, an eminent speaker on the subject to throw light on the amendments of the changes by the Finance bill 2016.The lecture meeting commenced with the launch of the new publication of the Society “Partnership Firms – Registration Procedure and Frequently Faced Issues with Registrar of Firms” by Mr. Uday Sathaye, Past President of the Society. The book was launched by the speaker Mr. Nankani.

Advocate Vikram Nankani talked about the positive changes in various sections of indirect tax including Excise, Sales Tax, VAT and Service Tax.He detailed how the changes would impact various industries and sectorial growth. He mentioned the various changes in import and excise and how it would affect imports. He mentioned about how the levy of service tax on senior advocates will impact the availability of senior advocates for arbitration proceedings. This will affect the litigation procedures to a greater extent in the field of indirect tax. The speaker spoke about the various non CENVATA BLE cess and how the entire indirect tax regime is moving towards it. Finally, he concluded that though the changes brought about were impacting sectors and industries at large, how it would place its position in the GST regime was still to be explored. According to the speaker, the budget did not mention anything on the GST changes or implementations which needs greater ground for building a robust indirect tax structure.

The meeting concluded with a vote of thanks by the Treasurer Mr. Manish Sampat who informed the audience about the forthcoming programs of the Society and appreciated the well-articulated talk by the speaker. The meeting concluded with a huge round of applause.

Publication on “Partnership Firms” launched on 10th March 2016

Professionals like CA’s, Advocates, Businessmen are finding it difficult to Register Partnership Firms with Registrar of Firms in Maharashtra due to various issues. This process of registration involves submission of documents and the careful adherence to a procedure which has been laid down.

The publication titled “PARTNER SHIP FIRMS Registration Procedure and Frequently Faced Issues with Registrar of Firms” will help resolving these issues. This publication has been authored by Mr. Udaya Sathaye, Past President of the Society.

Advance FEMA Conference held on 18th March 2016

The Society held its Annual Advanced FEMA Conference jointly with the Chamber of Tax Consultants on 18th March at IMC. This Conference was unique as senior RBI officials attended the morning session and provided their views on several queries prepared jointly by the respective International Taxation Committees of the two organisations. The organisations received overwhelming response to the Conference.


Past President of the Society, Mr. Dilip Thakkar provided his opening remarks and also chaired the interactive session. RBI was represented by a team of senior officials led by RBI Executive Director, Mr. B. P. Kanungo. Mr. Kanungo gave the keynote address dealing with a number of concerns of industry and practitioners. He also provided an insight into the RBI and Government thinking behind the present regulations. He gave an outlook of liberalisations by way of revised notifications which are in the pipeline.

His address was followed by the interactive session wherein the panel of RBI officers provided views on the written queries provided to them in advance. The queries covered all important areas of FEMA including those dealing with ODI, FDI, LRS, ECB and Trade transactions. The Officers answered the queries and also dealt with several questions from the audience.

The post lunch technical sessions was on “Trade Transactions” by Mr. Shabbir Motorwala who succinctly covered the vast subject in the time available with him. The last session was on “ECBs” wherein Mr. Kumar Saurabh Singh covered the recent amendments in the ECB policy and also dealt with the other financing routes available to borrowers. Both the speakers answered queries from the audience and covered the subjects in significant detail. The Conference was received well by all present.

Udat Abeel Gulal held on 19th March 2016

It was once again a proud moment for BCAS and BCAS Foundation to organise a music concert “Udat Abeel Gulal”, together with a few other organisations at Bharatiya Vidya Bhavan on 19th March, 2016 in aid of Dilasa Sanstha, an NGO engaged in relief work for drought affected farmers of Maharashtra. Attended by a large audience, it started with jugalbandi of Santoor and Saraswati Veena by Shri Snehal Muzoomdar, Maithili Muzoomdar on Santoor and Shri Narayan Mani on Saraswati Veena respectively, accompanied by a team of virtuoso musicians and interspersed with Vedic chants by Ved Pandit Dr. Narasimha Ghanpatigal. Explaining the theme “Bairagi se Basant”, Compere Mihir Sheth vividly created background atmosphere for celebration of spring with quotes from Kalidasa and Rig-Veda. Narrating the ethos of the theme and quoting medieval poet Maagh, he said when season of Basant arrives, its enchanting beauty feels us with a sense of bliss, Abeel and Gulal colour our lives, the fire of Holi protects our lives, give us the prosperity and hence, we all invoke Firegod Agni as narrated in Agnisooktam in Rig-Veda whose hymns are often chanted in raga Bairagi.

The Jugalbandi started with raga Bairagi rendered on Santoor and Saraswati Veena interspersed with chanting of Vedic hymns and then deftly moved on to raga Basant and Kafi, which are the popular ragas of the Basant season, accompanied by vocalists Shraddha Shridharni in Hindustani style and Nupur Joshi in Carnatic style. Both the vocalists recreated magic with their rendition of poet Nanhalal’s poems so ably composed by Snehal Muzoomdar. Fine balance of melodious music with perfect percussion and dramatic entry of vocalists on the stage left the audience completely mesmerised when it reached the crescendo in the end.

The second session “Hori Rasiya and Haveli Sangeet” began with an introduction of the session by compere Mihir Sheth, touching the hearts of the audience with his imaginative description of Hori (Holi) as a festival and narration of how it was played by Krishna and Gopis in Brindavan. Creating the atmosphere of ras, rang and sangeet, he said that going by the calibre of the artists present, the music of the second session was certain to fill the hearts of all present with unexplainable bliss appropriate to the festival of Holi. It indeed turned out to be ecstatic. The second session began with Hori and Rasya and Haveli Sangeet devotedly sung by Smt. Sraboni Chowdhury and Shri Saurabh Chaturvedi evoking great response from the audience. Each artist performed with a unique style, creating a sheer magic on audience which was deeply intoxicated with nectar of bliss as promised.

This event also provided opportunity to the audience to see the presentation of the great work being done by Dilasa Sanstha. Mr Ramesh Kacholia on behalf of Dilasa Sanstha explained the situation of drought in Maharashtra and the plight of the farmers. He explained the work being done and made an emotional appeal to the audience to be sympathetic to their cause.

EYE Camp 2016 at Vansda – Dharampur on 20th March 2016

The Human Development & Technology Initiative Committee continued with the annual CSR activity of supporting Eye Camp for the tribals and the needy people from the rural area surrounding Vansda, Dist. Navsari.

The Eye Camp was held from 18th March to 21st March 2016 at Sant Ranchhoddas Bapu Eye Hospital, Vansda, Dist. Navsari. This unique hospital dedicated to the poor and the needy was founded under the aegis of Dhanvantari Trust by respected Dr. Kanubhai Vaidya. Dr. Vaidya gave up a thriving medical practice in Mumbai and dedicated himself entirely to the socio-economic development of rural areas.

The Committee had set a target of one Eye Camp with a Budget of Rs.51,000/- for cataract surgery of 51 patients. However, with divine grace and kind support of all donor friends, it was able to collect Rs.2,17,200, which can take care of 217 patients i.e. little over four Eye Camps.

A team of nine volunteers from the BCAS visited the Eye Camp and the Hospital on 20th March 2016 to commend the excellent work being done by Dr. Kanubhai and team. Dr. Kanubhai narrated several other rural upliftment projects being undertaken by his NGOs. The team of volunteers and the Committee were inspired and will be exploring avenues for extending support for such worthy causes. Interested members are requested to contact CA. Meena Shah at cameenashah@gmail.com for further details.

Society News

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Sixteenth Intensive Study On Double Tax Avoidance Agreements held on 5th December 2015 to 30th January 2016 (6 Saturdays)

Sixteenth Intensive Study Course on DTAA’s was successfully conducted at IMC from 05.12.2015 to 30.01.2016 on six Saturdays from 9.00 am to 6.00 pm having 24 lectures on various articles of the DTAA ’s and other related topics.

In all 67 participants attended the course, of which 2 participants were from Pune and 1 from Hyderabad, 23 participants were members of BCAS and 44 were nonmember participants. The number of male participants was 38 and female participants 29.

The DTAA course was conducted in its unique classroom style set-up with eminent speakers, expert in International Taxation. As per the feedback received from participants, the course was highly appreciated and well received by them.

Wonders of the Night Sky held on 30th January 2016

The event, ‘Wonders of the Night Sky’ took place on the intervening night of 30 and 31 January 2016 at Umbroli village near Badlapur. The event was attended by BCAS members/ non-members and their respective families and friends. People from all age groups converged under the dark sky to observe the celestial beauty in full glory – stars, constellations and planets of our Solar System.

The event was led by the stellar guides from ‘Khagol Mandal’ – one of the biggest amateur astronomer group in Mumbai. Participants were made aware about the history and basic concepts on astronomy – development of astronomy over the centuries, types of stars (red giants, white dwarfs, binary star system), fathoming the gigantic distance between celestial objects (a distance measured in terms of speed of light – around 3 lakh km per second), patterns of stars – constellations or Nakshatras, types of telescopes, etc. During the Q&A session, participants were made aware about the lifecycle of a star, what are black holes and the fact that all of us are made of star dust!

Our stellar guide started unraveling secrets of the night sky. With the help of a Star Wars type laser tool – whose light seems to touch the stars, participants were able to identify and marvel at many constellations such as Cassiopeia, Orion, Virgo, Krittika (Pleiades).

Further, it was a treat to observe some of the brightest stars visible from earth – Sirius, Vega, Capella, Rigel, Betelgeuse and Rohini (Aldebaran). It was breath-taking to observe an open star cluster – where thousands of stars appear together, binary or two star system, Jupiter and its 4 moons, Mars and the beautiful rings of Saturn. Participants also enjoyed observing the moon and its craters in detail. Some of the participants were also given an opportunity to manoeuvre the telescope.

It was a wonderful and a memorable experience observing the night sky for the participants, which has sadly become difficult to experience in our light polluted city.

Intensive Workshop on “Internal Financial Controls, IND AS and Refresher on The Companies Act, 2013”– Coimbatore held on 5th & 6th February 2016

A workshop as it mentions was an intensive workshop, covering various components of an Internal Financial Controls, IND AS Overview and Refresher on the Companies Act, 2013. A workshop well designed keeping in mind the requirements of the New Companies Act, 2013 from the perspective of management compliance and Auditors’ certifications requirements. The Speaker Mr. Zubin Billimoria, Ms. Nandita Parekh and Mr. M. R. Thiagarajan shared their knowledge and experience over a period of 2 full days, in the most practical manner. Every topic was well covered and explained to the participants by way of practical examples well designed to understand the complexities of the Internal Financial control and IND AS in a simplest way.

The workshop held at The Residency, Coimbatore on February 5th and 6th, 2016, was well attended by 33 participants from various Industries and Practice arena and from various locations spread across South India. Speaker Mr. Zubin Billimoria explained the participants on the various nuances of IND AS implementation, Speaker Ms. Nandita Parekh covered the topics like Entity level controls, walkthroughs and testing methodology, Materiality, Financial Statement Assertions reporting on internal controls, etc. in detail and Mr. Thiagarajan explained the amendments to Companies Act, 2013. The interactions between the participants and speaker were commendable and considering the positive feedback received, the future plans for similar workshops in various other cities have already been kicked off.

Interactive presentation on success in CA exams held on 6th February 2016:

Report on interactive session for students’ on Success in CA exams;

ICAI declared the result of Final CA Exams on 16th January and of IPCC on 1st February 2016. Appreciating the need of the students, HDTI Committee of BCAS jointly with Rajasthan Vidhyarthi Gruh organised on 6th February 2016 Saturday, a half a day interactive session on the topic of ‘Success in CA exams’. It was held at the RVG Hostel auditorium.

The objective of this programme was to motivate and encourage the students who missed to succeed in the exams and also to guide them to prepare and perform better in exams. About 190 students took the benefit by attending this programme.

In the first session CA. Mayur Nayak effectively explained, many important points aptly punctuated with humour. He explained the importance of clarity of goal, attitude to win, discipline, consistency, effective time management and how to overcome distractions. He guided them to have Balanced food, effective study and relaxation. He emphasised that harmony of physical, emotional, intellectual and spiritual alignment would help them to face any challenges in life including that of exams.

In the second session CA. Shrinivas Joshi focused on CA exams. He explained at length as to how to prepare with qualitative studies for exams including use of appropriate reference materials. He shared the information that excellent study materials and faculties are available freely to clarify and guide on a variety of subjects covered in the syllabus. He explained at length as to what the examiner expects from the students and also cleared their doubts on misinformation and wrong impressions in the minds of the students about the ICAI exams and its results. He shared the important tips as to how to write the papers and manage time of three hours in exams. He answered all questions raised by the students.

Earlier in the inaugural session, the President welcoming students shared some inspiring real life success stories of some of the people who had braved all the odds and hardships and had successfully achieved their dreams. They received accolades and appreciations.

In this programme, students received excellent guidance, motivation and encouragement. They left the auditorium with greater resolve and determination fully charged.

Study Circle on Service Tax Implication on Redevelopment of Housing Societies – Session II held on 6th February 2016

Indirect Tax Study Circle Meeting was conducted at the IMC on 6th February 2016 to discuss various issues relating to redevelopment of property. The Meeting was led by CA. Shri Jayesh Gogri and chaired by Adv. Shri Badrinarayan L. The meeting was continued from the previous meeting which was conducted in the month of December 2015. Considering the significance of the topic and participation of the members, the meeting was conducted for two full sessions of around 90 min. each. In the first session, members discussed decision of recent decision of Supreme Court in Larsen & Toubro’s case on indivisible works contract. Adv. Badrinarayan addressed the members on intricacies involved in the subject matter for discussion and ratio of the judgment. In the second session, CA. Jayesh Gogri, took the members through various issues listed out for discussion. Presentation prepared by CA. Jayesh Gogri was appreciated by members and was circulated to all. Study Circle received encouraging response from the members and facilitated more than 90 Hours of professional learning, as more than 30 members participated in the meeting.

Lecture meeting on “My Experiments in Universal Love” under the auspices of Amita Memorial Trust held on 11th February 2016

The annual talk held under the auspices of Amita Memorial Trust jointly with Bombay Chartered Accountants’ Society and Chamber of Tax Consultants was held on February 11, 2016.

The speaker for the evening, CA. Rashmin Sanghvi narrated his personal experiences of the past 29 years – experiences of compassion, of service, and most of all, of universal love. Starting from helping street dwellers on Mumbai by giving them blankets on wintery nights, Rashminbhai soon felt the pain of the underprivileged and responded to the pain with strength of conviction and commitment. He took the audience through his work in the areas of educating the slum dwellers, helping the uneducated, underprivileged people become selfsufficient, implementing water management projects in the interiors of Gujarat and mentoring/supporting individuals and NGOs working in these areas. His talk, attended by more than 250 people, created awareness of the vast problems, showed the impact that one person’s love and commitment can make and inspired many to rethink their mission and priorities in life. His simplicity, humility and inner strength left a lasting impression.

The inspired talk ended with remembering CA. Amita (Shah) Momaya, a young member of the BCAS family, who also spread the message of Universal Love during her short but inspiring life. She left this world on January 31, 1987 but continues to spread messages of peace and purpose after 29 years of her departure.

One Day Seminar on “Media and Entertainment Industry” held on 12th February 2016

The Seminar on Media and Entertainment Industry was conducted by the International Taxation Committee of the BCAS on 12 February 2016 at St. Regis Hotel (Palladium Hotel). This seminar was organized jointly with Accounting & Auditing Committee and Indirect Taxation Committee. The speakers at the seminar and the topics covered were as under:

Mr. Jehil Thakkar on Know the industry – current issues – Business models, cash flows, vehicle for investments, etc. (Industry overview and typical situations)

Mr. Sachin Shah on Direct Tax Issues in media and Entertainment Industry, including: Cross border taxation of entertainers, sportsmen and news channel T ransfer pricing provisions, as may be applicable

Mr. Utkarsh Sanghvi on Indirect tax issues in media and entertainment industry, including: Service tax, VAT and customs.

Mr. Koushik Balasubramanian on Accounting & Auditing aspects-Revenue recognition, Multi rights, Valuation etc.

The seminar was attended by more than 50 participants. The seminar became very informative and provided an overview of industry as a whole and detailed technical analysis on taxation, accounting and auditing aspects. The Seminar provided an insight into the industry and focused on the issues faced in the industry and the current trends in respect of the Media and Entertainment industry. The sessions at this seminar were all interactive and generated good amount of debate among the participants and the presenter.

Study Circle on “Liberalisation in foreign direct investment and recent amendments” held on 16th February 2016

CA. Pankaj Bhuta and CA. Natwar Thakrar led the study circle meeting on “Liberalisation in Foreign Direct Investment And Recent Amendments” on 16 February 2016. The group leaders discussed Press Note No. 12 (2015) by which the Government has announced liberalisation policy for FDI in many sectors including Real Estate and LLP. The Group discussed and deliberated about FDI policy qua investment in LLP, definition of “Control” and “Owned” in relation to the LLP, downstream investment by LLP, Investment by NRI etc. In all the participants benefitted immensely with the interactive session.

Lecture Meeting on “Important Case Laws of 2015 on Indirect Taxes” held on 17th February 2016

Lecture Meeting on Important Case Laws of 2015 on Indirect Taxes held on Wednesday, 17th February 2016 at IMC Hall Churchgate Shri. K. Vaitheeswaran dealt with various important case laws of 2015 on Indirect Taxes. He discussed and deliberated upon case laws in the field of Central Excise, Customs, Service Tax and Sales tax. He dealt with intricacies of the cases with an impact analysis.

He explained the concepts of valuation, works contract, Intellectual Property Rights, etc. during the course of his presentation. His experience was well displayed during the question answer session.

Lecture Meeting on “Important Income Tax Decisions of 2015” held on 24th February 2016

Lecture Meeting on Important Income Tax Decisions of 2015 was held on Wednesday, 24th February 2016 at the Jaihind College Auditorium.

Shri. Hiro Rai dealt with the recent Supreme Court rulings upfront payments, income from house property vis-a-vis business income, 80IB(10), penalties, etc, which will have a far reaching impact on various pending/controversial issues. He then discussed certain Bombay High Court decisions on bogus purchases, sale of FSI/TDR and search. He pointed out that the recent amendments to section 263, if not used judiciously, will give wide powers to the Commissioner to reopen and reassess the completed assessment. He ended his talk with certain recent important rulings on Transfer Pricing. The session was truly enthralling.

‘Samvad’ with Hon. Minister, Mrs. Sushma Swaraj

BCAS was invited to present before Mrs. Sushma Swaraj, Cabinet Minister for External Affairs, who was asked by the PM to conduct a ‘Samvaad’ session to receive direct feedback from the Chartered Accountants fraternity on tax matters. She appreciated the points suggested by the Society especially on the attitude of the tax officers towards the assessees. President Raman Jokhakar, Vice President Chetan Shah, Jt. Secretary Sunil Gabhawalla and Co Chairman of Taxation Committee Ameet Patel represented the Society. The Hon. Minister was appreciative of the various points presented on Direct and Indirect Taxation in brief and she reiterated some of the points given by the BCAS team in her concluding remarks. The Society was requested to send those points in summary form through the Hon’ble MP Mr. Kirit Somaiya, who initiated this innovative interactive meeting. The President personally handed over Pre-Budget Memorandum prepared by the BCAS, to the Hon’ble Minister. The Minister mentioned that a meeting such as this one should be held between the CAs and the makers of tax laws so that points could be deliberated in detail.


Study Circle on “Liberalisation in Foreign Direct Investment and Recent Amendments – Session II held on 25th February 2016

Mr. Pankaj Bhuta and Mr. Natwar Thakrar continued the discussion on “LIBERALISATION IN FOREIGN DIRECT INVESTMENT AND RECENT AMENDMENTS”. The group leaders discussed recent amendments notified by the RBI through Notification No. 361 and 362 under which FDI in many sectors have been liberalised. The group discussed and deliberated about amendment in “Investment by a Non-Resident Indian (NRI) on a Stock Exchange on Repatriation basis under the Portfolio Investment Scheme (Schedule 3, FEMA/20 “Investment by a Non-Resident Indian (NRI), on Non-Repatriation basis” (Schedule 4/FEMA20) , FDI in LLP (Schedule 9/FEMA20), FDI in other sectors. The group leader also presented a comparative analysis between the new Notifications and Press Note 12.

Society News

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Study Circle on “International Economics” held on 30th May, 2016

1. BCAS – International Economic Study Circle had taken up the following subject for discussion: “How the Prime Minister’s dreams can assure 12% GDP growth for the next 20 years”. Mr. Rashmin Sanghvi, Member, made a presentation on the subject on 30th May, 2016. The speaker explained to the meeting that the PM had not made any claim about GDP growth. If however the dreams he had about the country were fulfilled, then in the speakers opinion India would achieve a GDP growth of 12%.

2. The presentation was circulated in advance to the members. In brief, he explained as under:

3. Prime Minister has more than 16 different dreams. These dreams are listed below:

Dream Projects: (1) House for every family by year 2022; (2) Toilets for every house; (3) Road Network; (4) River linking Projects; (5) Sea-coast Transport; (6) Employment for everyone; (7) Bringing Indian residents’ foreign wealth into India; (8) Smart Cities; (9) Infrastructure; (10) Digital India; (11) Mobile Banking; (12) Aadhaar – Related Banking; (13) Direct subsidies to Beneficiary; (14) Financial Inclusion; (15) Electricity for all; (16) Start-up India.

Mr. Sanghvi showed detailed calculations of how the execution of this dream can boost Indian GDP tremendously. At this stage, he clarified: “I am not a politician. I am neither a supporter/fan nor a critic of any politician. This analysis is a pure analysis by an accountant.”

4. The core themes are as under:

4.1 GDP Growth means increase in GDP :

India has half the population that does not get proper food, clothing, housing, education and medical services. Providing these to the people of India means – someone has to spend money. One person’s expenditure is another person’s revenue. As a nation, it is GDP.

4.2 Every expenditure by Government is Revenue for someone. The Revenue will attract, Excise & Sales Tax. Net profit in the revenue will attract income-tax. When money is created, there are multiplier effects.

4.3 India is blessed by nature. We have enough resources to provide for the whole population and more. We have resources. We have needs. Now what prevents us from matching the two? Need is converted into demand when the needy person has income to buy.

4.4 If we use all domestic resources and provide necessities for the whole country, for the next twenty years, we can have a continuous GDP growth @ 12% or more. In this presentation, only attempt is to show that India can continuously grow for next twenty years. Attempt is not to praise or criticize Government plans but to see if a practical way emerges for India’s growth.

4.5 Housing – Paradox.

Today, crores of people are without houses. And simultaneously, housing sector is in recession. Lakhs of flats are lying vacant, unsold, unleased. This is classic case of unbalanced market. Problem is, the builders want to build luxury and super luxury houses. They are not interested in low cost housing for the poor. And the cartel of Builders-Politicians and Bureaucrats has artificially jacked up the prices beyond the reach of the buyer.

5. The Study Circle considered following statistics:

5.1 As per census report of the year 2011, India’s population in the year 2011 was 121 crores. This population is growing annually at 1.82%.

The present homeless figure of 65 crore will grow @ 1.85% in the year 2022 to 80 crores., requiring 16 crore houses, which will be 2.66 crore houses per year, which will translate into a construction cost of Rs.9 trillion per year considering a house of 270 sq feet per household. Comparing the additional house construction of Rs. 9 trillion –with the present GDP of Rs. 134 trillion – there will be an additional growth in the GDP of 6.7%.

5.2 Construction Material:

Construction of houses requires additional production of cement & steel. At present, due to recession, many steel & cement plants are running far below their capacity. They are incurring losses. A substantial amount of increased production can come from better utilization of existing capacities. However, additional construction of require additional installation of capacities for cement & steel.

These two commodities are taken as an illustration. For a house construction, many other things are also required.

5.3 Transport:

This additional material will also require massive transport through railways & roadways. It will require fuller utilization of wagon manufacturing & truck manufacturing. We will also need to install additional capacities for manufacture of wagons & trucks, for laying railway lines and so on.

With detailed calculations, Mr. Sanghvi explained the multiplier effect of a single dream translating into massive economic expansion. When 16 dreams are attempted together, imagine the massive expansion possible.

This figure of Rs. 9 trillion additional GDP comes from only part of the first dream. That is enough to cause 6% GDP growth. When 16 dreams are taken together, there can be 12% GDP growth.

In fact, Central Government total budget including budgetary deficits is Rs. 16 trillion. Hence nobody can expect Government to spend Rs. 9 trillion on single dream. Forget total spending of 16 dreams.

The factor beyond accountancy & economics is that: when someone has dream to serve the society at large, and then does more than his best, help comes from unknown, unexpected sources and work gets done. Or, one can say that God Helps. And the dreamer goes beyond his dreams.

So far, no one in India had the courage to dream. This PM has several dreams. This itself is very important.

7. Revenue:

Increased GDP means increased incomes in the hands of the people and increased income-tax revenue for the Government. Increased production of steel, cement, etc. and sale of houses mean -increased excise and sales tax revenue – for the Government of India. By one estimate, out of the total GDP, Government gets 15% as tax revenue. To this extent, first year’s increased expenditure finances second year’s revenue.

8. Capital:

India is considered a capital deficient country. We need substantial import of capital. Present policy of Government of India & Reserve Bank of India encouraging depreciation of Indian rupee is causing substantial losses to the foreign investor. Both – GOI & RBI together must adopt a policy of stabilizing the rupee & causing annually 1% to 2% of appreciation of Indian rupee. Such a policy can cause massive inflow of capital into India. With such dreams the Indian economy can create a situation of sustained high growth in the economy, stabilization & appreciation of Indian rupee; and overall gross domestic happiness.

The study circle meeting concluded on a note of optimism.

Workshop on “Practice Management & Technology” held on 18th June 2016

CA Raman Jokhakar, President BCAS welcomed the participants. CA Nitin Shingala gave opening remarks for the workshop. CA Ameet Patel set the tone by highlighting relevance of the topic, need and concerns to be addressed on practice management in the changing era of time – realignment of human capital, a paradigm shift in the profession from auditing and tax practice to specialized service providers and niche services. He emphasized on the need to overcome the restraints, hindrances and obstacles and using technology to the advantage of the profession.

Session-1: Running a Niche PSF

Mr. Nishith Desai provided valuable insights on settingup and managing a professional firm. His concept of operating a ‘Nano Firm – Small Size, Big Impact’ was an exceptional element of his presentation. His session enabled participants to have one-on-one interaction with Mr. Desai and learn from the vast pool of experience he has to offer.

Session-2: Running a Niche PSF

Ms. Nita Menezes through the journey of their organization, explained how to deliver services to clients by emphasizing on risk reduction of clients and not only higher returns. She also explained the approach adopted by the organization – Plan, Process and Develop Product, deliver services for successful functioning and client satisfaction. She explained practical insights for SME firms to start, build and keep the firm aligned for growth.

Session-3 & 4: Aligning Human Capital

CA Vaibhav Manek explained the importance of aligning a firm’s human capital and the benefits derived thereof. He touched upon topics like partner revenues, employee attritions, utilizing individual’s strength to firm’s benefit, employee evaluation, compensation and benefits. .

This helped the participants to gain insights and better understanding on need to realign human capital, commanding higher fees and developing higher per partner revenues, niche practice development for concentrated efforts of specializing in service areas, consolidation of firms and its operations to become full service firms with partners focusing on specific service areas and sub-service areas.

Session-5: Tools for Practice Management

Mr. Debajit Roy explained the concept of iFirm, a tool for practice management and how it can be used to enhance firm’s practice in terms of technology, time and turnover.

Session-6: Technology for CA Firms
CA Rajeev Sharma touched upon IT enabled business trends for decades ahead and opportunities that can get generated due to technological developments; need to have cloud based/ semi cloud based outsourcing service. He took up few survey analysis reports and projections on advancements in technology, profession and services.

He also emphasized on tools for practice management in SME sector, Client Relationship Management Software for professional firms.

Session-7: Panel Discussion

CA Nandita Parekh, CA Ameet Patel & CA Nitin Shingala took up the panel discussion round for the participants where various topics and issues faced by practicing professional firms were addressed – How to grow and partner in a firm, challenges and opportunities of collaborating, taking new partners and expanding, necessity for defining strategy for professional firms, passing on leadership and retirement, to have compliance driven practices, use of technological advancements for better servicing of client requirements.

The overwhelming response from diverse spectrum of participants – practice, local and out station participants, BCAS members and Non-members showcased the interest in the subject cutting across wide spectrum of stakeholders. The workshop was attended by 95 participants.

CA Kinjal Shah proposed vote of thanks to all the speakers and participants for making this workshop a grand success.

Lecture Meeting on “Insolvency & Bankruptcy Code, 2016-Boost to ease of doing Business” held on 22nd June, 2016

A lecture meeting on “Insolvency & Bankruptcy Code, 2016-Boost to ease of doing Business” was held on 22nd June, 2016 at BCAS office which was addressed by Mr R K Bansal, Executive Director, IDBI Bank Limited. Mr Bansal explained about the meaning, importance and relevance of Bankruptcy Law in the present scenario.

He also deliberated upon the present procedure of Bankruptcy Law and told that before a company goes into liquidation, the debtors and creditors follow a complex procedure which involves the following:

a) JLF/CDR
b) SDR
c) SARFAESI
d) DRT
e) BIFR
f) Winding Up

In the present scenario, creditors extend the funding, restructure the debt but the entire process to achieve turnaround is solely dependent on the capability of the present promoters except in case of SDR where lenders search for a new promoter for the company.

He discussed about the measures to take the commitment from defaulting promoters i.e. marking the accounts as Special Mention Accounts (SMA and SMA2) where bankers form a joint lender forum with revival plan for Promoters who are unable to repay the debts, through restructuring of NPAs

He also enlightened about the proposed procedure to file a bankruptcy application with NCLT ( National Company Law Tribunal ) or DRT ( in case of Firms and Individuals). 

He further mentioned that one of the fundamental features of the Bankruptcy Code is that it allows creditors to assess the viability of a debtor as a business decision, and agree upon a plan for its revival or a speedy liquidation. The Code creates a new institutional framework, consisting of a regulator, insolvency professionals, information utilities and adjudicatory mechanisms that will facilitate a formal and time bound insolvency resolution process (1st stage of Bankruptcy) and liquidation (2nd stage of Bankruptcy). When insolvency process fails, the liquidation procedure comes into force where the assets of the debtor (including the proceeds of liquidation) vest in the liquidation estate. A total of 50 participants attended the meeting

The meeting concluded with a formal vote of thanks by Mr K K Jhunjhunwala

Overall the lecture was very informative and well appreciated by the Audience.

10th Residential Study Course on Service Tax & VAT held on 24th June, 2016 to 26th June, 2016 at Lavasa

The Indirect Taxation Committee (IDTC) of BCAS successfully conducted the 10th Residential Study Course on Service Tax & VAT , at Hotel Mercure and International Convention Centre at Lavasa, from 24th June 2016 to 26th June 2016.

This series of Residential Study Courses (RSC), which is fully devoted to the studies of indirect taxes, is becoming more and more popular among the members of BCAS. . The venue, Lavasa, located about 65 kms. from Pune, at a height of about 2100 ft. amidst the Shayadri Mountains, and the monsoon rains gave the perfect blend of nature and atmosphere for focused studies and fellowship.

A new feature, added this year, i.e. the concept of ‘group mentors’ received kudos from all the participants. The group discussions reached a high level of maturity and the knowledge sharing could become much more meaningful. The five ‘group mentors’ namely CA Ashit Shah, CA Bharat Shemlani, CA Naresh Sheth, CA Rajiv Luthia and CA Udayan Choksi provided valuable guidance to all the groups throughout the program.

Day 1 – 24th June, 2016

The RSC started in the afternoon with group discussion on the paper titled “Case Studies on Taxation of Services” written by CA A. R. Krishnan. The group leaders were CA Ankit Joshi, CA Anil Kumar Beewada, CA Mandar Telang, CA Manindar Kakarla and CA Nilesh Suchak. Case Studies on taxability of different services and various “live” situations faced by tax advisers on daily basis were articulated. Valuation, Exemption, Point of Taxation and Place of Provision of Service were debated with active participation of all the delegates.

This was followed by the Inauguration Session – lighting of the lamp at the hands of CA Dilip Sheth, a very senior member of the BCAS, President CA Raman Jokhakar and the Chairman of the Indirect Taxes Committee – CA Govind Goyal. The lighting of the lamp was followed by a brief key note address by CA Dilip Sheth.

Inaugural session was immediately followed by the first technical session wherein CA A. R. Krishnan (the mentor of IDTC) gave his views on the case studies in his paper and also replied to other related issues raised during the group discussion. His masterly analysis of various provisions of law and his guidance to participants on “thought process and the reasoning that should go while arriving at a conclusion’” will always be remembered by all those who participated in this RSC. The session was chaired by the president CA Raman Jokhakar.

Day 2 – 25th June, 2016

The morning started with the group discussion on the paper “Case Studies on CENVAT Credit” written by CA S. S. Gupta. The group leaders were CA Ganesh Prabhu Balakumar, CA Keval Shah, CA Shreyas Sangoi, CA Shruti Kakaria and CA Vaibhav Jajoo. The issues were debated since most of the issues had a variety of angles involved and had day-today relevance.

The second technical session was a presentation paper by CA Divyesh Lapsiwala on “Indirect Tax Benefits in Foreign Trade Policy”. In his inimitable style, he briefly explained the five most common schemes of the Government’s Foreign Trade Policy which can benefit the exporters i.e. (a) Export Promotion Capital Goods Scheme (b) Services Exports from India Scheme (c) Status Holders (d) Software Technology Park Scheme and (e) Special Economic Zone Scheme. This session was chaired by CA Hasmukh Kamdar.

In the third technical session CA S. S. Gupta provided solutions to the issues raised in his paper on case studies on CENVAT Credit. The issues were explained in details and also the new issues that have surfaced due to recent amendments through Finance Act 2016. This session was chaired by CA Uday Sathaye, Past President of BCAS.

The afternoon was free for the participants to explore the hill city of Lavasa, take a walk on the river side promenade and enjoy the wonderful atmosphere. In the evening a musical evening was organized “for the members by the members”. The members here got an opportunity to show case their hidden talents.

Day 3 – 26th June, 2016

The last paper for Group Discussion was written by by CA Parind Mehta on “Case Studies on Sale v/s Service – Composite Transactions (Taxability under VAT and Service Tax)”. The Group Leaders were CA Chirag Mehta, CA Samir Kapadia, CA Sanjay Dhariwal, CA Vikram Mehta and CA Yash Dhadda. The case studies highlighted certain very relevant issues which a transaction could have and were probably not even envisaged by many participants.

During the fourth technical session, CA Sagar Shah presented a paper on “Role of CAs in GST – Realignment Requirements”. A very crisp and brief analysis of how as a professional we need to gear up for the challenges as well as opportunities this new law will generate for Chartered Accountants. This session was chaired by CA Sunil Gabhawalla.

Thereafter, in the fifth and the final technical session, CA Parind Mehta replied to all the queries raised by the participants and also gave his views on the issues raised in the case studies. The reference material provided along with his paper listing out a whole lot of case studies would be a very useful to all the participants. This session was chaired by CA Deepak Thakkar.

The RSC concluded with the Chairman of Indirect Taxes Committee CA Govind Goyal thanking all the paper writers and delegates for their co-operation and active participation, chairmen of technical sessions, the group mentors, the group leaders, all committee members, the BCAS staff, management of the Hotel and the Convention Centre and all others who made this RSC a very successful event. He specially thanked the President CA Raman Jokhakar for his wholehearted support. The President CA Raman Jokhakar thanked the chairman, conveners and all members of IDTC for their untiring efforts to make this RSC a memorable one. A total of 175 participants attended the Study Course.

After lunch, the participants departed to their respective destinations cherishing the memories of the 10th RSC, with a promise to meet again next year at the 11th RSC.

IT STUDY CIRCLE WORKSHOP ON “SUPER ADVANCED EXCEL FOR PROFESSIONALS ’ PART III” HELD ON 28th JUNE, 2016

The Technology Initiatives Study Circle of the BCAS recently held a multi-session workshop on ‘Super Advanced Excel for Professionals’ by the learned speaker CA Nachiket Pendharkar.

Nachiket is a Microsoft certified corporate trainer for MS Excel and Excel VBA. He is the founder & CEO of ViN Learning Centre, a corporate training institute based in Mumbai. Nachiket was shortlisted in the top 30% candidates across the world in the Excel Model Off competition (a global competition on financial modelling using MS Excel) in their 2015 edition.

This was the third session of the series, held on 28th June 2016. The first two sessions were held on 24th May 2016 and 7th June 2016 respectively.

This third session covered unique topics such as Alternatives to nested if, Data Tables – multi variable simulations, ASAP utilities Add in, Table and Table Tools and Array formulae, Advanced features of Pivot Tables.

The session witnessed a large audience which saw good interaction between the speaker and the participants. The speaker answered a lot of queries that were posed by the participants. A total of 30 participants attended the Workshop. All participants have benefited immensely through these enriching sessions.

Lecture Meeting on “Model GST Law” by Shri Shailesh Sheth on 29-6-2016

BCAS organised a lecture meeting on 29-6-2016 on the Model GST Law at IMC. At a juncture when the fate of the 122nd Constitutional Amendment Bill is yet to be known and everyone is waiting for its passage in this monsoon session of the Parliament, on 14-06-02016, the Model GST Law was placed in the public domain by the government after the nod of the Empowered Committee. Shri Shailesh Sheth gave wonderful insights on the model law. The views of the speaker on the Model GST Law were commendable and a guiding force for all. The speaker in a nutshell described to the members present the various provisions of the model law and how the model law has been drafted as a mixture of the existing indirect tax laws like State Level VAT , Central Excise and Service tax. The meeting received an overwhelming response with the venue packed with around 250 audience.

The session ended with a vote of thanks to the speaker by Mr Chirag Mehta

Full day “Seminar on the Finance Act, 2016” with emphasis on Income Declaration Scheme held on 1st July, 2016

The Full day seminar on Finance Act, 2016 was held by the Taxation Committee at BCAS Gulmohar Hall. President Raman Jokhakar gave the opening remarks followed by introductory words from the Chairman of the Taxation Committee, Mr. Sanjeev Pandit.

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

Mr Yogesh Thar: Provisions relating to The Direct Tax Dispute Resolution Scheme, 2016, Equalisation Levy, Residence & Chapter XXBC, Transfer Pricing, Return of income, Advance Tax, Assessment and Intimation u/s 143(1) and Provisions dealing with special rate of tax like 115BA, 115BBDA etc.

Mr. Yogesh Thar explained the important features of The Direct Tax Dispute Resolution Scheme, 2016 and Equalisation Levy. . He further discussed the provisions related to special rate of tax for certain companies under Section 115BA and Section 115 BBDA dealing with additional 10% tax on dividends in the hands of recipient. He also brought out various issues arising out of the above amendments and answered the queries of the participants.

Mr Rajesh Kadakia: Amendments related to Charities (with special reference to Chapter XII-EB), Immovable Properties (Sec. 50C), Capital Gains related provisions and Deduction of profits from housing projects of affordable residential units –Sec. 80IBA etc.

Mr. Rajesh Kadakia started his talk by highlighting the amendments relating to charitable institutions. He explained the intention and rationale behind the said changes and highlighted the effects of the same for the existing charitable institutions and their activities. He gave an insight into the provisions relating to Immovable Properties (Sec. 50C), Capital Gains related provisions and deduction of profits from housing projects of affordable residential units – Sec. 80IBA etc.


Mr Praful Poladia: Provisions relating to The Income Declaration Scheme, 2016, Presumptive Taxation and related provisions as to tax audit and maintenance of books of account, buy back of shares.

Mr. Praful Poladia started with case studies highlighting the amendments to Presumptive Taxation for persons engaged in business and profession and related provisions i.e. tax audit and maintenance of books of account. He also gave detailed examples in relation to amendments to buyback of shares and how it affects business structuring. He explained to the participants the new Income Declaration Scheme, 2016 and took them through three sets of clarifications issued by CBDT on the Scheme.

Ms Sonalee Godbole: Amendments in relation to Penalties (with special reference to Sec. 270A), Chapter VI-A deductions, Provisions relating to Income from Business & Profession (other than Presumptive Taxation), Income from Salary, Rules regarding Provident Fund, Income from House Property, TDS provisions
.

Ms. Sonalee Godbole gave a detailed presentation on amendments in relation to penalties (with special reference to sec. 270A), Chapter VI-A deductions, provisions relating to Income from Business & Profession (other than Presumptive Taxation), Income from Salary, Income from House Property and TDS provisions. The speaker touched upon a wide number of judgments during the course of her talk. She also answered all the questions raised by the participants.

There was also a session on Income Declaration Scheme, 2016 where the Principal CCIT Mr D. S. Saksena along with Pr. CIT – 1 Mr. D.C. Patwari addressed the participants about the features and procedural aspects of the said Scheme. They also answered the queries raised by the participants and were receptive to the clarifications sought by them. They told that the issues where clarifications are necessary would be forwarded to the CBDT for further clarification. They also asked the participants to make their clients aware of the scheme and assured that the details provided by assesse under the scheme would be kept confidential. Mr Patwari also briefly spoke about the Dispute Resolution Scheme, 2016.

The sessions in the Seminar were very interactive and the speakers answered a lot of queries that were received from the participants. The participants benefited immensely with the interactive sessions and detailed discussions with the speakers and Income Tax Department Officials. The event saw attendance by over 100 participants.

68th Founding Day Lecture Meeting on “Achieving Sustainable Profitable Growth on a Perpetual Basis” held on 7th July, 2016

A lecture meeting on Achieving Sustainable Profitable Growth on a Perpetual Basis was held on 7th July, 2016 at Walchand Hirachand Hall, 4th Floor, IMC, Mumbai after Annual General Meeting and Foundation Day of the Society. The meeting was addressed by Mr Harsh Mariwala, renowned industrialist and Chairman of Marico Limited. Through his vision and mission in mind, he is instrumental in maintaining Marico’s business at a sustainable and profitable growth pace.

He explained that the growth both in business and profession has to result in profits for associates, shareholders and stakeholders. He gave examples as to how he faced the key challenges in achieving and sustaining growth in his company which filters from top to bottom.

Further, the speaker took through the journey of Marico which was a family run business and how it was modelled to bring about value principles and policies to bring expansion and growth. He talked about his journey of culture building in the organization through involvement of its people and seeking commitment from them. He also emphasized the need of quarter to quarter performance to measure topline and bottomline growth.

The lecture was well attended by around 200 participants and got a thunderous applause from the audience. The meeting concluded with a vote of thanks by CA Narayan Pasari, Vice President, BCAS

Study Circle on Simple Techniques of “Yoga to Live Healthy” held on 8th July, 2016

A lecture meeting on Simple Techniques of “Yoga to Live Healthy” was held on 8th July, 2016 at BCAS, 7, Jolly Bhavan No -2, New Marine Lines, Mumbai-400020. The meeting was addressed by CA Dr. Kishore Gada, renowned practising CA since 1998, Convenor of Ghatkopar CA CPE Study Circle and also a Yoga teacher. He has authored 3 thesis on the topic Jainism and Yoga, which remarks his passion and interest for Yoga. Through his vision and mission in mind, he is instrumental in maintaining a proper work life balance with the help of Yoga and conveying this message to maximum people.

He started with a peaceful Yoga prayer and explained the true definition of Yoga that is a state of connection of body and mind. He then explained how various organs and various system of human body are connected to the spinal cord and brain and how wrong body postures while at work, studying, sleeping break the connection of mind and body.

Afterwards he travelled through the journey of meditation, breathing exercises and all practically experienced the power of “OM Mantra” to relieve stress.

Overall, it was a very refreshing and learning experience. Practical and simple techniques through which we can live happily without stress and fear were conveyed in the best possible manner and he got a huge applause from the audience. BCAS President CA Chetan Shah appreciated the efforts taken by renowned speaker and assured this lecture would be conducted at a larger scale for the benefit of the maximum. . The meeting concluded with vote of thanks by Jekin Dedhia, Students study circle in-charge of Bombay Chartered Accountant Society (BCAS).

Full day Workshop on “Heal without Medicines” held on 9th July, 2016

Human Development and Technology Initiatives Committee organized a full day program on “Heal Without Medicines” on Saturday, 9th July, 2016 at Directi-I-Plex, Andheri (East)

Atul Shah is an active propagator of Natural diet. He himself was miraculously cured from a so-called incurable condition called Avascular Necrosis (AVN) that affects the hip joint. When modern medical science could not offer a solution, Atul started reading about this unprocessed natural food diet after being introduced to it through a contact and turned to it as a last resort. It worked wonders for him and he was cured of AVN within a year of rigorously following this diet regimen.

The theme was “to die young and as late as possible, i.e. to live long and live young and always vibrant and bubbling with energy and reverse the ageing process.”

Atul Shah spoke on How to Have Good Health without Medicines?

We learnt how Raw Food Diet can help to Maintain Natural Healthy Life Style.

How to feel at ease and feel calm and Cool at all times by eating the right foods.

He spoke on how raw food diet can make us free from all Diseases and Discomforts.

How Your Food can be Your Medicine.

Little Changes in Your Daily Diet can make a Big Difference to your Life and Health

We can get rid of all types of lifestyle diseases like Joints Pain, Diabetes, Blood pressure,

Acidity, Migraine, Asthma, Kidney Disease, Heart Problems, Skin Diseases and many more…

We also got to know the sharings of people who have restored vibrant health with this NATURAL HEALTHY LIFESTYLE!

We also learnt what can cause harm to health.

Raw food lunch was served to the participants. Also relished the taste of Green Juice.

Members had come with their spouse and family members. It was good to come together to learn and share meal together. A total of 137 participants attended the workshop

Human Development Study Circle Meeting on “Human Engineering” held on 12th July, 2016

Human Development Study Circle Meeting to watch the DVD – Video Talk on “Human Engineering” by Mahatria was held on 12th July, 2016 at BCAS Conference Room. CA Vinod Jain gave a small introduction before the DVD was screened. The talk was so absorbing that it was an undisturbed screening of 90 minutes. The Lessons learnt from this video talk were discussed. The learning from this:

We are designed to be with smile, laughter, tears, compassion and love. We can live our potential life, with our ability to express our emotions. Our “ego” should not come in the way. By loving humans, we love creations of God.

As a nation, we lack one very important quality “Discipline”. Our education system does not teach how to enjoy heterogeneous relationships, deal with failures and communication skills. But we must learn them, since they are important. History should inspire us, telling all legendary figures were born normal but they took up something exceptional and became legendary figures. Same way we have potential to be infinitely greater than what we are today.

We must live a holistic life and balance our physical, mental, intellectual, emotional and spiritual life.

Physical: We must give one hour to our body daily through exercise etc., then body can take our care for next 23 hours. We must push our body little more and eat little less.

Mental: We must take care of our subconscious mind, since it is 7/8th part of total mind. Anything positive, we must speak in 5 sentences and get emotionally involved. Anything negative, we should finish it in one sentence and analysis it intellectually. Any one joining our organization to be celebrated and someone leaving should just be analyzed.

Intellectual: Sub-ordinate your likes and dislikes to your purpose of life. Otherwise, you will subordinate your purpose of life, to your likes and dislikes. Ordinary people when they identify themselves with a cause larger than themselves, they would unfold legendary possibilities in their life.

Emotional: When something goes wrong or we see wrong happening around us, we generally crib. Instead of cribbing and doing nothing, we need to channelize our emotions for a higher purpose and make thing better in this world e.g. Gandhi channelized his emotions to free India from British.

Spiritual: Our spirits are like power house, unless we are charged up internally, we cannot perform. We transcend in our life and get energy from universe, where we lose sense of time and space, be it creating something, meditating, caring, listening music, sharing, playing etc.

The participants were interested in more such video screenings for Study Circle Meetings.

Lecture Meeting on “Tax Issues in Business Re-organisation-LLP / Companies” held on 13th July, 2016

Lecture Meeting on Tax Issues in Business Re-organisation- LLP / Companies by Shri Pinakin Desai was held at IMC. President Chetan Shah gave the opening remarks.

Mr. Desai explained the meaning of reorganisation and touched upon various areas under the Income-tax Act, 1961 that would have to be examined in a business reorganising scenario.

The various concepts were explained with the help of case studies that enabled the participants to understand the issues with ample clarity.

Mr. Desai touched upon the following aspects in course of his presentation:

(a) Section 115BA in the context of a manufacturing company undergoing a demerger / slump sale

(b) Carry forward of losses in case of conversion of firm to LLP

(c) Demerger of company, conversion of company into LLP and subsequent withdrawal from LLP

(d) Merger and subsequent conversion into LLP

(e) Demerger between unrelated parties including accounting for demerger in the books of Demerged company and the resultant company in the light of Ind-AS

(f) Merger of companies under Court Scheme with reference to General Anti Avoidance Rules (GAAR) prescribed under the Income-tax Act, 1961 which are yet to become effective

(g) Share acquisition followed by Capital reduction and merger

(h) Business reorganization in light of sections 92B(1) and 92B(2)

(i) Indirect transfer of assets including tax neutrality to the foreign amalgamating company, Indirect transfer mitigation amongst others

(j) Real Estate Investment Trust – where SPV is a company and where SPV is an LLP

(k) Tax neutrality of demerger – where consideration is discharged by (i) parent company (ii) foreign parent of transferee company

Mr. Desai also elaborated on evaluating the impact of GAAR grandfathering under various scenarios such as rights issue, bonus issue, etc

It was a very informative and insightful learning experience for all the participants present. The event saw attendance by over 400 participants. The session ended with vote of thanks by Ms Pooja Punjabi.

Direct Tax Study Circle Meeting on “Issues relating to Dispute Resolution Scheme, 2016” & the Income Declaration Scheme, 2016 held on 14th July 2016

The Group leader, CA Devendra Jain commenced the meeting by commenting upon the intention of the Government behind introduction of Dispute Resolution Scheme 2016, which is to reduce the pendency of litigation existing as on 29th February 2016. He explained the provisions of the Scheme in brief and pointed out the persons who can avail this Scheme.

He gave a hypothetical example wherein the assessment order u/s 143(3) was passed before 29th February 2016 and the time limit for preferring an appeal against this order has not lapsed by this date. Then in such a case, there could be a question of availability of this Scheme since the appeal is not pending on 29th February 2016 but the assessee has got time to file the appeal; hence a clarification is required for such cases.

Thereafter, he touched upon the provisions of the Income Declaration Scheme 2016 and the valuation methods prescribed under the Rules. He pointed out the various FAQ’s released by the CBDT in relation to this Scheme and the far reaching implications of the same. He mentioned that as per the Circular No. 27/2016, provisions of this Scheme [section 197(c)] would override section 148 of the Income Tax Act, 1961 and there could be questions on the constitutional validity of such a provision. At the end, various issues which one could face while implementing this Scheme were discussed by the Group. A total of 30 participants attended the Study Circle.

Workshop on Maharashtra VAT & CST Held on 16th July 2016

The Indirect Taxation Committee (IDTC) of BCAS organized a Workshop on Maharashtra VAT and CST, wherein two important subjects were discussed i.e. (1) “Preparation and filing of returns under the new automation process” and (2) “Maharashtra Settlement of Arrears in Dispute Scheme, 2016”. It was held on Saturday 16 July 2016, at the Conference Hall of BCAS.

Shri Rajiv Jalota (Commissioner of Sales Tax – State of Maharashtra) was the Chief Guest, Mr. Nitin Shaligram (Dy. Commissioner of Sales tax, Mumbai) and members of his team, and, Mr. A S Gorde (Dy. Commissioner of Sales tax, Mumbai) were the speakers for the day.

CA. Chetan Shah (President, BCAS) welcomed the participants and highlighted the relevance of the topic in view of the proposed ‘automation process’ and expected implementation of the GST in April 2017. CA. Govind Goyal (Chairman IDTC) briefly introduced the speakers and topics allocated to each speaker for discussion. Thereafter, the speakers were felicitated by the CA. Deepak Shah, (Co- Chairman IDTC).

Mr. Nitin Shaligram, opened the discussion with a brief background about the new returns templates and the automation process. He explained the basic background of the new initiative and the objective with which they had started. He and his colleagues enlightened the participants about the steps to be followed for preparing and uploading the returns for the periods commencing on or after 1st April 2016. .

The Hon. Commissioner of Sales tax, State of Maharashtra, enlightened the participants about the various initiatives taken up by the State of Maharashtra. The Hon. Commissioner highlighted that the new automation process was the first of its kind in terms of scale, given that it was the largest implementation of a tax administration system ever in the history of SAP and that its success would ease several difficulties being faced by the tax payers. .

The second session was led by Mr. A S Gorde. He gave a comprehensive presentation on the nitty-gritties of Maharashtra Settlement of Arrears Scheme and key aspects of process related to settlement and related issues. In the ensuing interaction, the speakers gladly addressed the queries raised by the participants. CA Kiran Garkar and CA Samir Kapadia were the moderators.

In his closing remarks, CA. Govind Goyal appreciated the efforts made by the tax team and acknowledged their willingness and address all the queries raised on the floor. The workshop was attended by more than 110 participants.

The meeting concluded with a well-deserved hearty vote of thanks.

Society News

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The IT study circle on ‘Super Advanced Excel for professionals’ held on 24th May and 7th June 2016

The Technology Initiatives Study Circle of the BCAS recently held a multi-session workshop on ‘Super Advanced Excel for Professionals’ addressed by the learned speaker CA Nachiket Pedhnekar.

Nachiket is a Microsoft certified corporate trainer for MS Excel and Excel VBA. He is the founder & CEO of ViN Learning Centre, a corporate training institute based in Mumbai. Nachiket was shortlisted in the top 30% candidates across the world in the “Excel Model Off” competition (a global competition on financial modelling using MS Excel) in their 2015 edition.

The first session was held on Tuesday, 24th May 2016 whereas the second session was on Tuesday, 7th June 2016. Over the last two sessions, the speaker has covered interesting topics such as “Flash Fill”, “Datedif Function”, “Goal seek” for performing Trial and Error, “Scenario Manager” for simulations, Alternatives to “nested if”, “If error” & “Ifna functions”, Pivot Tables, Sparklines, “Fuzzy lookup” add-in, Data Table etc.

Both sessions witnessed a large audience and were interactive. All participants have benefited immensely through these enriching sessions.

The third session of the workshop is scheduled to be held on Tuesday, 28th June 2016.

Indirect Tax Study Circle Meeting on CENVAT Credit Rules held on 3rd June 2016
Indirect Tax Study Circle Meeting was conducted at BCAS on 3rd June 2016, to discuss various issues relating to amendments made to Rule 6 of the CENVAT Credit Rules. The Meeting was led by CA Shri Jinit Shah and chaired by Advocate Shri. Vipin Jain. The group held very extensive discussions and debated on case studies drafted for the subject.

Presentation prepared by CA Jinit Shah was appreciated by members and guidance provided by Shri Jain was very helpful in deciding some of the very complex issues that were taken up for consideration. Study Circle received encouraging response from the members, as more than 50 members participated in the meeting.

Full day workshop on Fraud Reporting & Tools for Data Mining & Analytics for Statutory/Internal Auditors held on 4th June 2016 at BCAS

(Organized by Human Development and Technology Initiatives committee jointly with Accounting and Auditing Committee).

CA Raman Jokhakar, President BCAS welcomed the participants. CA Nitin Shingala set the tone for the workshop by highlighting the relevance of the topic in the current regulatory perspective.


CA Chetan Dalal took up case studies and explained the nuances of forensic investigation. He shared some sample forged/ manipulated documents and requested the participants to identify the gaps in the audit evidence. This helped the participants to gain insights and better understanding of the concepts of forensic investigations.

CA Sarang Dalal took up case study on identifying fraudulent practice at a toll collection centre using data analytic techniques. The participants’ brain stormed on various ideas to identify red flags for fraudulent transactions.

CA RU Kamath explained the Auditors’ and KMPs (Key Management Personnel) responsibility on prevention, detection and reporting of fraud under The Companies Act, 2013, Rules framed thereunder, CARO Report and Director’s Report. He also highlighted the implication on auditor for failure to report fraud. Through various case studies and practical examples, he explained the participants, the process to identify a fraudulent transaction and its reporting methodology under The Companies Act, 2013

CA Nikunj Shah explained the concept of Data Mining and Assurance Analytics in the context of statutory and internal Audit. With the help of live demonstration, he explained how Pivot table can be used to:

Summarize data exceeding one million rows.

Prepare pivot table from CSV files without importing CSV files in excel

Get kaleidoscopic view by slicing and dicing data.

Conduct Pareto analysis (80-20 rule) to identify high value (and high risk) transactions

Quickly perform a ‘Time Dimension’ analysis on data.

Interpret results of analysis and apply it in decision making

CA Nikunj Shah explained the concept of dashboards like important questions to ask, before one starts working on a dashboard, the process to organize data thereby ensuring that it’s interactive, real time and flexible. He also explained which chart types work best for different data types and steps to use pivot tables with a dashboard.

The workshop was attended by 115 participants. The overwhelming response from diverse gamut of participants – industry and practice, local and outstation participants, BCAS member and non members showcased the interest in the subject cutting across wide spectrum of stakeholders.

CA Kinjal Shah proposed vote of thanks to all the speakers and participants for making this workshop a grand success.

Lecture Meeting on Filing of Income Tax Return held on 8th June, 2016

Like in earlier year, this year too, the Society organized a lecture meeting on Filing of Income Tax Return at IMC, to take the members through the nuances of the new Income Tax Return Forms prescribed in March, 2016 for the Assessment Year 2016-2017. The purpose of the lecture meeting was to demystify the filing process, throw light on potential issues and spread awareness about the precautions to be taken while preparing and filing the tax returns.

President Raman Jokhakar welcomed the young speakers CA Siddharth Banwat and CA Bhadresh Doshi and gave his opening remarks. The lecture meeting commenced with the launch of the Third Edition of the publication ‘Gita for Professionals’ authored by CA Chetan Dalal. The book was released by CA K.C Narang, Past President of the Society along with Book’s author CA Chetan Dalal and the speakers present CA Siddarth Banwat & CA Bhadresh Doshi.

CA. Bhadresh Doshi spoke about the key changes in the new Income Tax Returns Forms notified by the CBDT on 31st March 2016 for A.Y. 2016-17. He presented the key legal provisions related to the ITR Forms through a very systematically prepared presentation. He highlighted the key issues and challenges in each ITR form very meticulously.

CA Siddharth Banwat dealt with a very important amendment relating to disclosure requirements of Foreign Assets and Bank Accounts in the new ITR Forms. He talked about the impact of non-filing of Return of Income under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2016 and also discussed issues concerning taxation for NRIs / Non Residents. He further touched upon the procedure of e-filing of tax returns for the A.Y.2016-17.

The speakers enthralled the audience at the venue which was filled to its capacity. It was attended by tax professionals and students in large numbers. The meeting concluded with the vote of thanks by Mr. Raj Khona who appreciated the well-articulated speech and excellent presentation given by the young speakers.

9th Jal Erach Dastur CA Students Annual Day held on 11th June 2016

The Jal Erach Dastur Students Annual Day is an event that is organized by the Bombay Chartered Accountants’ Society every year. The 9th Edition of the event was splendid and also got a new title ‘Tarang 2k16 – Tarasho Apne Talent Ke Rang.’ It was held at the K.C. College Auditorium, Churchgate on Saturday, 11th June 2016 from 2.30 pm onwards.

It is an event organized by the BCAS Students Forum under auspices of the Human Development and Technology Initiatives Committee of the BCAS for the CA students. The students are given an opportunity to showcase their talents and take a break from the daily routine activities. It is an excellent platform that enables students to come together, interact with each other and make new friends. The theme of the programme was ‘Start-ups & Entrepreneurship’ and the Chief Guest for the event was Mr. Vishal Mehta, Founder & CEO of Infibeam.

The event commenced with the participants showing respect and love for our motherland, by singing the National Anthem. It was succeeded by the members of the Managing Committee & HDTI Committee lighting the lamp of knowledge, tribute to Shri Jal E. Dastur and Shri Pradeep Shah guiding the future Chartered Accountants.

The Society lost a stalwart in Shri Narayan Varma who passed away on 24th December 2015. A tribute was paid to this great man who was the Past President of the Society and an ardent supporter of the student’s activities. For the first time, a mesmerizing Anthem ‘Let’s have fun at Tarang’ composed by CA. Devansh Doshi was prepared to promote the entire event.

The event this year was graced by Shri Soli Dastur, who ignited the future Chartered Accountants on why it is important to become not just a good Chartered Accountant but also a good person. He spoke of the importance of following ethics in the professional careers.

To keep up with the tradition, the student members of the organising team then presented a wonderful skit which was titled “Tarang – Pani da Rang” with a message about treating everyone with equal respect and honour.

The skit was followed by the Chandanben Maganlal Bhatt ‘Elocution Competition’ where six finalists battled it out with each other to win the coveted trophies. The difficulty bar was raised this time and the finalists were allotted the topics on random lot basis. All participants gave commanding performances on their respective topics which made the job of the judges a difficult one.
The Selfie Competition ‘Khinch Le’ was a new entrant in the Annual Day this year. Students were given themes on which they had to click creative selfies and mention an innovative tagline based on the theme selected. The CA students came up with some delightful and funny pictures for the audience to enjoy.

The final round of the Debate Competition ‘War of Words’ followed the Selfie Competition. The debate was moderated by CA Mudit Yadav with two teams of three students finalists, each coming up with very good points to defend their case. There was also an open house for the audience to ask questions to individual speakers of either of the teams. The competition was enjoyed by the entire audience and was a great hit.

President, CA Raman Jokhakar and the Chairman of the HDTI Committee CA Nitin Shingala then addressed the students, motivated them and also spoke about various initiatives taken by the society for student members. To keep up with the I.T. Revolution, the Co-Chairman of the HDTI Committee CA Mihir Sheth and Convener CA K.K

Jhunjhunwala addressed the students through a video clip.

The young and energetic student co-ordinators Mr. Raj Khona and Mr. Viren Doshi addressed the students and encouraged them to join the BCAS Students Forum and Students Study Circle. They also spoke about the various initiatives taken by the Students Forum during the year. This was followed by the break where the students were treated to a delectable samosa along with a cup of tea and coffee.

After savouring the hot snacks and tea, the audience gathered back with grander enthusiasm, ready and excited for the highlight of the event, The town hall Q & A Session with Mr. Vishal Mehta, Founder and CEO of Infibeam. com. CA Mihir Sheth gave a remarkable introduction of the keynote speaker. Mr. Vishal Mehta then addressed the audience and shared his start up story about how a professional from Silicon Valley, USA is now a CEO of his very own enterprise. He stressed how merely deciding to become an entrepreneur is not enough, it is essential to act on it. He also explained that becoming an entrepreneur is not about the glamour and status, one should believe in the opportunity and their business model and how the rest would follow. After the informative keynote address, Mr. Raj Khona along with Mr. Vishal Mehta began the Q&A round. The atmosphere in the auditorium was of motivation and energy after the session. Mr. Mayank Gosar proposed the vote of thanks to Mr. Vishal Mehta for giving an inspiring keynote speech and for sparing his precious time to interact with CA students.

Immediately after that, the beating of the drums, the strumming of the guitar, the melody of the keyboards and tapping of feet synced perfectly to the beats was enjoyed by the crowd, as the hosts announced the commencement of ‘The Talent Show’. The stage was then taken over by young and talented CA students who showcased their talent ranging from dance, singing, instrumental, stand-up comedy and mono-acting. In all 18 finalists gave marvellous performances with the judges facing a tough challenge to select the winners. All the singers were supported by the live background music fantastically played with the help of talented musicians. Huge round of applause and cheering came from the crowds all the time. At the end, the judges gave enthralling performances, gripping the audience with pitch perfect songs.

 With the clock ticking, the suspense and wait was about to be over. The winners of the competition representing their firms were finally announced. The list goes as follows:

The entire evening was hosted fabulously by Mr. Apurva Wani, Ms. Nidhi
Shah and Ms. Disha Unadkat with their outstanding performances, keeping
alive the excitement and spirit till the end.

The Chairman of
the HDTI Committee, CA Nitin Shingala and Convenor CA K.K. Jhunjhunwala
praised the efforts and felicitated each and every student volunteer for
putting up an excellent show in a short span of time. Also, the hard
work of all the group leaders of the Students Study Circle for the year
2015-16 was recognized. Mr. Raj Khona and Mr. Viren Doshi were
acknowledged for coordinating the Students Study Circle during the last
year.

Mr. Parth Patani proposed vote of thanks to Mr. Sohrab Erach Dastur for sponsoring the annual day in the fond memory of his brother late Jal Erach Dastur, the family of the Chandanben Maganlal Bhatt for sponsoring the Elocution Competition, the Chief Guest for the evening Mr. Vishal Mehta, the members of the Managing Committee and HDTI Committee, the Coordinators of the Annual Day, the Event Moderators, Judges of various competitions, BCAS Staff, parents and principals of students, sound technicians, the vibrant team of student volunteers and all the students for participating in big numbers.

With great pride and delight, we announce that a total number of 516 students registered for the Annual Day, setting an overwhelming benchmark.

A sumptuous dinner was arranged after the event for all those who marked their presence at the annual day. The motto of the event, to not only develop and encourage skills and extracurricular participation but to bring together the entire fraternity was very well achieved. All in all, at the end, a feeling of achievement with some splendid memories were taken along by each and every person, rather, it is not the end but a promise for a new beginning!!!

Human Development Study Circle Meeting on “Eye Health and Eye Vision” held on 14th June, 2016.

Human Development Study Circle Meeting on “Eye Health and Eye Vision” was held on 14th June, 2016 at BCAS Conference Room, addressed by the speaker Mr Vikram Agrawal, Founder of Vision Yoga.

Viram Agrawal is working with a Vision “Better Eyesight at any age”. His organization promotes the cause of healthy natural vision for a lifetime.

Some of the insights received from his lecture are listed below:

Preservation of good eyesight is almost impossible without proper eye education and mental relaxation.

Keep your eyelids half closed, while reading or watching a distant object.

Shift your glance constantly from one point to another.

All errors of refraction are functional and therefore curable.

Mental strain creates an error of refraction and mental relaxation can cure it

Eyewash tones up the eye muscles

Vision Yoga is a holistic method of treating eye disorders, which is a part of the vedic tradition as given in the Chakshushopanishad and Netra Dwayam – Upanishads of the eyes.

At Vision Yoga, people from 5 years to 80 years are doing eye exercises. This course benefits all eye disorders like myopia, hypermetropia, presbyopia, squint, cataract, nystagmus etc.

The speaker is passionate about healing all eye problems:
– He believes that exercises can help to avoid Glasses, avoid Lasik Surgery and improve eye vision.

– He also spoke on some eye treatments for eye ailments.

– Acute eyesight problems need proper consultation

The participants felt they have learned a lot about eye care and eye health and recommended more similar programs for welfare of more individuals.

Lecture Meeting on ‘Recent Regulatory issues impacting Audit Finalisation for the year ended on 31st March, 2016’ held on 15th June 2016

A Lecture Meeting, covering various ‘Recent Regulatory issues impacting Audit Finalization for the year ended 31st March, 2016’, like the amendments in Companies Act 2016, Internal Financial Controls over Financial Reporting, IND AS, CARO 2016, Fraud Reporting, Changes in Audit report, SEBI updates and other Regulatory Changes impacting the Audit Finalisation was organized at Wallchand Hirachand Hall, IMC, Churchgate on June 15, 2016.

The speaker CA. Khushroo B. Panthaky shared his knowledge and practical experience. Various regulatory issue, intricacies of reporting requirements and expectations from auditors and preparers of financial statements were well covered and explained to the attendees by way of practical examples, well designed to understand the complexities of the regulatory issues in a simplest way. He talked on various aspects of audit and how it has moved from a sampling certification to a risk based confirmation. He highlighted the significance of thorough checks, Study of client business end to end, what precautions an auditor needs to take up right from accepting the audit assignment till the final signing of the report.

The lecture meeting was attended by more than 300 participants from various industries and the practice arena. The interactions between the participants and speaker were commendable.

Direct Tax Study Circle Meeting on ‘Equalisation Levy’ held on 16th June 2016

 Direct Tax Study Circle Meeting on Equalization Levy was held on 16th June, 2016, jointly with Suburban Study Cirle

The Group leader, CA Palav Shah Parekh, under the guidance of the Chairperson, CA Mayur Nayak commenced the meeting by showcasing a video of how House of Commons Public Accounts Committee, UK led by Margaret Hodge MP interrogated the Google Boss on UK tax dodging. Palav gave a brief background as to how digital commerce business has evolved during these years and how these companies dodge from paying income taxes by not having a physical presence in a particular jurisdiction.

Thereafter, she commented upon the 3 options given by the BEPS Action Plan 1 to tackle the tax issues relating to E-commerce transactions and the reason as to why Indian Revenue authorities had to select the option of Equalisation Levy. She thereafter explained the scope, applicability and the various provisions relating to Equalisation Levy brought about by the Finance Act 2016 and the corresponding rules. She educated the members with similar existing provisions in other countries. At the end, various issues which one could face while implementing these provisions were discussed by the group and the session was concluded by the Chairperson giving his concluding remarks.

Yoga session held on 19th June 2016

The Human Development and Technology Initiatives Committee organised a ‘Yoga’ Session, jointly with ISH foundation on Sunday 19th June 2016, at Direct-I-plex, Andheri(E), Mumbai-400069 between 8-00 a.m. and 9-00 a.m. That was to mark a celebration of the upcoming International Yoga Day on 21st June, 2016.

Pradeep Thakkar, a Professional Yoga teacher and also an active member of ISH Foundation guided about 21 participants who attended this programme. He demonstrated and guided participants to perform different Asanas with ease, comfort for healthy body and mind relaxation.

CA Mayur Nayak welcomed the participants and CA Mukesh Trivedi discussed in brief the meaning of the word Yoga and how to practise it in life for the self-less service at the highest altar.

Participants had good learning of Yogasanas for healthy body and peaceful mind.

Society News

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International Taxation On “Digital disruption – a view from Silicon Valley” held on 23rd December, 2015

Mr. Nikunj Sanghvi gave a presentation on “Digital disruption – a view from Silicon Valley”. The presentation talked about how modern technology is fast changing the age old traditional ways in which business and personal lives are conducted. According to the speaker, digital disruption can be described as “Disruption of established intermediaries that used to capture most of the value in the value chain by automated platforms that drive benefits for participants at both ends of the value chain.”

The speaker explained how the present value chains are being turned topsy-turvy by use of technological platforms. For example, earlier, Hotels used to possess properties and brand trust; while reservations would be computerised to some extent. However, with newer business models like the one adopted by AirBnB, property is owned by the people listing on the portal. The brand trust is maintained by AirBnB by specifying the minimum requirements; and guests give reviews based on which further reservations are pulled in.

Similarly, new platforms are removing intermediaries like distributors between suppliers and customers and bringing them in direct contact with each other. The speaker provided examples of digital disruption over various business sectors:

In media: While earlier media offerings like newspapers were edited and customers had no choice in what a newspaper should carry; now all content is available free of charge online; and customers can choose what they want to read. Similarly, while earlier, distribution used to be the hardest problem, now discovery of good content is an issue.

In music and publishing industry: Music producers, publishers,etc. are affected badly because of YouTube, Sound Cloud, Online music stores, Netflix, Blogs and others. Through these applications, people are able to read and listen only to those things in which they are interested. Each song can be separately purchased; while eBooks reduce costs of publishing even allowing self-publication on blogs, etc.

In transportation: Autonomous cars and delivery drones will reduce cost of transportation and increase efficiency. Already, miners have started deploying selfdriven trucks. Drones will have many commercial applications.

In financial services: Online payment systems, Digital currency, Online Lending, P2P insurance will change the way financial services are provided.

Telemedicine, AI Doctors, etc., will revolutionise Health Care; Online education, customised study plans, etc.,willchange the traditional educational system; and IT industry will allow people to recruit from online skill listing platforms; allow work from home, etc.

The speaker also mentioned that technology can bring a lot of change in CA profession too: Software can provide basic solutions on tax matters; while data analytics tools will allow detecting patterns, duplicates, frauds, etc.

The speaker also touched upon the fear of whether Robots will take away jobs in the near future. His view was that Robots and other such technologies will make things cheaper and easier but might decrease employment. But each revolution till now has focused on improving efficiency. In his view, this change will remove the monotonous routine work and will allow people to work on higher skilled practices likes the arts, sports, spirituality, etc. He believes that there is a strong case for optimism provided those affected are provided help during the transition phase. One should welcome the new revolution and find out creative ways to earn from this revolution.

Indirect Tax Study Circle on “Service Tax Implications on Redevelopment of Housing Societies” held on 29th December, 2015

The Indirect Tax Study Circle organised its meeting to analyse implications of service tax liability on re-development of housing societies in light of recent notices being received by the industry. Advocate Shri Badrinarayan chaired the session which was led by CA. Jayesh Gogri. The study meeting was attended by more than 60 members and there was intense discussion based on legal provisions and relevant judicial pronouncements between the members present.

All issues could not be completed in the first session and hence a continuation session is being planned. Advocate Badrinarayan has extended his support and willingness to chair the second session as well.

FEMA Study Circle Meeting on “Outbound Investments – Nuances & Issues & Revised Frameworks on ECB” held on 7th January, 2016 & 21st January, 2016

The Study Circle meeting on “OUTBOUND INVESTMENT – NUANCES AND ISSUES (REVISED FRAME WORKS FOR ECB SESSION –I” was led by CA. Sagar Maru. He discussed the importance of layers in offshore structuring and linked it with the test/concept of POEM and Black Money Act. This was very interactive and the members participated actively in the discussion.

With regard to the “Revised framework for ECB”, he explained the liberalisation brought about in the ECB regulations, specifically for issuance of Rupee Denominated Bonds.

The follow up Study Circle meeting on “Revised Framework for ECB” was also led by CA .Sagar Maru. He continued on the subject and discussed the main principals relating to ECB. Important terms like all-in-cost ceiling, end use, eligible borrowers and lenders were all discussed at great length in the most interactive manner. He also shared his practical insights on the subjects and took us through various case studies.

Human Development and Technology Initiatives Committee – Full Day Workshop on “Power of Focus” held on 9th January, 2016

This workshop was conducted by Presenter Mr. Bhaavin Shah.

This workshop was about how to utilise the power of focus in daily lives, to accomplish our goals in different areas of our life and how to balance between different objectives.

The importance and difference between effectiveness and efficiency was discussed. We have to decide how we can do the right things and at the same time also be efficient.

It was also discussed how we can prioritize the different aspects of our life like Financial, Professional, Social, Personal, Physical, Spiritual and bring harmony and purpose in our life, while we grow as well as be happy all the time. The presenter taught how to overcome distractions in the way of accomplishments and retain the mindset to focus.

This workshop kept the participants interested and the proceedings were very interactive. The participation and interaction and involvement of all brought about consensus and unity to the whole group at the end of the day. There was a determination to implement the learning of the day.

Lecture Meeting on “Crowd funding, New comers IPO & SME Listing” held on 13th January, 2016

This meeting was conceived by the Corporate and Allied Laws Committee of BCAS and was jointly organized with the BSE. Mr. Neeraj Kulshrestha (Chief of Business Operations – BSE) was the Guest of Honour, Mr. Ajay Thakur (Head – BSE SME) was the keynote speaker and Mr. Mahavir Lunawat, (Founder – Pantomath Group) was the speaker for the day. Mr. Kanu Chokshi (Chairman, Corporate & Allied Laws Committee) chaired the meeting. Mr. Raman Jokhakar (President, BCAS) welcomed the participants and highlighted the relevance of the topic in view of the proposed ‘Startup India’ and ‘Standup India’ initiatives, launched by the Government of India. Mr. Kanu Chokshi briefly introduced the speakers and the topic.

Mr. Neeraj Kulshrestha opened the discussion with a brief background about the options available for raising funds in India. Mr. Ajay Thakur, the keynote speaker, enlightened the participants about the new age funding alternatives, and the role played by the BSE in facilitating SMEs. Mr. Mahavir Lunawat, the speaker, made his presentation on the nitty-gritties of current regulatory environment and the key aspects related to SME listing and crowd funding. In the ensuing interaction, the speakers gladly addressed the queries raised by the participants.

Direct Laws Study Circle on “Recent Important Income Tax Judgments” held on 15th January, 2016

The Study Circle meeting on “Recent Important Income Tax Judgments” was led by Adv. Harsh Kothari. He took the participants through recent Supreme Court and High Court judgments on various issues under different sections of the Income-tax Act. He also made special references to earlier judgments on the same issue by various courts and gave his view on what lies in store for days ahead. The Judgments selected by him covered issues revolving around section 14A, Disallowance of Interest on borrowed funds u/s. 36(1) (iii), 40(a) (ia) disallowance, Inclusion of Service Tax under gross receipts for the purpose of computing presumptive income u/s. 44BB, Conditions u/s. 72A(2)(a)(i), Expression ‘not less than 51 percent of voting power’ u/s. 79, Advance paid for the purpose of purchase of an asset towards Utilisation of capital gains u/s. 54G and many others. The participants actively participated and shared their personal experience as well.

Industrial Visit to Reliance Jamnagar Oil Refinery held on 12th January, 2016

January 12, 2016 was a very special day. Twenty six BCAS members had the opportunity to visit the world’s largest refinery at a Single Location – Reliance Jamnagar Refinery plant. After arriving at the site of the gigantic Jamnagar Refinery, the BCAS team was greeted by Team Reliance and then, the Members were served delicious breakfast.

The team was taken to the the main administrative building to a film movie highlighting the making of the Jamnagar refinery. To make it easy for all participants to understand the vastness of the refinery, they gave an analogy of each of the measures and processes. The movie highlighted the futuristic thinking of the promoters – the late Mr. Dhirubhai Ambani, the contribution of the over 1,00,000 workforce and the large size of equipments that were imported during the construction phase. The movie broadened the horizon of all the participants. After viewing the film, the team toured around the refinery area in a bus. Senior persons from the Reliance team guided the team, as they passed through each process area of the refinery. Then the team headed to Hall of Fame where numerous trophies were on display. The trophies were received from a wide range of great institutions. This instilled a feeling of pride among all the participants.

Moving to the product zone, the team saw samples of each product processed out of the refinery, namely Propylene, Naptha, Gassoline, Jet/Aviation Turbine Fuel, Sulphur, Petcock etc. Participants were fortunate to visit control room. The entire refinery is controlled from this area. The control room has earmarked the area for each unit – Fluid catalytic cracking unit (FCCU), clean fuel plant (CFP), Hydrogen manufacturing unit (HMU), Reliance tank farm (RTF ) and so on.

After visiting the marvelous, astonishing and fantastic refinery, the team visited the Green belt. This area has over 70 lakh plantations. The mango orchard, named as Dhirubhai Ambani Lakhibag Amrayee has over 1 lakh mango trees of more than 140 varieties of Mango. Drip irrigation method is applied to water all the plants and thereby conserving precious water.

After a refreshing lunch, the team was taken to the jetty. The team saw the large subsea cables and pipes connected to the jetty, to transfer crude from large crude carrier to jetty and then to the refinery.The jetty has single point mooring (SPM) and tanker berth for exporting its products.

As an individual, it is easy to reach the nearest fuel station and fill the tank with gasoline in a vehicle. But, after touring the refinery, the participants understood the quantum of efforts that goes in processing petroleum products from crude oil.

Society News

Workshop on IFC, CARO Reporting and Fraud Reporting under the Companies  Act, 2013 held on 15th July 2016

On enactment of the Companies Act, 2013 has resulted in a paradigm shift in the requirement of reporting by the Statutory Auditors on adequacy of Internal Financial Controls system and the operating effectiveness of such controls.

An additional role the auditor is required to play in the current environment and which is considered very onerous is that of the role of a whistle blower. The Companies Act, 2013 has introduced provisions whereby the auditor has to report certain category of frauds to the Central Government by following the procedure laid down through Rules u/s. 143(12).

The reporting under CARO is not new to the auditors. However, after substantial deletions in the reporting requirements under CARO, 2015 as compared to CARO, 2003, on replacement of CARO, 2015 by CARO, 2016, there have been addition of some clauses which require reporting on compliance of sections 185, 186 and 188 of the Companies Act, 2013.

In view of new regulatory norms coming into effect for the Statutory Auditors to report upon, a Full Day Workshop to understand the intricacies of these three onerous reporting requirements was organized by BCAS on 15th July, 2016, at M.C.Ghia Hall, Mumbai. There were three sessions which dealt with Internal Financial Controls for Small and Medium Enterprises, Fraud Reporting under Companies Act, 2013 and CARO Reporting under Companies Act, 2013.

The inaugural address was by the President of BCAS CA Chetan Shah, who informed the participants which included many non-members, about the benefits of association with BCAS and how one can accelerate gaining professional expertise through the knowledge sharing platform of BCAS.

Later, CA Himanshu Kishnadwala, Chairman of the Accounting & Auditing Committee, briefed the participants about the importance of each topic of the Workshop.

The first session speaker CA Ms. Nandita Parekh dealt with the topic of Internal Financial Controls for Small and Medium Enterprises in very simple and lucid manner which simplified the understanding of the subject and provided the participants useful tips on the approach to deal with IFC reporting.

CA Sandeep Shah was the speaker for the second session on Fraud Reporting under Companies Act, 2013. He dealt with the process to be followed for fraud reporting as well as the circumstances under which fraud reporting has to be done as Statutory Auditors. He shared his vast experience with the participants.

The concluding session was on CARO Reporting under Companies Act, 2013 and the speaker was CA. Vijay Maniar. His presentation dealt with the new clauses introduced through CARO, 2016, modified clauses of CARO, 2015, retained clauses and the omitted clauses. He then dealt with each clause in detail and shared practical insights on how to report on each clause.

The Workshop was attended by 170 plus participants and it was encouraging that the mix of participants was both from practice and industry.

The participants had a satiating experience of knowledge enhancement at the end of the Workshop.

Lecture Meeting on Ethics and You-Practical Issues held on 3rd August, 2016

A lecture meeting on Ethics and You-Practical Issues was held on 3rd August, 2016 at BCAS Office, 7, Jolly Bhavan 2, New Marine Lines, Mumbai which was addressed by CA C. N. Vaze who explained the meaning of Ethics and Code of Ethics and practical aspects, relevance, importance and necessity of Ethics in

present day professional environment. He pointed out that Ethics means moral values. It was easier to be principled but difficult to be ethical. One can be transparent; but one

needs to be accountable.He mentioned that Code of Ethics is needed to ensure credibility which is the foundation of any profession including CA fraternity and it should always be our motto to meet society’s expectations. He also enlightened the audience about the source and present image of the code of ethics being followed by the society at large. He further touched upon the common observations on Ethics and important pronouncements of ICAI on the issue. Thereafter important principles and broad procedure of Code of Ethics were highlighted. He also talked about important amendments brought about by the Chartered Accountants (Amendment) Act, 2006, a few important items of misconduct and disciplinary proceedings, technical lapses and remedies thereof to tackle these issues. Some case studies were also briefly taken up.

The meeting was attended by over 60 participants. The meeting concluded with a vote of thanks by CA Ms. Jyoti Malkani, GM-BCAS.

Workshop on NBFC held on 4th August 2016

NBFC sector is growing at a substantial pace but it is RBI’s endeavor to ensure prudential growth of the sector, keeping in view the multiple objectives of financial stability, consumer and depositor protection, and need for more players in the financial market, addressing regulatory arbitrage concerns while not forgetting the uniqueness of the NBFC sector.

In view of regulatory norms being notified on a frequent basis, there being changes in Statutory Audit requirements and increased scope of Internal Audit, to provide assurance to the management of Internal Controls over Financial Reporting being operational and effective, it was felt imperative to have a Workshop on NBFC.BCAS organized this Full Day Workshop on 4th August, 2016 at Allhambra Hall, St. Regis Hotel, Palladium. The Workshop was structured into four sessions which dealt with Important Aspects of Prudential Norms & Compliances, Statutory Audit Aspects under the Companies Act, 2013, Internal Audit Perspective for
NBFCs and Internal Controls over Financial Reporting for NBFCs. Before the commencement of the Workshop, there was a release of BCAS Publication “Internal Controls over Financial Reporting (ICFR) – A Handbook for Private Companies and their Auditors”, authored by CA. Nandita Parekh. The book was released by President of BCAS Mr. Chetan Shah.The Workshop started with the inaugural address by BCAS President CA Chetan Shah, who provided his view points on the importance of NBFCs in the overall development of the financial sector in India. Later CA Himanshu Kishnadwala, Chairman of the Accounting & Auditing Committee, introduced the structure of the Workshop.The first session was conducted by CA Bhavesh Vora, who lucidly dealt with the important aspects of prudential norms & compliances. While dealing with the same, he also took participants through the overall maturing of the NBFC sector over last three decades and gave valuable insights on the functioning of the various categories of NBFCs.The second session dealing with Statutory Audit aspects under the Companies Act, 2013 was addressed by speaker CA Manoj Kumar Vijai. He dealt elaborately with the unique requirements while conducting audit of NBFCs and shared his vast experience with the participants.The third session post lunch was on Internal Audit perspective for NBFCs which was addressed by the speaker CA Smita Gune. She made the session very interactive and shared her experience of internal audit of banks and financial institutions. She provided practical insights internal audits of NBFCs.Last session was taken up by speaker CA Huzeifa Unwala, who dealt with the topic on Internal Controls over Financial Reporting of NBFCs. He explained the overall requirements of IFC, how to test the operating effectiveness of the controls and took up the instances relating to NBFCs to provide practical insights on testing the controls while dealing with NBFCs.

The Workshop was attended by 70 plus participants and it was heartening to have more participants from the industry. Overall the Workshop was an enriching one for the participants.

FEMA Study Circle Meeting held on 4th August 2016

A FEMA Study Circle Meeting was held on 04th August, 2016 where CA Dhishat B Mehta led the discussion on the topic of “Issues relating to Determination of the Residential Status under FEMA”. Large number of members participated in this meeting. The Group Leader deliberated upon nuances of determining residential status of an individual and other entities including branch. The concepts such as “Intention”, “Uncertain Period” and “Resident” were discussed at length. The Group Leader also pointed out substantive difference in the definition of “Resident” under FERA and FEMA. He also took the case studies on determining residential status of – Indian citizen coming to India, Indian citizen leaving India, Foreign citizen coming to India, Foreign Citizen leaving India, Post-marriage stay of a foreigner in India, Student etc. He also pointed out challenges in determining residential status of a second generation branch, office controlled by resident, political asylum and involuntary stay in India. In all the members got a complete understanding as to how to determine residential status under FEMA of an individual and other entities. CA Dhishat B Mehta set the tone for learning of FEMA through series of meeting planned ahead.

A total of 34 participants attended the meeting.

 

 

Workshop    on Permanent Establishments – from Constitution to Attribution – a Case Study based Analysis


A Workshop on Permanent Establishments – from Constitution to Attribution – a Case Study based Analysis was held on 5th August, 2016 at BCAS, 7, Jolly Bhavan 2, New Marine Lines, Mumbai where the Speakers CA Amar Mehta and CA Shreyas Shah took up the case studies on Geotech, Bold and Beautiful, Blessed Life, and RailCo.In the workshop, Profit Attribution rules of the establishments were discussed and also  far Identification including the case studies on Distributor and TOLL MFG. At the end, Triangular Situation of Income, Expense and Profit was reviewed and analyzed.A total of 114 participants attended the workshop.
Seminar on Partnership Firm vs. LLP held on 6th August 2016
Partnership Firm is a very old and established form of business entity and has witnessed changes in certain procedural aspects over the years. With a generation leap, Limited Liability Partnership [‘LLP’] is a recent hybrid form of business entity. The Seminar was organized to get an insight about the procedural aspects of both the forms of business entities.CA Chetan Shah, President of the Society welcomed everyone. CA Kanu S. Chokshi, Chairman of the Corporate & Allied Laws Committee briefly introduced the subject.

CA Uday Sathaye took the participants through the procedural aspects of formation and registration of a partnership firm under the PartnershipAct 1932 including drafting of a partnership deed. He emphasized on simple, unambiguous and diligent drafting of a partnership deed. He also dealt with the frequently faced issues at the time of formation and registration of partnerships.

Mr. Saurabh Shah explained the step by step procedure for formation of a LLP and also conversion of a partnership firm or a company into LLP. He gave a birds’ eye view of the procedural differentiation between a partnership firm vs. company vs. LLP, and also global comparison with UK LLP and US LLP. He mentioned that the recent amendments clearly spelt out the provisions relating to conversion of a LLP into a company.Both the speakers responded to the queries of the participants.Programme was coordinated by CA Preeti Oza. A total of 53 participants attended the Seminar
Study Circle Meeting on “Implications of Re-cent Judgements in case of Suresh Kumar Bansal, Delhi (HC) & M/s. Sumer Corporation, MSTT” on 6th August, 2016 at Directiplex, Andheri (E)

The Meeting was jointly organized by Suburban Study Circle with Indirect Tax Laws Study CircleGroup leader CA Kush Vora explained the decision of Delhi High Court in case of Suresh Kumar Bansal vs. UOI. It was held that no service tax could be charged in respect of contracts entered into by buyers with the builders for acquiring flats in a complex which is under construction. While the legislative competence of the Parliament to tax the element of service involved cannot be disputed, but the levy itself would fail, if it does not provide for a mechanism to ascertain the value of the services component which is the subject of the levy.

Chairman CA Vikram Mehta then deliberated on the implications of the judgment with regard to refund of the service tax, time barring provisions, application in current scenario, contrary decisions etc.

Further the group leader explained the decision of Maharashtra State Tax Tribunal in case of M/s. Sumer Corporation vs The State of Maharashtra wherein it was held that construction of building for Slum Redevelopment Authority in exchange for transferable development rights (TDR) is taxable under the MVAT Act. The group then discussed the implications of above judgment on taxation of barter transactions.

The participants were benefited from the presentation and experiences shared by the chairman and the group leader.

A total of 20 participants attended the Study Circle.

Tree Plantation Drive 2016 – Visit to Dharampur – on 6th – 7th August, 2016

A visit to Dharampur was organised for two days by the Human Development and Technology Initiation Committee of BCAS jointly with BCAS Foundation, for Tree Plantation project and visit to various NGOs,at Dharampur, who are engaged in the various welfare activities for Holistic growth of Tribals located in the remote interiors.

ARCH (Action Research in Community Health) Foundation –This NGO has been founded and managed by Dr. Daxaben Patel, which is focussing on Mother and Child Care as well as promoting awareness about basic health care and empowering people with Health Education in the tribal areas of Dharampur. ARCH currently provides primary health care services to approximately 25,000 patients mainly at Mangrol dispensary and at the Dharampur dispensary along with basic health education and preventive services such as vaccinations, prenatal care, well child care, etc. The BCAS Foundation contributed Rs. 25,000/- towards their noble activities.Vanpath Trust – Founded and managed by Mr. Bhikhubhai and Smt. Kokiben Vyas, this NGO works for integrated and holistic growth of villages at Kaprada in Dharampur. Kokiben explained about the challenges faced by the villagers in agriculture, education and other basic needs of their lives. She also explained about the urgent need of planting more and more trees so as to prevent adverse effects of rapid deforestation in the future.

Due to heavy rains over there, entire life of one of the nearby villages named Avalkhandi was disturbed. There was severe damage caused to Roads/ Bridges/ crops etc. In view of helping them to rehabilitate from this nature’s fury, the BCAS Foundation contributed Rs. 25,000/- to Avalkhandi Kelavni Trust.

Sarvodaya Parivar Trust (SPT)– The SPT is a NGO, following Gandhiyan philosophy, engaged in various tribal welfare activities in the field of Education / Health / Agriculture / Water management/ Environment etc. Here a tree plantation project at village Pindval- Darbaarfalia was carried out with enthusiastic participation of the local community of the farmers, The BCAS Foundation committed for plantation of 5,000 trees here. All the members distributed saplings amongst the farmers of Pindval as planned and then moved on farms for actual plantation of trees, the members wholeheartedly participated in the drive as guided along by the farmers, who are poor and marginal, for plantation of trees. Around more than 200 Trees were planted by all members themselves, during the day over three to four different farms. The majority of trees planted were Mango and others were Custard Apple, Guava, Mahagony and Bamboo Trees.

The team also visited the Residential School run by the SPT which is home to more than 350 children from nearby villages. Members had good interactions and time with them. SPT makes sure that all the children study till 8th standard and then help them getting admissions in schools in nearby towns/cities like Valsad, Surat, Vadodara etc. for further studies. This residential school has encouraged poor labourers and farmers in the tribal areas to send their children for further studies. It has helped in reducing child labour, child marriage and other social evils which takes place mainly due to illiteracy and poverty. On behalf of BCAS foundation, team distributed 2 sets of outdoor games like cricket set/ Football/ Badminton set/ Flying Disk etc and 110 Educational Games at SPT for the children of Aashramshalla.

The Tree Plantation Drive and the trip was truly an enriching, enlightening and educational Trip for the members visited. The memories treasured from trip, would always encourage and motivate them to participate more in such events which would be ultimately beneficial for the society at large.

A Team of 28 enthusiastic volunteers (including 15 from youth group) who were willing to take active participation in this noble mission joined the trip and carried out tree plantation and various other activities.

BREXIT and its Global Effects held on 8th August 2016

The International Economic Study Circle Meeting on BREXIT on 8th August, 2016 at BCAS

The speaker Divya B. Jokhakar explained the history of European Union and Britain. Explanations on how UK is one of the most industrialized country in the world was given. She factually discussed the Schegen Treaty and it’s implication on the EU and its countries. During the discussion queries were raised as to how the migration of people into UK or out of UK of British will be affected due to UK voting for the Referendum.

Impact of Brexit on European countries and also China was explained. The speaker explained its trade impact, the repercussion on financial markets and also the relationship of these nations with the USA.

India was mentioned not to be really affected as a nation leaving EU, could not affect India and it’s trade with the trading partner. The issue of the possibilities of UK wishing to re-bond relations with India in order to keep the trading relations alive was debated. Whether world could be affected majorly by Social media was discussed as was the possibility of UK not quitting even though it voted for the exit.

A total of 26 participants attended the study group.

 


Human Development Study Circle Meeting on ‘Dear Stress ….. Let’s Break Up” on 9th Au-gust, 2016 at BCAS Conference Room

The discussion was led by Dr. Nirmee N. Shah (Consultant Psychiatrist), MRC Psych CCT-UK, MSc Clinical Pharmacology. She has a particular interest in complex psychotic disorders and substance misuse besides other common mental health disorders.

She spoke on the meaning on stress, types of Stress, recognizing Stress, managing Stress and what it means to have mental and Physical Health.

She mentioned some learnings from this presentation followed by interaction through questions and answers. A total of 37 participants attended the Study Circle.

 


Direct Tax Study Circle Meetingon ‘Tax Consequences on Forex Transaction’ held on 11th August 2016

The Group leader, CA Vallabh Gokhale which is chaired by CA Sanjeev R. Pandit had meticulously discussed a divergence of views on the treatment of forex transaction to be meted out in the books of accounts and the Indian
Tax Laws covering the plethora of decisions. Further, with an increased flow of inbound/outbound transactions and their complex dynamic structuring, the tax treatment of foreign exchange gains/losses had been surrounded by huge litigation and decision of various courts were discussed in great detail.

The Group leader, had covered various aspects including position as per ICDS which is briefly outlined hereunder:

–    Exchange fluctuation difference – Landmark judgement of Hon’ble SC in case of Woodward Governor India P. Ltd1 and Sutlej Cotton Mills Ltd2

–    Exchange fluctuation on capital account – Discussed the issues under section 43A (per pre and post amendment)

–    Foreign currency derivatives

At the end, various issues were touched upon which one could face keeping in mind FEMA exposure. Further, based on the existence of diverse views on the captioned topic it was discussed to give proper disclosure in accounts as well as under the income tax in order to mitigate penalty exposure and maintain robust documentation.

Lecture Meeting held on 19th August, 2016 in memory of Late Narayan Varma.

The First of the Annual Series of Lecture meeting in memory of Late Narayan Varma commenced on 19th August on his birthday (20th August). The Series was conducted by 3 organizations to which he was closely associated with namely BCAS & BCAS Foundation, PCGT & Dhrama Bharati Mission. Ms Aruna Roy, a Social Activist was the guest speaker for the evening. The meeting was held at K C College, Churchgate, Mumbai.

The session commenced with the lighting of lamps by the Presidents of the 3 organizations and Mrs. Varma along with Ms. Aruna Roy. This was followed by lecture for the evening “RTI in India’s Democracy- Audit by, for and with the people” by Ms. Aruna Roy. Late Narayan Varma had always been a very strong supporter of RTI and always talked across people groups in society to promote and educate them on RTI. Ms. Aruna Roy also a strong supporter for the similar cause described her journey along the same path with Late Narayanbhai. She further talked about the scope of Social Audits and way it has brought about good governance in different parts of the country. Social audit helps in questioning the system for utilization of government funds to the public at large. It facilitates the distribution system to be answerable to the end consumer. Ms. Aruna Roy informed the audience about the various cases of such audits which have brought a lot of discrepancies to light and the necessary actions taken thereon.The second part of the session was the awards session where a category of awards were defined in Memory of Late Narayan Varma for individuals who have done tremendous social work voluntarily for the society. Each organization had nominated one person for the same.

Mr Rashmin Sanghvi from BCAS & BCAS Foundation, Professor R. S. S. Mani from the Dharma Bharati Mission & Ms.Jinal Sanghvi from PCGT, Each organization’s president handed over the award to the awardee.

BCAS & BCAS Foundation nominated Mr. Rashmin Sanghvi for the award as the Society felt that no one other than him suited the position because he had two dreams (i) To help at least one hundred Indians become experts in international taxation and FERA; (ii) To help hundred beggars become financially independent. Since 1987 he has been pursuing both the dreams. As far as FERA & International Taxation are concerned, the spread of the knowledge in India is known.

As far as helping the poor is concerned, so far it was not very well known amongst chartered accountants. It was only in the year 2016 that Mr. Sanghvi published his Gujarati book – “Dharma na Prayogo” and many chartered accountants came to know about his social service. This year happens to be 30th year of his pursuance of both dreams. And at the age of 65 years he is still pursuing. In the year 1987 he started helping hutment dwellers in Vadala. From there, he moved to Kutch in 1992 & Surendranagar in 1994 helping farmers & rural poor in water management. In the year 1998 he went to Dharampur forests in Valsad district. He realised that even with annual rainfall of 150 inches, Dharampur tribals faced acute water shortage in the period of February to June every year. He started helping local NGOs in building check dams and other forms of water management in Dharampur.

In the year 2001 Gujarat was hit with a serious earthquake. Mr. Sanghvi participated in the earthquake relief work with Narayanbhai Varma, Pradeepbhai, Mr. V H Patiland others. BCAS, Chamber of Tax Consultants & other associations jointly provided earthquake relief. In the year 2004 east coast of India was hit with Tsunami. At that time also Mr. Sanghvi participated with BCAS

Foundation in the Tsunami relief work. Again, this was under the leadership of Late Shri Narayanbhai. In the year 2010, he met Ms. Mittal Patel and started helping her in providing relief to the nomadic communities. BCAS Foundation has also helped Ms. Mittal Patel’s NGO – Vicharta Samuday Samarthan Manch (VSSM) through organisation of programme – Udat Abeel Gulal in the year 2015. All these experiences have sharpened his knowledge & understanding of spirituality.

The award was received by Mr. Pradeepbhai Shah on behalf of Mr. Rashmin Sanghvi as he was travelling. The session ended was concluded with a well-deserved Vote of thanks by BCAS Immediate Past President Mr. Raman Jokhakar who chaired the event as the president Mr. Chetan Shah was travelling.

A total of 100 participants attended the meeting The program ended with the National Anthem.

Interactive session for the Students held at RVG Hostel on 20th August 2016.

human  development and technology initiatives (HDTI) Committee of BCas jointly with  RVG  hostel (rajasthan VidhyarthiGruh) organized a special interactive meeting for students pursuing CA.  the theme of the programme was “Success in CA exams”

At the beginning, the President of BCAS CA Chetan Shah welcomed the participants, the Chairman of HDTI Committee CA Nitin Shingala gave specific guidance to the students such as avoiding distractions like WhatsApp, Social Media, etc.

CA Srinivas Joshi (Past Member of Central Council and Examination Committee of ICAI) and CA Mayur Nayak (Past President and Chairman of HDTI Committee of BCAS) were the faculty members for the programme.

Highlight of Srinivas Joshi’s Presentation

  •     Clarity of goal & Commitment    to succeed.
  •     Planning & Managing time for preparation
  •     Scheduling the intensity of one’s study.
  •     Selecting qualitative/ key study materials
  •     Focusing on conceptual clarity
  •     Discussing important topic with friends and like-minded colleagues regularly
  •    Importance of studying publications and study materials of the ICAI.
  •     It is extremely important to practice problem solving and writing notes.
  •     Attempting mock test papers in exam like conditions.
  •     Selecting properly the questions while taking the exam.
  •     Reading questions accurately and have focused answers.
  •     Keeping emotional composure is essential while appearing for each paper.

He also touched upon few other tips for practical guidance for ensuring success rate and clarified on points for which students carry wrong notions.

Highlight of Mayur Nayak’s Presentation:

  • Setting SMART Goals in terms of when to qualify with what desired percentage of marks/ score?
  • Putting goal plan into action.
  • Coping up and balancing emotional and intellectual pressure.
  • Overcoming factors like discouragement, defeat, peer pressure
  • Dealing with fatigue, sense of burn out and recharging.
  • Significance and importance of working sincerely during articleship.
  • Identifying biological rhythm and one’s physical and mental strength
  • Study the most difficult subject when one is fresh/ upbeat.
  • Optimum utilisation of the commuting time for recapitulating the concepts
  • Group discussion help to clear doubts on intricate topics.
  • Essential to focus on physical fitness and exercise.
  • Chanting”japa” and engagingin contemplation regularly and consistently helps to overcome emotional and mental fatigue.

In conclusion, he helped participants with 20 minutes of guided meditation.

The organisers had also invited three rank holders Ms. Zeel Shah, Mr Chintamani Shukla and Mr Aman Kariwala of CA Exam held in May 2016. They shared their experiences with regard to their individual preparation. Their excellent tips matching with thoseof senior faculties were very useful.

Equipped with the useful tips provided by the faculty and seniors, students left feeling charged, confident and determined to perform. About 90 students attended this programme.

Experts Chat @ BCASSharing Insights on Winning in the Global Market Place

BCAS organized a programme on Experts Chat @ BCAS – “Sharing Insights on Winning in

Global Market Place” on 23rd August, 2016 at its Conference Hall, Mumbai in which eminent Speakers Mr Lee Frederiksen, PhD who specializes in professional services and Mr Nishith Desai, Advocate, addressed the audience. They also participated in a conversation to make it more interactive, narrative and thought provoking for the participants present.The event was streamed alive to enable our members to participate online and several members joined and benefited from the expert chat.

The event started with the welcome address by CA Narayan Pasari, Vice President, BCAS who mentioned that this was a new format of meeting initiated by the Society. It was followed by the release of the new BCAS Publication, Income Declaration Scheme-2016 by the hands of Mr Lee Frederiksen, Mr Nishith Desai and CA Ameet Patel, Chairman of Taxation Committee who introduced the publication. Mr Ameet Patel felt that one must spot and seize the opportunity to attain the success in life. Mr Bhadresh Doshi author of the publication was also present. Mr Nishith Desai, applauded the wonderful efforts of Mr Bhadresh Doshi, Author of IDS-2016 Book along with Mr Sanjeev Pandit and Mr.Gautam Nayak who guided and mentored Mr Doshi in vetting the publication in great detail.Mr Nitin Shingala, Chairman of Human Development and technology initiatives (HD&TI) Committee then introduced the subject of the chat. He talked about Network changes and that one should be more creative and innovative in using the network and expertise in Small and Medium Enterprises which are the most vulnerable in the present environment.

Mr Nishit Desai in his interaction mentioned that Brain Count and not Head Count is important to be positive and confidant and nothing deters you from thinking big.

Mr Lee Frederiksen then made a small presentation on Winning in the Global Market Place. He described the role and importance of referrals in brand building. He mentioned that expectations are changing and one to one relation is becoming a reality now. He also explained the distinction between the Referral Marketing and Sponsorship Marketing. Under referrals, social relationship i.e. attending a meeting/speech/seminar, reading an article, book etc and social media and networking sites such as website online search, online referrals and online search help a lot in generating business. Similarly, Sponsorship is another source of attracting the attention of clients in building the market space. However, in comparison, Sponsorship is the single largest marketing expense in the organizational marketing strategy. Mr Lee also gave more emphasis on the level of expertise and skills the professionals should possess while interacting with the clients and marketing their products like core competency in dealing with clients within the profession and outside the profession. Greater the expertise, greater the expectation in achieving and sustaining business growth. Therefore, professionals must have the ability to display and nurture expertise in building, developing and tracking capabilities. The expertise should be visible so as to market the consultancy services/ products to professionals/clients to make the small and medium firms into big enterprises and conglomerates.

After Mr Lee’s presentation, the dais was set for an interactive chat between Mr Lee and Mr Nishith before the audience and online viewers. Mr Nishith Desai raised some key issues relevant to the professional fraternity which were responded by Mr Lee Frederiksen

After the above chat, Mr Nishith Desai thanked the chief guest Mr Lee and Question and Answer session was opened to the floor. Many questions raised were answered by Dr Lee.

A total of around 70 participants attended the Experts Chat @ BCAS with an equal number live on the stream. The programme was very interactive and well appreciated by the attendees with a huge round of applause. The meeting concluded with a vote of thanks by CA Mr Kinjal Shah

 

 

 

Joint Seminar on Internal Financial Controls and Reporting under CARO, 2016 at Ahmedabad held jointly with Chartered Accountants Association, Ahmedabad on 23rd August, 2016.

Accounting and Auditing Committee of BCAS, with a vision of focussing increased engagement of the Society with its members by reaching out to them at their doorsteps, took a step in this direction by joining hands with Chartered Accountants Association, Ahmedabad and organising release of a BCAS Publication “Reporting under CARO – A Compilation” at Ahmedabad along with a Joint Seminar on Internal Financial Controls for Small and Medium Enterprises and Reporting under CARO, 2016. This was thought apt, since the compilers of the publication CA. Viren Shah and CA. Jeyur Shah were from Ahmedabad.

The Joint Seminar was held on 23rd August, 2016, at Shantinath Hall, Ahmedabad Branch of WIRC of ICAI, “ICAI Bhawan”, Ashram Road, Ahmedabad. The Joint Seminar was very well attended by 130 plus participants.The inaugural address was by the President of Chartered Accountants Association, Ahmedabad, CA Rajubhai Shah. He was very delighted to have BCAS joining in the knowledge sharing journey at Ahmedabad and conveyed desire to have more such joint programs for the benefit of the BCAS members in Gujarat as well as its own members. CA. Mukeshbhai Khandwala, past President of Chartered Accountants Association, Ahmedabad and member of BCAS, spoke about the long association of the two organisations which had lost connect for some years and was glad that the efforts have again been made to have exchange of professional learnings. Later, President of BCAS, CA Chetan Shah, was invited to share his thoughts. He also conveyed the feeling that BCAS was eager to extend its reach and go to the doorsteps of its members to serve them in their professional pursuit. He informed the participants about the activities of the BCAS and requested the non-members to join BCAS. His address was followed by Accounting and Auditing Committee of BCAS, Chairman, CA. Himanshu Kishnadwala, who informed the participants of the relevance of the topics chosen for the joint seminar. The first session was on the topic, “Internal Financial Controls for Small and Medium Enterprises” which was addressed by CA. Himanshu Kishnadwala. He in his inimitable style with relevant illustrations and useful tips dealt with the topic with finesse and relieved the members of the stress which was felt while dealing with IFC in small and medium enterprises.

CA Abhay Mehta was the speaker for the second session on “Reporting under CARO, 2016”. His presentation covered the recently introduced clauses and modified clauses. Later he took the participants through each clause, the relevance of such clauses and the practical way of collating information for reporting under each clause.

This session was followed with brief ceremony of release of the BCAS Publication “Reporting under CARO – A Compilation” at the hands of Past President of ICAI, CA. Sunil Talati. During his brief address he acknowledged the efforts of the compilers of the publication. He also praised the BCAS and its journal for serving the profession. He also appreciated the efforts of BCAS and CAA to reach out to the members with joint programs.

An interactive session was arranged post lunch where the posers relating to the two topics discussed in the morning session were provided to the speakers. CA Himanshu Kishnadwala replied to the IFC posers as well as some of the CARO posers. CA Abhay Mehta replied to the CARO posers.

The joint seminar was acknowledged by the participants as a knowledge gaining experience.

RBI /FEMA

Given below are the highlights of certain RBI Circulars &
Notifications

53.  A. P. (DIR Series)
Circular No.  6 dated October 20, 2016

Review of sectoral caps and simplification of Foreign Direct
Investment (FDI) Policy

This circular highlights the salient features of various
amendments made to the Consolidated FDI Policy by the Central Government from
time to time. The effect of these changes to the Consolidated FDI Policy, on
Notification No. FEMA. 20/2000-RB dated 3rd May 2000 – Foreign
Exchange Management (Transfer or Issue of Security by a Person Resident outside
India) Regulations, 2000, have been notified by RBI vide the following 3
Notifications: –

1.  Notification No.
FEMA.354/2015-RB dated October 30, 2015, (c.f. G.S.R No.823 (E) dated October
30, 2015).

2.  Notification No. FEMA
361/2016-RB dated February 15, 2016 (c.f. G.S.R No 165(E) dated February 15,
2016).

3.  Notification No. FEMA
362/2016-RB dated February 15, 2016, (c.f. G.S.R No. 166 (E) dated February 15,
2016).

54.  A. P. (DIR Series)
Circular No.  7 dated October 20, 2016

Notification No. FEMA 363/2016-RB dated April 28, 2016 

Investment by a Foreign Venture Capital Investor (FVCI) registered
under SEBI (FVCI) Regulations, 2000

This circular states that Schedule 6 of Notification No. FEMA.
20/2000-RB dated 3rd May 2000 – Foreign Exchange Management
(Transfer or Issue of Security by a Person Resident outside India) Regulations,
2000, dealing with Investment in India by SEBI registered Foreign Venture Capital
Investors (FVCI) has been amended.

The amendments provide that SEBI registered FVCI: –

1.  Will not have to obtain
RBI permission for making investments under this Schedule.

2.  Can invest in equity or
equity linked instruments or debt instruments issued by an Indian company whose
shares are not listed on a recognised stock exchange at the time of issue of
the said securities / instruments provided the Company is engaged in any of the
following sectors: –

i)
Biotechnology

ii)
IT related to hardware and software
development

iii)
Nanotechnology

iv)
Seed research and development

v)
Research and development of new chemical
entities in pharmaceutical sector

vi)
Dairy industry

vii)
Poultry industry

viii)
Production of bio-fuels

ix)
Hotel-cum-convention centres with seating capacity of more than three thousand

x)
Infrastructure sector.

3.  Can invest in equity or
equity linked instruments or debt instruments issued by an Indian ‘startup’
irrespective of the sector in which the startup is engaged.

4.  Can invest in units of a
Venture Capital Fund (VCF) or of a Category I Alternative Investment Fund
(Cat-I AIF) (registered under the SEBI (AIF) Regulations, 2012) or units of a
Scheme or of a fund set up by a VCF or by a Cat-I AIF. However, the VCF or
Cat-I AIF, which has received investment from FVCI, will have to comply with
the provisions for downstream investment as laid down in Schedule 11.

5.  Can open a foreign
currency account and / or a rupee account with a designated bank branch for the
purpose of making transactions only and exclusively under this Schedule.

6.  Must pay for all
investments out of inward remittance from abroad through normal banking
channels or out of sale / maturity proceeds of or income generated from
investment already made as per details mentioned above.

7.  Can, without restriction,
transfer any security / instrument held by it to any person resident in or
outside India.

The entity receiving investment directly from a registered FVCI
must report the investment in form FCGPR.

55.  A. P. (DIR Series)
Circular No.  8 dated October 20, 2016

Notification No. FEMA 375/2016-RB dated September 9, 2016

DIPP Press Note No. 6 (2016
Series) dated October 25, 2016

Foreign investment in Other
Financial
Services

Para 5.2.26 – “Non-Banking Financial Companies” – of the
Consolidated FDI Policy for 2016 has been replaced as under: –

Sector/Activity

% of Equity/

FDI cap

Entry Route

Other Financial Services

Financial Services
activities regulated by financial sector regulators, viz., RBI, SEBI, IRDA,
PFRDA, NHB or any other financial sector regulator as may be notified by the
Government of India.

100%

Automatic

Other Conditions

i.   Foreign investment in ‘Other Financial Services’ activities
shall be subject to conditionalities, including minimum capitalization norms,
as specified by the concerned Regulator/Government Agency.

ii.   ‘Other Financial Services’ activities need to be regulated by
one of the Financial Sector Regulators. In all such financial services
activity which are not regulated by any Financial Sector Regulator or where
only part of the financial services activity is regulated or where there is
doubt regarding the regulatory oversight, foreign investment up to 100% will
be allowed under Government approval route subject to conditions including
minimum capitalization requirement, as may be decided by the Government.

iii.  Any activity which is specifically regulated by an Act, the
foreign investment limits will be restricted to those levels/limit that may
be specified in that Act, if so mentioned.

iv.  Downstream investments by any of these entities engaged in
“Other Financial Services’  will
be subject to the extant sectoral regulations and provisions of Foreign
Exchange Management (Transfer or Issue of Security by a Person Resident
outside India) Regulations, 2000, as amended from time to time

56.  A. P. (DIR Series)
Circular No.  9 dated October 20, 2016

Rupee Drawing Arrangement – Trade related remittance limit

This circular states that the maximum value per trade transaction
under the Rupee Drawing Arrangement cannot be more than Rs. 15 lakh.

57.  A. P. (DIR Series)
Circular No.  10 dated October 20, 2016

External Commercial Borrowings (ECB) –
Extension and conversion

Presently, banks are permitted to approve changes in repayment
schedule of ECB prior to its maturity only if the average maturity and
all-in-cost are in conformity with applicable ceilings / norms.

This circular provides that banks can, subject to applicable
guidelines, also (a) grant extension and (b) permit conversion into equity – of
matured but unpaid ECB if: –

i.  No additional cost is incurred.

ii. Lender’s
consent is available.

iii.
Reporting requirements are fulfilled.

58.  A. P. (DIR Series)
Circular No.  11 [(1)/14(R)] dated
October 20, 2016

Foreign Exchange Management (Manner of
receipt and payment) Regulations, 2016

This circular highlights the changes made to the Foreign Exchange
Management (Manner of receipt and payment) Regulations, 2016 which have been
notified vide Notification No. FEMA 14 (R)/2016-RB dated May 02, 2016.

The changes pertain to: –

1.  Manner of receipt in
foreign exchange from: –

a.  Members of the Asian
Clearing Union (ACU).

b.  All other countries.

2.  Manner of payment in
foreign exchange from: –

a.  Members of the Asian
Clearing Union (ACU).

b.  All other countries.

59.  A. P. (DIR Series)
Circular No. 13 dated October 27, 2016

External Commercial Borrowings (ECB) by Startups

This circular contains the framework for raising ECB by Startups
recognised as such by the Central Government. The main highlights of the
framework are: –

Maturity: Minimum average maturity period must be 3 years.

Recognised lender: Lender / investor must be a
resident of a country who is either a member of Financial Action Task Force
(FATF) or a member of a FATF-Style Regional Bodies. However, the lender /
investor must not be: –

1.  From a country identified
in the public statement of the FATF as: –

i.   A jurisdiction having a
strategic Anti-Money Laundering or Combating the Financing of Terrorism
deficiencies to which counter measures apply; or

ii.  A jurisdiction that has
not made sufficient progress in addressing the deficiencies or has not
committed to an action plan developed with the Financial Action Task Force to
address the deficiencies.

2.  An Overseas branch /
subsidiary of an Indian bank and / or overseas wholly owned subsidiary / joint
venture of an Indian company.

Forms of Borrowing: Borrowing can be in the form of
loans or non-convertible, optionally convertible or partially convertible
preference shares. Also, the funds must come from a country which qualifies as
a Recognised Lender as mentioned above.

Currency: The borrowing must be denominated in any freely convertible
currency or in Indian Rupees (INR) or a combination of both. In case of
borrowing in INR, the non-resident lender, is required to mobilize INR through
swaps / outright sale undertaken through a bank in India.

Amount: Borrowing per Startup is limited to US $ 3 million or equivalent
per financial year either in INR or any convertible foreign currency or a
combination of both. However, provisions on leverage ratio and ECB liability:
Equity ratio will not be applicable.

All-in-cost: Must be mutually agreed between the borrower
and the lender.

Permitted End-uses: For any expenditure in connection
with the business of the borrower.

Conversion into equity: Subject to applicable Regulations
for foreign investment in Startups, conversion into equity is freely permitted.

Security: The choice of security to be provided to the lender is left to
the borrowing entity. Security can be in the nature of movable, immovable,
intangible assets (including patents, intellectual property rights), financial
securities, etc., and shall comply with foreign direct investment / foreign
portfolio investment / or any other norms applicable for foreign lenders /
entities holding such securities.

Corporate and personal guarantee: Issuance of corporate or
personal guarantee is allowed. Guarantee issued by non-resident(s) is allowed
only if such parties qualify as recognised lender(s) as mentioned above. However,
issuance of guarantee, standby letter of credit, letter of undertaking or
letter of comfort by Indian banks, all India Financial Institutions and NBFC is
not permitted.

Hedging: Where ECB is in INR the overseas lender can hedge its INR
exposure through permitted derivative products with banks in India. The lender
can also access the domestic market through branches / subsidiaries of Indian
banks abroad or branches of foreign bank with Indian presence on a back to back
basis.

Conversion rate: In case of borrowing in INR, the
foreign currency – INR conversion must be at the market rate on the date of
agreement.

Other provisions: The Startup will have to comply
with existing provisions like parking of ECB proceeds, reporting arrangements,
powers delegated to banks, borrowing by entities under investigation, etc.

60.  Circular No.
FMRD.DIRD.10/14.03.01/2016-17 dated October 28, 2016

Money Market Futures

Presently, only futures based on the 91-day Treasury Bill, which
is a money market instrument are permitted.

This circular now permits futures based on any money market
instrument or money market interest rate. Notification regarding the same is
enclosed with this Circular.

61.  A. P. (DIR Series)
Circular No. 14 dated November 03, 2016

Issuance of Rupee denominated bonds overseas by Indian banks

This circular now permits Indian banks, subject to certain
conditions and within the overall limit for foreign investment in corporate
bonds of Rs. 244,323 crore, to issue: –

i.   Perpetual Debt
Instruments (PDI) qualifying for inclusion as Additional Tier 1 capital and
debt capital instruments qualifying for inclusion as Tier 2 capital, by way of
Rupee Denominated Bonds overseas; and

ii.  Long term Rupee
Denominated Bonds overseas for financing infrastructure and affordable housing.

62.  A. P. (DIR Series)
Circular No. 15 dated November 07, 2016

External Commercial Borrowings (ECB) – Clarifications on hedging

This circular, with respect to hedging of ECB, clarifies as under:

i. Coverage: Wherever hedging has been mandated by the RBI,
the ECB borrower will be required to cover principal as well as coupon through
financial hedges. The financial hedge for all exposures on account of ECB
should start from the time of each such exposure (i.e. the day liability is
created in the books of the borrower).

ii. Tenor and rollover: A minimum tenor of one year of
financial hedge would be required with periodic rollover duly ensuring that the
exposure on account of ECB is not unhedged at any point during the currency of
ECB.

iii. Natural Hedge: Natural hedge, in lieu of financial hedge, will be considered only to
the extent of offsetting projected cash flows / revenues in matching currency,
net of all other projected outflows. For this purpose, an ECB may be considered
naturally hedged if the offsetting exposure has the maturity/cash flow within
the same accounting year. Any other arrangements/ structures, where revenues
are indexed to foreign currency will not be considered as natural hedge.

Further, it will be the banks responsibility to verify that 100%
hedging requirement is complied with.

63.  A. P. (DIR Series)
Circular No. 16 dated November 09, 2016

Government of India Notification published in the Gazette of India
vide S.O.3408(E) dated November 08, 2016

Withdrawal of the legal tender character of the existing and any
older series banknotes in the denominations of ? 500 and ? 1000

This circular provides that older series banknotes in the
denominations of ? 500 and ? 1000 will continue to be legal tender until
November 11, 2016 to the extent of transactions specified below: –

(i) At international airports, for arriving and departing
passengers, who possess specified bank notes, the value of which does not
exceed ? 5,000 to exchange them for notes which are legal tender; and

(ii) For foreign tourists to exchange foreign
currency or specified bank notes, the value of which does not exceed ? 5,000,
to exchange them for notes which are legal tender.

64.  A. P. (DIR Series)
Circular No. 17 dated November 11, 2016

Issue of Pre-Paid Instruments to foreign tourists

This circular permits Authorized Persons may
issue Pre-paid instruments to foreign tourists in terms of the instructions
issued by Department of Payments and Settlement System, Reserve Bank of India,
in exchange of foreign exchange tendered. Passport of the foreign tourist will
be a valid document for issuance of the said instruments.

65.  A. P. (DIR New Series)
Circular No. 18 [(1)/12 (R)]dated November 17, 2016

Notification No. FEMA. 12(R)/2015-RB dated December 29, 2015

Foreign Exchange Management (Insurance) Regulations, 2015

This Notification repeals and replaces the earlier Notification
No. FEMA 12/2000-RB dated May 3, 2000 pertaining to Foreign Exchange Management
(Insurance) Regulations, 2000.

Annexed to this circular are: –

a.  Memorandum of Foreign
Exchange Management Regulations relating to General/Health Insurance (GIM) in
India.

b.  Memorandum of Foreign
Exchange Management Regulations relating to Life Insurance (LIM) in India.

66.  A. P. (DIR Series) Circular No. 19 dated
November 17, 2016

Notification No. FEMA 374/2016-RB dated October 24, 2016

Investment by Foreign Portfolio
Investors (FPI) in corporate debt securities

This circular permits FPI to invest
in the following additional instruments: –

1.  Unlisted corporate debt
securities in the form of non-convertible debentures/bonds issued by public or
private companies subject to minimum residual maturity of three years and end
use-restriction on investment in real estate business, capital market and
purchase of land.

2.  Securitised debt
instruments as under: –

(a) any certificate or instrument
issued by a special purpose vehicle (SPV) set up for securitisation of asset/s
where banks, FIs or NBFCs are originators; and/or

(b) any certificate or instrument
issued and listed in terms of the SEBI Regulations on Public Offer and Listing
of Securitised Debt Instruments, 2008.

However, investment by FPI in the
unlisted corporate debt securities and securitised debt instruments must not
exceed Rs. 35,000 crore and must be within the extant investment limits
prescribed for corporate bond – the present limit is Rs. 2,44,323 crore.
Further, investment in securitised debt instruments will not be subject to the
minimum 3-year residual maturity requirement. _

Part A – Direct taxes

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1.    Direct Tax Press Release dated 29th August 2016 -The Protocol amending DTAA between India and Mauritius was signed by both countries on 10th May, 2016. The Protocol was entered into force in India on 19th July, 2016 and has been notified in the Official Gazette on 11th August, 2016.

2.    Search and Survey operations and Income Declaration Scheme – Circular No. 32 dated 1st September 2016

Wherever in the course of search under section 132 or survey operation under section 133A of the Act, any document is found as a proof for having already filed a declaration under the Income Declaration Scheme, including acknowledgement issued by the Income-tax Department for having filed a declaration, no enquiry would be made by the Income-tax Department in respect of sources of undisclosed income or investment in movable or immovable property declared in a valid declaration made in accordance with the provisions of the Scheme.

3.    Press Release dated 5th September 2016 – Income Declaration Scheme 2016

– Government issues Clarifications in the form of Sixth Set of Frequently Asked Questions

4.    RBI Circular DBR.No. Leg.BC. 13-09.07.005-2016-17 dated 8 September 2016

– RBI has instructed the banks to accept cash deposits from all the declarants under the Income declaration Scheme irrespective of amount, over the counters, for making payment under the Scheme through challan ITNS-286.

5.    Order F.No.225-195-2016-ITA-II dated 9th September 2016

– Due-date provided under section 139(1) for furnishing return of Income and obtaining Tax Audit Report extended from 30th September, 2016 to 17th October, 2016.

6.    Further Clarifications on the Direct Tax Dispute Resolution Scheme, 2016

– Circular No. 33 dated 12th September 2016 and Instruction no 8 dated 15 September 2016

7.    Circular No. 34 dated 21st September 2016 – where a declaration is made under the Income Declaration Scheme for years, which are not under assessment on an identical issue which is pending in assessment under section 143(3)/147 of the Act , no penalty or prosecution be initiated against such person if he offers to pay the tax and interest, on such issue for the year pending in assessment under section 143(3)/147

8.    Procedure for generation of scrutiny notices under Section 143(2) for limited and full scrutiny under CASS

– Instruction No. 3 dated 16.09.2016

9.    Revised guidelines for engagement of standing counsels and schedule of fees payable  to them
 
– Instruction no. 6 and 7 dated 7 September 2016

10.    Procedure for issue of NOC , voyage return and voyage assessment in case of foreign shipping companies

– Circular No. 30/2016 dated 26th August 2016

Part c Iinformation on & Around

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6,000 RTI cases pending in Assam
A total of 6,220 cases of RT I complaints and appeals are pending in the office of the Assam Information Commission where the post of information commissioner remains vacant.

The Assam Information Commission has three sanctioned posts – a chief information commissioner and two information commissioners. However, one post of information commissioner has been lying vacant since the tenure of Mohan Chandra Malakar, a retired principal chief conservator of forests (wildlife), expired in March 2014, he added.

Das, a retired additional chief secretary in the Assam government, had assumed charge on December 1, 2014. His post had been lying vacant since January 2011, when his predecessor D.N. Dutt’s term expired. When Das took charge, both the posts of information commissioners were vacant, following the expiry of the tenures of the previous incumbents, and more than 6,000 cases were pending. .

265 officers fined over Rs 22 lakh for refusing information under the RTI Act
As many as 265 public information officers across Karnataka have been penalised for a total of Rs 22,44,500 during the last 10 months for denying information under the RT I Act. As per the RT I Act 2005, public information officers have to provide information u/s. 7(1) within 30 days. RT I Commissioner Shankar R. Patil has recommended disciplinary action against the officers, including many senior officers of urban development, revenue and education departments, BBMP, BDA, AC’s, Additional Deputy Commissioners and tahsildars for their failure to provide information without any valid reason. .

Delhi HC imposes costs on RTI applicant for filing vague and irrelevant RTI queries

The Delhi High Court, in Shail Sahni vs. Valsa Sara Mathew, took an RTI applicant to task for filing vague and irrelevant RT I queries. Justice Man Mohan of Delhi High Court imposed costs of Rs. 25,000 on the applicant who approached had High Court seeking compensation of Rs. 4 lakh. The RT I applicant had approached the High Court challenging the CIC order refusing to intervene in denial of RT I replies to the queries she posed to Ministry of Defence. He submitted that CIC has committed an error in holding that Commission’s interference is not required in the matter. The Court, after perusing the applications filed by him, opined that that they are general, wide, ambiguous and vague. The Court also observed that the petitioner-applicant had approached High Court earlier too, in which the Court had dismissed his petition and observed that the “misuse of the RTI Act has to be appropriately dealt with, otherwise the public would lose faith and confidence in this “sunshine Act”. A beneficent statute, when made a tool for mischief and abuse must be checked in accordance with law”. Despite the aforesaid judgment, the petitioner continued to file filing general, irrelevant and vague queries, which was dismissed by the court with costs of Rs.25,000 to be paid by the petitioner to the Lok Nayak Hospital, New Delhi within a period of three weeks, Justice Manmohan said. However, the Court also observed that if the petitioner-applicant were to file a fresh application with the PIO prioritising his requirement and identifying the precise information, the same shall be supplied.

Mumbai University offers a sixmonth PG certificate course in Right to Information (RTI) Act.
The Department of Civic and Politics, which is designing the course content and identifying the subjects in the curriculum will hold classes for this academic session from 16th January 2016. To mark this occasion, the University had organised an inaugural function in its Kalina Campus which was attended by RT I activist Nikil Dey, former Central Information Commissioner Shailesh Gandhi and Chief Information Commissioner Ratnakar Gaikwad. Vice-chancellor Sanjay Deshmukh. Admission process for the course has already begun and university is targeting social activists, PIOs, journalists, bureaucrats and members of civil society to ensure more effective use of the RT I. Information activist who doled out lakhs as RT I fee was felicitated.

Arunachal RT I Activist Forum (ART IAF) felicitated Mr. Nabam Pali for his effort to reduce the RT I application fee from Rs. 10 to 2 in the state, in Itanagar, Arunachal Press Club (APC) President Chopa Cheda while felicitating Nabam Pali in a simple yet impressive function congratulated him for achieving the feat.

Part A Decision of Supreme Court

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RBI Directed To Disclose Information under Right to Information Act

The Supreme Court, in a landmark decision (Reserve Bank of India vs. Jayantilal Mistry) ruled that the RBI does not place itself in a fiduciary relationship with the financial institutions because, the reports of the inspections, statements of the bank and other information related to the banks’ business do not fall under the purview of the term confidence or trust. Whilst delivering the judgment for the bench, Justice M.Y. Eqbal, explaining the nature of functions of the banking sector regulator, said: “the RBI is supposed to uphold public interest and not the interest of individual banks. The RBI is clearly not in any fiduciary relationship with any bank. RBI has no legal duty to maximise the benefit of any public sector or private sector bank, and thus there is no relationship of ‘trust’ between them. The RBI has a statutory duty to uphold the interest of the public at large, the depositors, the country’s economy and the banking sector. Thus, RBI ought to act with transparency and not hide information that might embarrass individual banks”.

Contentions by The RBI: RBI declined to disclose the information such as unpaid loans, top defaulters of the public sector banks, fines imposed by it on other banks etc., on the ground of being exempted under Section 8(1)(a), (d) and (e) of the RT I Act. The refusal to reply to the RT I queries was based on the premise of protecting economic interest, commercial confidence, and fiduciary relationship of RBI with other banks. RBI further contended that RT I Act was a general law and it could not override the confidentiality provisions under the specific legislations such as Banking Regulation Act, 1949, the Reserve Bank of India Act, 1934 and the Credit Information Companies (Regulation) Act, 2005.

Court’s Findings: The Apex Court rejected the arguments made by the RBI and upheld the order of the CIC. It observed that RBI does not place itself in fiduciary relationship with other banks as information received from other financial institutions is not received under pretext of trust or confidence but under the ambit of RBI’s statutory duty to oversee the functioning of the banks and the country’s banking sector. Therefore, RBI is duty bound to comply with the provisions of the RT I Act and disclose the information sought in the instant case.

The RBI’s contention that disclosure of information would prejudicially affect the economic interest of the State and may lead to a crisis of financial stability if information sought is sensitive, was also rejected by the Court as being baseless and it was held that the disclosure in question would serve public interest.

The Court further observed that the right to information regarding the functioning of public institutions is a fundamental right enshrined in Article 19 of the Constitution, and the RT I Act being a later legislation aimed to bring transparency, overrides all earlier laws and practices except in case of specific exemptions enumerated u/s. 8 of the RT I Act.

Publicised as a landmark win, this judgement has been welcomed by the RT I activists. The implications of this judgement may indeed be far reaching, paving the way for greater accountability and transparency in the financial market.

NOTE:
1 Section 8 of the RTI Act mentions “exemption from disclosure of information.—
(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.”

Ethics and U

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Arjun (A) — Hey Shrikrishna, we have been meeting every month to discuss
the ethical issues, disciplinary mechanism and things like that. But
tell me, where shall I find all this information?

Shrikrishna
(S) —There are many sources. But you are always on the battlefield.
Always fire-fighting! Where will you find time to read. You can always
ask me!

A — That is alright. But you are not that easily accessible to all, no? That’s the problem.

S — That’s true. I am reachable by ‘Bhakti’ alone. True devotion my dear, real, genuine devotion

A — But if we want you to save us from disciplinary case, how do we worship you? What is the Bhakti that you like?

S
— That’s a good question. The best form of my worship is to do your
duty i.e. karma religiously. U nfortunately, many of you are operating
very loosely; in an unprofessional manner. You never upgrade your
skills.

A — Why? We do have to complete our quota of CPE hours ! 30 hours every year, You see !

S
— I know. Don’t tell me how most of you just ‘manage’ it. You people do
it merely as a compliance. That too, because it is compulsory! Its
spirit is lost.

A — And there also, we always seek ‘extension’. Anyway, first tell me which books to refer.

S — Arjuna, you CAs must have read a lot of books, but I bet you have not read your ‘CA Act, 1949’.

A
— Yeah, you are right. I am only aware that there is a CA Act. But have
never gone through the same. Perhaps it was there in our final CA
syllabus.

S — Great Memory ! But my dear, it was amended in the year 2006.

A — May be! Who has time to read? You see.

S
— Ah…the common excuse – ‘No time’! See Arjuna, your CA Act is the
base of Code of Ethics. And you should atleast make an effort to go
through that. Chapter V of that Act deals with misconduct.

A — Oh! I see. S — Next is CA Regulations. Just as you have Income tax Rules, there are CA Regulations also.

A
— Achha. But these are bare texts. How will I understand everything
only by reading these. Besides, reading bare texts is so boring!

S
— Ya…there you are! You also have a book – ‘Code of Ethics’ published
by your Institute. This is like a commentary. It has elaboration on
various sections and both the Schedules. At the end of this book, one
can also see Council General Guidelines.

A — Oh that’s good. That means I have to read CA Act, Regulations and this commentary. This is so less compared to Income tax!

S
— No, wait…there is more to it. For your better understanding, the
Institute has also published FA Qs. You also have Appellate Authority
(Procedure) Rules, Enquiry Rules and so on.

A — But, Prabhu,
sometimes I have practical doubts like, how to enrol an article, how to
open a second office and many such things. Reading these books and
guidelines will help me? Or should I call the Institute office directly.

S — Arjuna, your Institute is very smart!. For such practical
queries, you have a ‘Manual For Members’. It has all information like,
which form to fill up, what is the time limit, what is the limit for
enrolment of articles, how much is the fees etc.

A — Do we have any online material for quick reference?

S
— Yes, of course! Your generation does not want the pain to go through a
book!!!…Online search is always a better option for you guys.

A — Hey Bhagwan, you know me so well….you see, when its online, we can always do ctrl+F and make things faster!

S
— Yes… the famous ctrl+F and google search. That’s the reason your
generation is so fast. But most of the time its half baked knowledge.
Anyway, my dear Arjuna, all this material is available on the
Institute’s website. You also have ESB website.

A — ESB? What is that?

S — It is Ethical Standards Board. Do you remember CESURA?

A
— Ya…I had read about that in CA Final. As far as I remember it is
Committee on Ethical Standards and Unjustified Removal of Auditors.

S
— Yes, that CESURA is now renamed to ESB. Even ESB has got good
technical stuff on its website. It has also uploaded Ethics Plus, a
brochure in question-answer form. Why don’t you go through the ESB
website yourself? I can’t spoon feed you everything.

A — Wow….Bhagwan, I never knew, we have so much literature on our Code of Ethics.

S
— Arjuna, remember, this literature is for your help and clarity only.
But eternal vigilance still stands. Always be upright and independent.
That’s what your profession stands for. And that is my real worship.
Understand?

A — Yes, Prabhu! Well said!

Om shanti !!!!!

Note
This dialogue intends to give information about various technical materials available on the Code of Ethics.

From Published Accounts

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Section B:

Revision of Financial Statements pursuant to Composite Scheme of Arrangement

Jindal Stainless Ltd . (year ended 31st March 2015)

From Notes to Financial Statements

27. Composite Scheme of Arrangement

1. A Composite Scheme of Arrangement (here in after referred to as ‘Scheme’) amongst Jindal Stainless Limited (the Company/Transferor Company) and its three wholly owned subsidiaries namely Jindal Stainless (Hisar) Limited (JSHL), Jindal United Steel Limited (JUSL) and Jindal Coke Limited (JCL) under the provision of section 391-394 read with section 100- 103 of the Companies Act, 1956 and other relevant provision of Companies Act, 1956 and/or Companies Act, 2013 has been sanctioned by the Hon’ble High Court of Punjab & Haryana, Chandigarh vide its Order dated 21st September 2015, modified by Order dated 12th October, 2015. The Schemes inter-alia includes:-

a) Demerger of the Demerged Undertakings (as defined in the scheme) of the Company comprising of the Ferro Alloys Division located at Jindal Nagar, Kothavalasa (AP) and the Mining Division of the Company and vesting of the same in Jindal Stainless (Hisar) Limited (JSHL) w.e.f. appointed date i.e. close of business hours before midnight of March 31, 2014. (Section I of the Scheme)

b) Transfer of the Business undertaking 1 (as defined in the scheme) of the Company comprising of the Stainless Steel Manufacturing Facilities of the Company located at Hisar, Haryana and vesting of the same with Resultant Company (JSHL) on Going Concern basis by way of Slump Sale along with investments in the domestic subsidiaries (listed in Part B of schedule 2 of the Scheme) of the company w.e.f. appointed date i.e. close of business hours before midnight of 31st March, 2014. (Section II of the Scheme)

c) Transfer of the Business undertaking 2 (as defined in the scheme) of the Company comprising, interalia, of the Hot Strip Plant of the Company located at Odisha and vesting of the same in Jindal United Steel Limited on Going Concern basis by way of Slump Sale w.e.f. appointed date i.e. close of business hours before midnight of March 31, 2015. (Section III of the Scheme)

d) Transfer of the Business Undertaking 3 (as defined in the Scheme) of the Company comprising, interalia ,of the Coke Oven Plant of the Company Located at Odisha and vesting of the same with Jindal Coke Limited on Going Concern basis by way of Slump Sale w.e.f. appointed date i.e. close of business hours before midnight of March 31, 2015. (Section IV of the Scheme)

Section I and Section II of the Scheme became effective on 1st November, 2015, operative from the said appointed date as stated in sub-para (a) and (b) above and Section III and Section IV (for section III and IV appointed date as stated in sub-para (c) & (d) above) of the Scheme will become effective on receipt of necessary approvals from the OIIDCO or any other concerned authorities for transfer/ grant of the right to use in the land on which Hot Strip & Coke Oven Plants are located as specified in the Scheme.

2. Pursuant to the Section I and Section II of the Scheme becoming effective:

a) Demerged Undertakings and Business undertaking 1 has been transferred to and vested in JSHL with effect from the said Appointed Date and the same has been given effect to in these accounts.

b) The difference of Rs. 58,512.65 lakh between the book values of assets and liabilities pertaining to the Demerged Undertakings transferred has been adjusted against Security Premium Account.

c) Share capital of JSHL comprising of 2,50,000 equity shares having face value of Rs. 2 each, 100% held by the Company deemed to has been cancelled. Accordingly the said investment amounting to Rs. 5.00 lakh has been charged off in the Statement of Profit & Loss and has been included under Exceptional Item.

d) Business Undertaking 1 (as defined in sub-para (b) of 1 above) has been transferred at a lump sum consideration of Rs. 280,979.52 lakh; out of this, Rs. 260,000.00 lakh shall be paid by JSHL and Rs. 20,979.52 lakh has been adjusted against sum of Rs. 57,598.19 lakh lying payable to JSHL in the books of the Company.

Against the balance amount of Rs. 36,618.67 lakh, the company is to issue equity shares to JSHL at a price to be determined with the record date to be fixed as specified in the Scheme. Pending allotment, the same has been shown as “Share Capital Suspense Account”.

e) On transfer of Business Undertaking 1, the differential between the book values of assets & liabilities transferred and the lump sum consideration received as stated above amounting to Rs. 116,021.85 lakh has been credited in the Statement of profit & loss and included under Exceptional Item. (Note no. 30)
f) In terms of the Scheme, all the business and activities of Demerged Undertakings and Business Undertaking 1 carried on by the company on and after the appointed date, as stated above, are deemed to have been carried on behalf of JSHL. Accordingly, necessary effects have been given in these accounts on the Scheme becoming effective.
g) The necessary steps and formalities in respect of transfer of properties, licenses, approvals and investments in favour of JSHL and modification of charges etc. are under implementation. Further transfer of Mining Rights to Demerged Undertakings (as referred in para 1 (a) above) is subject to necessary approvals of the concerned authorities.

3. Pursuant to the Scheme the effects on the financial statements of operations carried out by the company for on behalf of JSHL post the said appointed date have been given in these accounts from the effective date (for the close of business hours before midnight of 31st March, 2014) are as summarised below :

As stated in note no. 1 above, section I and section II of the Scheme became effective from the appointed date i.e. from close of business hours before midnight of 31st March, 2014.

4. The financial statements of the Company for the year ended 31st March, 2015 were earlier approved by the Board of Directors at their meeting held on 30th May, 2015 on which the Statutory Auditors of the Company had issued their report dated 30th May, 2015. These financial statements have been reopened and revised to give effect to the Scheme as stated in note 1 & 2 herein above.

From Auditors’ Report

Report on the Standalone Financial Statements (REVISED)
We have audited the accompanying REVISED standalone financial statements of Jindal Stainless Limited (“the Company”), which comprise the REVISED Balance Sheet as at 31st March, 2015, the REVISED Statement of Profit and Loss, the REVISED Cash Flow Statement for the year then ended, and a summary of the significant accounting policies and other explanatory information in which are incorporated the REVISED Return for the year ended on that date audited by the branch auditors of the Company’s branch at Jindal Nagar, Kothavalsa, Dist. Vizianagaram (A.P.) in which impact of the Scheme (as stated in Note no. 27) have been incorporated.

Other Matters
The financial statements of the Company for the year ended 31st March, 2015 were earlier approved by the Board of Directors at their meeting held on 30th May, 2015, on which the Statutory Auditors of the Company had issued their report dated 30th May, 2015. These financial statements have been reopened and revised to give effect to the Scheme as explained in Note No. 27(4).

Our opinion is not modified in respect of these matters.

Direct Taxes

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1. CBDT clarifies that printing or printing and publishing be considered as manufacturing for eligibility of additional depreciation u/s. 32(1)(iia) of the Act. 
Circular No. 15 of 2016 dated 19.5.16

2. Finance Ministry issues clarifications and notifications for the Income Declaration Scheme effective 1.6.16 as proposed in the Budget 2016

  • The Income Declaration Scheme Rules, 2016 dated 19.5.16
  • Dates for declaration and tax and penalties payment and regularise benami transactions as provided – Notification No. 32/2016 dated 19.5.2016
  • Explanatory Notes on provisions of The Income Declaration Scheme, 2016 – Circular No. 16 dated 20.05.2015
  • Clarifications on the Income Declaration Scheme, 2016 – Circular No. 17 of 2016 dated 20.5.16

3. CBDT issues a Directive for consistency in taxability of income/loss arising from transfer of unlisted shares under the Act 1961 –

File no. 225/12/2016/ITA .II dated 2.5.16

4. Interest u/s 244A of the Act to be paid to Resident deductors on excess tax paid u/s 195 of the Act from date of payment of tax

 – Circular No 11/2016 dated 26.4.16

5. Commencement of limitation for penalty proceedings u/s. 271D and 271E of Act –

Circular No. 09/DV/2016 dated 26.4.16

It has been clarified by the CBDT that the Range Authority being the Joint Commissioner / Additional Commissioner of Income tax will issue the notice for penalty and dispose / complete the proceedings u/s 275(1)(c ) of the Act. Accordingly AOs below the rank need to refer the matters to their Range Heads.

Finance Bill 2016 received President Assent and hence enacted on 14.5.2016

Direct Taxes

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67. Due date for filing E-appeals extended till 15 June 2016 –.

– Circular No. 20 dated 26th May 2016

E-appeals which were due to be filed by 15.05.2016 can be filed up to 15.06.2016. All e-appeals filed within this extended period would be treated as appeals filed in time

68. Due date for making declarations under the Direct Tax Dispute Resolution Scheme, 2016 notified as 31 December 2016

– Notification No. 34 dated 26th May 2016
A person may make a declaration to the designated authority in respect of tax arrear or specified tax under the Direct Tax Dispute Resolution Scheme, 2016 on or before 31 December 2016

69.Direct Tax Dispute Resolution Scheme Rules, 2016 notified –

Notification No. 35 dated 26th May 2016

70. Clarification regarding cancellation of registration u/s. 12AA of the Income-tax Act, 1961 in certain circumstances –

Circular No. 21 dated 27th May 2016
CBDT has clarified that the registration of a charitable institution granted u/s. 12AA shall not be cancelled only because the proviso to section 2(15) is applicable in one year without there being any change in the activities of the charitable insitution. The process for cancellation of registration will be initiated strictly in accordance with sections 12AA(3) and 12AA(4| after carefully examining the applicability of these provisions.

71. Equalisation levy Rules, 2016 notified –

Notification No. 38 dated 27th May 2016
As introduced in the Finance Act, 2016, rules for Equalisation levy have been notified which outline provisions for rounding off, payment of levy, statement of specified services to be submitted, notice of demand, forms of appeal etc.

72. Admissibility of claim of deduction of Bad Debt –

Circular No. 12 dated 30th May 2016
CBDT has clarified that any debt or part thereof , shall be allowed as a deduction u/s. 36(l)(vii) of the Act, if it is written off as irrecoverable in the books of accounts for that previous year and it fulfills the conditions stipulated in sub section (2) of sub-section 36(2) of the Act. CBDT has directed , no appeals may henceforth be filed on this ground and appeals already filed, on this issue before various Courts/Tribunals may be withdrawn or not pressed upon.

73. Amendment to Rule 31A –

Notification No. 39 dated 31st May 2016- Income-tax (13th Amendment) Rules, 2016 applicable w.e.f. 1st June 2016 –
Time period for filing Form 26QB increased from 7 days to 30 days from the end of the month in which the tax is deducted.

74. Amendment to Rule 8D

–Notification No. 43 dated 2nd June 2016- Income-tax (14th Amendment) Rules, 2016
Sub rule 3 to rule 8D dealing with apportionment of indirect expenditure to be disallowed vis-a-vis exempt income has been deleted. Further the limit of 0.5% has been enhanced to 1% and a total cap of disallowance not exceeding the exempt income has been brought in.

75.Cost Inflation Index for F.Y. 2016-17 is 1125
– Notification No. 42 dated 2nd June 2016

76. Clarification on issues relating to TCS as amended u/s 206C(1D) and newly inserted 206(1F) –
Circular no. 22/2016 dated 8th June 2016 and Circular no. 23 dated 24th June 2016

77. CBDT issues clarification to the payers regarding due date of uploading the simplified Form 15G/15H and manner of dealing with the Forms received between transition period of 1.10.15 to 31.3.16 –
Notification no.9 dated 9th June 2016

78. Prospective applicability of GAAR provisions – Income tax (16th Amendment) Rules, 2016

– Notification no. 49 dated 22nd June 2016

Rule 10(U)(1) has been amended to extend the cut off date to 1 April 2017 for application of GAAR rules to income earned/received by any person from transfer of investments made from erstwhile 30 August 2010. Further Rule 10U(2) also has been amended to provide that GAAR will apply to any arrangement, irrespective of the date it has been entered into, if tax benefit is obtained on or after 1st April 2017 instead of 1st April 2015.

Direct Taxes

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105. CBDT issues Standard Operating Procedures (SOP) to improve the quality of services to taxpayers and also identify the responsibilities of various departments in the Tax office for effective implementation – Letter dated 2 August 2016

106. CBDT issues Standard Operating Procedures (SOP) for handling AIR transactions which do not have valid PAN –

CBDT Directive File no: F No. 225/193/2016/ ITA.II dated 22 July 2016

107. Due date for furnishing returns due on 31 July 2016 extended till 5August 2016 –

F.No. 225/195/2016/ITA.II dated 29 July 2016

108. Income Declaration Scheme (Third Amendment) Rules, 2016 –

Notification No. 74/2016 dated 17 August 2016

IDS Scheme rules has been amended to provide an option to the tax payer to take the stamp duty value as increased by the same proportion as Cost Inflation Index for the year 2016-17 bears to the Cost Inflation Index for the year in which the property was registered or fair market value as on 1.4.1981 whichever is applicable, provided the property declared is evidenced by a registered deed with a competent authority as prescribed.

109. Additional clarifications issued on IDS Scheme –
Circular no. 29/2016 dated 18 August 2016

From Published Accounts

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Section A:

Disclosures
regarding Consolidated Financial Statements (CFS) prepared (as per AS 23) for
first time to include results of an Associate

Bajaj
Electricals Ltd (31-3-2016)

From
Notes to CFS

Summary of significant
accounting policies followed by the Company

The consolidated financial statements include
results of the associate of Bajaj Electricals Limited (BEL), consolidated in
accordance with Accounting Standard 23 ‘Accounting for Investment in Associates
in Consolidated Financial Statements’. 
This being the first year Consolidated Financial Statements are drawn
up, the previous year comparative numbers have not been presented and
accordingly no consolidated cash flow statement has been prepared.

Name of
the Company

Country
of incorporation

%
shareholding of

Bajaj
Electricals Limited

Consolidated
as

Starlite Lighting Limited

India

19%

Associate

For the purpose of Section 2(6) of the Companies
Act, 2013, “associate company”, in relation to another company, means a company
in which that other company has a significant influence, but which is not a
subsidiary company of the company having such influence and includes a joint
venture company. Explanation – for the purposes of this clause, “significant
influence” means control of at least twenty per cent of total share capital
and/or the ability to significantly influence the operational and financial
policies of the company but not control them. 
The holding of Bajaj Electricals Limited in Starlite Lighting Limited
(Starlite) is less than 20%. The Starlite Lighting Limited is consolidated as
an Associate by virtue of the formers ability to influence the operational and
financial policies whereby the share of the parent in the associate’s net worth
and profit has been picked up and accounted for under an independent line item
in the “General Reserve”, “Investment” and “Statement of Profit and Loss”.  The excess of cost of Investment in the
associate and the share of net worth of the associate on the day of investing
is reflected as “Goodwill”.

In all other aspects these financial statements
have been prepared in accordance with the other generally accepted accounting
principles in India under the historical cost convention on accrual basis,
except for certain tangible assets which are being carried at revalued amounts.
Pursuant to Section 133 of the Companies Act, 2013 read with Rules 7 of
Companies (Accounts) Rules, 2014, till the standards of accounting or any
addendum thereto are prescribed by Central Government in consultation and
recommendation of the National Financial Reporting Authority, the existing
Accounting Standards notified under the Companies Act, 1956 shall continue to
apply.  Consequently, these financial statements
have been prepared to comply in all material aspects with the accounting
standards notified under Section 211(3C) of the Companies Act, 1956 [Companies
(Accounting Standards) Rules, 2006, as amended] and other relevant provisions
of the Companies Act, 2013.

All assets and liabilities have been classified as
current or non-current as per the “Company’s normal operating cycle and other
criteria set out in the Schedule III to the Companies Act, 2013.  Based on the nature of products and the time
between the acquisition of assets for processing and their realisation in cash
and cash equivalents, the Company has ascertained its operating cycle as 12
months for the purpose of current or non-current classification of assets and
liabilities.

Notes to these consolidated financial statements
are intended to serve as a means of informative disclosure and a guide to
better understanding of the consolidated position of the companies.  Recognising this purpose, the Ministry of
Corporate Affairs vide its General Circular No. 39/2014 dated 14 October 2014
has clarified that only those note which are relevant to understanding the Consolidated
Financial Statements should be disclosed and not merely repeating the Notes
disclosed in the standalone financial statements to which these consolidated
financial statements are attached to.

Accordingly:

1]  The Company has disclosed only such notes from the
individual financial statements, which fairly present the needed disclosures.

2]  The accounting policies of the parent also broadly
represent the accounting policies of the consolidated entity and hence are best
viewed in its independent financial statements, Note 2.  However the accounting of derivative
instruments on the basis of the principles of hedge accounting specified in
AS-30 followed by the Associate is in contrast to accounting for the same by
parent (BEL) as a fair value to Profit and Loss account, which has been
adjusted to be consistent with the accounting policies followed by the Company
(BEL).  Other accounting policies
followed by the associate consolidated herein have been reviewed and no further
adjustments are considered necessary.

3]  
Note Nos.2, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14. 16,
17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 represent
the numbers and required disclosures of the Parent and accordingly are best
viewed in BEL’s independent financial statements.

GENESYS INTERNATIONAL
CORPORATION LTD

(31-3-2016)

From
Notes to CFS

Summary of significant
accounting policies followed by the Company

The
consolidated financial statements include results of the associates of Genesys
International Corporation Limited, consolidated in accordance with Accounting
Standard 23 ‘Accounting for Investment in Associates in Consolidated Financial
Statements’, as below:

Name
of the Entity

Country
of Incorporation

%
of voting right held on March 31, 2016

 

Consolidated
as

           

A.N.Virtual
World Tech Limited

Cyprus

45.01%

Associate

Virtual
World Spatial Technology Private Limited

India

Wholly
owned subsidiary of Associate

For
the purpose of Section 2(6) of the Companies Act, 2013, “associate company”, in
relation to another company, means a company in which that other company has a
significant influence, but which is not a subsidiary company of the company
having such influence and includes a joint venture company. Explanation – For
the purposes of this clause, “significant influence” means control of at least
twenty per cent of total share capital and/or the ability to significantly
influence the operational and financial policies of the company but not control
them. The equity holding of Genesys International Corporation Limited in A.N.
Virtual World Tech Limited is 45.01%. The A.N. Virtual World Tech Limited is
consolidated as an Associate by virtue of the formers ability to influence the
operational and financial policies whereby the share of the parent in the
associate’s net worth and profit / loss has been picked up and accounted for
under an independent line item in the “General Reserve”,
“Investment” and “Statement of Profit and Loss”. The excess
of cost of Investment in the associate and the share of net worth of the
associate on the day of investing is reflected as “Goodwill”.

In
all other aspects these financial statements have been prepared in accordance
with the other generally accepted accounting principles in India under the
historical cost convention on accrual basis. Pursuant to Section 133 of the
Companies Act, 2013 read with Rule 7 of Companies (Accounts) Rules, 2014, till
the standards of accounting or any addendum thereto are prescribed by Central
Government in consultation and recommendation of the National Financial
Reporting Authority, the existing Accounting Standards notified under the
Companies Act, 1956 shall continue to apply. Consequently, these financial
statements have been prepared to comply in all material aspects with the
accounting standards notified under Section 211(3C) of the Companies Act, 1956
[Companies (Accounting Standards) Rules, 2006, as amended] and other relevant
provisions of the Companies Act, 2013.

All
assets and liabilities have been classified as current or non-current as per
the Company’s normal operating cycle and other criteria set out in the Schedule
III to the Companies Act, 2013. Based on the nature of products and the time
between the acquisition of assets for processing and their realisation in cash
and cash equivalents, the Company has ascertained its operating cycle as 12
months for the purpose of current or non-current classification of assets and
liabilities.

Notes
to these consolidated financial statements are intended to serve as a means of
informative disclosure and a guide to better understanding of the consolidated
position of the companies. Recognising this purpose, the Ministry of Corporate
Affairs vide its General Circular No. 39/2014 dated 14 October 2014 has
clarified that only those note which are relevant to understanding the
Consolidated Financial Statements should be disclosed and not merely repeating
the Notes disclosed in the standalone financial statements to which these
consolidated financial statements are attached to.

Accordingly:

1] 
The Company has disclosed only such notes which fairly present the
needed disclosures.

2] The accounting policies of the
parent also broadly represent the accounting policies of the consolidated
entity and hence are best viewed in its independent financial statements, Note
2. However, the useful life of intangible assets for the purpose of its
depreciation is considered as 20 years by the associate, which is in contrast
to the accounting policy of the parent.

3]  Note Nos.
2,3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41 represent the
numbers and required disclosures of the Parent and accordingly are best viewed
in Genesys International Corporation Limited independent financial statements.

Part B – Indirect Taxes

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MVAT UPDATES

Submission of application under Settlement Act Electronically & FAQs on Settlement of Arrears in Disputes Act, 2016.  
Trade Circular 21T OF 2016 dated 24.8.2016

Commissioner of Sales tax has explained procedure to upload application electronically under the Maharashtra Settlement of Arrears in Dispute Act, 2016 and also updated FAQs  on the said Scheme.

Return filing in new automation processes and changes in procedures
Trade Circular 22T of 2016 dated 24.8.2016

Commissioner has explained new procedure to file MVAT  & CST returns from April-2016 in New Automation System. The process of submission of returns for the period starting from April, 2016 was put on hold because of certain technical problems. However,  dealers were required to pay tax due on or before the due dates prescribed under the provisions of law. For filing monthly and quarterly returns extended due dates are  given in the circular  and the new automation system and procedure to prepare and upload the return are explained. From April, 2016 dealer who is registered under the CST Act and whose turnover under CST Act is NIL requires to file NIL CST return.

Facility through e-Seva Kendra for online submissions
Trade Circular 23T of 2016 Dated 2.9.2016 & 25T of 2016 dated 7.9.2016

Dealers who do not have facility to apply online now can file application of registration through e-Seva Kendras. Other online services for e-filing of Returns, e-Payments and e-CST Declarations will be available from e-Seva Kendras.

Clarification under Settlement of Arrears in Disputes Act, 2016
Trade Circular 24T of 2016 dated 3.9.2016

Commissioner has issued this Clarification and revised instructions regarding various aspects and queries received by department from various associations in respect to availment of benefits under the Settlement of Arrears in Dispute Act, 2016.

Grant of Administrative Relief to Builders and Developers
Trade Circular 26T of 2016 dated 8.9.2016

Commissioner has clarified that Builders/Developers who have complied all the conditions as per the trade circular concerning  registration and  grant of administrative relief for unregistered period except compounding fees paid in time  but paid later are now also be considered for administrative relief.

Amendments to the Maharashtra Settlement of Arrears in Disputes Act, 2016. (Mah. Ordinance No. XXIII of 2016.)
Trade Circular 27T of 2016 dated 21.9.2016

 
Amendment has been made in the Maharashtra Settlement of Arrears in Dispute Act, 2016 by an Ordinance and thereby condition of stay order has been dispensed with.   Similar treatment will be given to payment made after passing the statutory order but before filing of appeal as the treatment given for  part payment made in appeal.

Increase in Rate of Tax in respect of Schedule C, Schedule D-10 (Petrol) and Schedule E goods
Notification VAT. 1516/CR 123/ Taxation-1, dated  16.9.2016

The Government of Maharashtra has issued this Notification to amend Schedules ‘C’, ‘D’ and ‘E’ appended to the MVAT Act, 2002.  W.e.f. 17.9.2016 in Schedule ‘C’ for various entries specified in Notification rate has been increased to 6% from 5.5%   and for Schedule E rate has been increased to 13.5%  from 12.5%. In Schedule ‘D’ in entry 10 any other kind of motor spirit  rate has been increased by Rs.1.5  per litre.

From The President

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Dear Members,

As I pen this message, the curtain has come down on the 2016 Olympics in Rio in a grand and spectacular closing ceremony. Around ten thousand sports people competed aggressively for 2,488 gold, silver and bronze medals. Amidst the outstanding victories and whisker-close defeats, one message comes out very strongly – “Good is the enemy of best”. India has to learn this lesson well if it is going to score in the 2020 Tokyo Olympics. The Indian contingent will have to be truly world-class – wellhoned physically and mentally to win. Clearly, mediocrity, inconsistency, and half measures won’t take us anywhere near the victory stand!

With India’s encouraging six medals in the London Olympics in 2012, and its large Olympic contingent, which exceeded 100 participants for the very first time, expectations were running high. With just two medals, the “Make in India’ lion has returned to India to lick its wounds and do some serious introspection…and maybe some passing the buck too!

The silver lining in the dismal performance is that the women of India have clearly demonstrated where the ‘Citius, Altius and Fortius’ lie. Undoubtedly, the sportswomen have proven their prowess and their power to win in spite of all odds that sports persons have to face in our country. It is the time that the women in India, especially in the smaller towns and villages are empowered to live their dream and go on to achieve…not just in the Olympics but in the everyday journey called life!

Sindhu and Sakshi have returned to a hero’s welcome with people lining streets to applaud their grit, determination, and success. The central government, state governments, sports federations, companies, and individuals have been falling over themselves to shower them with cash, cars, land, jobs. Several companies also are lining up to sign them up as brand ambassadors. One wonders if all these resources and facilities were provided earlier, wouldn’t it have changed our medal tally?

GST – Ultimately
Let us leap to another very significant happening in the last month, the passing of the Goods and Services Tax (GST) Bill. It took sixteen long years in the making and was finally cleared in both houses in the first week of August. The Prime Minister, Shri Narendra Modi promptly tweeted: “GST will give strength to our economy and all parties are to be thanked for its passage.”

GST is now at our doorstep and is set to be the biggest game changer in the Indian economy by creating a common Indian market and cutting out the cascading effect of tax. Its implementation demands a complete overhaul of the current indirect tax system, right from tax structure, incidence, computation, payment and compliance to credit utilization and reporting. The impact of GST will be far reaching and require a revamping of pricing, supply chains, IT, accounting, and tax compliance. There’s huge opportunity staring us in the face!

Being a major tax reform, the GST will stoke several conflicts: between political parties; the union and state governments; and between producing and consuming states. The Centre is keen on rolling out GST by April 2017, but there are several challenges that need sorting out to ensure its smooth implementation. Replacing several taxes and harmonizing them across the union and state governments is a giant challenge. The IT platform for implementing GST will need to be all encompassing to accommodate state, central and integrated GST provisions.

All these daunting challenges have rallied the captains of industry to request the government to defer the switchover to GST for another six months. Over 40,000 suggestions have poured in, offering a wide range of comments and feedback. Whatever happens, let’s get GST ready! BCAS has planned full day workshops on GST Model Law this month, and the response has been tremendous.

The CBEC invited the BCAS for an interactive meeting with the policy makers on GST at the North Block. From the BCAS, Mr. Govind Goyal and Mr. Sunil Gabhawalla attended the meeting and made a detailed representation of the draft model GST Law. The authorities found some of the representations unique and practical to implement. A copy of the representation is available on the website.

Income Declaration Scheme
Let us now shift our focus to the government’s Income Declaration Scheme (IDS) that has been in the daily news. Stung by repeated criticism about its inaction in tackling the herculean black money problem, the government hurriedly launched a one-time compliance window to attract black money squirreled abroad. The scheme predictably bombed. Now we have an India avatar of the scheme to draw undeclared income and assets into the tax net. Tax evaders are being urged to declare their unaccounted assets voluntarily, pay the applicable tax, cess, and penalty aggregating 45% of the undisclosed income; and enjoy total immunity from any further penalty or prosecution under the Income Tax Act or Wealth Tax Act.

The government has taken pains to reiterate that the IDS is not an amnesty scheme to reward dishonest tax evaders by giving them an escape window. The ten amnesty schemes that were launched at regular intervals between 1951 and 1997 were largely misused. Tax evaders escaped stringent action and on the contrary paid lower than normal taxes, yet got blanket immunity. Assets declared under many of the schemes were grossly undervalued for tax purposes, and so the corresponding tax collection was much lower.

The IDS in its current form must, therefore, appear very harsh, and as of now, the response seems to be lukewarm. There are many reasons that may have deterred tax evaders from coming clean but importantly immunity is currently granted only from Income Tax and Wealth Tax, leaving the evader open to prosecution from Service Tax, Sales Tax, and other authorities.

BCAS, along with three other associations, made a detailed representation pointing out the anomalies, most of which were taken care in the latest FA Qs issued by the CBDT. Additionally, BCAS has brought out an excellent publication on IDS to help professionals understand the contours of the scheme and make their filings accordingly.

Meeting of revenue targets – is this the way?

There was a small article in the corner of the newspaper which I thought I should draw your attention to. It pertained to the unfair and deceitful means adopted by IT officials to ensure tax targets were met. Colluding with SBI officials, IT officials quietly collected Rs. 10,000 crore on 30th March and promptly refunded it on 1st April. This modus operandi including altogether stopping from issuing refunds in the first quarter of each year was being employed with several corporate entities, and it ensured robust figures that made the books look good. On investigating the massive refunds in the first week of April, the scam came to light, and officials got transferred. The Finance Ministry has taken a tough stand, warning officials that engage in ‘taxtortion’ that they will be dealt with sternly. As CAs we are all aware of such modus operandi and now it is the time not to take things lying in case our clients also suffer such unjust.

International Tax Conference
The International Tax and Finance conference (ITF) a popular event of the Society crossed borders for the first time, it was successfully held in Sri Lanka. The participants included participants from all across the country as well as some international participants There was a balanced combination of learning with fun. The day used to be full of brainstorming sessions and discussion with enlightenment from elite speakers, whereas the evenings used to be full of interaction and amusement. The highlight of the conference was the one to one interaction with the Minister of Finance of Sri Lanka who was very candid and appreciative of India and its prowess.

Ganapati Bappa Morya! Micchami Dukkadam!

Indirect Taxes

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SERVICE TAX UPDATES

Exclusion of some services provided by Government to business entity from Mega Exemption Notification Notification No. 26/2016-ST dated 20 05 2016

By this notification CBEC has amended mega exemption notification to provide that that following services provided by Government or local authority to a business entity shall be taxable irrespective of the turnover of business entity:

a. Services by the Department of Posts by way of speed post, express parcel post, life insurance and agency services provided to a person other than Government;

b. Service in relation to aircraft or a vessel, inside or outside the precincts of a port or an airport;

c. Transport of goods or passengers ;

d. Services by way of renting of immovable property.

Clarification on levy of Krishi Kalyan Cess (KKC)

Notification No. 27/2016-ST, 28/2016-ST, 29/2016-ST, 30/2016-ST all dated 26th May 2016

Notification No. 27/2016-ST :
KKC would have to be paid along with Service Tax on services covered under reverse charge or partial reverse charge. Provisions of the Reverse Charge Notification will be applicable mutatis mutandis for the purposes of KKC also.

Notification No. 28/2016-

ST KKC shall not be leviable on services which are exempt from Service tax by a Notification issued u/s. 93(1) or Special Order issued u/s. 93(2) of the Finance Act, 1994 or otherwise not liable to Service tax under Section 66B thereof.

Notification No. 28 further clarifies that KKC will be levied on value of taxable services after availing the benefit of abatements by way of an exemption provided vide Abatement Notification No. 26/2012-ST dated June 20,

2012 i.e. KKC would be computed on abated value of taxable services.

Notification No. 28 furthermore clarifies that value of taxable services for the purposes of KKC shall be the value as determined in accordance with the Service Tax (Determination of Value) Rules, 2006.

Notification No. 29/2016-ST
Vide this Notificaton, Notification No. 39/2012-ST dated June 20, 2012 (Rebate of the duty paid on excisable inputs or Service tax and cess paid on all input services used in providing service exported) has been amended to insert KKC under the definition of “service tax and cess”, to enable the provider of services to claim rebate of KKC paid on all the input services used in providing services exported in terms of Rule 6A of the Service Tax Rules, 1994.

Notification No. 30/2016-ST
This Notification has amended Notification No. 12/2013- ST dated July 1, 2013 (Exemption on services received by units located in a SEZ or Developer of SEZ and used for their authorised operation) to enable the SEZ Unit or the Developer for refund of the KKC paid on the specified services on which ab-initio exemption is admissible but not claimed.

Notification No. 31/2016-ST
As per sub-rules 7,7A,7B and 7C to Rule 6 of the Service Tax Rules, 1994, there is an optional alternative rate of Service tax for services, namely, air travel agents, insurance premium, purchase & sale of foreign currency and lottery distributor. The Central Government vide this Notification has amended the Service Tax Rules to insert sub-rule (7E) after sub-rule (7D), which prescribes that if Service tax is payable at an alternative rate, KKC would also be computed in proportion to such alternative rate, in similar manner as it was prescribed at the time of introduction of SB Cess, as under :

Service Tax liability calculated as per Rule 6 * Effective rate of KKC i.e. 0.5% / (rate of service tax specified in section 66B i.e. 14%)

Further, in sub-rule (7D), for the figures “0.5” the words “effective rate of Swachh Bharat Cess” and for the words, figures and brackets “14 (fourteen)”, the words and figures “rate of service tax specified in section 66B of the Finance Act, 1994” shall be substituted.

80. Services tax on senior advocates’ servicesimplications :

Notification No. 32/2016-ST, 33-2016-ST & 34- 2016-ST DTD 6th June 2016

The Legal Services provided by Senior Advocates has come under Forward Charge Mechanism with effect from 01-04-2016 against which various petitions were filed in various High Courts. To resolve the problem, the Central Government has partially rolled back in its decision and has issued following three notifications on 06th June 2016 :

1. Notification No. 32/2016-ST : Seeks to amend Notification No. 25/2012-ST, dated 20.6.2012 to exempt services provided by a Senior Advocate by way of legal services to any person other than a business entity; or a business entity with a turnover up to rupees ten lakh in the preceding financial year.

2. Notification No. 33/2016-ST : Seeks to amend Service Tax Rules, 1994 to stipulate reverse charge mechanism for services provided by senior advocates, that is tax is to be paid by the recipient of service and if the senior advocate is engaged by another lawyer, the Service Tax is to be paid by the litigant.

3. Notification No. 34/2016-ST : Seeks to amend Notification No. 30/2012-ST, dated 20.6.2012 to stipulate 100% payment of Service tax by a business entity as the recipient of the service provided by senior advocates.

MVAT UPDATES

NOTIFICATION

81. Increase in rate of tax on petrol wef 1st June 2016

VAT 1516/CR 77/Taxation-1 dated 31st May 2016

This notification amends Schedule D Entry 10 whereby any other kind of motor spirit rate gets increased by one rupees fifty paisa per litre w.e.f. 01.06.2016.

Direct Taxes

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19 CBDT provides clarification on classification of income from sale of shares as capital gains or business income –

Circular No. 6/2016 dated 29.02.16

In continuation to the earlier Instruction No. 1827, dated August 31, 1989 and Circular No. 4 of 2007 dated June 15, 2007 further clarification has been provided by CBDT for determining income from sale of shares as Capital gains or Business Income:

i) If the assesse has treated the securities in his books as stock in trade the same should be accepted.

ii) In case holding period of the securities is more than a year and the assessee wants to treat it as a Capital asset, then the AO needs to accept it provided the treatment is consistently followed by the assessee in the subsequent years.

iii) In all other cases, the earlier mentioned Instructions and Circular be considered for determination the nature of income.

iv) These guidelines would not apply to transactions where genuineness of transaction is questionable.

It is further clarified that these are broad guidelines and the determination needs to be based on the facts of each case.

20 Clarification by CBDT that the provisions of India-UK DTAA would be applicable to a partnership that is a resident of either India or UK, to the extent that the income derived by such partnership, estate or trust is subjected to tax in the State as the income of a resident, either in its own hands or in the hands of its partners or beneficiaries. –

Circular No. 02/2016 dated 25.02.2016

21 CBDT extends the benefit of higher monetary limits laid down in Circular 21 of 2015 dated 10.12.2015 for filing appeals to Cross Objections filed by Department before ITAT and references made to the High Court u/ss. 256(1) and 256(2) of the Act –

Letter No: F.No.279/Misc./M-142/2007-ITJ (Part) dated 8.03.2016

22 CBDT clarifies on the status of the EPC consortiums – when to be treated as AOP –

Circular no. 7/2016 dated 7.03. 2016

Certain broad parameters are laid down for NOT treating the EPC consortiums as AOP and thereby not taxing it as a separate entity:

i) Clear independence exists between each member in terms of responsibility, resources and risk for the scope of work defined for him.

ii) Each member earns profit/loss for his scope of work though all together can share contract price at the gross level for accounting convenience.

iii) Resources in terms of men and materials used by each member are under his risk and control parameters.

iv) There is no unified control and management of the consortium and common management is for administrative convenience and co-ordination.

v) Other facts and circumstances which point out that consortium is not an AOP.

It is further clarified that this Circular shall not be applicable in cases where all or some of the members of the consortium are Associated Enterprises within the meaning of section 92A of the Act. In such cases, the Assessing Officer will decide whether an AOP is formed or not keeping in view the relevant provisions of the Act and judicial jurisprudence on this issue.

23 Guidelines for Implementation of Transfer Pricing Provisions – Instruction No. 15/2015, dated 16th October, 2015 replaced by Instruction No. 3/2016 dated 10 March 2016 ( full text available on www.bcasonline.org

24 CBDT reaffirms its view point of not adopting coercive action against payees for TDS which is not deposited by the payer and directs the AO to follow the Directives issued in letter dated 01.06.2015. –Office memorandum – no:

F.No. 275/29/2014-IT (B) dated 11 March 2016.

25 Amendment to Rule 114E and Form No.61A – Annual Information Return Notification No. 19 dated 18.3.2016- Income-tax (7th Amendment) Rules, 2016

26 Form Sahaj (ITR-1), ITR-2, ITR-2A, ITR-3, Sugam (ITR-4S), ITR-4, ITR-5, ITR-6, ITR-7 and ITR-V notified for A.Y. 2016-17 – Notification No. 24 dated 30.04. 2016 vide Income-tax (9th Amendment) Rules, 2016

27 Procedure for registration and submission of statement as per clause (k) of sub section (1) of section 285BA read with Sub rule (7) of Rule 114G of Income-tax Rules, 1962 –

Notification No. 4 dated 6.4. 2016

Company Law

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1. Companies (Acceptance of Deposits) Amendment Rules, 2016

The Ministry of Corporate Affairs has vide Notification No GSR 639 (E ) dated 29th June 2016, notified amendments to the Companies (Acceptance of Deposit) Rules, 2014. Among other amendments, it has excluded an amount of Rs. 25 Lakh or more received by a start-up company, by way of a convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person.

A Start-up Company means a private company incorporated under the Companies Act, 2013 or Companies Act, 1956 and recognised as such in accordance with notification number G.S.R. 180(E) dated 17th February, 2016 issued by the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry.

A Convertible Note means an instrument evidencing receipt of money initially as a debt, which is repayable at the option of the holder, or which is convertible into such number of equity shares of the start-up company upon occurrence of specified events and as per the other terms and conditions agreed to and indicated in the instrument.

In Rule 3 to the Principal rule which limits the eligible Company to accept or renew any deposit from its members, the limit has been increased from 25% to 35% of the aggregate of the paid-up share capital and free reserves of the company.

Also the following proviso to Rule 3 of the Principal rules, after sub Rule 3 has been inserted-

“Provided that a private company may accept from its members monies not exceeding one hundred per cent of aggregate of the paid up share capital, free reserves and securities premium account and such company shall file the details of monies so accepted to the Registrar in such manner as may be specified.

Rule 16 A pertaining to “Disclosures in the financial statement” has been introduced as follows:

(1) Every company, other than a private company, shall disclose in its financial statement, by way of notes, about the money received from the director.

(2) Every private company shall disclose in its financial statement, by way of notes, about the money received from the directors, or relatives of directors.

The full notification can be accessed at http://www. mca.gov.in/Ministry/pdf/Rules_30062016.pdf

2. Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2016

The Ministry of Corporate Affairs has vide notification No. G.S.R. 646(E) dated 30th June 2016 issued amendments to the Companies (Appointment and Remuneration of Managerial Personnel) Rules 2014.

The disclosures applicable to listed companies as mentioned in Rule 5 of the principal rules, sub-rule (1), “clauses (v), (vi), (vii) and (ix) to (xi)” have been omitted:

(v) the explanation on the relationship between average increase in remuneration and company performance;

(vi) comparison of the remuneration of the Key Managerial Personnel against the performance of the company;

(vii) variations in the market capitalisation of the company, price earnings ratio as at the closing date of the current financial year and previous financial year and percentage increase over decrease in the market quotations of the shares of the company in comparison to the rate at which the company came out with the last public offer in case of listed companies, and in case of unlisted companies, the variations in the net worth of the company as at the close of the current financial year and previous financial year;

(ix) comparison of the each remuneration of the Key Managerial Personnel against the performance of the company;

(x) the key parameters for any variable component of remuneration availed by the directors;

(xi) the ratio of the remuneration of the highest paid director to that of the employees who are not directors but receive remuneration in excess of the highest paid director during the year;

Following Disclosures in the Directors report are also required:

Details of remuneration of every employee drawing in excess of Rs 1,02,00,000/- pa or Rs. 8,50,000/- per month is to be disclosed alongwith the names of the top ten employees in terms of remuneration drawn.

Further the filing of Form No. MR-1 for the appointment of Chief Executive Officer, Chief Financial Officer and Company Secretary has been omitted.

The full notification can be accessed at http://www. mca.gov.in/Ministry/pdf/AmendmentRules_01072016. pdf

3. Removal of Difficulties Third Order – Rotation of Auditors

The Ministry of Corporate Affairs has vide Order no S.O. 2264(E) dated 30th June 2016, issued the Removal of Difficulties Third Order, which is deemed to be effective from 1st April 2014.

The third proviso of section 139 (2) (pertaining to Appointment of Auditors) of the Companies Act 2013 states that every company existing on or before the commencement of the Act and falling within the ambit of section 139 (2) (i.e. provisions relating to rotation of auditors) of the Act, are required to comply with the requirements of the said sub-section within 3 years from the date of commencement of the Act.

Given the above, difficulties have arisen regarding compliance with the provisions of the third proviso to section 139 (2) of the Act in so far as they relate to the period within which companies would comply with the provisions of section 139 (2) of the Act. In this regard, the Central Government has made the order by which, the third proviso to section 139 (2) of the Act would be substituted with the following proviso:

“Provided also that every company, existing on or before the commencement of this Act which is required to comply with the provisions of this sub-section, shall comply with requirements of this sub-section within a period which shall not be later than the date of the first annual general meeting of the company held, within the period specified under sub-section (1) of section 96, after three years from the date of commencement of this Act.”

This order aims to remove the difficulties that have arisen regarding compliance with Rotation of Auditors. The provisions of third proviso to section 139(2)in so far as they relate to the period within which companies would comply with provisions of section 139(2) of the said Act is substituted as follows:

The full notification can be accessed at http://www.mca.gov.in/Ministry/pdf/ROD_Third_Order_2016.pdf

4. Companies (Incorporation) Third Amendment Rules, 2016

The Ministry of Corporate Affairs has vide Notification No G.S.R. 743(E) dated 27th July 2016 issued Companies (Incorporation) Third Amendment Rules, 2016 to amend the Companies (Incorporation) Rules 2014.

Rule 3(2) has been substituted as follows:

“(2) A natural person shall not be member of more than a One Person Company at any point of time and the said person shall not be a nominee of more than a One Person Company”

Rule 26 with respect to Publication of the name of the Company has been substitutes as follows :

(1) Every company which has a website for conducting online business or otherwise, shall disclose/publish its name, address of its registered office, the Corporate Identity Number, Telephone number, fax number if any, email and the name of the person who may be contacted in case of any queries or grievances on the landing/home page of the said website.”

In Rule 28(2) the following proviso has been added after 2nd Proviso:

“Provided also that on completion of such inquiry, inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending, shifting of registered office shall be allowed. R ule 29 (1) is substituted as follows:

“(1) The change of name shall not be allowed to a company which has not filed annual returns or financial statements due for filing with the Registrar or which has failed to pay or repay matured deposits or debentures or interest thereon:

Provided that the change of name shall be allowed upon filing necessary documents or payment or repayment of matured deposits or debentures or interest thereon as the case may be.”

The rule for Conversion of unlimited liability company into a limited liability company by shares or guarantee have been incorporated in newly added Rule 37.

The full notification can be accessed at http://www.mca.gov.in/Ministry/pdf/CompaniesThridAmendementRules_28072016.pdf

5. Companies (Share Capital and Debentures) Fourth Amendment Rules, 2016

The Ministry of Corporate Affairs has vide Notification No G.S.R. 791(E) dated 12th August 2016 notified amendments to Companies (Share Capital and Debentures) Rules, 2014.

Rule 18, after Sub-rule (10), the following sub-rule shall be inserted.

“(11) Nothing contained in this rule shall apply to rupee denominated bonds issued exclusively to overseas investors in terms of A.P. (DIR Series) Circular No. 17 dated September 29, 2015 of the Reserve Bank of India.”

The full notification can be accessed at http://www.mca.gov.in/Ministry/pdf/CompaniesFourthAmendmentRules_17082016.pdf.

Part D ETHICS, GOVERNANCE & ACCOUNTABILITY

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Business Transparency
In its simplest sense, business transparency means clear, unhindered honesty in the way that s/he does business. But it’s more than that. One business dictionary defines transparency as a “lack of hidden agendas or conditions, accompanied by the availability of full information required for collaboration, cooperation, and collective decision making.” The same source describes it as an “essential condition for a free and open exchange whereby the rules and reasons behind regulatory measures are fair and clear to all participants.” Meanwhile, another source defines transparency as “the full, accurate, and timely disclosure of information.”

In many cases, the word transparency is used as little more than a buzzword, a marketing opportunity. Whether it’s a corporate executive looking to win back disillusioned consumers and shareholders or a politician making whatever promises necessary to obtain public office, this term seems to have earned a bad rap over the years. And as a result, many have come to question the authenticity of those who use transparency as a part of their normal vernacular.

While observing the steady decay of this word would be a fascinating study in itself, there is another, more beneficial lesson to be learned in the wake of this linguistic disaster— particularly as it pertains to the way businesses are run.

This lesson can be learned, at least in part, by simply rediscovering what true transparency is—what does transparency actually mean? After that, one can utilize that understanding to discern the purpose of remaining transparent in the way s/he does business, as well as the often detrimental consequences of flouting that responsibility. Finally, with that new-found understanding, one can generate useful, ingenuous action plan for increasing transparency in his or her own business.

Transparency is one of those subtle things that can make a dramatic impact on a business. Yes, it will impact your bottom line. But that’s not the whole point. The point is that it helps everyone do business better—you, your clients, your team member. A culture of transparency is the way business ought to be done

RTI Clinic in September 2016: 2nd, 3rd, 4th Saturday, i.e. 10th, 17th, and 24th 11.00 to 13.00 at BCAS premises.

From the President

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Dear Members,

Greetings! It is already summer! The heat waves have been severe in many parts of the country. Bhubaneshwar, breaking a 30 year record with the temperatures touching 45.7°Celsius in April. Mumbai recorded 38°Celsius in April. About a quarter of our countrymen, spread in 10 states, are facing severe water shortage. For those of us, who receive water on tap, should certainly not take it for granted, and should rather be mindful of our water usage and support relief measures of which I have written later in this page.

ICAI Leadership visits BCAS & ICAI
The ICAI President Mr. Devaraja Reddy and Vice President Mr. Nilesh Vikamsey, both members of the Society, were kind enough to accept our invitation and visited the BCAS on 23rd April 2016. It was a wonderful opportunity to interact and exchange ideas with the leadership of our profession, get to understand their vision and extend our support in endeavours that will strengthen the profession as a whole. Both were candid, open and emphatic about challenges and pathways ahead. The new council has 15 first time entrants and we can expect a fresh set of ideas from that larger leadership. One notable development this year has been setting up of Digital Transformation initiatives which will result in superior and faster member services and experience.

You may be aware that recently Bank of Baroda cancelled the existing panel of internal auditors without giving any reasons on 30th March and launched an RfP for FY 2016-17 setting an eligibility condition of having an audit practice of Rs. 150 Cr in FY 2014-15. Obviously this is unprecedented and would disqualify most firms. The ICAI issued a notification, which was timely and required. It is worth taking a note that there could be more than what meets the eye.

The Guidance Note of CAR O 2016, was issued in record time of less than 30 days of the issue of the CARO 2016. This is commendable and deserves a special mention. I congratulate the AASB teams that worked behind the scenes. I am given to understand that several other GNs are on their way such on implementation issues in Ind AS, ICDS.

Tax Payer Data
The CBDT released an interesting paper giving data of Direct Tax collection, Contribution of Direct Taxes to total tax collection, Tax-GDP Ratio, Pre and Post Assessment collections, Cost of collection, Number of effective assessees, and disposal of cases. Although the basis and details are not adequate to decipher the exact impact, it’s a good start to see this statistically. We hope that this will develop further. You can refer to the document at: http://www.incometaxindia.gov.in/Documents/Time- Series-Data-Final.pdf

Although there is increase in number of assesses from 4.36 Cr (11-12) to 5.16 Cr (14-15) resulting in 18% growth in 3 years, it still is a low number. The cost of collection has remained around 0.60% for last 10 years in spite of rise in the tax collection by more than 3 times.

CHANGE – SPEED, EXTENT AND IMPACT
For centuries, we have thought LINEAR for growth. In recent times the growth has been EXPONENTIAL. The primary engine of this shift is the INNOVATION LIKE NEVER BEFORE. So unprecedented that it has created opportunities to leverage tools that can make an idea into a reality.

Let me explain. In 1980s the apps that your smart phone has today, would cost about $900,000 in retail. Kodak, rated as one of the top 5 brands in the world (till 1990), employed 145,000 people (in 1988), accounted for 90% of film and 80% of camera sales in America in 1976, had peak revenues of $16 billion (in 1996), but filed for bankruptcy in 2012 with 17,000 employees. In contrast, Instagram in 2012 was sold to Facebook at $1 billion, and today is valued at $35 billion. Kodak thought that its business was of chemicals and paper, whereas Instagram thought – that people wanted to store their memories (through photos) and it fulfilled that need. Paper and Chemicals were no longer needed with advancement of technology. Kodak thought that it was not worthwhile to switch from making 70 cents on a dollar to 5 cents in digital, although it invented the digital camera in 1975. A 132 years old complacent monopoly, therefore, faded forever in 2012.

The story tells us a number of things: Change – Speed – Impact. One study says that between 2010- 2020 about further 3 billion people will have access to internet. This itself, is a phenomenal opportunity. Today you can reach almost anyone, anytime, without any difficulty. Today, almost every THING is better, faster, accessible and cheaper than what they were years ago. Material has lost out to dematerialisation (tickets, paper, photos, for example), and there is huge emphasis on DEMOCRATI SATION – more and more people having access to things that seemed out of reach some years ago. Are we moving from a scarcity mindset to an era of abundance? Technology, being intangible, and changing so fast, cannot be controlled or regulated. One can control nuclear arms or drugs, but not human curiosity which drives technology. This is not causing change, but turbulence. In January, San Francisco’s largest yellow cab company was reported to be filing for bankruptcy due to Uberisation. Being UBERED is not relevant to taxi business alone, but it will reach professional services too!

Revamping of BCAS Office into a Learning Centre
In the last several months, we have launched several projects to strengthen the infrastructure at the Society. One of them was to convert the existing office into a learning centre and give more space to the administrative and support staff of the Society elsewhere. We have reached a milestone in that direction by finally converting the BCAS office at Jolly Bhavan into a learning centre which will accommodate about 90-100 people in the hall and also seat people in the overflow area outside. The renovated premises will have better infrastructure including facilities for recording and live streaming. This will allow us to have more events in house and use of technology to reach out to members where they are.

Water and Drought
To counter the drought situation, your Society is reaching out to its members through BCAS Foundation, to collect funds to support the drought affected. It will launch an appeal this month for urgent action required. We request you to support the appeal in whatever measure you can to participate in the relief work.

On the other hand, a recent water footprint numbers speak of a tragic saga. As per recent reports, 2173 litres are required for growing 1 kg of rice and we have exported 37.2 lakh tonnes of basmati. About 2 trillion litres of water out of this would be ground/surface water. Therefore, according to this report, India remains virtual exporter of water. The obvious says – we should export what we have in abundance and import that which is scarce. So the question here is should we continue to do this?

It is quite clear that there are adequate amount of water resources but not adequate amount of thought at a strategic level to see that our farmers do not suffer and die due to water shortage. Clearly, the situation is not a natural phenomena alone but has significant man made inputs.

Times have always been challenging, perhaps they will remain so for all time. There have always been opportunities, and they will remain so for all time to come. Challenges and Opportunities are embedded in the same continuum. Yet within that turbulence of change, we have Choice – to be courageous, giving, and grateful. There is something that each one of us can do, each day, to make a small difference. I leave you with the words of Tom Hanks:

When I was a kid, only Batman had a cell phone. He had a car phone. I was like: Man, can you imagine having a car phone? But technology has not altered our lives, other than how we go about them. We are still in the position of waking up and having choice: DO I MAKE THE WORLD BETTER TODAY SOMEHOW; OR DO I NOT BOTHER?

Wishing you a magnificent day, and more to come!

From The President

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The month of June has been one of the busiest at BCAS. We had four Lecture meetings this month on ITR Filing, Audit Finalisation, Insolvency and Bankruptcy Code and Model GST Law. The third lecture meeting was webcast live, from the BCAS Hall. Even the weekends were packed with incredible seminars on Practice Management and Fraud Reporting and Data Mining. The 10th Residential Study Course on Service tax and VAT at Lavasa was the largest. TARANG 2k16, the annual student event was also the largest ever till date. For the first time, we did a live webcast of one of the Lecture Meetings out of BCAS hall.

Brexit showed how divided our societies are. A chalk board at a café said it all – 48% Sense and Sensibility and 52% Pride and Prejudice. The iconic Thomas Friedman wrote “The British vote by a narrow majority to leave the European Union is not the end of the world — but it does show us how we can get there.” It shows how a few politicians can create a “binary choice on an incredibly complex issue”. Brexit shows that anxiousness has prevailed over reason. Friedman goes on to say that countries with pluralism will thrive as they will have offer stability, talent retention and collaborative environment to live in. If we couple this with what Trumps talks, we can appreciate the value of pluralism in India offers. In contrast to all this, the recent interview of the PM has been a heartening, especially when it is from a political leader of 1.25 billion people.

Model GST Law
While the ‘model’ GST Law is out this month, reading the GST law gives a feeling similar to arrival of the incoming flight after a six hour wait at the airport. Just as the pent up anguish and expectancy is settling down, one hears a second announcement. The apologetic voice says that they have found a serious technical snag and are not sure if the flight will even depart. Bummer! After 15 years of wait, the model GST law gives you that kind of a feeling – is this model law good enough to take off?

GST is the largest tax reform ever, because it is really an economic integration in a federal democracy like ours. While the state laws taxing goods don’t talk to the central laws on production and services, we can now expect that the UNION will work like one – a union in both letter and spirit. Although it is an achievement to arrive at a consensus, the ‘model’ is nowhere close to being model in every sense of the word. A lot of definitions are picked up from VAT regime and critical definitions lack clarity and completeness. Compliance heavy mechanism of matching invoices will make small traders want to find a ‘way out’ than ‘stay in’. The heart of GST, seamless credit mechanism, is murdered by the condition of actual payment of tax by the seller. Even if a buyer has paid the tax, credit can be denied in case the seller hasn’t deposited that collection.

Going back to the airplane analogy the GST law seems more like a highjack story written by the VAT authorities. In both design and structure, the model law does give a sense of disbelief. Before becoming a Goods and Services Tax, GST needs to meet the test of GOOD and SENSIBLE TA X. A law to be good and sensible at inception is CRITICAL for its success. Success of GST will now depend on the government’s ability to absorb stakeholder comments in the final legislation and the States adopting and enacting the law in its fullest form. I believe, that will truly give us a UNIFIED MARKET and a sense of efficient federal democracy.

Meeting Expectations
Stephan Hawkings wrote, “Intelligence is the ability to adapt to change”. 2.5 Lac CAs are faced with an incredible opportunity and phenomenal challenge like never before. The greatest risk in a world changing at the speed of light is VANISHING MARKETS. Due to changes in technology some markets that we are used to, could cease to exist. For example, considering BIG DATA , a lot of Audit will happen by matching data from various sources. As CAs we will need to watch this closely and carefully and to keep learning new skills and sharpening those that are still relevant. This could be the singular capability we all will need. I leave you with the words I love – If you have learned how to learn then you have learnt enough.

The times ahead will be fascinating. I am sure, as a profession, we will meet the expectations of all our stakeholders and be of service – not lip service, but of service to humanity at large. I hope that as accountants we will remain accountable and remain ‘awake’ in the true sense of the motto our Institute. And therefore, like the BCAS motto says we won’t be bogged down by fear. I wish, hope and pray that the profession holds its pure essence of serving the client above every other consideration and never convert to ‘business of profession’. We will continue to dig, question, counter distortion and take a stand on behalf of what we believe is true and will not need to sacrifice our objectivity. BCAS is a living testament to that and I am sure will remain so.

It is 30th of June as I write From the President for the 12th and the last time! What a delight it has been to talk to you all through this page and receive your responses. For every President, his year at BCAS is tight, pressing, exciting, challenging, exhilarating and satisfying. It was an opportunity to stretch my boundaries, to learn, share and grow. On the technical front, the profession is passing through a stimulating and gainful time – Ind ASs, GST, Companies Act, 2013 with numerous new opportunities before us. To be sharing this time with all of you and lead its leading light – the Bombay Chartered Accountants’ Society – is a special honour and privilege! The highlights of the year are enumerated in the 67th Annual Report uploaded on www.bcasonline.org. I hope you will take a look.

Like all the presidents before me, I will pass on the baton to the next president. Chetan and his able team of Narayan, Manish, Sunil and Suhas will commence their tenure from 7th July. They all have served the Society for years in various capacities and therefore well aware of its ethos. I am sure they will lead with purpose and passion. After a great ride, it is time to hang up the boots. I look forward to continue to serve the BCAS through the Journal and other committees in the years to come. I thank you for your support and trust in BCAS. Let me conclude with an Irish blessings for you – May your troubles be less and your blessings be more, and nothing but happiness come through your door.

Ethics and U

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Shrikrishna (S) — Arjun, you are looking very much tensed up today. Any problem?

Arjun (A) —Yes. Already having a tough time facing scrutiny assessments. Plus advance tax work is on. Again, after the Union Budget, some urgent study and action will be required.

S — But that is normal in this part of the year. You should be quite used to such pressure!

A — I agree. But suddenly my friend is insisting that I should accompany him to Delhi.

S — Delhi? What for? To meet the PM or FM? Ha Ha Ha!

A — No Bhagwan. He is a very low profile CA. Poor fellow was held guilty of misconduct in a very trivial matter. Probably, he was not represented properly.

S — So, what is there at Delhi now?

A — When he consulted a senior member, he advised him to approach the Appellate Authority of our Institute.

S — I know. It is presided over by a High Court Judge.

A — Unfortunately, Appellate Authority does not have camps in regional offices! One has to attend at Delhi only.

S — Oh! It would be very expensive. Travel, counsel’s fee, and so on!

A — True. He is very much afraid of all this. He has engaged a counsel; but he is insisting that I should also accompany him.

S — He may be a little diffident.

A — Yes. Actually, he is from a rural area. Does not have the exposure and smartness to organise all this.

S — Then better rethink as to whether it is worthwhile contesting the issue. What is the punishment by the way?

A — Actually, the punishment is a mere reprimand. But he feels it is a stigma.

S — I know of another CA who was awarded one week’s suspension of membership. But he did not find it worth contesting, though his case had a lot of merit.

A — Why? One should always fight for justice.

S — I agree. But justice at what cost? And what is the guarantee of result? Are you aware of the procedure of Appellate Authority?

A — No. I will be attending for the first time.

S — See, in the notice, they must have mentioned as ‘preliminary hearing’.

A — Yes. What does that mean? .

S— It means, they will only hear your side and ascertain whether there is any substance in your appeal.

A — And then what?

S — Then, sometime later, they will hear the other side – that means the Council’s side. And they will decide whether the appeal is to be admitted! You also will be called for that hearing.

A — Oh! That means like the regular High Court. But both sides are not heard together?

S — Only after the preliminary hearing!

A — Very strange!

S — Yes. And if the appeal is admitted, then only they will fix up a date for hearing both sides.

A — Oh, my God! So the poor respondent will have to travel to Delhi thrice – with the Counsel?

S — Yes, my dear!

A — Then double the cost! And again so much of time! Doesn’t seem worth the trouble.

S — To avoid all this, the best thing is not to commit any misconduct even inadvertently! Not even in your dream!

A — What you say is absolutely correct! Prevention is better than cure. I must tell all this to my friend. One should really do the cost-benefit analysis of the whole thing.

S — Unfortunately in our system, justice is becoming more and more costly; and illusory.

A — Bhagwan, after all, this is your ‘leela’. You alone can save us from disaster!

Om shanti !!!!!

Note
The above dialogue intends to introduce our readers to the procedure followed by the Appellate Authority. The readers can go through section 22A of the Chartered Accountants Act, 1949 for their self study.

Part D ETHICS, GOVERNANCE & ACCOUNTABILITY

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Openness, accountability, and honesty define government transparency. In a free society, transparency is government’s obligation to share information with citizens. It is at the heart of how citizens hold their public officials accountable.

Governments exist to serve the people. Information on how officials conduct the public business and spend taxpayers’ money must be readily available and easily understood. This transparency allows good and just governance.

“A lack of transparency results in distrust and a deep sense of insecurity.”
– Dalai Lama

Part C Information on & Around

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Chief Minister’s office (Maharashtra ) paying nearly Rs. 8 lakh a month to eight officers on special duty:
An RTI query filed by activist Anil Galgali has revealed that the Chief Minister’s Office (CMO) incurs a monthly expenditure of Rs. 7.7 lakh to pay the officers on special duty (OSD). Galgali feels that the performance of these officers ought to be evaluated and appraised to justify the remuneration.

The CMO, however, feels these OSDs are discharging important duties. “All these officers have contributed immensely in various projects and flagship programmes of the government and the chief minister monitors their performance personally”, the CMO reacted in a written note. It mentioned that governance programmes, such as Aaple Sarkar, Right to Services Act and War Room that led to “good and speedy governance” were handled by OSDs.

The state is also using modern communication platforms such as Twitter, Facebook and WhatsApp. These candidates are handling it for the government to make the state schemes and decisions reach out to people. The OSDs have played an important role in the recent Make in India Week. The CMO still has vacancy for two OSDs.

‘Make In India’ logo designed by foreign firm
The logo of Prime Minister Narendra Modi’s much-hyped Make in India initiative, which aims to brand India as a manufacturing hub is designed by a foreign company’s Indian arm, reveals an RT I query. Replying to query by a Madhya Pradesh-based activist, Chandra Shekhar Gaur, Union Commerce and Industry ministry replied, “No tenders were invited for designing Make in India logo. In 2014-15, tenders were invited by the ministry for appointing a creative agency. And on the basis of this tender, Weiden+Kennedy India Limited, was chosen”.

While replying to another query, the ministry informed that Weiden+Kennedy India Limited was hired for Rs. 11 crore for advertising and promotion of Make In India campaign, for 3 years — Rs. 4.32 crore for financial year 2014-15, Rs. 3.6 crore each for 2015-16 & 2016-17, said the reply in the last week of December.

Speaking to TO I, Gaur said, “It feels good to hear about ‘Make in India’ and the campaign also talks good about our country. It’s a good initiative, but it would have been better and sent a stronger message if this was done by an Indian firm. There is no dearth of creative talent in India.”

HC refuses info under RTI for want of manpower
The Public Information Officer (PIO) of the Madras High Court Bench has refused to furnish information sought for by an advocate under the RT I Act, since “it is not readily available and collection of the same involves verification of voluminous records and huge manpower which is not possible.”

K. H. Elavazhagan, Registrar (Administration)-cum- PIO of the Bench, had said so in a written reply sent to the RT I applicant, A. Kannan, who had sought details of private cases filed by law officers representing the State government before their appointment to the posts of Special Government Pleader, Additional Public Prosecutor and Government Advocate in June 2011.

10 Janpath bigger than PM’s 7 RCR
Congress president Sonia Gandhi has one of the largest residences among politicians in the country, bigger than even the Prime Minister’s official abode at 7 Race Course Road in size. President Pranab Mukherjee and Vice-President Hamid Ansari are the only others who can boast of set-ups more palatial than the politically potent 10 Janpath. But while Rashtrapati Bhavan, the Vice- President’s residence and 7 RCR are official residences, Gandhi’s home at 10 Janpath is specifically allotted to her, irrespective of her status as Member of Parliament. The Gandhi residence is spread over 15,181 sq. m. while the Prime Minister’s is smaller at 14,101 sq. m., according to the Central Public Works Department.

Apex Court refuses to share pending ruling data
Fifteen years after its verdict that the confidence of litigants would be shaken if judgments were kept pending for years, the Supreme Court recently refused to share information under the RT I Act on the cases reserved for judgment. It also dismissed a plea to maintain the data on its pending judgments and make the information public under the RT I Act.

Closing the option for litigants and public-spirited persons to know details of cases which have been waiting endlessly for final decision, even though arguments are long over, the apex court refused to interfere with a Delhi High Court decision which said the court registry could not be directed to collect information on how long judgments on cases remained pending under the Right to information Act.

After a case is heard by a court, it reserves its verdict in the case. There is a certain time gap between this and declaration of the court’s decision or judgment. The case remains pending till the judgment is delivered. However, the Supreme Court’s refusal to be made accountable under the RT I Act is despite the Central Information Commission (CIC) ruling to disclose the number of pending or “reserved” judgments.

60% of discretionary fund used for Karnal, Gurgaon ignored

Haryana Chief Minister, Manohar Lal Khattar had released Rs. 14.30 crore for the state in 2014-15 under the discretionary fund. However, an RT I reply from the government has revealed that it has not spent a penny of this fund in Gurgaon.

The government in its reply said Rs. 8.76 crore, a whopping 60% of the entire amount was spent in Karnal, the CM’s constituency.

Chief Ministers’ discretionary fund is meant to provide immediate relief during calamities, disasters and other similar incidents when the other government machinery is slow and bound by rules and regulations. The apex court in 2011 had upheld this quota stating that the power of the chief minister to give monetary relief was power accompanied with duty.

While the funds in the CM’s discretionary quota are meant exclusively for an emergency, what is surprising is that Khattar has bestowed a major part of his largesse to only six villages in Karnal for development work.

Part B RTI Act, 2005

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In 3 months, Delhi government to accept RTI applications online

As a part of its e-governance initiatives, the Delhi government will begin accepting online filing of RTI applications within the next 3 months. According to government sources, the online RT I project is in the pipeline along with the project to set up e-Mandis, which will also make the sale of agricultural produce more transparent.

The project will help citizens file applications seeking information pertaining to any government department, make payments online and receive replies through e-mail. Currently, RTI applications are filed in person or by post.

The online applications, sources said, will have a payment gateway similar to an e-commerce platform and payments will be enabled by credit or debit cards, or netbanking. The government is currently working on setting up the infrastructure to ensure appropriate channeling of applications to the concerned departments. A back-end set up will also have to be created to channel the RT I fees to the concerned department, said sources. In addition, the government is also training its officials to gradually shift the RTI setup to a paperless office. Sources said training of government employees will also take some time before all RT I operations become paperless. The government, however, will rope in various departments to be able to complete the process within the next three months. About the e-Mandi project, sources said it was conceptualised to regulate the prices of agricultural produce and eliminate the monopoly of some vendors. This will ensure that details of all products are online. If the sale of some product is stuck, their availability or otherwise can be seen online, said a source. The project is still nascent and will take time to be planned and executed. While both the projects have received the government’s nod, the cost involved in setting them up is still being worked out, said officials. The majority of the expenses, they said, would be on setting up the online platforms and back-end operations.

Part A Decision of Supreme Court

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Public Service Commissions within RTI ambit

The Supreme Court held that candidates in recruitment examinations can seek scanned copies of answer sheets and tabulation of interview marks under the Right to Information (RT I) Act, but the right to information does not extend to disclosure of names of examiners.

A Bench of Justices M.Y. Eqbal and Arun Mishra in the case ‘Kerala Pub. Service Commn. & Ors. vs. State Information Commn. & Anr’ said disclosure of those who evaluated their mark sheets would not be in public interest.

The Apex Court held:
“The request of the information seeker about the information of his answer sheets and details of the interview marks can be and should be provided to him. It is not something which a public authority keeps it under a fiduciary capacity. Even disclosing the marks and the answer sheets to the candidates will ensure that the candidates have been given marks according to their performance in the exam. This practice will ensure a fair play in this competitive environment, where candidate puts his time in preparing for the competitive exams, but, the request of the information seeker about the details of the person who had examined/checked the paper cannot and shall not be provided to the information seeker as the relationship between the public authority i.e. Service Commission and the Examiners is totally within fiduciary relationship. The Commission has reposed trust on the examiners that they will check the exam papers with utmost care, honesty and impartially and, similarly, the Examiners have faith that they will not be facing any unfortunate consequences for doing their job properly. If we allow disclosing name of the examiners in every exam, the unsuccessful candidates may try to take revenge from the examiners for doing their job properly. This may, further, create a situation where the potential candidates in the next similar exam, especially in the same state or in the same level will try to contact the disclosed examiners for any potential gain by illegal means in the potential exam.”

Ethics and U

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(Updating of knowledge)

Shrikrishna (S) — Yes Arjun, how was the budget?

Arjun (A) —You mean Union Budget of 2016-17? It was very nice!

S — What was nice about it?

A — FM has touched upon many pain-points of tax payers. Has tried to rationalise many provisions.

S — Oh! You CAs believe that Budget means Finance Bill. That too, only Direct tax. One needs to see the broader picture; the economic part as well.

A — I agree. But those astronomical figures of a few lakh crores; and high-dream schemes really don’t make any meaning. Statistics is always deceptive.

S — Still, you should try to understand those things.

A — What you say is right. But who has the time to go through it? You know how hectic March is for us.

S — But you have no choice. Clients will expect a communication from you about the salient features.

A — So many people and firms bring out the booklets. Our BCAS budget booklet is excellent. S — T hat’s true. But have you bothered to buy them and distribute among your clients? You should educate your clients.

A — We are running around for completion of scrutiny assessments; service tax calculations, and what not!

S — And what about bank audits that will come in April?

A — That reminds me. I need to attend branch audit seminars. I have also to complete my CPE hours! A headache!

S — But why did you not complete it before? Why wait till the last date; and do it only in extended time?

A — That is in our blood now! We CAs don’t like to do things in time.

S — So that at the last moment, you can act to be too busy!

A — But these compliances keep us busy round the year. There is no respite to think of anything creative.

S — There is one more important thing that you CAs have not taken seriously! And that may invite trouble.

A — He Bhagwan! What do you mean? Any more burden?

S — Yes. Income Computation Disclosure Standards. ICDS.

A — I have heard about it. What exactly is it?

S — You are mainly practising income tax. Then you should know it. There are 10 ICDS and the Income for financial year 2015-16 was supposed to be computed by applying ICDS.

A — Oh, My God! Really, is it applicable? So our advance tax estimates also were to be done by ICDS?

S — Of course! Materiality, Revenue Recognition, Foreign Exchange, Inventory Valuation and so many of them. All affecting taxable income.

A — But have they not postponed it? Such a new thing made applicable all of a sudden!

S — They brought it last year only. But you always expect extension of every compliance.

A — Lord, we meet here to discuss our Code of Ethics. What has ICDS to do with the Code of Ethics?

S — You are mistaken, my dear! Technical competence is a fundamental part of ethics. You are a professional. If you are not up-to-date in knowledge, how will you render proper service?

A — That’s a point.

S — Technical lapses, lack of basic knowledge on the part of a CA, are considered to be misconduct.

A — Is it negligence?

S — Certainly.

A — But is there any effect on accounts?

S — No. On account of ICDS, you need not change the accounts. But tax provision will be affected.

A — Then our audit will also be affected. It is a part of statutory compliance.

S — And not doing it properly is a gross-negligence; or at least a lack of due diligence!

A — Clause (7) of part I of Second Schedule! Right? S — Very good! You remember so much!

A — So now, I need to update myself on Ind AS and ICDS! That means, my summer vacation is gone!

S — Don’t sacrifice your vacation. But always have knowledge update in your priority list. Be pro-active and avoid last moment tensions.

A — I agree. It affects our health; quality of work suffers; and in general, there is trouble.

S — Timely action will bring you peace in practice.

A — You are absolutely right, Lord, as always! Om shanti !!!!!

Part C Information on & around

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Maharashtra government makes another attempt to cripple RTI Act; move draws flak

The Maharashtra government is proposing a series of RTI rules, which, if implemented, would sound the death knell of the Act. Earlier, during the tenure of the previous government, some RTI rules were made.

What are the controversial proposals?

One is that an applicant would not be given details that “involve fresh collection of non-available data” or “compilation of existing data”. The other is not to give information on queries that seek “justification”.

How will the proposals kill the Act?

Already, there are complaints that many public information officers (PIOs) do not part with information largely because they do not even keep the records properly with them. The proposals also take away the onus of giving reasons for not providing information from the PIOs. The government is also looking to set a limit on the information it can provide online.

PMO discloses salary of its staff; IAS officer Bhaskar Khulbe highest paid

The monthly salary of all officers working in the prime minister’s office (PMO) has been made public as part of suo motu disclosure under the Right to Information (RTI ) Act with senior Indian Administrative Service (IAS) officer Bhaskar Khulbe the highest paid at Rs.2.01 lakh.

Khulbe, who is secretary to the prime minister, gets a monthly remuneration of Rs.2.01 lakh, according to details of the salary as on 1 June 2016 put on the PMO website.

Update details of officers handling RTI matters: Govt to depts

All central government departments have been asked to ensure that updated details of officers responsible for handling RTI applications are available in the public domain.

One of the items to be disclosed proactively by the public authorities (or government departments) under the Right to Information (RTI) Act pertains to the names, designations and other particulars of the Central Public Information Officers (CPIO) and its updation on a yearly basis.

Army canteens most profitable retail chain in India, ahead of Future & Reliance Retail

Which is the most profitable Retail chain in India? Answer: The defence canteen stores. Its earnings exceeded those of all other chains, including Future Retail and Reliance Retail. The Canteen Stores Department (CSD), which, incidentally, is a not-for-profit organisation, earned Rs 236 crore during FY14-15, according to a Right to Information query. Comparatively, Avenue Supermart, which runs D’Mart stores, made a profit of Rs 211crore.

118 sexual harassment cases filed in BMC in 4 years, reveals RTI

In the last four years (2013-16) the Brihanmumbai Municipal Corporation (BMC) officials have registered 118 cases of sexual harassment in its offices, reveals a right to information (RTI ) response.

In a reply to the RTI filed by activist Anil Galgali requesting number of sexual harassment complaints filed in the civic administration and action taken, the civic body replied saying 21 sexual harassments cases were registered by its women employees till June this year.

According to this information, from 2013 to 2016, the average number of complaints registered with committee which works under Women Sexual Harassment Prevention chief and ‘Savitribai Phule Women Resource Centre each year should be 29. While in 2013 and 2014, 32 and 34 complaints were lodged respectively, there was marginal decline in 2015 as 31 cases were filed.

Part B RTI Act, 2005

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Constitution bench to decide if SC is exempted from RTI Act

A five-judge Constitution bench of the Supreme Court will decide whether the apex court is liable to disclose information on judicial appointments under the Right to Information Act.

The bench will hear a case filed by its administrative wing through the Central Public Information Officer.

A three-judge bench led by Justice Ranjan Gogoi referred the question to the country’s top court, following a case filed by the CPIO of the Supreme Court against an earlier Delhi High Court ruling.

The Delhi High Court in 2014 upheld a similar order by the Central Information Commission and ruled that the Supreme Court is not exempt from disclosing information under the RTI . The high court thus allowed the public to seek information related to appointment of judges, and number of cases pending and disposed off in the apex court through RTI applications.

The Delhi High Court directed the Supreme Court registry to maintain all records, even judgments that had been reserved, to ensure that all information is available under RTI .

In 2011, the CIC had given a similar direction to the Supreme Court to maintain its records regarding all cases in such a way that information can be made available to RTI applicants. The Supreme Court has however, refused to give any directions with respect to divulging any details under the RTI during hearings of several public interest litigations.

The CIC gave its order in 2011 based on the apex court’s 2001 ruling in the case titled Anil Rai vs. State of Bihar. This judgement has been cited in most cases pleading for transparency in judiciary’s functioning on account of observations made on maintaining confidence of litigants. Several drafts of the Memorandum of Procedure prepared by the government for appointment of judges exclude appointments from the ambit of the RTI .

Part A Decision of CIC

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[Introductory Note to the following CIC Decision: In 2010 the Environment Minister placed a moratorium on release of Bt Brinjal, which would have been the first genetically modified (GM) food crop in India – despite it having been cleared as ‘safe’ by the Regulator, the Genetic Engineering Appraisal Committee (GEAC). This was done in the light of the analysis of the test data by scientists in India and abroad, who found many lacunae in the test results done by the applicant and accepted by the GEAC. There were also public hearings at 7 locations where the scientists as also consumers, farmers and NGOs could put their view point. Currently GM mustard has been through testing and may be cleared for release, but data was not being put in the public domain for analysis. An RTI application has resulted in the following landmark order]

GM mustard trials: CIC asks govt to reveal bio-safety data

The Central Information Commission (CIC) has directed the environment ministry to reveal safety data regarding trials of genetically modified (GM) mustard without further delay, noting that “any attempt to postpone or delay the disclosure will block the public discussion” on the controversial issue.

In April, the information panel had pulled up the Union ministry of environment, forest and climate change (MoEFCC) over its lack of transparency on trials of GM crops and directed it to make public all information, including bio-safety data, related to the field trials of the GM mustard crop before 30 April.

The CIC also directed the ministry to put in the public domain bio-safety data pertaining to all other GMOs (genetically modified organisms) in the pipeline.

The CIC’s directions came on an application by environment activist Kavitha Kuruganti, who sought information regarding field trials of GM mustard from the MoEFCC, but was denied.

“Instead of furnishing information as ordered by 30 April 2016, the public authority requested for two more months. The public authority did not honour its own commitment to furnish in that time and on 28 June they sought another extension, this time for 90 days. To furnish a copy of a report or to place the agenda and minutes of the GEAC (Genetic Engineering Approval Committee) meeting, they need no time at all. They are just asking for time though they do not require it,” information commissioner M. Sridhar Acharyulu noted in his order.

He also held that there appears “to be no seriousness in seeking extension” and the environment ministry is “routinely asking for extension without specifying the period”.

In his order, Acharyulu said that the information sought is of “high public importance, concerning public health, and it should have been in (the) public domain”.

“Public authority is attempting to keep vital information out of public discussion. It amounts to prevention of constitutionally guaranteed freedom of speech and expression of the appellant, who are interested in discussing the pros and cons of GMOrelated issues of GM mustard, which if permitted would cause serious impact on the public health of consumers on a large scale,” he said.

From Published Accounts

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Section A: Disclosures regarding adoption of Ind AS and pursuant adjustments carried out

Compilers’ Note
As per the roadmap issued by the Ministry of Company Affairs (MCA), listed and other companies with a net worth of over Rs. 500 crore (as on 31st March 2014) have to adopt ‘Ind AS’ set of standards as notified by the Companies (Indian Accounting Standards) Rules, 2015 as amended by Companies (Indian Accounting Standards) Amendment Rules, 2016.

To overcome the initial problems likely to faced by companies on Ind AS implementation, SEBI has also vide Circular dated 5th July 2016 given certain exemptions from disclosures for Q1 and Q2 results for companies who have to adopt Ind AS.

Given below are disclosures by 2 large listed companies for the quarter ended 30th June 2016 who have adopted Ind AS.

Reliance Industries Ltd
Transition to Ind-AS:
The Company has adopted Ind AS with effect from 1st April 2016 with comparatives being restated. Accordingly the impact of transition has been provided in the Opening Reserves as at 1st April 2015 and all the periods presented have been restated accordingly.

RECONCILATION OF PROFIT AND RESERVE BETWEEN IND AS AND PREVIOUS INDIAN GAAP FOR EARLIER PERIOD AND AS AT MARCH 31, 2016

Notes:
I. Change in accounting policy for Oil & Gas Activity – From Full cost method (FCM) to Successful Efforts Method (SEM): The impact on account of change in accounting policy from FCM to SEM is recognised in the Opening Reserves on the date of transition and consequential impact of depletion and write offs is recognised in the Profit and Loss Account. Major differences impacting such change of accounting policy are in the areas of;

– Expenditure on surrendered blocks, unproved wells, abandoned wells, seismic and expired leases and licenses which has been expensed under SEM.

– Depletion on producing property in SEM is calculated using Proved Developed Reserve, as against Proved Reserve in FCM.

II. Fair valuation as deemed cost for Property, Plant and Equipment: The Company and its subsidiaries have considered fair value for property, viz land admeasuring over 33000 acres, situated in India, with impact of Rs. 51,101 crore and gas producing wells in USA Shale region with impact of Rs.(-) 5,829 crore in accordance with stipulations of Ind AS 101 with the resultant impact being accounted for in the reserves. The consequential impact on depletion and reversal of impairment is reflected in the Profit and Loss Account.

III. Fair valuation for financial Assets: The Company has valued financial assets (other than investment in subsidiaries, associate and joint ventures which are accounted at cost), at fair value. Impact of fair value changes as on the date of transition, is recognised in opening reserves and changes thereafter are recognised in Profit and Loss Account or Other Comprehensive Income, as the case may be.

IV. Deferred Tax:
The impact of transition adjustments together with Ind AS mandate of using balance sheet approach (against profit and loss approach in the previous GAAP) for computation of deferred taxes has resulted in charge to the Reserves, on the date of transition, with consequential impact to the Profit and Loss account for the subsequent periods.

V. Others: Other adjustments primarily comprises of:
a. Attributing time value of money to Assets Retirement Obligation: Under Ind AS, such obligation is recognised and measured at present value. Under previous Indian GAAP it was recorded at cost. The impact for the period subsequent to the date of transition is reflected in the Profit and Loss account.

b. Loan processing fees / transaction cost: Under Ind AS such expenditure are considered for calculating effective interest rate. The impact for the periods subsequent to the date of transition is reflected in the Profit and Loss account.

Tech Mahindra Ltd
The Company has prepared its first Ind AS compliant Financial Statements for the periods commencing April 1, 2016 with restated comparative figures for the year ended March 31, 2016 in compliance with Ind AS. Accordingly, the Opening Balance Sheet, in line with Ind As transitional provisions, has been prepared as at April 1, 2015, the date of company’s transition to Ind AS. In accordance with Ind AS 101 First-time Adoption of Ind AS, the Company has presented a reconciliation from the presentation of financial statements under Accounting Standards notified under the Companies (Accounting Standards) Rules, 2006 (“Previous GAAP”) to equity under Ind AS as at March 31, 2016, June 30, 2015 and April 1, 2015 and of the total comprehensive income for the quarter ended June 30, 2015.

The principal adjustments made by the Company in restating its “Previous GAAP” statement of profit and Loss for the quarter and year ended March 31, 2016 and quarter ended June 30, 2015 are as mentioned below:

Footnotes to the reconciliation between “Previous GAAP” and Ind AS.

i) Fair Value Through Other Comprehensive Income (FVTOCI) Financial assets:
Under “Previous GAAP”, the Group accounted for long term investments in unquoted and quoted equity shares as investment measured at cost less provision for other than temporary diminution in the value of investments. Under Ind AS, the Group has designated such investments (other than subsidiary and associate) as FVTO CI investments. Ind AS requires FVTO CI investments to be measured at fair value. Due to difference between the investments fair value and “Previous GAAP” carrying amount, total comprehensive income has been increased by an amount of Rs.1160 Lakh for quarter ended June 30, 2015 and decreased by an amount of Rs.2785 Lakh and Rs.546 Lakh for quarter and year ended March 31, 2016 respectively.

The Group, under the “Previous GAAP” had made provision for diminution in value of quoted investments in earlier years, now since investments are accounted at fair value, provision for diminution, no longer required has been reversed by the company and corresponding effect has been given by crediting retained earnings Rs. 2515 Lakh as at transition date. During the quarter ended June 2015, company had already reversed the amount of provision for diminution in value of quoted investment of Rs.2435 Lakh in “Previous GAAP” financials and on reversal on transition date, the profit under Ind As has been decreased by an amount of Rs.2435 Lakh for quarter ended June 30, 2015 and year ended March 31, 2016.

ii) Share based payments:
Under “Previous GAAP”, the Group recognised stock compensation cost based on intrinsic value method. Ind AS 102, Share-based Payment, requires compensation cost to be recognised on fair value as at grant date to be determined using an appropriate pricing model over the vesting period. Accordingly, profit has been decreased (excess of cost determined on fair value basis over intrinsic value basis) by an amount of Rs.1051 Lakh, Rs.860 Lakh and Rs.3269 Lakh for quarter ended June 30, 2015, quarter and year ended March 31, 2016 respectively.

iii) Foreign currency translations:
In “Previous GAAP”, fixed assets of integral foreign operations were carried at historical exchange rate and now in accordance with Ind AS 21, Property, Plant and Equipment of integral foreign operations has been restated at closing rate and other comprehensive income has been increased by an amount of Rs.149 Lakhs, Rs.600 Lakh and Rs.600 Lakh for quarter ended June 30, 2015, quarter and year ended March 31, 2016 respectively.

iv) Fair Value Through profit or loss in respect of Financial assets:
Under “Previous GAAP”, the company accounted for current investment in mutual funds on the basis of cost or Net realizable value whichever is lower. Ind AS requires the same to be measured at fair value. Accordingly, current investment in mutual funds have been measured at fair value and profit has been decreased by an amount of Rs, 91 Lakh for quarter ended June 30, 2015 and increased by an amount of Rs.167 Lakh and Rs.230 Lakh for quarter and year ended March 31, 2016.

v) Deferred tax:
Certain translation adjustments lead to temporary differences and accordingly, the group accounted for deferred tax, as applicable on such differences. Deferred tax adjustments are recognised in correlation to the underlying transaction either in retained earnings or a separate component of equity.

These adjustments have resulted in decrease in profit by an amount of Rs. 435 lakh and Rs.2349 Lakh for quarter ended June 30, 2015 and March 31, 2016 respectively and increased by an amount of Rs. 4183 Lakh for year ended March 31, 2016.

Tax adjustments are primarily on account of deferred taxes recognised for undistributed earnings of subsidiaries.

vi) Other Comprehensive Income:
Under the “Previous GAAP”, the Group has not presented other comprehensive income (OCI) separately. Now, under Ind AS, actuarial gain/loss on defined benefit liability, effective portion of cash flow hedges (amounting to loss of Rs.14984 Lakh for quarter ended June 30, 2015 and gain of Rs.10890 Lakh and Rs.11741 Lakh for quarter and year ended March 31, 2016 respectively) and currency translation reserve has been shown separately and routed through OCI.

Part D ETHICS, GOVERNANCE & ACCOUNTABILITY

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Corporate Transparency
There is considerable debate on how corruption must be reduced in the government. It spawned a movement, – which shook the nation;- and subsequently a political party. Most organisations in Western countries do not have specific Vigilance departments, whereas most of our government departments cannot do without these. Since the Vigilance departments are ineffective we have an Anticorruption bureau. To ensure independent investigation we have a CBI. Since these are not adequate we have the CVC, and now the talk of a Lokpal as the panacea for corruption.

The objective of this article is to see whether a method can be evolved to curb the corruption which takes place by collusion between big business and government functionaries. This hurts the nation seriously, since it is now estimated to be in millions of dollars. As many people point out, there are basically two types of corruption in government offices:

1) Extortionist- where bribes are demanded for a legitimate service or as a price to avoid harassment.

2) Collusive- where the giver is eager to give bribes so that he can indulge in an illegal act, or enrich himself at the cost of the public. This is usually of very large value and hurts public finances significantly.

This piece is an attempt to suggest that non-government action can lead to reduction of the second kind of corruption, which results in huge scams and great cost to public exchequer. Let me make an attempt to outline how this could be achieved. I am basing my suggestions on the following assumption:

A small percentage of the corporate would collapse if corruption were to be curtailed, since their profits depend on them. A comparable number of corporate lose a lot of business opportunities to the former because of unwillingness to adopt unethical practices. Most of the corruption of the collusive kind is indulged in by the former. For corporate of the second kind, there is a business need to curtail the collusive corruption. Apart from this there may be a consideration of ethics and a genuine desire to curb corruption. If a few such companies decide to take active steps to curtail corruption, and are quite clear that they will not adopt this route of getting unfair or unjust advantage from the government, they can make a difference to the overall national scenario. Taking a proactive role to achieve this goal is in their business interest and could translate to higher profits.

Unfair advantages by collusive corruption are obtained by paying lower taxes or getting unfair reliefs in paying taxes. Another area is getting lands or other infrastructure in a manner which gives them an effective subsidy. One more avenue is to bid competitively for providing services or for public private partnerships, and subsequently changing the conditions to affect public interest adversely. The idea is that those who wish to promote honesty and look at it as their social responsibility publicly pledge to display all transactions with governments on their websites.

Companies could also declare a policy for disclosure in which they could declare that certain information, which may harm their commercial interests would not be displayed. This would be very little, which might harm the legitimate commercial interests of the companies. They could declare the kind of information in government transactions which they would not display and explain their reasons. Many business leaders regret the lack of transparency and the corruption in government. They can take the lead and demonstrate their willingness to be transparent and also to transform the nation. It would be very good if a few businesses got together and announced their commitment to be transparent in their transactions with government. If they have taken a conscious decision to refuse the route of corruption to get undue advantage they would lose nothing and certainly gain respect from citizens and peers. Businesses may well argue that citizens should get the information from the government departments. These departments usually do not give information which would reveal favours despite this being a violation of their obligation in Right to Information Act. There could be two benefits for companies who publicly announce and practice transparency in all transactions with government:

1) They would be recognized by public for their commitment to transparency and corporate social responsibility.

2) Over a period of time if more companies follow suit, it would create a pressure on others to accept this level of transparency.

As the law stands most of this information should be accessible to citizens from government departments using RTI , except that which is exempt. However, when large corruption is involved, the information is usually denied and a citizen finds it difficult to battle this unjust denial.

Private action could have the potential of curbing corruption. I am hoping a few will take the lead. Corporates can make an effective contribution to bringing transparency and accountability and reducing corruption in the nation. Will some corporate take the lead? This could also be achieved if regulatory agencies,- like SEBI in India,- make it mandatory for all companies.

Part C Information on & Around

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Haryana: Charge for RTI application reduced from Rs. 50 to Rs. 10
The Haryana government has reduced the charge for filing an application under Right to Information (RTI ) Act from Rs. 50 to Rs. 10. The Haryana Right to Information Rules, 2009, has been amended and now will be known as the Haryana Right to Information (Amendment) Rules, 2016. A spokesman of the Administrative Reforms Department said that a notification to this effect had been issued. He said that according to the amendment, an application for obtaining any information would warrant a fee of Rs. 10.

Delhi HC directs Central Information Commission to start maintaining daily order sheets within six months
In a recent order, Justice Manmohan of Delhi High Court has directed the Central Information Commission to start maintaining daily order sheets within six months. The direction came while disposing the writ petition filed by R. K. Jain, a renowned authority on indirect taxation, and the Editor of Excise Law Times. In his order, Justice Manmohan held that since the CIC is a quasi-judicial body, its records must reflect a true and correct state of affairs. Dr. L. C. Singhvi, counsel for CIC, told the court that the CIC was willing to maintain daily order sheets, and sought time to evolve a procedure. Jain had complained that during hearing of his appeal in a recent case, it was allowed by the CIC, but in the order which was passed by CIC after a long delay, the appeal was dismissed.

RTI query exposes scam in appointments at CCSU
A report obtained under the Right to Information Act (RTI ) has thrown light on alleged corruption in the appointment procedure of assistant professors at Chaudhary Charan Singh University(CCSU).

As per the interview procedure, a suitable candidate is judged on the basis of his performance in the academic record & research programme and domain knowledge. In the 13 appointments made in February 2015, marks in domain knowledge were allegedly increased that led to the appointment of these aspirants.

However, a complaint was filed against one such aspirant following which the appointment was terminated. However, the remaining 12 candidates continue to be staff members.

Three Public Sector Banks With High Non-Performing Assets Rejected Most RTI Requests in 2014-15

A day after the Reserve Bank of India (RBI) submitted a list of the big defaulters – those who owe banks over Rs. 500 crore each – before the Supreme Court, with the plea that the names not be made public, an analysis of the data on the disposal of right to information (RTI ) applications has revealed that three public sector banks (PSBs), which figure high on the list of those with large non-performing assets (NPAs), rejected the most number of applications. While the rejection rate of some banks was less than 12%, many banks had a rate as high as 50%, indicating that perhaps they have something to hide, said RTI activist Venkatesh Nayak, programme coordinator at the Commonwealth Human Rights Initiative (CHRI), who examined the annual reports released by the Central Information Commission, which contains RTI application statistics submitted by 24 PSBs u/s. 25 of the RTI Act.

SIC imposes Rs. 5K fine on town planning officers

The Nagpur bench of State Information Commission (SIC) levied a fine of Rs. 5,000 on the public information officer of town planning department here for not complying with its earlier order for providing answers to queries under Right to Information (RTI ) Act, 2005. Commissioner Vasant Patil directed to recover this amount from information officer and be paid to RTI activist Mangesh Gakre, who had lodged a complaint.

Part B RTI Act, 2005

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Four law students take Delhi High Court to Court over exorbitant RTI fees; win

In a landmark decision, the Division Bench headed by the Chief Justice of Delhi High Court, amended the RTI Rules 2006 of the HC, while hearing a PIL filed by four law students, bringing the fees at par with other public authorities

Students objected to the following rules:

a) Exorbitant Fees prescribed under Rule 10 of the Delhi High Court RTI Rules, 2006 i.e. Rs. 50 as application fee and Rs. 5 per page for obtaining the photocopy/ physical/ Xerox Copies.

b) No provision for supply of information at free of cost for the citizens falling below poverty line (BPL) category, which is a mandatory provision under the main Act to provide free access to information to such citizens.

c) Provision of filing separate applications for each unrelated information as per Rule 3 of the Delhi High Court RTI Rules, 2006

They filed a public interest litigation (PIL) in the Delhi High Court in October 2015. Paras Jain and Kumar Shanu argued this matter in person without taking help from any advocate before the Division Bench of Chief Justice of Delhi High Court. They got the first two rules a) and b) amended in conformity with the provisions of the main RTI Act. The Bench, however, rejected main contention of the petitioners (students) on quashing of Rule 3 of the Delhi, which requires a separate RTI application for each information.

Jain says, “There is no provision in the RTI Act for filing separate applications in case of unrelated information, but Rule 3 of the Delhi High Court Rules states that for each piece of information sought, a separate application should be made.” The Court stated that the provision was required as it prevents frivolous applications seeking roving inquiries into various subjects.

Part A Decision of CIC

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CIC finally slams BCI hard for continuously failing to disclose information required by RTI Act

The Bar Council of India (BCI) has not satisfactorily complied with the Right to Information Act 2005 (RTI Act) provision which requires that it publish all its affairs on its website, held the Central Information Commission (CIC). The CIC said it is inclined to impose maximum penalty on BCI chairman Manan Kumar Mishra, if the BCI does not comply in a definite amount of time.

Chief Information Commissioner Prof Sridhar Acharyulu, formerly Registrar at Nalsar Hyderabad, stated in his 7th April, 2016 order:

“It is noticed that the Bar Council of India has not satisfactorily complied with the section 4(1) (b) requirements. It is a major breach of RTI by prestigious organization called BCI. It is also surprising that they are repeatedly taking a plea that, though they have such information in computer, they have not posted it on website. They have already exhausted 10 years of time in fulfilling this obligation. Commission directs the public authority to furnish annual report in compliance with 4(1)(b), as required u/s. 19(8)(a)(vi) and directs the PIO to show cause why maximum penalty should not be imposed for this breach of RTI. Commission directs the Chairman, BCI to file an affidavit explaining when they would be complying with 4(1)(b) on their official website. All the responses should reach the commission by May 9, 2016. If not, Commission will be compelled to initiate appropriate action against the Chairman, BCI for non-compliance of section 4(1)(b).”

Ethics and U

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(Negligence)

 Shrikrishna (S) — Arjun, I met your friend the other day. The one whom you introduced to me last Sunday.

Arjun (A) —Oh! He came to my office yesterday and was very much under tension.

S — Why? Any love letter from your Institute?

A — Yes! How do you know?

S — I guessed it. He was enquiring about some formalities under the Company Law, asking me how serious it is! I could make out that he was worried about it.

A — Actually, he has a client which is a private limited company. There was a dispute between two groups of shareholders and directors.

S — That is very common. When two persons come together for business, one should take it for granted that they are bound to quarrel between themselves one day or the other.

A — You said it! Nowadays, no relation is cordial forever! It is bound to break.

S — Not even matrimonial! Ha Ha Ha! We are in kaliyug. But what happened to that company?

A — The two groups separated. The outgoing group had some loans given to the company. They started demanding it back.

S— But how was your CA friend involved?

A — The continuing group played a trick. They showed a backdated allotment of shares to the outgoing shareholders at a very high premium; and loan was adjusted.

S — Just to ensure that their shareholding does not become a majority holding. Right?

A — Absolutely. And they got the return of allotment prepared in Form No. 2. The form was certified as correct by this CA friend of mine; and uploaded to ROC!

S — Oh! But didn’t he verify the requirements?

A — He checked things like the resolution in the Board meeting, entries in the books of account and so on.

S— But did not check the share application form. Correct?

A — Yes. And I tell you Lord, in a private limited company, no one is really bothered about share application form. Everything goes on good faith. Oral understanding.

S — But when the allotment is backdated, that too at a high premium and especially in the name of a disputing group, your friend should have been more cautious.

A — The real story is that the dispute between the two groups has gone to the CLB and the CLB also has pointed out the same flaw. All other things may be there; but the basic factor is the application or consent of the allotttees.

S — Obviously. Such small things have great importance. Actually, you people tend to take it lightly, thinking that it is an internal document, not required to be submitted any where!

A — You are right. Previously, none of us used to take any appointment letter for audit assignments of small organisations. But now, for filing the forms to the ROC, we have started taking it. It’s a good thing, we now realise!

S — Actually, you feel irritated when the Regulators ask you to upload more and more things. But that brings discipline in corporate functioning; and indirectly can protect you as auditor.

A — Same is the case with Board meetings. They are just shown to have been held on paper; and minutes are written. But in reality, there are no notices on record, no signatures of attendance, no circulation of minutes.

S — Everything is doctored later on! But it is dangerous to leave such loose ends. I understand the practical realities; but one has to cover them up by timely paper work. Otherwise, it could be fatal.

A — Till the time everything is smoothly going on, nobody bothers. But once there are disputes or when any third party enters – like when you are selling out a company, all these things come to surface.

S— Especially in the case of your friend, he should have been on the guard since he was obviously aware of the dispute. It should trigger suspicion.

A — Fortunately, at the time of separation, there was a Memorandum of Understanding signed by both the parties that the unsecured loans would be covered by allotment of shares at a premium.

S— Good! Something to fall back on. So what did CLB say on this?

A — The complainant is disowning his signature on MOU. Now it is with handwriting expert; and disputed in court.

S — It is a good lesson to all of you; even the certificates required for your tax audit are not actually taken from the management.

A — True! We just say –‘Yes- certificate is obtained’. But in reality ………

S — So the Regulator is actually helping you by framing a specific question in form 3CD but you take it lightly. Many times clients disown any such confirmation given by them if it is not taken in writing.

A — I agree. Henceforth, I will also start insisting on such documents. My poor friend is being held guilty for negligence. We should, henceforth, also verify the signatures.

S— And it also brings disrepute to the profession. It is a lack of due diligence.

A — Lord! Now, you only save my friend.

S— You know that God helps only the diligent! Now, leave it to Destiny.

Don’t take things for granted.

Om shanti !!!!!

From the President

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Dear Members,

Greetings!

Spring is here. Many trees in Mumbai have fresh light green leaves. Mumbai streets sprinkled with yellow Peltophorum blossoms are quite a sight! Hues in heat give some respite to our eyes, at least. Indian Laburnum should bloom soon and you can identify them, as these are totally golden yellow blossom laden trees without any greens. To the otherwise sultry weather, trees with bright flowers give a colourful and cheerful touch.

The Lecture Meeting on Finance Bill 2016 addressed by respected Shri S. E. Dastur, Senior Advocate has been a sought after lecture meeting each year. This year, the number of proposed amendments in the direct tax provisions were numerous and therefore the interest was even more. The lecture meeting held at Yogi Sabhagruh, at Dadar was packed with nearly 2,500 professionals and tax payers. The proceedings of the meeting were also webcast live. There were 4,000+ connections watching the live webcast. This was his 28th speech on the Finance Bill and we are indeed grateful to him for that.

Just like we had short videos on budget expectations, which I hope you had a chance to look at, a short video on post budget analysis by various professionals is posted on the Society’s You Tube channel. A number of tax professionals have given their views on various aspects of the Finance Bill. This video was shot at Yogi Sabha Gruh just before Mr. Dastur’s lecture. I believe that we have to go digital in many more ways. Video as a medium often is easier to comprehend the topic than reading, especially when it is focussed on a specific topic and is succinct. At the Society we will roll out more digital initiatives, especially after our office is renovated.

The Society conducted its Annual FEMA conference where the RBI officials were present. The Executive Director, Mr. B. P. Kanungo inaugurated the conference and gave a wonderful keynote address. On hearing the RBI senior officials one would feel tremendous amount of comfort about this regulator which is critical to the economy of the nation. He mentioned that the spirit of FEMA is carefully preserved by the RBI resulting in a shift from intrusive monitoring to document based monitoring. He mentioned that RBI was committed to facilitate ease of doing business and therefore numerous regulations / circulars will be folded back to 19 regulations. In this context even master circulars under FEMA have been replaced by 17 Master Directions from 1st January 2016. Two more master directions are soon to be kept in the public domain. It was heartening to learn that the RBI was committed to the principle of growth with stability. He mentioned that the laws had to be simple, comprehensible and easy to enforce and that the central bank was working at reducing definition differences with other Acts such as the Companies Act, 2013 amongst several other changes that are likely to get rolled out in the coming months.

The changes in tax provisions brought out by the Union Budget give a mixed picture. The compliance burden remains and faith in taxpaying citizens is low. However, the economic growth seems to be in focus in a big way. Several changes either through the budget or otherwise are notable in this context. The unified agricultural market scheme on e platform will be a major boost. The National Digital Literacy Mission will cover more than 6 crore households. The Real Estate Bill finally brings in a regulator to regulate important areas affecting millions and is rightly skewed in favour of the consumer. The recent Companies (Amendment) Bill, 2016 clarifies, amends several facets of a badly drafted and hastily enacted law. The government opened the gates for FDI for e-retail. This sector with about Rs. 65,000 crores in investment in the last 10 years is bound to see massive changes in the way this sector works in a digital age. The FII inflows are at 3 year high. A rate cut from RBI is impending. The budget seeks to curtail fiscal deficit to 3.5% of GDP in accordance with the FRBM Act, 2003. The clearance of new defence procurement policy, categorising Indian Designed, Developed and Manufactured (IDDM) could spell a boost to manufacture of defence material in India. We are eager to see the bankruptcy code become a reality. In other words there are positive indicators, in spite of severe challenges meteorologically, economically, and politically.

This year we can celebrate 25 years of liberalisation of Indian economy. The present government will complete 2 years too. Overall, India has come a long way from where it was. The Modi Sarkar seems to be doing something right, at a level that can change the game in many areas. The Prime Minister certainly has been a pragmatic modernizer of the role of the government in an economy like ours.

The virtuous cycle of creating demand by putting money in the hands of a billion people is still a moving target. Large investment in India in the private sector still looks risky. Although creation of jobs is the top priority, there are about Rs. 13 Lakh crores of projects stuck in some approval issue. Even if most of these are unlocked, it can result in meaningful employment and gainful compensation for millions of youth entering the work force.

Wishing you all happy new financial year beginning from 1st April!

Company Law

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1. Companies (incorporation) amendment rues 2016

The Ministry of Corporate Affairs has issued an Amendment to the Companies (Incorporation) Rules, 2014 which are in force w.e.f 26th January 2016. Following are the changes in Rule 8 pertaining to “Undesirable names”: The name of the Company need not be in consonance with the principal objects as set out in the Memorandum of Association. However, when there is some indication of objects in the name, then it shall be in conformity with the objects mentioned in the memorandum.

a) Abbreviated names based on the first initial of the promoters would not be allowed.

b) If the name is misleading with regard to the scope of the activities which are beyond the resources at its disposal, such names are not allowed.

c) A time limit of 6 months has been given for changing the name of the Company, in case there has been a change in the activities of the Company and this is not reflected in the name.

The No Objection of a person who has been named in the key word of the proposed name for the Company, proof of the relationship and proof that the coined word is made out of the names of the promoters or their relatives, is not mandatory to be attached.

Further, after the resubmission of the documents and on completion of second opportunity, if the Registrar still finds that the documents are defective or incomplete, he shall give third opportunity to remove such defects or deficiencies;

Provided that the total period for re-submission of documents shall not exceed a total period of thirty days.

2. Companies (accounts) amendment rules, 2015

The Ministry Of Corporate Affairs has vide Notification dated 16th January, 2015 amended the Companies (Accounts) Rules, 2014 with the Companies (Accounts) Amendment Rules, 2015.

After Rule 2 the following is inserted –
“2A. Notice of address at which books of account are to be maintained.—For the purposes of the first proviso to sub-section (1) of section 128, the notice regarding address at which books of account shall be in Form AOC-5” and

Note by the author : Form AOC-5 is similar to eForm 23AA as per section 209(1) of the Companies Act, 1956 and is required to be filed when the Board of Directors decides by passing the resolution to keep all or any of the books of account at any other place in India besides the registered office then, the company shall, within seven days of passing the Board Resolution, file this form giving full address of that other place in form AOC-5.

In rule 6, after the third proviso, the following proviso shall be inserted, namely:—

“Provided also that nothing in this rule shall apply in respect of consolidation of financial statement by a company having subsidiary or subsidiaries incorporated outside India only for the financial year commencing on or after 1st April, 2014.”

3. Companies (cost records and audit) amendment rules 2014

The Ministry of Corporate Affairs has vide Notification dated 31st December, 2014 made the Companies (Cost Records and Audit) Amendment Rules, 2014 to amend the Companies (Cost Records and Audit) Rules, 2014.

Rule 2 (aa) ‘Central Excise Tariff Act Heading” means the heading as referred to in Additional notes in First Schedule to Central Excise Tariff Act 1985.

Companies are required to maintain Cost Records if turnover exceeds Rs. 35 crores or more during immediately preceding Financial Year in respect of the products and services specified;

Applicability of Cost Records: The Rules has categorized the Entities into:

Regulated Sector (namely Telecommunication services; Power generation, Transmission, Distribution and Supply; Petroleum products; Drugs and Pharmaceuticals; Fertilisers; Sugar and Industrial alcohol) and

Unregulated Sectors ( i.e steel, minerals oil, electrical, education services, health services, textiles, milk powder, medical devices etc. businesses);

Applicability of Cost Audit : Applicable for entities under as follows :

Regulated sectors having overall annual turnover of Rs. 50 crores or more and the aggregate turnover of the individual products or services of Rs. 25 crore

Unregulated Sector having annual turnover of Rs. 100 crores or more and the aggregate turnover of the individual products or services of Rs. 35 crore or more.

The applicability for their Cost Records Audit is for financial years commencing from 1st April 2015.

Exemptions are provided to Companies whose revenue from exports, in foreign exchange, exceeds 75% of total revenue and Companies operating from Special Economic Zones.

4. Whether huf/its karta can be a partner/ designated partner ( dp) in an llp

The Ministry of Corporate Affairs has vide notification dated 15th January 2016 clarified that a HUF or its Karta cannot be a designated Partner in an LLP since the Section 5 of LLP Act, 2008 mentions that only an individual or a body corporate can be a partner in a LLP. HUF not being a body corporate, neither the HUF nor through its Karta can it be a Partner.

5. Frequently asked questions (faqs) with regard to corporate social responsibility under section 135 of the Companies Act, 2013

The Ministry of Corporate Affairs has vide Notification dated 12th January 2016 issued an FA Q on Corporate Social responsibility.

Direct Taxes

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88 Clarifications on Income Declaration Scheme 2016 –

Circular no. 24/2016 dated 27.6.16, Circular no. 25/2016 dated 30.6.16 and Circular no 27 dated 14 July 2016

89 Procedure for determination of fair market value of assets in prescribed cases as per Section 9(1) of the Act – Income tax (19th Amendment) Rules 2016 –

Notification no 55 dated 28.6.16

CBDT has notified detailed methods under different scenarios for determining the fair market value of the assets and income attributable to assets situated in India in case of indirect transfers referred to in Section 9(1) of the Act. The rate at which foreign currency needs to be converted, various definitions, information and documentation to be maintained as well as submitted under Section 285A of the Act and two new forms Form No. 3CT being the report to be given by the Accountant for income attributable to assets located in India and Form 49D – being information and documentation under Section 285A have been prescribed.

90 CBDT has issued a Press Release dated 6 July 2016 stating the applicability of Income Computation and Disclosure Standards from 1 April 2016.i.e. AY 2017-18 onwards.

The Ministry of Finance has issued an order dated 6 July 2016(reproduced hereunder)

S. O. 2322(E).— In exercise of the powers conferred by sub-section (2) of section 138 of the Income-tax Act, 1961 (43 of 1961), the Central Government having regard to all the relevant factors, hereby directs that no public servant shall produce before any person or authority any such document or record or any information or computerised data or part thereof as comes into his possession during the discharge of official duties in respect of a valid declaration made under ‘the Income Declaration Scheme, 2016’, contained in Chapter IX of the Finance Act, 2016 (28 of 2016.

91 [Notification No. 56/2016, F. No. 142/8/2016-TPL]

92 Scrutiny notices under Section 143(2) modified to have separate formats for Limited Scrutiny Complete Scrutiny and Manual Scrutiny – CBDT Directive dated 11 July 2016

93 CBDT Instruction for compulsory manual selection of cases for scrutiny during FY 2016- 2017 – Instruction No. 4/2016 dated 13th July 2016 (full text available on www.bcasonline.org)

94 CBDT Instructions for converting limited scrutiny to complete scrutiny case – Instruction No. 5/2016 dated 14th July 2016 (full text available on www. bcasonline.org)

95 Press Release amending the payment schedule of taxes under Income Declaration Scheme 2016 dated 14 July 2016

CBDT has revised the schedule for payment of taxes, interest and penalty as under:

(i) a minimum amount of 25% of the tax, surcharge and penalty to be paid by 30.11.2016; (ii) a further amount of 25% of the tax, surcharge and penalty to be paid by 31.3.2017; and (iii) the balance amount to be paid on or before 30.9.2017.

Part C Iinformation On & Around

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Cabinet decisions come under RTI Act , sa ys Kerala CIC

In a significant development that may make government business more transparent, the Kerala Information Commission has ordered that all decisions by the state government, once finalized in the cabinet, come under the ambit of the RTI Act.The Commission also suggested that the government publish the cabinet decisions on its official website.“The details of all cabinet decisions should be given once the procedures regarding those decisions are completed. It also should be considered seriously to upload the cabinet decisions on the government website,” the Commission observed.

Gujarat High Court Stays CIC Order On PM Modi’s Degree

The Gujarat High Court issued a stay on an order of the Central Information Commission (CIC) asking the Gujarat University to provide details of the MA degree of Prime Minister Narendra Modi to Delhi Chief Minister Arvind Kejriwal, who had alleged that it was fake. A division bench of Chief Justice R Subhash Reddy and Justice VM Pancholi also issued notices to Central Information Commissioner M Sridhar Acharyulu and Kejriwal. The university had earlier approached a single bench of Justice SH Vora on June 20 seeking a stay on the CIC order, but it later approached the division bench after it failed to get relief from the court. In its application, the Gujarat University has stated that it “is not a party to any of the proceeding before the Information Commission. Hence, the order of the CIC is adverse to the interest of the University”.

Former CIC writes to Rajasthan CM on removal of Chapter on RTI from school books
The chapter was removed during a restructuring of school syllabus in the State. Former Chief Information Commissioner Wajahat Habibullah has written to the Chief Minister Vasundhara Raje expressing displeasure at the removal of a chapter on the Right to Information (RTI ) Act from school text books in Rajasthan.The chapter on the law that was passed in 2005 to improve transparency in government was removed as part of the Rajasthan government’s revised school syllabus for the year 2016. The syllabus has also removed a page highlighting the Right to Information (RTI ) Act. According to reports, a prominent section on page 105, which was part of chapter 12 of the previous Social Science textbook for Class VIII in State schools, has now been removed in the “restructured” book.

Right to Information: A new journey begins
On June 24, 2016, Parliament of Sri Lanka unanimously adopted the Right to Information (RTI ) law.This marks the culmination of over two decades of advocacy by civil society groups and journalists. It also fulfills a key promise of the yahapalana government.Passing the law was no easy task, as it went through a year of drafting, judicial review by the Supreme Court, and considerable political scrutiny. The government and other political parties in Parliament – who rarely agree on anything – came together to pass the law without a vote.

From The President

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Dear Members,

It was a beautiful Sunday morning with some light drizzle, while enjoying masala chai I was trying to catch up with the news. Alas! My enjoyment disappeared with the immensely distressing news…Eighteen Indian soldiers were martyred by Pakistani infiltrators using grenades and AK 47 rifles. Uri, the picturesque garrison town at the border had plumes of smoke emanating from the site where our Indian soldiers sleeping in tents were killed. The four militants were promptly neutralized in a shoot-out with the Indian army, but the dreams and happiness of eighteen families were irrevocably shattered.

Over the past few decades, Pakistan has been ravaged by its stupidity and short-sightedness. It allowed religious fundamentalism to proliferate unfettered and today it is repeatedly bitten by the monster it nurtured. Its economy is in a downturn; exports are negligible and remittances are contracting drastically. Hardliner Army Chief calls the shots while Prime Minister has been effectively reduced to a puppet. In an attempt to distract its suffering and disgruntled population, it is desperately raking up the Kashmir issue.

Pakistan appears to be spoiling for a fight; from Kargil to Pathankot Air Station and now the army camp in Uri. India has always exercised restraint, but now India has gone on the offensive! Moving quietly but decisively it responded with a campaign of prudent and well-timed initiatives.

First off the block was a stinging rejoinder to Nawaz Sharif’s vitriolic speech at the UN. First Secretary Eenam Gambir minced no words no words as she dubbed Pakistan as the epicenter of terrorism, adding that the effects of its toxic curriculum (imbibed in its extremist madrassas) is felt across the world. She boldly accused Pakistan of channelizing billions of dollars of international aid to training and financing terrorist groups.

International condemnation of the Uri terror attack put Pakistan in a spot. With Nawaz Sharif’s plan in shambles, India pulled out yet another ace as it brought the Indus Water Treaty up for review, with Prime Minister Modi saying “blood and water can’t flow together”. It followed this diversion with External Affairs Minister Sushma Swaraj lambasting Pakistan at the UN for nurturing and harbouring terrorists responsible for attacks worldwide. She bluntly underlined the fact that “Jammu and Kashmir is an integral part of India and will always remain so.”

With Pakistan clearly on a back foot, it was time for a master stroke. On a moonless night, two hundred Indian para commandos crossed the Line of Control and destroyed seven terror launch pads. The surgical strikes are believed to have killed at least fifty terrorists and more importantly sent an unequivocal message to Pakistan…that India will not remain complacent any more.

Having gained traction in the diplomatic arena, India needs to be more proactive than reactive. India must continue a concerted and sustained diplomatic campaign to isolate Pakistan. The US, EU and Middle East countries need to be consistently addressed to severely limit aid and trade support to Pakistan in order to force it to give up cross border terrorism.

 “A day will come when people of Pakistan will go against its own government to fight terrorism,”

PM Modi.

Bright Spot? – Modi vs Moody
The silver lining through all the dastardly acts discussed earlier and international economic turbulence is that India’s economy is growing at over 7%. The Prime Minister, Shri Narendra Modi, speaking at a global summit took pains to reiterate the many achievements of his government. He showcased, increase in FDI, reining inflation, lowest balance of payment deficit and fiscal discipline as achievements, so far, of the Government. Another strong factor of fiscal discipline to be considered is the Debt/GDP (%). India had Debt/GDP in C.Y.2015 of 140 as against the Global Average of 235. This would be more glaringly appreciative when considered against this ratio of some of the Developed Markets(DMs). US – 251, Euro Area – 291, Japan – 481 and UK – 279. This is despite having a growth momentum of more than 7% in GDP.

Jan Dhan Yojana, one of the key initiatives of the government has been hailed as the world’s largest and most successful financial inclusion plan. Two hundred million people have been introduced to the advantages of banking and their accounts today have a balance exceeding a phenomenal $4 billion! It’s relatively new Startup India, Stand-Up India and MUDRA programs are a step in the right direction as they are designed to empower youth, women, SC/ST and OBCs.

In the sphere of good governance, the government has already identified 1,877 old and unnecessary laws. 125 of these have already been repealed, while 758 are in an advanced process of being pulled out of the system. The government’s focus on good governance is highly visible in the passing of the Goods and Services Tax too. Cleared in both houses in the first week of August, the government is now working overtime to ensure its smooth rollout on 1st April 2017.

All these concerted efforts of the government seem to be bearing fruit. Some big global financial institutions have applauded India’s growth rates; and the string of reforms that have been implemented and are already transforming lives.

To take one example, Morgan Stanley Research, in its latest Global Macro Briefing, while dealing with India in Country Highlights has stated that the growth recovery is becoming more broad based, driven by public capex, FDI and consumption. Improved macro-stability conditions should minimize the impact from external uncertainties.

These global financial institutions believe India is “on the cusp of a major growth phase” and “looks to be firing at last”. With the global growth rates inching along, India’s enormous market potential appears to be an oasis for international investors.

The makeover of India is happening due to tone at the Top – Mr. Narendra Modi’s approach of working like a Rock Star for the progress of India. He has been walking on the stage for momentous days of India and playing his heart out. He is delivering the performance of his life. He has instilled a sense of confidence and urgency in his team and also in each and every Indian to deliver the best.

Here I would like to quote Henry David Thoureau, an American Poet –  “I know of no more encouraging fact than the unquestiobale ability of a human being to elevate their life by conscious endeavor.”

However, not all share this gung-ho sentiment. International credit rating giant Moody’s has not been swayed by all the hype and gloss of a media-savvy government. India continues to languish with a ‘Baa3’ rating – the lowest grade of investment rating. India’s pitch for an upgrade has been firmly dashed by a plethora of serious issues; which range from spiraling debt, stagnant revenue, massive NPAs in public sector banks, the slow pace of policy reforms, corruption in some sectors, geopolitical risks and the reluctance of private sector investments.

So is the Indian growth story, economy and prospects all hunky dory? You have heard it from the well informed, Shri “Modi” and got a nutshell analysis from “Moody’s”, the no-nonsense global credit rating agency and now it’s time for you to give India your very own rating!

“In economics there are no miracles, there are only consequences-ruthless and inescapable consequences. Inflation is the invisible tax which has never been passed by Parliament”.

 Nani Palkhivala

After the busy ‘extended’ tax season, this Diwali let us take an opportunity to take a break from the routine of multi-tasking and rushing from one deadline to another and instead spend quality time with our loved ones. Let us embrace these celebrations with open hearts and relearn how to enjoy life.

Wishing you all a happy and joyous Deepavali!

With warm regards,

Chetan Shah

From Published Accounts

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Section B:
Illustration of qualified Limited Review Report on Consolidated Financial Results

Ed ucomp Solutions Ltd . (quarter ended 31st December 2015)

From Notes to Consolidated Unaudited Financial Results (extracts)

2. The auditors have qualified their limited review report on the consolidated unaudited financial results of the Company for the quarter ended December 31, 2015, quarter ended September 30, 2015, quarter ended June 30, 2015 and audit report for the year ended March 31, 2015 and limited review report for the quarter ended December 31, 2014 was also qualified in respect of the following matter:

As per the terms of Master Restructuring Agreement and approved Corporate Debt Restructuring Scheme (CDR) of Educomp Infrastructure and School Management Limited (EISML), a subsidiary company, there are certain assets amounting Rs. 32,075.33 lakh (at cost) which have been identified for sale in a time bound manner. The lead bank carried out a valuation of these assets which are indicative in nature. Market valuations have not been carried out by EISML and its step down subsidiaries, as some of these assets are not ready for sale due to pending regulatory approvals/ permissions.

Based on recent firm offers and valuation reports, the Management believes that the market value of these investments is higher than as considered under the indicative valuation reports and differences, if any, are temporary only. Therefore, no adjustment is required to the carrying value of these assets.

3. The auditors have drawn attention in their limited review report on the consolidated unaudited financial results of the Company for the quarter ended December 31, 2015 in respect of the following matters:

a) Due to inadequacy of the profits, managerial remuneration paid/provided, by the Company to one of its whole time director during the quarter ended June 30, 2015 and year ended March 31, 2015 and by one of its subsidiary, Educomp Infrastructure and School Management Limited (EISML) to its wholetime director during the year ended March 31, 2015, is in excess of limits prescribed u/s 197 and section 198 read with Schedule V to the Companies Act, 2013.

Further, due to inadequacy of the profits in the previous financial year, managerial remuneration paid/provided, by the Company to one of its whole time director and by one of its subsidiary EISML to its whole-time director/Managing Directors during financial year ended March 31, 2014, was in excess of limits prescribed under Section 198, Section 269, Section 309 read with Schedule XIII of the Companies Act, 1956.

EISML has submitted an application to the Central Government for waiver/approval of managerial remuneration pertaining to year ended March 31, 2014 and March 31, 2015.

The management of the Company is in the process of making necessary applications to the Central Government to obtain its approval for the waiver/ approval of the remuneration so paid/recorded in year ended March 31, 2014, March 31, 2015 and quarter ended June 30, 2015 in due course.

b) Due to longer than expected gestation period of schools, recoverability of trade receivables amounting Rs.21,255 lakh from Trusts to the subsidiary Company EISML has been slow. The Management of EISML, is regularly monitoring the growth in schools and their future projections, based on which, the Management believes that the trade receivables from the Trusts are fully recoverable.

c) The Group has assessed the business projections of six companies in the Group, namely, Educomp Infrastructure and School Management Limited, Educomp Online Supplemental Service Limited, Educomp Child Care Private Limited, Educomp Professional Education Limited, Vidya Mandir Classes Limited, Educomp Intelliprop Ventures Pte Ltd. (Formerly known as Educomp Intelprop Ventures Pte Ltd.) and its associate Greycells18 Media Limited., for evaluating the recoverability of Group’s share of net assets and has concluded that their businesses are sustainable on a going concern basis. The Company has evaluated the recoverability of its share of net assets held through these Companies, using business valuations performed by independent experts, according to which the decline in the carrying value of net assets is considered to be temporary. The said evaluation is based on the long term business plans of its subsidiaries/associate as on March 31, 2015 and concluded that no adjustments to the carrying value of its share in net assets is required to be recorded in the consolidated unaudited financial results of the Company for the quarter ended December 31, 2015.

d) During earlier years, EISML, a subsidiary of the Company had given capital advances amounting to Rs. 25,329 lakh to various parties for acquisition of fixed assets. The Management of EISML as part of its regular recoverability evaluation process had identified certain portions of capital advances which were doubtful of recovery or did not have recoverable value equivalent to the book value. Accordingly, on a prudent basis, till March 31, 2015 the Management had recorded a total provision of Rs. 20,175.48 lakh in the books of accounts towards such capital advances or portions thereof, which were doubtful of recovery.

The Management is continuously monitoring the settlement of these balances and is regularly following up with respective parties for recovery of the said capital advances. The Management believes that other capital advances, which have not been provided for, although have been long outstanding but are fully recoverable and hence, existing provision recorded in books is sufficient to cover any possible future losses on account of non recovery of such capital advances.

e) The Group’s management has reviewed business plan of its joint venture, Educomp Raffles Higher Education Limited which had advanced loans amounting to Rs. 5,147 lakh to Jai Radha Raman Education Society (Society) and its subsidiary Millennium Infra Developers Limited which had trade receivables of Rs. 6,021 lakh from the same Society under contractual obligations. The Group’s management has also considered the business plan of the Society and estimated market value of its net assets, based on which no adjustment is required in carrying value of its share of net assets in such joint venture. The Group’s holding in the joint venture is 41.82%. The consolidated financial results of Educomp Raffles Higher Education Limited are not available with the Company, hence there is no update available on the above status.

f) The Group had evaluated the recoverability of intangible assets in form of Brand ‘Universal’ in one of its step down subsidiary, by using valuations performed by an independent valuation expert. The said evaluation was based on long term business plans and underlying assumptions used for the purpose of valuation, which in view of the Management were realistic and achievable by the subsidiary. Based on revised business plans which entailed scaling down the operation of ‘Universal’ brand of schools, the management had recorded an impairment of Rs. 4,527 lakh to this asset in the year ended March 31, 2015.

g) Pursuant to implementation of approved CDR scheme, certain lenders have disbursed fresh corporate loans to the Company and corresponding trade receivables were bought from Edu Smart Services Private Limited (ESSPL) together with future business relating to these customers. Due to this restructuring, the remaining receivables in ESSPL may not yield adequate surplus to discharge its liability towards the Company for trade receivables and redemption of Redeemable non-convertible preference shares. However, the approved CDR scheme has mandated merger of ESSPL with the Company and accordingly, the Company has initiated the process and has taken the approval of the Board of Directors in the board meeting held on 13th January 2015. The impact for the amalgamation shall be given/recorded in the books of accounts upon obtaining approvals and implementation of the Scheme.

h) The Company has incurred substantial losses and its net worth has been significantly eroded. Based on Company’s projected cash flows, it shall have sufficient funds to run its operations in foreseeable future. As regards availability of requisite funds to meet its debt related obligations including those falling due in the year 2015-16 as per its CDR package executed with Company’s lenders, the Company intends to monetize its identified investments, receivables and assets to meet the necessary obligations. The Company is also taking several measures to improve operational efficiencies and other avenues of raising funds.

The management is confident that with the above measures and continuous efforts to improve the business, it would be able to generate sustainable cash flow, discharge its short-term and long term liabilities and recover & recoup the erosion in its net worth through profitable operations and continue as a going concern. Accordingly, these consolidated unaudited financial results have been prepared on a going concern basis and do not include any adjustments relating to the recoverability and classification of recorded assets, or to amounts and classification of liabilities that may be necessary if the entity is unable to continue as a going concern.

i) The Company’s subsidiary, Educomp Infrastructure & School Management Limited has incurred losses and the subsidiary debt related obligation in the form of Funded Interest Term Loan has been converted into 0.1% Cumulative Compulsory Convertible Preference Shares during the earlier quarters. Based on subsidiary company’s projected cash flows, it shall have sufficient funds to run its operations in foreseeable future. As regards availability of requisite funds to meet its debt related obligations including those falling due in the year 2015-16 as per the CDR package executed with subsidiary’s lenders, the subsidiary intends to monetise its assets identified for sale to meet the necessary obligations. The subsidiary is also taking several measures to improve operational efficiencies and other avenues of raising funds.

The management is confident that with the above measures and continuous efforts to improve the business, it would be able to generate sustainable cash flow to discharge its short-term and long term liabilities and recover and recoup the erosion in its net worth through profitable operations and continue as a going concern. Accordingly, these consolidated unaudited financial results have been prepared on a going concern basis and do not include any adjustments relating to the recoverability and classification of recorded assets, or to amounts and classification of liabilities that may be necessary if the entity is unable to continue as a going concern.

j) The Company’s step down subsidiary, Knowledge Vistas Limited has taken land from Lavasa Corporation Limited on lease vide lease agreement dated June 30, 2009 for a period of 999 years to construct an international residential school. Further, this subsidiary has entered into a sublease agreement with Gyan Kunj Educational Trust (GKET) to sub lease the school building. As per the sub lease agreement, GKET shall be liable to pay lease rental to the subsidiary from the year in which it has cash surplus. GKET has started its operations in the Academic Session 2011-12 but due to certain environmental matters, GKET decided to suspend its operations and is waiting for favourable business opportunities.

On the basis of the valuation reports from an independent valuer, the carrying cost of the said subsidiary’s assets is not less than its net realisable value. Hence, the management doesn’t anticipate any asset impairment. These consolidated unaudited financial results have been prepared on a going concern basis and do not include any adjustments relating to the recoverability and classification of recorded assets, or to amounts and classification of liabilities that may be necessary if the entity is unable to continue as a going concern.

6. The Group is in the process of determining and identifying significant components of fixed assets as prescribed under Schedule II to the Companies Act 2013 and the resultant impact, if any, will be considered in due course during the financial year 2015-16.

From Auditors’ Limited Review Report (extracts)
4. As per the terms of Master Restructuring Agreement (MRA) dated December 28, 2013 entered into pursuant to approved Corporate Debt Restructuring Scheme to restructure debt of Educomp Infrastructure and School Management Limited (EISML), a subsidiary of the Company, certain tangible fixed assets of EISML and EISML’s subsidiaries have been Identified for sale in a time bound manner. As per the valuation of such tangible fixed assets as evaluated and disclosed in the approved Corporate Debt Restructuring Package, some of these assets are expected to have lower realizable value than their carrying values. Such tangible fixed assets having total carrying value of Rs. 32,075.33 lakh as at December 31, 2015 (as at December 31, 2014 Rs. 32,196.76 lakh) are included in the tangible fixed assets.

The Management has not carried out any evaluation of impairment of these assets at the close of the quarter and no provision for impairment has been recorded, as required by Accounting Standard 28 ‘Impairment of Assets’.

As we are unable to obtain sufficient appropriate audit evidence about the extent of recoverability of carrying value of these assets, we are unable to determine whether any adjustments to these amounts are necessary.

Our audit opinion on the consolidated financial statements for the year ended March 31, 2015 and our limited review reports for the quarters ended September 30, 2015 and December 31, 2014 were also qualified in respect of the aforesaid matter.

5. Based on our review conducted as above, and on consideration of the reports of the other auditors and subject to the possible effects of the matter described in paragraph 4 above, nothing has come to our attention that causes us to believe that the accompanying Statement, prepared in accordance with applicable accounting standards as specified u/s. 133 of the Companies Act, 2013 read with Rule 7 of the Companies (Account) Rules, 2014 and other recognised accounting practices and policies has not disclosed the information required to be disclosed in terms of Regulation 63 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 including the manner in which it is to be disclosed, or that it contains any material misstatement.

6. We draw attention to the following matters in the notes to the Statement:

a) Note 3(a) regarding managerial remuneration paid/ payable to one of the whole time director of the Holding Company for the quarter ended June 30, 2015, year ended March 31, 2015 and year ended March 31, 2014 and whole time director of one of its subsidiary Company, Educomp Infrastructure and School Management Limited during the year ended March 31, 2015 and the year ended March 31, 2014, in non-compliance with the requirements of section 197 and section 198 read with schedule V to the Companies Act, 2013 and section 198, section 269 and section 309 read with Schedule XIII to the Companies Act, 1956 respectively, for which the Central Government’s approval has not been obtained.

b) Note 3(b) wherein a subsidiary company, Educomp Infrastructure and School Management Limited has considered its long outstanding Trade Receivables due from certain Trusts which are due for more than one year, as good and fully recoverable.

c) Note 3(c) with respect to Management’s assessment of recoverability of Group’s share of net assets as regards investment in six companies of the Group, namely, Educomp Infrastructure and School Management Limited, Educomp Online Supplemental Service Limited, Educomp Child Care Private Limited, Educomp Professional Education Limited, Vidya Mandir Classes Limited, Educomp Intelliprop Ventures Pte. Ltd.(formerly known as Educomp Intelprop Ventures Pte. Ltd.) and its associate, Greycells18 Media Limited.

d) Note 3(d) which explains Management’s view on recoverability of certain significant amount of capital advances given by the Group and which have been outstanding for a long period of time.

e) Note 3(e) which explains Management’s view on recoverability of certain loans advanced to Jai Radha Raman Education Society (the society) by Educomp Raffles Higher Education Limited, a joint venture (JV), and trade receivables due to JV’s subsidiary Millennium Infra Developers Limited from the society under contractual obligations.

f) Note 3(f) with respect to Management’s assessment, based on valuation performed by an independent expert, of recoverability of intangible assets in the form of brand ‘Universal’ in one of its step down subsidiary named, Educomp APAC Services Limited. The recoverability of the intangible assets is significantly dependent on the step down subsidiary’s ability to achieve long term futuristic growth plan envisaged in the related assumptions used for the purpose of valuation.

g) Note 3(g) wherein the Holding Company has not considered impairment/diminution of trade receivables from/investment in Edu Smart Services Private Limited (ESSPL) in the intervening period, in view of proposed merger of ESSPL with the Holding Company.

h) Note 3(h) in respect of the Holding Company, in the opinion of the management, despite incurring net losses, including during the quarter ended December 31, 2015 and erosion of net worth as at December 31, 2015, the unaudited consolidated financial results have been prepared on a going concern basis in view of matters more fully explained in the said note.

i) Note 3(i) in respect of one of the Holding Company’s subsidiary, Educomp Infrastructure & School Management Limited, in the opinion of the management, despite incurring losses, including during the quarter ended December 31, 2015 and erosion of net worth as at December 31, 2015, the unaudited consolidated financial results have been prepared on a going concern basis in view of matters more fully explained in the said note.

j) Note 3(j) in respect of one of Holding Company’s step down subsidiary, Knowledge Vistas Limited, which indicates that the company has suspended its operation and is waiting for favourable business opportunities. Despite existence of these conditions, along with other matters more fully explained in the said note, the unaudited consolidated financial results have been prepared on going concern basis.

Our report is not modified in respect of these matters

From Published Accounts

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Section A :
Reporting on Internal Financial Controls as per section 143(3)(i) of the Companies Act, 2013

Compilers’ Note
Reporting u/s. 143(3)(i) by an auditor is mandatory from FY 2015-16 onwards. The said clause requires the auditors to comment, “whether the company has adequate internal financial controls system in place and the operating effectiveness of such controls”. ICAI has, in September 2015, issued a Guidance Note on Audit of Internal Financial Controls over Financial Reporting wherein the role of the auditor, procedures to be followed and manner of reporting are discussed in detail. Given below are some illustrations of such reporting for the year ended 31st March 2016.

G.M.Breweries Ltd .
In our opinion, the company has, in all material respects, an adequate internal financial controls, system over financial reporting and such internal financial control over financial reporting were operating effectively as at March 31, 2016, based on the internal control over financial reporting criteria established by the company.

Kitex Garments Ltd .
On the basis of the information and explanation of the Company provided to us, the internal financial control framework, the report of the internal auditors and in our opinion, the Company has adequate internal financial controls systems in place and the operating effectiveness of such controls.

Bajaj Corp Ltd .
With respect to the adequacy of the internal financial controls over financial reporting of the company and the operating effectiveness of such controls, refer to our separate report in Annexure B.

Annexure B
Annexure to the independent auditor’s report of even date on the Standalone financial statements of Bajaj Corp Limited Report on the Internal Financial Controls under Clause (i) of sub-section 3 of section 143 of the Companies Act, 2013 (“the Act”) We have audited the internal financial controls over financial reporting of Bajaj Corp Limited (“the Company”) as of March 31, 2016 in conjunction with our audit of the standalone financial statements of the Company for the year ended on that date.

Management’s Responsibility for Internal Financial Controls
The Company’s management is responsible for establishing and maintaining internal financial controls based on the internal control over financial reporting criteria established by the Company considering the essential components of internal control stated in the Guidance Note on Audit of Internal Financial Controls over Financial Reporting issued by the Institute of Chartered Accountants of India. These responsibilities include the design, implementation and maintenance of adequate internal financial controls that were operating effectively for ensuring the orderly and efficient conduct of its business, including adherence to company’s policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation of reliable financial information, as required under the Act.

Auditor’s Responsibility
Our responsibility is to express an opinion on the Company’s internal financial controls over financial reporting based on our audit. We conducted our audit in accordance with the Guidance Note on Audit of Internal Financial Controls Over Financial Reporting (the “Guidance Note”) and the Standards on Auditing, issued by ICAI and deemed to be prescribed u/s. 143(10) of the Act, to the extent applicable to an audit of internal financial controls, both applicable to an audit of Internal Financial Controls and, both issued by the Institute of Chartered Accountants of India. Those Standards and the Guidance Note require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether adequate internal financial controls over financial reporting was established and maintained and if such controls operated effectively in all material respects.

Our audit involves performing procedures to obtain audit evidence about the adequacy of the internal financial controls system over financial reporting and their operating effectiveness. Our audit of internal financial controls over financial reporting included obtaining an understanding of internal financial controls over financial reporting, assessing the risk that a material weakness exists, and testing and evaluating the design and operating effectiveness of internal control based on the assessed risk. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion on the Company’s internal financial controls system over financial reporting.

Meaning of Internal Financial Controls over Financial Reporting
A company’s internal financial control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company’s internal financial control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorisations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorised acquisition, use, or disposition of the company’s assets that could have a material effect on the financial statements.

Inherent Limitations of Internal Financial Controls over Financial Reporting
Because of the inherent limitations of internal financial controls over financial reporting, including the possibility of collusion or improper management override of controls, material misstatements due to error or fraud may occur and not be detected. Also, projections of any evaluation of the internal financial controls over financial reporting to future periods are subject to the risk that the internal financial control over financial reporting may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.

Opinion
In our opinion, the Company has, in all material respects, an adequate internal financial controls system over financial reporting and such internal financial controls over financial reporting were operating effectively as at March 31, 2016, based on the internal control over financial reporting criteria established by the Company considering the essential components of internal control stated in the Guidance Note on Audit of Internal Financial Controls over Financial Reporting issued by the Institute of Chartered Accountants of India.

Stewards & Lloyds of India Ltd
With respect to the adequacy of the internal financial controls over financial reporting of the company and the operating effectiveness of such controls, refer to our separate report in Annexure I.

Annexure I
We have audited the internal financial controls over financial reporting of Bajaj Corp Limited (“the Company”) as of March 31, 2016 in conjunction with our audit of the standalone financial statements of the Company for the year ended on that date.

Management’s Responsibility for Internal Financial Controls
Not reproduced since same as above

Auditor’s Responsibility
Not reproduced since same as above

Meaning of Internal Financial Controls over Financial Reporting
Not reproduced since same as above

Inherent Limitations of Internal Financial Controls over Financial Reporting
Not reproduced since same as above

Qualified Opinion
According to the information and explanations given to us and on our audit, the following material weaknesses have been identified as at 31st March 2016.

a) The company did not have an appropriate internal control system for review of its performance pertaining to execution of contracts resulting in customer dissatisfaction and dispute leading to recognition of revenue without establishing reasonable certainty of ultimate collection in earlier years from sundry debtors affecting cash flows adversely.

b) The internal auditor of the company has also pointed out in their report material weakness in internal financial controls stating that the company is not having any ERP system to manage the different operational activities. Due to its present condition, it is also functioning with some minimum staff strength. Accordingly, many of the operations which would have been taken care by a computer system and controls are being managed manually. Hence there is some limitation in control system and processes which have been mentioned in a separate annexure.

A material weakness is a deficiency or a combination of deficiencies in internal financial control over financial reporting such that there is reasonable possibility that a material misstatement of the Companies’ annual or interim financial statements will not be prevented or detected on timely basis.

In our opinion, except for the possible effects of the material weaknesses described above on the achievement of the objectives of the control criteria, the company has maintained in all material respects adequate internal financial controls over financial reporting and such internal financial controls over financial reporting were operating effectively as of 31st March 2016 based on the internal financial controls over financial reporting criteria established by the company considering the essential components of internal financial controls stated in the Guidance Note on audit of internal financial controls over financial reporting issued by the Institute of Chartered Accountants of India.

We have considered material weaknesses as identified and reported above in determining the nature, timing and extent of audit test applied in our audit of March 31, 2016 financial statements of the company and these material weaknesses do not affect our opinion on the financial statements of the company.

Section B:
Reporting on Companies (Auditors’ Report) Order, 2016

Compilers’ Note
The Ministry of Company Affairs has vide notification dated 29th March 2016 notified u/s. 143(11) of the Companies Act, 2013 issued the Companies (Auditors’ Report) Order (CARO, 2016). As per the said order, every report made by the auditor u/s. 143 of the Companies Act, 2013 on the accounts of every company audited by him, to which this Order applies, for the financial years commencing on or after 1st April, 2015, shall in addition, report on matters specified in paragraphs 3 and 4 of the order. Given below is an illustration of reporting as per CARO, 2016 for the year ended 31st March 2016. ICAI has also issued in April 2016 Guidance Note on CARO, 2016 which needs to be adhered to while reporting on the clauses.

Infosys Ltd (report issued before release of ICAI GN)

As required by the Companies (Auditor’s Report) Order, 2016 (“the Order”) issued by the Central Government of India in terms of sub-section (11) of section 143 of the Act, we give in the Annexure A, a statement on the matters specified in the paragraph 3 and 4 of the order.

Annexure – A to the Auditors’ Report
The Annexure referred to in Independent Auditors’ Report to the members of the Company on the standalone financial statements for the year ended 31st March 2016, we report that:

i) (a) The Company has maintained proper records showing full particulars, including quantitative details and situation of fixed assets

(b) The Company has a regular programme of physical verification of its fixed assets by which fixed assets are verified in a phased manner over a period of three years. In accordance with this programme, certain fixed assets were verified during the year and no material discrepancies were noticed on such verification. In our opinion, this periodicity of physical verification is reasonable having regard to the size of the Company and the nature of its assets.

(c) According to the information and explanations given to us and on the basis of our examination of the records of the Company, the title deeds of immovable properties are held in the name of the Company.

ii) The Company is a service company, primarily rendering software services. Accordingly, it does not hold any physical inventories. Thus, paragraph 3(ii) of the Order is not applicable to the Company.

iii) The Company has granted loans to five bodies corporate covered in the register maintained u/s. 189 of the Companies Act, 2013 (‘the Act’).

(a) In our opinion, the rate of interest and other terms and conditions on which the loans had been granted to the bodies corporate listed in the register maintained u/s. 189 of the Act were not, prima facie, prejudicial to the interest of the Company

(b) In the case of the loans granted to the bodies corporate listed in the register maintained u/s. 189 of the Act, the borrowers have been regular in the payment of the principal and interest as stipulated.

(c) There are no overdue amounts in respect of the loan granted to a body corporate listed in the register maintained u/s. 189 of the Act.

iv) In our opinion and according to the information and explanations given to us, the Company has complied with the provisions of section 185 and 186 of the Act, with respect to the loans and investments made.

v) The Company has not accepted any deposits from the public.

vi) The Central Government has not prescribed the maintenance of cost records u/s. 148(1) of the Act, for any of the services rendered by the Company.

vii) (a) According to the information and explanations given to us and on the basis of our examination of the records of the Company, amounts deducted/ accrued in the books of account in respect of undisputed statutory dues including provident fund, income-tax, sales tax, value added tax, duty of customs, service tax, cess and other material statutory dues have been regularly deposited during the year by the Company with the appropriate authorities. As explained to us, the Company did not have any dues on account of employees’ state insurance and duty of excise. According to the information and explanations given to us, no undisputed amounts payable in respect of provident fund, income tax, sales tax, value added tax, duty of customs, service tax, cess and other material statutory dues were in arrears as at 31st March 2016 for a period of more than six months from the date they became payable.

(b) According to the information and explanations given to us, there are no material dues of duty of customs which have not been deposited with the appropriate authorities on account of any dispute. However, according to information and explanations given to us, the following dues of income tax, sales tax, duty of excise, service tax and value added tax have not been deposited by the Company on account of disputes: (table not reproduced)

viii) The Company does not have any loans or borrowings from any financial institution, banks, government or debenture holders during the year. Accordingly, paragraph 3(viii) of the Order is not applicable.

ix) The Company did not raise any money by way of initial public offer or further public offer (including debt instruments) and term loans during the year. Accordingly, paragraph 3 (ix) of the Order is not applicable.

x) According to the information and explanations given to us, no material fraud by the Company or on the Company by its officers or employees has been noticed or reported during the course of our audit.

xi) According to the information and explanations give to us and based on our examination of the records of the Company, the Company has paid/provided for managerial remuneration in accordance with the requisite approvals mandated by the provisions of section 197 read with Schedule V to the Act.

xii) In our opinion and according to the information and explanations given to us, the Company is not a nidhi company. Accordingly, paragraph 3(xii) of the Order is not applicable.

xiii) According to the information and explanations given to us and based on our examination of the records of the Company, transactions with the related parties are in compliance with sections 177 and 188 of the Act where applicable and details of such transactions have been disclosed in the financial statements as required by the applicable accounting standards.

xiv) According to the information and explanations given to us and based on our examination of the records of the Company, the Company has not made any preferential allotment or private placement of shares or fully or partly convertible debentures during the year.

xv) According to the information and explanations given to us and based on our examination of the records of the Company, the Company has not entered into non-cash transactions with directors or persons connected with him. Accordingly, paragraph 3(xv) of the Order is not applicable.

xvi) The Company is not required to be registered u/s. 45- IA of the Reserve Bank of India Act 1934.

Part B RTI Act, 2005

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If you thought that RTI queries are only about serious issues, the Prime Minister’s Office (PMO) just proved you wrong. And how!

The PMO website released a list of queries about Prime Minister Narendra Modi that were raised by people under the Right to Information (RTI ) Act.

Here are some of the excerpts from the list of queries released by the PMO website:

Request: What is the speed of internet of Wi-Fi in the PMO?

Information: The speed of internet access in PMO is 34 mbps.

Request: How many and which type of cylinder had been used in kitchen in month of October, 2014. Provide Xerox copies of bills of cylinders and how many and which type of cylinder had been used in month of May, 2015. Please provide the copies of bills of cylinders in respective months.

Information: It is stated that the kitchen expenses of the Prime Minister is personal in nature and not incurred on government account.

Request: Has the Principal Secretary to PM, Shri Nripendra Misra, ever taken his subordinates, in the Prime Minister’s office, on a picnic?

Information: No picnic/excursion was organized by PMO/Principal Secretary to PM Shri Nripendra Misra. Hence, the question of providing other details sought by the application does not arise.

Request: Please tell me PMO Office issue (sic) mobile number for their staff yes or no if yes please provide all staff number in written

Information: PMO provides mobile numbers to officers/ staff based on entitlements and functional requirements. However, disclosure of the mobile numbers would cause unwarranted invasion of privacy of the individual; as such the same is exempted from disclosure under Section 8(1) (j) of the RTI Act.

Request: Is there any information (sic) how many sick or casual leave or health leave is availed by Prime Minister of India in the last 10 years?

Information: It may be noted that no leave has been availed by the present Prime Minister i.e. Shri Narendra Modi since taking over office.

Request: Enclose all the proper records and documents which show that the present Prime Minister of India, Shri Narendra Modi is The Prime Servant of India and not the Prime Minister.

Information: There is no proposal to change the official designation of PM. Hence, the information sought does not form part of records held by this office.

Request: Has the Prime Minister read the Indian constitution? Is the Prime Minister supposed to read the Indian constitution? Is the Prime Minister assumed to have read Indian constitution? Has anyone in the PMO till date told the Prime Minister what his duties are towards India?

Information: Information sought does not fall under the definition of information. Request: Who helps the Prime Minister in sending tweets in regional and foreign languages? Names of individual(s) for each regional language. Information: Information sought is not maintained on record. (Another reply says that the Prime Minister himself is managing his personal social media accounts.)

Request: Number of sick or casual or health leave availed by the Prime Minister in the last 10 years.

Information: No leave has been availed by the present Prime Minister since taking over the office. (Replying to a related query on whether Prime Minister Modi was on leave during the Bihar election campaign last year, the PMO responded: Tours on election campaign are not official.)

Request: Percentage of marks Modi secured while graduating in 1977 from Delhi University.

Information: Does not form part of records.

Part A Decision of CIC

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CIC – pro-disclosure order on Land Acquisition Ordinance

Central Information Commission has given a prodisclosure order and directed the rural development ministry to divulge Cabinet note, file notings and all government communication on the controversial Land Acquisition Ordinance under the Right to Information (RTI ) Act In separate applications,

RTI activist Venkatesh Nayak and journalist Chitrangada Choudhury had sought copies of Cabinet note, file notings and all communication within the government leading up to the promulgation of the controversial Ordinance, which has now lapsed. Though the department of land resources under rural development ministry was the nodal agency for the move, it had denied information saying it held no such records.

Hearing the plea of the applicants last week, Information Commissioner Sudhir Bhargava directed the government to provide the information.

“The Commission after hearing the submissions of the complainant and perusing the records, notes that the information sought has not been provided by the respondent to the complainant. Further, as per the Legislative Department, the records relating to the promulgation of the said Ordinance would be available with the Department of Land Resources. In view of this, the Commission directs the respondent to provide information sought to the complainant within four weeks, from the date of receipt of a copy of this decision under intimation to the commission.” Mr. Bhargava said in his order

From Published Accounts

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Section A: Disclosure regarding title deeds of imm ovable properties as per CARO 2016

Compilers’ Note
CARO 2016 has introduced a new clause 1(c) wherein auditors have to comment on ‘whether the title deeds of immovable properties are held in the name of the company; lf not, provide the details thereof’;

Given below are some disclosures by companies for the year ended 31st March 2016 for the same.

Tata Consultancy Services Ltd .
According to the information and explanations given to us and the records examined by us and based on the examination of the conveyance deed provided to us, we report that, the title deeds, comprising all the immovable properties of land and buildings which are freehold, are held in the name of the Company as at the balance sheet date, except a building with carrying value of Rs. 0.27 lakhs which is under dispute.

Tata Communications Ltd
According to the information and explanations given to us and the records examined by us and based on the examination of the registered sale deed, conveyance deed and transfer deed of the Government of India vide its letter no. G-25015/6/860C dated 23 October, 2001 provided to us, we report that, the title deeds, comprising all the immovable properties of land and buildings which are freehold, are held in the name of the Company, except the following:

In respect of immovable properties of land and buildings that have been taken on lease and disclosed as fixed asset in the financial statements, the lease agreements are in the name of the Company, where the Company is the lessee in the agreement.

Tata Motors Ltd
According to the information and explanations given to us, the records examined by us and based on the examination of the registered sale deed / transfer deed / conveyance deed / confirmation from custodians / court orders approving schemes of arrangements / amalgamations provided to us, we report that, the title deeds, comprising all the immovable properties of land and buildings which are freehold, are held in the name of the Company as at the balance sheet date. In respect of immovable properties of land and buildings that have been taken on lease and disclosed as fixed asset in the financial statements, the lease agreements are in the name of the Company, where the Company is the lessee in the agreement.

Dr Reddy’s Laboratories Ltd
According to the information and explanations given to us and on the basis of our examination of the records of the Company, the title deeds of immovable properties as disclosed in Note 2.7 to these standalone financial statements, are held in the name of the Company.

Vedanta Ltd
According to the information and explanations give to us and the records examined by us and based on the examination of the registered sale deed / transfer deed / conveyance deed and other relevant records evidencing title provided to us, we report that, the title deeds, comprising all the immovable properties of land and buildings which are freehold, are held in the name of the Company as at the balance sheet date, except as stated in the table below:

Immovable properties of land and buildings whose title deeds have been pledged as security for loans, guarantees, etc., are held in the name of the Company based on the confirmations directly received by us from lenders / parties.

In respect of immovable properties of land and buildings that have been taken on lease and disclosed as fixed asset in the financial statements, the lease agreements are in the name of the Company, where the Company is the lessee in the agreement, except as stated in the table below:

United Spirits Ltd
According to the information and explanations given to us and based on our examination of the records of the Company, the title deeds of immovable properties are held in the name of the Company except for 22 cases of freehold and having aggregate gross block of Rs.1,175 million, 3 cases of leasehold land having aggregate gross block of Rs.41 million; and various buildings having aggregate gross block of Rs.1,869 million, where the Company is in process of collating and identifying title deeds.

Britannia Industries Ltd
In our opinion and according to the information and explanations given to us and on the basis of our examination of the records of the company, the title deeds of immovable properties are held in the name of the company.

From The President

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Dear Members,

Greetings from Mumbai! The 49th Residential Refresher Course (RRC) just got over, with 6 papers of contemporary importance. The participants enjoyed the learning in leisure, which is the basis of the RRC. RRCs started with this idea 50 years ago and now we are just a year away from the golden jubilee year of the RRC. In several countries professionals, like doctors, get paid leave of up to 2 weeks to study the developments in their specific fields. An RRC is this dedicated time, earmarked to study the current changes through discussions with fellow professionals and experts.

The Union Budget will be announced on 29th February 2016. This will be the second full fledged budget from Modi Sarkar. Recently, BCAS was invited to present before Mrs. Sushma Swaraj, Cabinet Minister for External Affairs who was asked by the PM to conduct a ‘Samvaad’ session to receive direct feedback from the Chartered Accountants fraternity on tax matters. She appreciated some of the points suggested by the Society especially on the attitude of the tax officers towards the assessees. Although the Society makes representations to the MOF, for more than 4 decades, from what I know, the voice of the profession is ‘heard’ only infrequently. We hope that the government that has a plank of ” Sab a Sath Sab Ka Vikas” will hear what the professionals have to say.

Nani Palkhivala, a fighter of civil liberties and defender of our constitution wrote: “Elections can change the governing faces; budgets can change the face of the state” The budget each year brings a sharp focus on economic and tax reforms. The motivation for change in the present government is certainly there, however the pace of execution needs to match it.

Tax laws above all should be Clear, Just and Simple. Every citizen expects tax legislation to be fair, balanced, easy to use, reasonable, low on procedures, less prone to interpretation and litigation. Over the years the Income Tax Act has become more of an incomprehensible monster. Disfigured by thousands of amendments, qualified by provisos and blunted by ‘deeming’ fictions. The size, shape, teeth, colour, feel of the law has become incongruent with the basic forces of human nature, where its acceptability has diminished.

If the meaning of  “Sab a sath sabh a vikas”  was to be actioned, then, collaboration would be the essence of law making. Today the budget has become an exercise carried out by the administrators alone to collect more revenue. What Mr.Palkhivala wrote still rings true “The budget should not be an annual scourge but should partake of the presentation of annual accounts of a partnership between the government and the people. The partnership would work much better when the nonsensical secrecy is replaced by openness and public consultations, resulting in fair laws and the people’s acceptance of their moral duty to pay.” A larger debate, participation, responsiveness from the law makers is the need of the hour to create nation building. Collaborative approach is where the world is headed, be it social interactions to running successful businesses; people are coming closer, exchanging ideas and feel a sense of belonging. The Indian government is a segment that is left behind, to make people feel it is ‘of the people’ and ‘for the people’. With several schemes announced recently let’s hope that ache din are coming closer.

Each of us has a wish list for the budget. I thought of taking this opportunity to share some thoughts playing on my mind and hope they mirror yours too:

1. Attitude change – The officer needs to think that the tax payer is his customer, a respectable citizen of the country to whom he is there to serve. A tax payer is not a cheat and earning more money does not imply that a business is carried out with unfair means. In fact every healthy business is vital to the nation. Attitude change on the part of the tax officer is vital and it has to come from the ones who govern before the governed. Being helpful, fair, respectful, reasonable, supportive and not just an agent to meet tax targets, will mean ache din for the tax payers.

2. Ease of Paying Taxes – The ‘ease’ aspect must become pivotal to all tax laws. For example, TDS procedures, which are tedious for small and medium businesses should be eased for smaller tax payers. Thresholds for TDS are increased. Yearly compliance for filing statements and issuing forms should be allowed. This will make smaller tax payers come around and reduce dodging. Another example could be of having a Tax Paid Passbook system, which can be used by tax payers to attribute taxes so as to end issues of non-payment, interest. Or even bring presumptive taxation for many other trades and professions to make it easy to do businesses and promote entrepreneurship.

3. Master Circulars – Compile all tax clarifications in a systematic manner to be useful and sensible. Just like the Reserve Bank of India, the Tax Department should come out with sets of Master Circulars once a year. Each topical Master Circular could cover an updated compilation of all circulars on that topic and clarify the position of the tax department. This will bring some method to madness and bring sense to the tax laws.

4. Stop Mutilation – Amendments should be restricted. In the words of Mr. Palkhivala – “Today the income-tax Act, 1961, is a national disgrace. There is no other instance in Indian jurisprudence of an Act mutilated by more than 3300 amendments in less than thirty years.” Today it has crossed about 8000 amendments. Certainty and respect for law and administration can only come when there is stability in the law itself.

5. Use of English – The language in Income Tax act is at best awful, crude, boring, distasteful and obnoxious. Use of such language to make laws in a country like ours should be included as a form of intellectual cruelty on citizens. Why should our laws not be written in PLAIN ENGLISH when millions are uneducated, where interpretation related litigation is rampant, and language should rather be a means of communication and not complication? Clarity, precision, brevity, freedom from legalese should be the hallmark of drafting. Can we not write a law where the writing is of a natural and normal human being? New Zealand Parliamentary Counsel Office has brought out a paper where such despicable use of English language in law making is forbidden. It’s time we do the same, then ache din will not be too far.

6. Discretion, Interaction and Transparency – It may be worth attempting to reduce / minimize interaction with the tax officers. Establishing Accountability for passing orders that are reversed at next levels, transparency in disclosing key data such as pendency, reversal of orders, average time of assessment, average time for rectification, average time for granting refunds, average time complaints resolved, customer satisfaction surveys, total compliance with citizen’s charter at a jurisdictional level would bring better administration and tax payer confidence. Clarity of department’s positions should be mandatory. Every use of discretion / interpretation should be made with signing off by higher levels. The department requires enormous efforts to make its positions clear on new laws, contentious issue, and must be held responsible for litigation costs where orders are reversed. We welcome some steps in this direction taken recently.

The Society has made a representation to the MOF on substantive provisions, which is placed on our website. We eagerly hope to see action, reaction or response. Without some fundamental changes, the Union Budget will just be another yearly event, celebrated by CAs, followed up by a few talks, a few meetings, few CPE hours and few more publications. But will it really bring ache din to the tax payer? Will it change the face of the state? Will it end our wait? Will it finally address aspiration of the people? Will it result in ” Sabh Ka Sath Sabh Ka Vikas” ? Let’s see.

Part C Information on & around

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Targeting RTI in the House

MPs must not run down a law
that promises a more informed citizenry. As part of the assessments,
20,000 RTI applications filed to different public authorities in the
country were collected, of which detailed analysis of a randomly
selected sample of 5000 applications was undertaken. The Right to
Information (RTI ) Act has undoubtedly been a most empowering
legislation for citizens. The law has initiated the vital task of
redistributing power in a democratic framework. It is perhaps this
paradigm shift in the locus of power that has resulted in consistent
efforts by the powerful to denigrate it. The latest attack on the
legislation was witnessed recently in the Rajya Sabha, with several
members of Parliament, across party lines, demanding amendments to the
act. A key allegation made on the floor of the House was that the RTI is
being widely misused, especially to blackmail public functionaries. It
was also argued that government servants are unable to take decisions
objectively for fear of the RTI. This is not the first time that the
issue of misuse of the RTI Act has been flagged. The previous prime
minister alleged that a large number of frivolous and vexatious RTI
applications are being filed resulting in a negative impact on the
efficiency of the government. These assertions, however, are not backed
by data or evidence — a point which the office of the previous PM had to
publicly concede when the RTI was invoked to ask for the basis of the
PM’s views! Similarly, one of the MPs who raised these issues in the
Rajya Sabha has reportedly admitted that his statements were based on
anecdotal evidence drawn from some isolated cases

No fee to be paid for appeals and complaints related to RTI

State
information commission has said that the RTI applicant needs to pay
fees only for the first application for information and no fees shall be
paid for appeals or complaints. The commission issued the notification
in the wake of instances where applicants were made to pay fees for
appeals and complaints as well.

The complaints filed before the
commission as per section 18 of Right to Information act and appeals
filed as per section 19 does not require fees, the commission said. It
has also been pointed out that postal orders, money orders will not be
considered as fees for matters under the control of state government.
Section 6 of the RTI act says that the applicant has to pay the fees as
prescribed by the state government while filing an application for
information. The state government has determined Rs 10 as application
fee as per Kerala Right to Information (Regulation of fee and cost)
rules.

Stay on order exempting ‘T’ branch from RTI Act

A
Division Bench of the Kerala High Court on Friday stayed a January 27
Government Order exempting the T (Top secret) branch of the State
Vigilance and Anti-Corruption Bureau from the purview of the Right to
Information Act. The Bench of Justice P.N. Ravindran and Justice Sunil
Thomas, while issuing the stay order, made it clear that the RTI Act
would continue to apply to the T branch of the VACB. The Bench observed
that a prima facie case had been made out for staying the Government
Order. The order came on a writ petition filed by A. Jayasankar, general
secretary, Indian Association of Lawyers, and its State committee.
According to the petitioner, the T branch was probing the allegations of
corruption against Chief Minister Oommen Chandy, Ministers, MPs, MLAs
and top IAS/IPS officials. The petitioner contended that the order was
sheer abuse of power. The RTI Act provided for exempting only
Intelligence and security organisations from its purview. In fact, the
VACB was an agency tasked with the job of probing corruption charges
against public officials. The exemption order was issued to cover up
large-scale corruption indulged in by Ministers and higher officials and
with a mala fide intention to prevent the public from knowing the
details of the probe being conducted into the corruption charges against
Ministers and top officials before the Assembly election.The petitioner
pleaded that unless the order was stayed, it would cause irreparable
harm to the general public.

CIC pulls up Civil Aviation Ministry for ‘casual’ approach in RTI

The
Central Information Commission has pulled up the Civil Aviation
Ministry for “casual and callous approach” in handling Right to
Information applications which it said “defeats the spirit” of the law
for empowering citizenry. Chief Information Commissioner Bimal Julka
made these hard-hitting observations while hearing the case where the
ministry could not satisfactorily answer queries on ground handling
services such as “Which out of these are part of Central Government (i)
Indian Airlines (2) BWFS (3) Air India SETS (4) CELBI”.Delhi-based
Jagpal had sought information on a number of queries related to ground
handling work through his RTI application filed in 2013 but satisfactory
responses were claimed to have not been furnished and the application
kept getting transferred from one authority to another including Air
India and Airports Authority of India.

CIC ruling: Cabinet Secretariat to disclose details of agenda under RTI Act

The
Central Information Commission ( CIC) has ruled Cabinet Secretariat
cannot deny access to items on the agenda of the Cabinet after the
meeting is over under Right to Information Act.

In a
pro-disclosure order, chief information commissioner R K Mathur has
directed Cabinet Secretariat to disclose all agenda items under the RTI
Act once the meetings are over.

In a ruling on an RTI plea by
RTI activist Venkatesh Nayak of Commonwealth Human Rights Initiative
(CHRI), the CIC has also advised the Cabinet Secretariat to “put in
place” a mechanism to monitor departments and ministries for their
compliance with the requirement of sending monthly reports of work done
by them to it.

The order further says that it is “advisable” for
ministries and departments to upload the “unclassified portions” of
their monthly reports to Cabinet Secretariat on their respective
websites. Nayak had filed an RTI application with Cabinet Secretariat
seeking details of Cabinet agenda between August 2014 and December 2014.

Ethics and U

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Disrepute to the profession

Arjun (A) — (chanting) Hare Krishna! Hare Krishna!

Shrikrishna (S) Vatsa, whenever you think of me with devotion, I appear before you!

A — ‘He Bhagwan’ ! Trahi maam! Please save me.

S — Why? What happened? Surely, some one of your friends is in trouble with your Institute.

A — Yes. For that only I have to meet you so often; every month!

S — Tell me, in the first place why do you people accept the assignments which you cannot carry out properly?

A — Bhagwan, this complaint is not for doing the work negligently; but for not accepting the work!

 S — Is it so? Tell me what really happened?

A — See, my friend’s firm was empanelled with some Regulator’s office for audit of its members. He did the audits assigned to him diligently for a few years.

S— Then what happened?

A — For 2013-14, audits of 3 such member units were allotted to his firm.

S — Good.

A — He also received the allotment of audit of the Regulator’s office itself. In a routine course, he communicated his acceptance and within a few days, went to the Regulator’s office to discuss the work.

S — Very good.

A — The officer over there expressed surprise as to how the firm was allotted that work, when audit of 3 member units had already been allotted to them.

S— Strange!

A — The officer also said that the scope of work was much larger and that the allotment was for 2 years probably to compensate for lower annual fees.

S — Then?

A — My friend noticed that the scope was really very wide and his firm was not equipped or geared up to do certain aspects of the work.

S — Such as?

A — Like system audit.

S — Oh!

A — So he came back, and immediately wrote to them that he would not be able to do the audit assignment.

S — Fair enough! Was he too late?

A — Not at all! He received the letter in mid June, met them in 10 days and by end June, he informed his inability. There were at least two more months for the deadline. But still, to his surprise, the Regulator cancelled his empanelment altogether for two years. They did not even give any opportunity of being heard.

S— Very surprising. I feel, it was some ego issue of the person in the Regulator’s office. Did they file a complaint?

A — No. They just passed on the information that the member’s conduct would bring disrepute to the profession, since he refused the work after having accepted it once.

S— Really, this is rather too much!

A — That’s what I am saying. Now-a-days, such complaints from Regulators are becoming too rampant.

S — Yes. MCA is also very active now.

A — Good that you mentioned about MCA.

S — Why?

A — My another friend received a notice from ROC’s office regarding the audit of a company. It contained 30 to 40 queries. Most of them were rather trivial. Actually, while scrutinising, one particular reality was overlooked by them and therefore, most of the queries were redundant.

S— So he must have replied to them.

A — Of course, he did. But unfortunately what they do is without applying their mind on your replies, they simply forward the queries to ICAI!

S— That means, waste of time of the member as well as the directorate of ICAI.

A — True! MCA could have easily dropped many of the points and sent only the points not explained to their satisfaction.

S— I agree. If what you say is true, there should be proper representation to the Regulator’s office.

A — It is becoming unbearable. Many of the members are keen to run away from the profession. They feel, the situation will still worsen in the years to come!

S— All of you collectively must seek some way out. Running away is not the solution.

A — True. That is why ‘hum aapki sharan mei hein!’

Om shanti !!!!!

Note:
The above dialogue shows how a Member should be cautious enough while dealing with Government authorities / Regulators. In the above case, had Arjuna’s friend verified the scope of work properly before accepting the assignment, he would have been saved from all troubles created later on. One may argue that the above act does not bring any disrepute to the profession as such.

From Published Accounts

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Section A: Qualified report on Unaudited financial results for interim period

Ricoh India Ltd (period 1st April 2015 to 30th September 2015) (as submitted to Stock exchanges on 19th May 2016)

Compilers’ Note

The disclosures given by the above company (as reproduced below) have created ripples in the accounting and auditing profession. The press and some corporate commentators have compared the developments as akin to the ‘Satyam’ fraud. The disclosures also leave a lot of questions unanswered about the role of the Board and the independent directors, the company management and the auditors.

From Notes to Unaudited Financial results

1. Subject to the observations below, the financial results have been prepared in accordance with the Generally Accepted Accounting Principles in India, the Accounting Standards specified u/s. 133 of the Companies Act, 2013 read with Rule 7 of the Companies (Accounts) Rule, 2014 and the relevant provisions of the Act.

2. In November 2015 at a meeting with the Audit Committee, prior to the completion of their limited review of financial results relating to quarter and 6 months ended 30 September 2015, B S R & Co. LLP (“BSR”), the statutory auditors made certain observations which indicated that further procedures and investigations were required in respect of many transactions before it could be opined that the draft unaudited financial results are free of material misstatements and that they had been prepared and presented in accordance with applicable accounting standards and in accordance with the requirements of clause 41 of the listing agreement. In view of the above, the Company did not adopt the aforesaid financial results and it, through its Audit Committee appointed M/s S. S. Kothari & Mehta another audit firm to conduct a review of the observations of BSR as per Agreed upon Procedures. The report of M/s S. S. Kothari & Mehta was inconclusive and needed further investigation. Hence, unaudited financial results could not be finalized.

3. The Audit Committee, thereafter, appointed Shardul Amarchand Mangaldas & Co. (“SAM & Co.”) as independent legal counsel, and the said law firm appointed M/s PricewaterhouseCoopers Private Limited (“PwC”) for conducting a forensic review of the Company’s accounts:

(i) To identify whether the financial statements, and thereby the underlying books of account, of the Company have been misstated or misrepresented

(ii) To quantify the extent of misstatement and/ or misrepresentation including the personnel and entities involved

(iii) To identify the modus operandi of the alleged wrong doings and economic rationale for transactions leading to wrong doings, to the extent possible

(iv) To assess whether there was personal profiteering by the Company personnel. The period of PWC review was limited to 1 April 2015 to 30 September 2015.

4. Not reproduced

5. Not reproduced

6. PwC’s report contains only their preliminary findings and specifically states that further procedures were required covering more comprehensive information and further analysis of electronic documents and data extracted from various devices and certain unprocessed information. The preliminary findings in PwC Report inter alia indicate that unsupported out of books’ adjustments were made to the net sales, expenses, assets and liabilities, in order to report higher profits or to cover previously unreported losses; revenue was recorded based on orders in hand or on invoicing without dispatch/delivery of goods which may not be in conformity with company’s accounting policies on revenue recognition; very substantive back to back purchase/sales transactions with no / minimal value addition; unsupported and backdated transactions recorded in the books of accounts; nexus between the key managerial personnel, vendors and customers of the company; and cases of some customers having bogus addresses and in case of some vendors and customers’ undue favor of payment and other arrangements having been given and sale of non-existing products. Their report was submitted to SAM & Co, and the Audit Committee at a meeting of the Audit Committee held on 20th April 2016.

7. The audit Committee members were briefed on the outcome of the forensic investigation on April 20, 2016 and immediate disclosure of findings of PwC Indicating wrongdoing, were submitted by the Audit Committee to the Bombay Stock Exchange (“BSE”), the Securities and Exchange Board of India (SEBI) and the Ministry of Corporate Affairs or April 20, 2016. The BSE disclosure constitutes a qualifying statement for the financial results. In its letter to SEBI, the Company has requested SEBI to conduct an investigation to ascertain if the incorrect financial statements had any impact on the securities market and the investors, particularly under the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 and the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to the Securities Market) Regulations, 2003.

8. The disclosure made by the Audit Committee to the BSE on 20th April, 2016, amongst others, state that based on the review of the preliminary findings of PwC for the two quarters i.e. 1st April, 2015 to 30th September, 2015, the Audit Committee and the Board were of opinion that the books of account and other relevant books, papers and financial statement for the quarter ended 30th June, 2015 and 30th September, 2015 do not reflect true and fair view of the state of affairs of the Company.

9. The Company is investigating the extent of deviations from true and fair view and also the reasons for the same, including but not limited to, internal control issues, complacency of certain employees and suspicions of fraud. Investigations are ongoing and the financial results are based on current available information. Revisions in the financial results may be required based on the outcome of the investigations.

10. The PWC report as well as communications of the Company with the regulators were provided to B S R on 3 May 2016. Thereafter, the Company has received Form ADT – 4 regarding reporting of suspected offence involving fraud to the Central Government from B S R on 5 May 2016 as required by Rule 13(12)(a) of the Companies (Audit and Auditors) Rules, 2014. The management is in the process of providing its response thereto.

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14. The management has proceeded on the basis that the opening balances as at 1 April 2015 and those as at 1 July 2015 are correctly stated but this assumption may be proved incorrect in which case the accounts as presented above may undergo consequential changes.

15. The Auditors of the Company have carried out the Limited review of the above unaudited financial results for the half year ended on 30th September, 2015 in terms of the Clause 41 of the Listing Agreement.

16. Not reproduced

17. Not reproduced

From Independent Auditor’s Review Report

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2. The financial results for the three months ended 30 June 2016 which are included in the results for the six months period ended 30 September 2015 and periods earlier to 30 June 2015, set out in the accompanying Statement were reviewed/audited earlier by the then statutory auditors of the Company whose reports have been furnished to us. Attention is invited to notes forming part of the financial results wherein a large number of irregularities and suspected fraudulent transactions / observations have been summarised. Further, attention is invited to note 14 which states as below:

“The management has proceeded on the basis that the opening balances as at 1 April 2015 and those as at 1 July 2015 are correctly stated but this assumption may be proved incorrect in which case the accounts as presented above may undergo consequential changes.”

Consequently, the opening balances as of 1 April 2015 and 1 July 2015 may need substantive adjustments.

3. We conducted our review in accordance with the Standard Review Engagement (SRE) 2410, “Review of Interim Financial Information performed by the Independent Auditor of the Entity”, issued by the Institute of Chartered Accountants of India. This standard requires that we plan and perform the review to obtain moderate assurance as to whether the financial results are free of material misstatement. A review is limited primarily to inquiries of Company personnel and analytical procedures applied to financial data and thus provides less assurance than an audit. We have not performed an audit and accordingly, we do not express an audit opinion.

4. Attention is invited to Note 1 to 14 of the financial results which list a large number of irregularities and suspected fraudulent transactions / observations arising from our review procedures followed by investigation by independent experts and management assessment. In this regard, we state as below:

– The assumption regarding correctness of opening balances as at 1April 2015 and as at 1 July 2015 may be proved to be incorrect in which case the financial results as presented above may undergo substantive changes (refer to note 14);

– As per the management, the books of account and other relevant books, papers and financial statement for the quarter ended 30 June 2015 and 30 September 2015 do not reflect true and fair view of the state of affairs of the Company. (refer to note 8);

– The findings of our review procedures, those of the independent investigations and of the management (refer note 1 to 14) indicate a large number of irregularities and suspected fraudulent transactions in many areas.

In particular:
• unsupported out of books adjustments made to the net sales, expenses, assets and liabilities, in order to report higher profits or to cover previously unreported losses;
• revenue was recorded based on orders in hand or on invoicing without dispatch/delivery of goods. Revenue recognition in respect of composite contracts was on the basis of invoicing without an evaluation of linkage with performance as per terms of the contract. These may not be in conformity with generally accepted accounting principles in India;
• very substantive back to back purchases and sales transactions / rendering or receipt of services to customers / vendors having no / minimal value addition including with those having close connections / possible conflict of interest;
• inconsistencies in product pricing with market rates;
• unsupported and backdated transactions recorded in the books of accounts;
• nexus between then key managerial personnel, employees, vendors and customers of the company;
• cases of some customers having non-traceable addresses / having unrelated background;
• in case of some vendors and customers’ undue favour of payment and other arrangements having been given and sale of non-existing products; and
• certain entries recorded in the books of account without appropriate justification / proper supporting documents.

5. In relation to our review procedures pertaining to sales and purchases, we have not been provided with satisfactory explanation / information/ documentation such as:

– documentation and validation of information contained in customer evaluation form including basis of selection, acceptance of customers, assigning credit limit to the customers etc.;

– terms and conditions of the vendor/ customer contracts for sale and purchase of goods and services;

– carriers’ receipts for movement of goods, proof of delivery (POD) and customer acknowledgements etc.;

– identification of goods purchased/ sold;

– inventory records showing details of quantity purchased, sold and valuation thereof;

– periodic quantitative reconciliation of goods purchased/sold; non-recording of certain purchase invoices and corresponding credit notes;

– reconciliation of customer’s sub-ledgers with General ledger; and

– reconciliation of sales and purchase with the statutory records.

6. Certain large advances / balances of customers and vendors have not been reconciled. In the absence of appropriate supporting documentation / reconciliation / confirmation by the concerned party, we are unable to state whether adequate provision / adjustment therefor bas been made.

7. In our view, the internal controls both operating and financial including information technology controls require considerable strengthening. In particular, controls over maintenance of books of account, proper supporting documentation need a thorough review.

8. Attention is invited to segment disclosure made in the financial results based on the segments identified during the year ended 31 March 2015. We have not been provided with justification/ detailed analysis for identification and disclosure of such segments. Consequently, we are unable to comment as to whether the segments disclosed are in compliance with the requirements of Accounting Standard-17 ‘Segment reporting’ specified u/s. 133 of the Companies Act, 2013.

9. Attention is invited to note 7 that the Company has requested Securities Exchange Board of India to conduct an investigation to ascertain if the incorrect financial statements had any impact ‘on the securities market and the investors, particularly under the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015, and the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to the Securities Market) Regulations, 2003. Pending the conduct of such investigation, if any, we are unable to comment on its impact on the financial results for the quarter and half year ended 30 September, 2015.

10. Basis the initial observations noted during the review of the financial results and issues highlighted in the preliminary findings, we have made the necessary reporting on 5 May 2016 to the Audit Committee as required by Rule 13(12)(a) of the Companies (Audit and Auditors) Rules, 20l4 [as amended by the Companies (Audit and Auditors) Amendment Rules, 2015]. Pending response from the Company, we are unable to comment on the magnitude, the period, the modus operandi, the persons involved and the consequential impact on tile financial results for the quarter and six months ended 30 September 2015.

11. Attention is invited to note 9 according to which the Company is investigating the extent of deviations from true and fair view and also the reasons for the same, including but not limited to, internal control issues, complacency of certain employees and suspicions of fraud. Investigations are ongoing and the financial results are based on current available information.

12. In view of the fact that the investigation are ongoing and because of substantive nature of the matters described in paragraphs 4 to 11 above, we are unable to quantify the impact of these possible adjustments to these financial results and conclude whether the going concern assumption is appropriate or not.

Because of the very substantive nature and significance of the matters described in paragraphs 2 to 12 above and because of the limitation on work performed by us, we have not been able to obtain moderate assurance as to whether the accompanying statement of unaudited financial results has been prepared in accordance with the applicable accounting standards and other recognized accounting practices and policies or that the unaudited financial results are free of material misstatement or state whether the unaudited financial results are presented in accordance with the requirements of Clause 41 of the Listing Agreement.

From The President

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Dear Members,

Greetings! The vacation month of May is over and hopefully summer heat will soon end. However, the heat of new amendments continues throughout the next few months! Changes include modification of Accounting Standards Rules and a new SEBI circular on LODR (Listing Obligations and Disclosure Requirements) applicable w.e.f. 1st April 2016. Additionally, the first quarter results will be reported under Ind ASs. Internal Financial Controls reporting has entered the audit report even for smaller companies. Although changes keep us on our toes and keep the wheels of learning and unlearning moving, the applicability and timing of these changes awakens a strange sense of astonishment in me!

Two years of the NDA
Our elected government just celebrated its 2 years. Although as accountants we are trained to be sceptical, analytical and judge things a bit more than others, the Modi sarkar does deserve special compliments on doing what it has done so far. I do feel that to run a country like ours, is anything but easy.

For one, it did something at a fundamental level. There is a clear sense of leadership and direction, a visible sense of purpose, passion and initiative to work for the country. It has focussed on important yet simple things that tangibly affect ‘the little guy’ in a big way. What used to be perennial epitomes of dirt and disorder, the railway stations are now much cleaner and orderly. Take thousands of old useless laws lying unaccounted for decades. Some 1100+ old laws were junked in two years (1301 scrapped in 64 years before it). Take sanitation in villages and schools. What was visible and yet never resolved has been brought under zoom lenses. Addition to solar power capacity has been the highest ever. Taking people along – Giving up of LG subsidy by 90 lakh people is not a small number. Corruption at high levels is not heard of. Emphasis on Digital through apps by several ministries, from power ministry to customs, has lead to ease and transparency. Check out the mobile seva app store and you will find the digital side of the government. Initiatives such as enhancing the use of existing infrastructure, like the post offices, which is possibly the largest network of branches, to serve the citizens is both thoughtful and innovative. Yet a lot of work seems to be just cleaning up, completing, debottlenecking, catching up and rebuilding the building blocks.

Yes, there are shortcomings and they too must not be overlooked. Just recently one of my office bearer colleagues told me about businesses shifting base out of India due to taxing of commission received from overseas on goods sold overseas. Such laws make no sense, and make businesses models fall flat to the detriment of the country. Take another example taxing dividend income over Rs. 10 lakh. Such a law would eventually result in less dividend declaration and eventual loss of DDT itself. Since rule of law is really the bedrock of a liberal democracy, but in case of India, it has to be rephrased as ‘rule of good laws’. Today there are over 2500 Acts just at central level whereas a lot of the states do not even have full inventory of laws made by their legislatures. What we need today is – mandatory review and sunset clauses embedded within every law like in other countries. This will result in assessing the objectives and anticipated effects of every law. Such fundamental shifts are expected so that our laws are not catalysts of ‘not doing business in India’ but serve as enablers. We hope the pace, depth and extent of work continues to touch areas that require attention, areas which are fundamental and which makes lives of billions significantly better, self reliant and meaningful.

PG Portal – pgportal.gov.in
This is a facility available for redressal of grievances relating to Central Government. This is a nodal portal where you can lodge a complaint relating to several ministries and departments and it will be recorded, monitored and redressed within 60 days. We wanted this to be brought to your notice as several members who have used it, found it useful particularly for service related issues. The portal has features which allow you to upload documents, get a complaint registration number and also view status. I wish you use this portal and popularise its use amongst your friends and clients.

BCAS Events
June is particularly packed with events. We have four public lecture meetings on preparation and filing of ITRs, on Audit Finalisation for the year ended 31 March, 2016, Bankruptcy Code and on Stock Market and Economy. There are other events like the Residential study course on Service Tax and VAT , workshop on fraud reporting and data mining and a workshop on practice management. The most exciting event seems to be the one organised by CA students. A very sought after 9th Jal Erach Dastur Students’ Annual Day named TARANG 2k16, Tarasho Apne Talent ke Rang. The entries and auditions reached new heights for all 6 competitions. I have to thank the members for encouraging their students to take part.

Attitude of Gratitude
I wanted to share this with you that all of us are part of a miniscule minority that is truly and phenomenally blessed. From having a roof over our head, to having running water in our taps, to having received education, to having gainful employment, makes us a part of a ‘privileged’ minority. If you take a moment and look around, and see what is happening to millions, you will realise that you are not lucky, but blessed. Although we are trained to be accountants we can never master an art – the art of counting our blessings. Like Eric Hopper said “The hardest arithmetic to master is that which enables us to count our blessings”. I want to leave you with this beautiful thought and with a secret wish that it will expand within you and manifest in the most magical way that it possibly can.

Wishing you a magnificent day, and more to come!

Letter to the editor

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23rd May, 2016
The Editor,
Bombay Chartered Accountants Journal
Mumbai.

Dear Sir,

Re: Taxation of Capital Gains – Exemption u/s 54 and 54F on purchase / construction of a new house.

Section 54 of the Income-tax Act provides relief from taxation in respect of Profit on sale of a Residential House provided the assessee has purchased a house within a period of 2 years from the date of sale or constructed a house within a period of 3 years from the date of such sale. A similar exemption is available under section 54F in regard to capital Gain on sale of any other Long Term Capital Asset, subject to satisfaction of other conditions stipulated in that section.

Now-a-days, due to shortage of land and increasing population and considerations of quality of life, safety & security & availability of other modern amenities at par with advanced societies, there is vertical expansion in Mega Cities and purchase of flats in a residential tower or self-contained gated residential complexes particularly in large cities. Therefore, it is quite common for the taxpayers desiring to avail of exemption u/s 54 or 54F, to purchase flats in such Residential Towers and invest the Sale Proceeds of their existing house or other assets in purchase of flats in such Towers / Residential Complexes.

However, the construction of new Residential Towers generally takes more than 2 years / 3 years, as the case may be, as it is now virtually possible for the Builder/ Developer to complete the Construction of the Tower and comply with other Municipal Regulations concerning construction of such large Residential Towers/Complexes, and hand over possession of the flats to the buyers within the period stipulated in Sections 54 and Section 54F.

The assessing officers are very rigidly applying the time limits laid down in sections 54 and 54F, and denying the exemption available to the taxpayer. Various Tax Tribunals and High Courts have liberally interpreted the aforesaid time limits specified in Sections 54 and 54F and have granted exemption to the taxpayer if the taxpayer had invested the Long Term Capital Gains on sale of the existing house property or other Asset within the time limits specified in the aforesaid sections. However, the Assessing Officers are not giving due recognition to such favorable Judicial Decisions and raising huge demands on the Tax Payers. As a result, a large number of Appeals are pending before various Appellate / Judicial Authorities on this issue.

In the interest of rendering justice to the taxpayers and advancing the underlying objective of sections 54 and 54F, the CBDT should accept the ratio of such favorable Judicial Decisions and issue an appropriate Circular instruction to the Assessing Officers to the effect that deduction/exemption u/s 54 and 54F should be allowed if the taxpayer has invested the amount of eligible Capital Gains within 2 or 3 years, as the case may be, for purchase of a new house / flat so that the genuine taxpayers are not put to hardship and huge backlog of accumulated litigation on this score can be cleared. Increase in time limits for completion of projects in view of changed realties of Real Estate Sector may also be considered.

Yours faithfully,
Tarunkumar G. Singhal.

From The President

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Dear Members,

At the outset, I express my heartfelt gratitude to all of you for bestowing upon me the honour to be the 68th President of the Bombay Chartered Accountants’ Society. It is indeed a great privilege since BCAS has evolved over the years as an organization committed to the development of the profession and society at large. Along with the honour of being the President of this august institution, I am also aware of responsibility and challenges. I look forward to diligently performing my duties and striving to achieve the vision of the Society. I am sure of support and encouragement from the managing committee, respected past presidents and members. It will indeed be a privilege of interacting with you through BCAJ which is one of the most prestigious and widely read professional Journal.

25 years of Economic Reforms
Mr. Manmohan Singh, a true visionary, concluded his budget speech in 1991 with the words “India is now wide awake. We shall prevail. We shall overcome.” Yes, we did overcome and time has come when India speaks, the world listens. We are living in exciting times. A buoyant economy and a robust growth rate have made India the toast of the entire world. Foreign direct investment is pouring in steadily and many multinationals that ignored India are now scrambling to either set up manufacturing facilities or tap its burgeoning market. There are opportunities aplenty for everyone! This happy situation was not always so – it has been in the making over the last twenty-five years when liberalization of the Indian economy first began.

The unshackling of the Indian markets and the freeing of enterprise from a plethora of controls has facilitated accelerated growth. India has leapfrogged from being dependent on foreign aid to one that stands tall, shoulder to shoulder with the developed countries of the world. Per capita income and GDP have spiraled up steadily, and India is today the third largest economy in the world in PPP. One of the finest reflections of India’s growth story is the fact that many Indian companies are today multinationals acquiring global assets and operations. India’s image of a cheap labour market has been replaced by that of a knowledge hub.

Indian rockets are now ferrying satellites into space and Indian software specialists are coding success stories across the world. But there are still many initiatives and programmes that need to be undertaken to improve the life of the common man. In underlining India’s stratospheric success, I am only reminding all of us of the huge opportunity India is, and of the vast potential that lies ahead. In fact, India’s economic success will complete only if it is more inclusive – extending to citizens in big cities and small villages alike. I am sure that most of you share my feeling of living in dual India – India on one side and Bharat on another. While many citizens enjoy the growth story, nearly 300 million people are reeling under endemic poverty. Our country is home to one-third of the world’s poor. The gap between haves and have-nots continues to widen, malnutrition still consumes 100 children every hour while 30% of grains do not reach the intended beneficiaries. To summarize, prosperity has begun to spread across India, but has yet to reach the last man, woman and child at the bottom of the pyramid.

Abuse of power had become an acceptable routine in the world’s largest democracy, and the entire political class had been hand in glove till the last elections to prevent game-changing reforms. However, since the current government has taken up reins, there are green shoots of major reforms initiated or in the offing. India is on the cusp of achieving in the next decade much more than what has been achieved in past twenty-five years.

The Lokpal and Lokayukta Act
Let us take a look at an Act that has been in the news for the wrong reasons. The Lokpal and Lokayukta Act has been equipped with teeth to check allegations of corruption against public functionaries. In its enthusiasm to regulate and restrict corruption, NGOs, and charitable institutions have been brought under the purview of this act. As a result, trustees and its officers – who are volunteers, have now become public servants and are expected to declare their assets in the public domain. This action is responsible for many genuine people who have volunteered to serve the public to step down and relinquish office. The uproar has reached the ears of FM and a decision seems to have been taken to refer the matter back to the Standing Committee for review. We look forward to playing a role in resolving the issue and ensuring that there is no mass exodus of good people from NGOs and charitable organizations.

Member Deliverables
My resolve for the year is to offer members an enriched service experience from BCAS. I am aware of certain grievances of members remaining unattended. To resolve these and to compress timelines for attending to them, we have set up a dedicated task force at BCAS, which I am sure would improve upon service to the members in a timely and efficient manner.

It is our resolve to bring BCAS to your doorstep be it through website, through live streaming or online payment for all services. By the time you read this page, online payment facility for all transactions with BCAS would have become a reality. May I request you to use this facility to the fullest and save your staff time of sending cheques to BCAS. From buying a book to renewing your membership to paying for an event, www.bcasonline.org will be your window to ease of doing business with BCAS.

As I sign off, I would like to draw your attention to a unique opportunity. You can now open the doors of learning by gifting BCAS membership to freshly qualified CAs. Be it your article student or an acquaintance who passed out from the May 2016 batch, you can make a gift that will take their new prefix to a new height. The icing on the cake is a complimentary e-kit that is being offered to such qualified CAs. The Society, as a mark of recognizing the rank holders will be giving them free membership. I request all the members to make this endeavour a grand success.

Direct Taxes

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1 CBDT clarifies on classification of income from sale of shares as capital gains or business income

– Circular No. 6/2016 dated 29.02.16

In continuation to the earlier Instruction No. 1827, dated 31st August, 1989 and Circular No. 4 of 2007 dated 15th June, 2007 further clarifications have been provided by CBDT for considering income from sale of shares as Capital gains or Business Income as under:

i) If the assessee has treated the securities in his books as stock in trade, the same should be accepted

ii) In case holding period of the securities is more than a year and the assessee wants to treat it as a Capital asset, then the AO needs to accept it provided the treatment is consistently followed by the assessee in the subsequent years.

iii) In all other cases, the earlier mentioned Instructions and Circular be considered for determination of the nature of income.

iv) These guidelines would not apply to transactions the genuineness of which are questionable.

It is further clarified that these are broad guidelines and the determination needs to be based on the facts of the case.

2 Clarification by CBDT that the provisions of DTAA between India and UK would be applicable in case of a partnership resident in either state and its income be taxed either in the hands of the entity or beneficiaries/partners

– Circular No. 02/2016 dated 25.02.2016

3 CBDT has issued an Office Memorandum for clearing the pending refunds wherein the timeline for clearance laid down in Office Memorandum dated 29.01.2016 be reduced to 15 days for notices u/s. 245 of the Act valid till 31.3.16

– Office Memorandum dated 07.03.2016

4 CBDT extends the benefit of higher monetary limits laid down in Circular 21 of 2015 dated 10.12.2015 for filing appeals to Cross Objections filed by Department before ITAT and references made to the High Court u/s. 256(1) and 256(2) of the Act

– Letter No: F.No.279/Misc./M-142/2007-ITJ (Part) dated 08.03.2016

5 CBDT clarifies on the status of the EPC consortiums when to be treated as AOP –

Circular no. 7/2016 dated 7th March 2016

Certain broad parameters are laid down for NOT treating the EPC consortiums as AOP and thereby not taxing it as a separate entity:

i) Clear independence exists between each member in terms of responsibility, resources and risk for the scope of work defined for him.
ii) Each member earns profit/loss for his scope of work though all together can share contract price at the gross level for accounting convenience.
iii) R esources in terms of men and materials used by each member are under his risk and control parameters.
iv) There is no unified control and management of the consortium and common management is for administrative convenience and co-ordination.
v) Other facts and circumstances which point out that consortium is not an AOP.

It is further clarified that this Circular shall not be applicable in cases where all or some of the members of the consortium are Associated Enterprises within the meaning of Section 92A of the Act. In such cases, the Assessing Officer will decide whether an AOP is formed or not keeping in view the relevant provisions of the Act and judicial jurisprudence on this issue.

Guidelines for Implementation of Transfer Pricing Provisions – Instruction No. 15/2015, dated 16th October, 2015 replaced by Instruction No. 3/2016 dated 10th March 2016 ( full text available on www.bcasonline.org

6 CBDT reaffirms its view point of not adopting coercive action against payees for TDS which is not deposited by the payer and directs the AO to follow the Directives issued in letter dated 01.06.2015.

–Office memorandum – no: F.No. 275/29/2014- IT (B) dated 11th March 2016

Direct Taxes

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76. Procedure, Formats and Standards for ensuring secured transmission of electronic communication for the purpose of Rule 127 r.w.s 282 notified –

Notification No. 2 dated 3rd February 2016

77. Clarification of the term ‘initial assessment year’ in section 80lA (5) of the Income-tax Act, 1961 –

Circular No. 1 dated 15th February 2016

It is clarified that the term ‘initial assessment year’ would mean the first year opted for by the assessee for claiming deduction u/s 80lA out of a slab of fifteen ( or twenty) years, as prescribed under the relevant sub-section.

78.Atal Pension Yojana (APY) notified as a Pension Scheme for the benefit of section 80CCD –

Notification No. 7 dated 19th February 2016

79. Time-limit of six months prescribed under section 154(8) of the Act is to be strictly followed by the Assessing Officer while disposing applications filed by the assessee/ deductor/collector under section 154 of the Act. –

Instruction No. 1 dated 15th February 2016

New form 9A prescribed and Rule 17 and Form 10 amended – Forms to be furnished by the charitable trust to the Income tax authorities before the due date of filing of the return of income-

Notification No. 3 dated 14th January 2016- Income-tax (1st Amendment) Rules, 2016

81. Certain technical glitches solved regarding online issuance of Certificates u/s. 195(2) and 195(3) of the Act –

TDS Instruction no. 51 dated 4.2.16

82. Procedure for adjustment of refunds in case where notice u/s. 245 of the Act has been issued–

Office Memorandum dated 29.01.2016

CBDT has stated that in cases where the tax payer has contested the demand raised by the department, the jurisdictional AO would be issued a reminder to either confirm or make appropriate changes in the demand based on the contention of the assessee. This needs to be responded by the AO within 30 days, post which CPC would issue the refund without adjustment of the demand in absence of any communication from the AO.

Direct Taxes

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60. Non-applicability of MAT provisions to FIIs/FIPs who do not have PE / place of business in India prior to 01.04.2015

Instructions no. 18/2015 dated 23rd December 2015 (full text available on www.bcasonline. org)

61. No TDS on Interest on FDRs made in the name of Registrar General of the Court or the depositor of the fund on the directions of the Court, till the matter is decided by the Court

Circular no 23/2015 dated 28th December 2015

62. Questionnaire detailing the requirements for each scrutiny to be accompanied with the Notice u/s. 143(2) of the Act to avoid any undue hardship to tax payers

Instruction no. 19/2015 dated 29th December 2015 (full text available on www.bcasonline. org)

63. Detailed clarifications issued on scope of scrutiny assessments selected under Computer Aided Scrutiny Selection – Instruction no. 20/2015 dated 29.12.15

64. CBDT has issued a Press Release making mandatory e-filing of appeals to CIT(A) for all assesses who are required to file their return electronically

65. Recording of satisfaction note in cases covered u/s. 153C/158BD of the Act

Circular no. 24/2015 dated 31.12.15

CBDT directs all the officers to follow the principles laid down by the Supreme Court in the case of CIT vs. Calcutta Knitwears 362 ITR 673 wherein it has been held that the satisfaction note needs to be in place either a) at the time of or along with the initiation of proceedings against the searched person u/s. 158BC of the Act; or (b) in the course of the assessment proceedings u/s. 158BC of the Act; or (c) immediately after the assessment proceedings are completed u/s. 158BC of the Act of the searched person.”

66. The CBDT has issued a Guidance Note dated 31.12.2015 for ensuring compliance with the reporting requirements provided in Rules 114F to 114H and Form 61B of the Rules dealing with Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS)

67. No penalty u/s. 271(1)( c) of the Act if additions made to normal income but tax determined as payable u/s. 115JB of the Act prior to 01.04.2016

Circular no. 25/2015 dated 31.12.2015

68. In light of huge default of short deduction, CBDT Issues Advisory To TDS Deductors For validating S. 197 Certification

Direct Taxes

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Rule 127 inserted to provide that service of notice, summons, requisition, order and other communication may be done by email. The Rule further provides the address at which the same can be served –

Notification No. 89 dated 2nd December 2015- Income-tax (18th Amendment) Rules, 2015

TDS on Salaries for Financial year 2015-16:

Circular No. 20 dated 2nd December 2015

CBDT increases the monetary limits for filing of appeals by the department before the ITAT and High Courts and SLP before the Supreme Court. CBDT has directed that the said instruction shall apply retrospectively to pending appeals and that all appeals below the specified tax limits should be withdrawn/ not pressed. However, appeals before the Supreme Court are to be governed by the limits operative at the time that the appeal was filed –

Circular 21 dated 10th December 2015

DTAA between India and Thailand notified-

Notification No. 88 dated 1st December 2015

The Government of India and the Government of Japan sign a Protocol for amending the existing DTAA –

PIB Press Release dated 11th December 2015

Rule 10D, 10THA, 10THB, 10THC, 10THD and Form 3CEFB amended to amend the safe harbour rules and to specify the information and documents required to be maintained by an eligible assessee. –

Notification No. 90 dated 8th December 2015- Income-tax (19th Amendment) Rules, 2015

Rule 12CB inserted and Form 64C prescribed , which is required to be furnished by the investment fund to the Income tax authorities.-

Notification No. 92 dated 11th December 2015- Income-tax (20th Amendment) Rules, 2015

Amendments to section 43B of the Act to be given effect to retrospectively in light of the Apex Court judgment in case of Alom Extrusions –

Circular no. 22/2015 dated 17.12.15

Rule 37BB amended and information for payment to non residents in Forms 15CA / 15CB and 15CC modified and simplified – Income tax (21st Amendment) Rules, 2015 dated 16.12.15 –

Company Law

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1. Companies (Authorised to Register) Amendment Rules, 2016

The Ministry of Corporate Affairs has vide Notification dated 31st May 2016 made rules to amend the Companies (Authorised to Registered) Rules, 2014. These Rules are applicable for conversion of a partnership firm into company, and for conversion of an LLP into company. Full text of the Rules can be accessed at
http://www.mca.gov.in/Ministry/pdf/NotificationOrder_ 01062016.pdf

2. Companies (Corporate Social Responsibility Policy) Amendment Rules, 2016.

The Ministry of Corporate Affairs has vide Notification dated 23rd May 2016 notified the rules to amend the Companies (Corporate Social Responsibility Policy) Rules, 2014.

Rule 4 of the Companies (Corporate Social Responsibility Policy) Rules, 2014, is substituted by, “The Board of a company can decide to undertake its CSR activities approved by the CSR Committee, through
(a) A company established under section 8 of the Act or a registered trust or a registered society, established by the company, either singly or along with any other company, or
(b) A company established under section 8 of the Act or a registered trust or a registered society, established by the Central Government or State Government or any entity established under an Act of Parliament or a State legislature

Provided that if, the Board of a company decides to undertake its CSR activities through a company established under section 8 of the Act or a registered trust or a registered society, other than those specified in this sub-rule, such company or trust or society shall have an established track record of three years in undertaking similar programs or projects; and the company has specified the projects or programs to be undertaken, the modalities of utilization of funds of such projects and programs and the monitoring and reporting mechanism.

Further vide Notification dated 16th May 2016, the Ministry of Corporate Affairs has clarified that while taking CSR activities under the Act, the Company must not contravene any other laws of the land including Cigarette and Other Tobacco Products Act 2003.

The rules can be accessed at
http://www.mca.gov. in/Ministry/pdf/Notification_CSR_30052016.pdf and notification at http://www.mca.gov.in/Ministry/pdf/General_ circular05_16052016.pdf

3. Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Amendment Rules, 2016

The Ministry of Corporate Affairs has vide Notification dated 4th April 2016 made an Amendment to the Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Rules, 2015.

Rule 3 has been substituted with the following proviso “Provided that the companies in banking, insurance, power sector, non-banking financial companies and housing finance companies need not file financial statements under this rule”.

The rules can be accessed at
http://www.mca.gov.in/ Ministry/pdf/Rules_06042016.pdf

4. Notification constituting the National Company Law Tribunal and National Company Law Appellate Tribunal under Sections 408 and 410 respectively of the Companies Act, 2013

The Central Government has by Notification No S.O. 1933 (E ) dated 1st June 2016 constituted the National Company Law Appellate Tribunal for hearing appeals against the orders of the National Company Law Tribunal with effect from the 1st day of June, 2016

The Notification can be accessed at
http://www.mca. gov.in/Ministry/pdf/Notification_02062016_II.pdf

5. Commencement Notification under Section 1(3) of the Companies Act, 2013 and Notification constituting the Benches of National Company Law Tribunal
The Ministry of Corporate Affairs has vide Notification S.O. 1934(E) dated 1st June 2016 has notified the various sections of the Companies Act 2013 that have come into force.

The list can be accessed at http://www.mca.gov.in/ Ministry/pdf/Notification_02062016_I.pdf

The Central Government has also constituted the following Benches of the National Company Law Tribunal:

6. Transfer of matters or proceedings or cases pending before the Company Law Board to National Company Law Tribunal

The Ministry of Corporate Affairs has vide Notification S.O. 1936(E) dated 1st June 2016 declared that w.e.f 01st day of June, 2016, all matters or proceedings or cases pending before the Board of Company Law Administration (Company Law Board) shall stand transferred to the National Company Law Tribunal and it shall dispose of such matters or proceedings or cases in accordance with the provisions of the Companies Act, 2013 or the Companies Act, 1956.

The Notification can be accessed at
http://www.mca. gov.in/Ministry/pdf/Notification_02062016_III.pdf

7. Special Courts Under Section 435 Of Companies Act, 2013

The Ministry of Corporate Affairs has vide Notification S.O. 1796(E) dated 18th May 2016 after obtaining the concurrence of the respective Chief Justices of the High Courts, designates the following Courts mentioned in the Table below as Special Courts for the purposes of trial of offences punishable under the Companies Act, 2013 with imprisonment of two years or more in terms of section 435 of the Companies Act, 2013, namely:

The aforesaid Courts shall exercise the jurisdiction as Special Courts in respect of jurisdiction mentioned.

The notification can be accessed at             
http://www.mca.gov.in/Ministry/pdf/NotificationOrder_19052016_2.pdf

8. The Companies Amendment Bill 2016
The Companies Amendment Bill 2016 as passed by the Lok Sabha can be accessed at http://www.mca. gov.in/Ministry/pdf/Company_AmendentBill_2016.pdf. The same is not in force as yet.

Part D ETHICS, GOVERNANCE & ACCOUNTABILITY

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“Ethics has to do with what my feelings tell me is right or wrong.”

“Ethics has to do with my religious beliefs.” “Being ethical is doing what the law requires.”
“Ethics consists of the standards of behavior our society accepts.”
“I don’t know what the word means.”

Don’t you think on similar lines? The meaning of “ethics” is hard to pin down, and the views many people have about ethics are shaky.

What, then, is ethics? At its simplest, ethics is a system of moral principles. They affect how people make decisions and lead their lives. Ethics is concerned with what is good for individuals and society and is also described as moral philosophy. The term is derived from the Greek word ethos which can mean custom, habit, character or disposition.

Ethics covers the following dilemmas:

how to live a good life

our rights and responsibilities

the language of right and wrong

Moral decisions – what is good and bad?

Our concepts of ethics have been derived from religions, philosophies and cultures. They infuse debates on topics like abortion, human rights and professional conduct.

RTI Clinic in July 2016: 2nd, 3rd, 4th Saturday, i.e. 9th, 16th, and 23rd 11.00 to 13.00 at BCAS premises.

Part C Iinformation On & Around

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Committee to look into feasibility of special stamps for RTI
The Department of Posts said it has to constitute a fresh committee, with the approval of competent authority, to examine the feasibility of usage of RTI stamps as RTI fee and furnish a report on their recommendations.

A previous committee comprising representatives from postal department, DoPT and Central Information Commission had concluded that the amount charged under RTI is a fee not related to a postal article thus according to the present Indian Postal Act, 1898, postage stamps cannot be used for payment of RTI fee or costs.

RTI gets a memorial in Rajasthan

Ironic though it may sound, a unique memorial celebrating the Right to Information has come up in the Beawar town of Rajasthan — where the RTI movement had started 20 years ago — at a time when the Bhartiya Janata Party government in the State has opted to delete chapters on the evolution of RTI campaign and law from its school textbooks. Hundreds of people from all walks of life, who gathered at Chang Gate in Beawar on Thursday night to commemorate the historic 40-day dharna of 1996 for RTI , witnessed unveiling of the aesthetically-built memorial and demanded restoration of chapters dealing with common people’s contribution to RTI in the textbooks.

RTI plea: It took Govt of India 16 months to disclose report recommending new coastal regulation norms
Sixteen months after a Right to Information (RTI ) application was filed, the Ministry of Environment, Forest and Climate Change (MoEFCC) has disclosed a copy of the “Report of the Committee to Review the Issues relating to the Coastal Regulation Zone, 2011” to Kanchi Kohli, a well-known environmental expert. This disclosure came after an order of Information Commissioner Prof. M Sridhar Acharyulu on May 13, 2016 which stated that the ministry “cannot invent a new defense or exemption such as ‘the report is under submission’, ‘file is pending consideration’ and ‘unless approved it cannot be given’, etc, which are not available under RTI Act, 2005, such an illegal refusal will amount to denial of information which would invite penal proceedings u/s. 20 of RTI Act, 2005.

IGNOU to offer diploma course on Right to Information

In order to encourage people to understand societal relevance of the Right to Information Act and its nuances, the Indira Gandhi National Open University (IGNOU) has decided to introduce certificate and diploma courses in the subject. The Central Information Commission (CIC) has extended its support to the university to work out the courses, which will form compulsory part of the training module for all Central Government employees.

the subject. The Central Information Commission (CIC) has extended its support to the university to work out the courses, which will form compulsory part of the training module for all Central Government employees.

Part B RTI Act, 2005

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Delhi High Court criticised the Legislative Department for filing an unnecessary Writ Petition against the Order of Central Information Commission (of M Sridhar Acharyulu, CIC) directing the Government to update and upload all the latest amended bare Acts, to examine the functionality of its e-mail ID and develop an appropriate RTI filing mechanism. Justice Manmohan of Delhi High Court directed Legislative Department to recover Rs.10,000/- which was awarded as compensation by CIC, from the salary of the Government officials who authorized the filing of this unwarranted writ petition and pay the same to the Library. Vansh Sharad Gupta, a student of NLSUI, had filed this RTI application through e-mail, to know the e-mail ID of CPIO, Legislative department. He could not access the text of Indian Christian Marriage Act, 1972 from the website, though he could find the Bare Act. It was impossible to read as that PDF of Bare Act was not formatted and each sentence was intercepted by trash. He appealed to provide the bare Acts (enactments without commentary) in a readable PDF format. The Commission directed the Department to inform the complainant as to what action had been taken including details of the programme of updation, the possible date of its completion, expenditure involved, personnel employed etc. CIC had also directed the petitioner to pay Rs.10,000/- to the library of University, for causing loss of time of several law students, more specifically of the appellant, not providing easy access to email, or not making email ids easily available, delaying the information etc, within one month. The Department chose to challenge this order in Delhi High Court. In the writ petition, Legislation department contended that student never filed an RTI application in the prescribed form with the requisite fee and did not even file first appeal. Rejecting this petition Justice Manmohan held; “This Court is not an appellate Court of the CIC. Technical and procedural arguments cannot be allowed to come in the way of substantial justice. The directions given by the CIC in the impugned order are not only fair and reasonable but also promote the concept of rule of law. It is unfortunate that the petitioner did not take the initiative on its own to upload the latest amended bare Acts. Public can be expected to follow the law only if law is easily accessible ‘at the click of a button’. HC said: “In fact, as rightly pointed out by the CIC, the RTI Act itself mandates the Government to place the texts of enactments in public domain. This Court also took judicial notice of the fact that in challenging the imposition of costs of Rs.10,000/-, the Government of India would have spent more money in filing the present writ petition. Consequently, this Court is of the view that the costs of Rs.10,000/- which was directed to be paid by the CIC, should be recovered from the salary of the Government officials who authorized the filing of the present writ petition”.

Some learning from the case:
1. It is the duty of law ministry to upload updated enactments for people.

2. Department has to change their systems in response to the issues raised in RTI requests.

3. People have right to know law in their own language

4. It is the duty of Law Ministry to disclose the law, which they want people to follow.

5. Public Authority has to pay compensation for violation of sections 4 and 3

6. State should not be a cantankerous litigant

7. There is no routine appeal available from decision of Information Commission

Part A Decision of CIC

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CIC judgment: Delhi Lt . Governor reports to Centre can be made available under RTI

The decision by Information Commissioner Sridhar Acharayulu stated that the office of the Delhi Lieutenant Governor (LG) was a “public office” under the RTI Act.

“The Commission agrees with the contention of appellant that Article163(3) of the Constitution does not apply to the Union Territory of Delhi, which could be invoked only in case of a full-fledged state and not to a UT with an assembly like Delhi. Delhi is a union territory and there are specific provisions under the Constitution of India in Article 239AA. There is no mention of any provision like protecting the advice given to LG as available under Article 74 (2) (regarding President) and Article 163 (3) (regarding governors). More over Article 163(3) applies specifically to the ‘advice of a Council of Ministers to the Governor’. The information sought here is a report sent by the UT Administrator to Union Government or President. Article 163 has nothing to do with this communication,” says the order.

Going a step further, the CIC has held that even in case of information given to the President or Governor of a state, the material on the basis of which decisions are taken is not privileged information and is open to scrutiny.

“Even in those cases where Article 163(3) applies, there is no immunity from disclosure,” said the order.

“If the documents pertain to affairs of state, they cannot be withheld by state as privileged documents under Evidence Act, but has to disclose under RTI Act, subject only to section 8 and 9. Privilege for non disclosure of documents in the name of ‘affairs of state’ under Section 123 of Evidence Act is no more available to any public authority with the advent of transparency regime, which overrides the archaic law of privilege as specified in section 22, Right to Information Act 2005. Privilege as an excuse for secrecy of information about affairs of state is antithesis to democracy, and not available,” held the CIC.

“There is no bar against citizen from having a copy of the advice/report of LG to Union government. The Supreme Court has clarified in a landmark case S. R. Bommai case that the material forming basis of advice given to Governor could be subject matter of judicial review, which clearly means information could be disclosed,” said the order.

From Published Accounts

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Section B: Restatement of f inancial statements as per SEBI
directives pursuant to ‘Basis of Qualified Opinion’ – disclosures in
Consolidated Financial Statements GMR Infrastr uct ure Ltd . (31-3-2015)
From Notes to Consolidated Financial Statements

NOTE 30
During
the year ended 31st March, 2015, the Company (‘GIL’) received a letter
from National Stock Exchange of India Limited (‘NSE’) whereby Securities
and Exchange Board of India (‘SEBI’) directed NSE to advise the Company
to restate the consolidated financial statements of the Group for the
year ended 31st March, 2013 for the qualifications in the Auditor’s
Report for the year then ended in respect of the matters stated in the
Paragraph 1 and 2 of ‘Basis for Qualified Opinion’ in the said Auditor’s
Report, pursuant to the Paragraph 5(d)(ii) of the SEBI Circular
CIR/CFD/DIL/7/2012 dated August 13, 2012. Further, SEBI vide Circular
CIR/ CFD/DIL/9/2013 dated 5th June, 2013 had clarified that restatement
of books of account indicated in Paragraph 5 of the aforesaid circular
shall mean that the Company is required to disclose the effect of
revised financial accounts by way of revised proforma financial results
immediately to the shareholders through Stock Exchanges. However, the
financial effects of the revision may be carried out in the annual
accounts of the subsequent financial year as a prior period item.

In
response to its representations made, the Company received a letter
from SEBI dated 27th April, 2015, whereby SEBI has reiterated its
earlier advice for restatement of financial results, in terms of the
aforementioned circulars. Further, SEBI has advised the Company to
restate financial results for financial year 2012-13 and 2013-14 and the
effect of these restatement adjustments may be carried out in the
annual accounts of the financial year 2014-15, as a prior period item in
terms of the aforementioned circulars. With regard to matter described
in note 43(iii), the Group made adjustments in these consolidated
financial statements for the year ended 31st March, 2015. With regard to
the matter described in note 44(ii)(b), the Hon’ble High Court of
Delhi, while hearing the writ petition filed by the Group in this
regard, directed SEBI not to insist on restatement of accounts till the
next hearing date, which is scheduled on 4th September, 2015. Further,
the High Court of Delhi directed the Company that if the accounts for
2014-15 are prepared, the aforementioned issue will be reflected in the
accounts and the effect of both capitalisation and non-capitalisation on
the net worth will also be disclosed in due prominence, in the
financial accounts prepared by the Company. Refer note 44(ii)(b) for the
disclosure of such effects.

NOTE 44 – MATTERS RELATED TO CERTAIN POWER SECTOR ENTITIES

i) …

ii) a) …

b)
In respect of plant under construction at Rajahmundry, pending securing
supply of requisite natural gas, the Group has put on hold active
construction work of the plant. The management of the Group believes
that the indirect expenditure attributable to the construction of the
project and borrowing costs incurred during the period of uncertainty
around securing gas supplies qualifies for capitalisation under
paragraphs 9.3 and 9.4 of AS -10 and paragraphs 18 and 19 of AS -16. The
subsidiary setting up the plant had approached the Ministry of
Corporate Affairs (‘MCA’) seeking clarification/relaxation on
applicability of the aforementioned paragraphs to the gas availability
situation referred in note 44(ii)(a) above. MCA vide its General
Circular No. 35/2014 dated 27th August, 2014 on capitalisation under
AS-10 and capitalisation of borrowing cost during extended delay in
commercial production has clarified that only such expenditure which
increases the worth of the assets can be capitalised to the cost of the
fixed assets as prescribed by AS 10 and AS 16. Further, the circular
states that cost incurred during the extended delay in commencement of
commercial production after the plant is otherwise ready does not
increase the worth of fixed assets and therefore such costs cannot be
capitalised. The Group approached MCA seeking further clarification on
the applicability of the said Circular to its Rajahmundry plant and
pending receipt of requisite clarification, the Group has continued the
capitalisation of the aforesaid expenses of Rs.1,104.92 crore (including
Rs. 424.97 crore for the current year) cumulatively upto 31st March,
2015. Further as detailed in note 30 above, during the year ended 31st
March, 2015, the Company received a letter from NSE whereby SEBI has
directed NSE to advise the Company to restate the consolidated financial
statements of the Group for the year ended 31st March, 2013 as regards
the qualification on continuance of capitalization as stated aforesaid,
post cessation of active construction work. SEBI advised the Company
that the effect of these restatement adjustments may be carried out in
the annual accounts of the financial year 2014-15, as a prior period
item. The Company filed a writ petition with the Hon’ble High Court of
Delhi in this regard. In response to the writ petition filed by the
Company, the Hon’ble High Court of Delhi directed the Company that if
the accounts for 2014-2015 are prepared, the aforementioned issue will
be reflected in the accounts and the effect of both capitalisation and
non-capitalisation on the networth will also be disclosed in due
prominence, in the financial accounts prepared by the Company.
Accordingly the effect of charging off the above expenses to the
consolidated statement of profit and loss on the net worth of the Group
is disclosed below:

*
Net worth has been calculated as per the definition of net worth in
Guidance Note on “Terms used in Financial Statements” issued by the
Institute of Chartered Accountants of India.

From Auditors’ Report

Basis for Qualified Opinion

1.
As detailed in Note 44(ii)(b) to the accompanying consolidated
financial statements for the year ended 31st March, 2015, GMR
Rajahmundry Energy Limited (‘GREL’), a subsidiary of GIL, not audited by
us, has capitalised Rs. 424.97 crore and Rs. 1,104.92 crore for the
year ended and cumulatively upto 31st March, 2015 respectively towards
indirect expenditure and borrowing costs (net of income earned during
aforementioned period) incurred on a plant under construction where
active construction work has been put on hold pending securing supply of
requisite natural gas and has approached the Ministry of Corporate
Affairs (‘MCA’) seeking clarification on the applicability of the
General Circular 35/2014 dated 27th August, 2014 issued by MCA. However,
in our opinion, the aforesaid capitalisation of such expenses is not in
accordance with the relevant Accounting Standards. Had the aforesaid
expenditure not been capitalised, loss after tax and minority interest
of the Group for the year ended and cumulatively upto 31st March, 2015
would have been higher by Rs. 393.88 crore and Rs. 1,059.62 crore
respectively. In respect of the above matter, our audit report for the
year ended 31st March, 2014 was similarly qualified. In this regard,
also refer sub-paragraph 2 and 4 in Emphasis of Matter paragraph.

2.
As detailed in Note 43(iii) to the accompanying consolidated financial
statements for the year ended March 31, 2015, GMR Kishangarh Udaipur
Ahmedabad Expressways Limited (‘GKUAEL’), a subsidiary of GIL, not
audited by us, issued a notice of intention to terminate the Concession
Agreement with National Highways Authority of India (‘NHAI’) during the
earlier year and a notice of dispute to NHAI invoking arbitration
provisions of the Concession Agreement during the current year. Both the
parties have appointed their arbitrators and the arbitration process is
pending commencement.

As at 31st March, 2015, GKUAEL has
incurred and capitalised indirect expenditure and borrowing costs of
Rs.130.99 crore (including Rs. 6.56 crore incurred during the year ended
31st March, 2015) and has given capital advances of Rs. 590.00 crore to
its EPC Contractor. The Group also provided a bank guarantee of Rs.
269.36 crore to NHAI. Pursuant to the notice of dispute, GKUAEL
terminated the EPC contract on 15th May, 2015, transferred the aforesaid
project costs of Rs. 130.99 crore to claims recoverable and consequent
to the letter received from National Stock Exchange of India Limited
(‘NSE’), as referred in note 30 to the accompanying consolidated
financial statements, the Group has made a provision of Rs. 130.99 crore
towards such claims recoverable including Rs. 124.43 crore pertaining
to earlier years.

The notice of dispute and initiation of
arbitration proceedings, indicate the existence of a material
uncertainty that may cast a significant doubt about the going concern of
the GKUAEL and its impact on the net assets/bank guarantee provided by
the Group. Having regard to the uncertainty, we are unable to comment on
the final outcome of the matter and its consequential impact on the
consolidated financial statements for the year ended 31st March, 2015.
In respect of the above matter, our audit report for the year ended 31st
March, 2014 was similarly qualified. In this regard, also refer
sub-paragraph 2 in Emphasis of Matter paragraph.

3 and 4 – not reproduced

Qualified
Opinion In our opinion and to the best of our information and according
to the explanations given to us, except for the effect of the matters
described in sub-paragraphs 1 and 4 and the possible effect of the
matters described in sub-paragraphs 2 and 3 in the Basis for Qualified
Opinion paragraph, the aforesaid consolidated financial statements give
the information required by the Act in the manner so required and give a
true and fair view in conformity with the accounting principles
generally accepted in India, of the consolidated state of affairs of the
Group as at 31st March, 2015, its consolidated losses and its
consolidated cash flows for the year ended on that date.

Emphasis of Matter
We
draw attention to the following matters in the notes to the
accompanying consolidated financial statements for the year ended 31st
March, 2015:

1. …

2. N ote 30 regarding the receipt of a
letter by GIL from NSE whereby Securities and Exchange Board of India
(‘SEBI’) has directed NSE to advise GIL to restate the consolidated
financial statements of the Group for the year ended 31st March, 2013
for qualifications in the Auditor’s Report referred in the
aforementioned note, within the period specified and in terms of clause
5(d)(ii) of the SEBI Circulars dated 13st August, 2012 and 5th June,
2013. The Group has made adjustments in these consolidated financial
statements with regard to the matter described in note 43(iii) to the
accompanying consolidated financial statements. With regard to the
matter described in note 44(ii) (b) to the accompanying consolidated
financial statements, the Hon’ble High Court of Delhi, while hearing the
writ petition filed by the Group, directed SEBI not to insist on
restatement of accounts till the next hearing date. Also refer
sub-paragraphs 1 and 2 in Basis for Qualified Opinion paragraph.

3. …

4.
N ote 44(ii)(a) regarding (i) cessation of operations and the losses
including cash losses incurred by GMR Energy Limited (‘GEL’) and GMR
Vemagiri Power Generation Limited (‘GVPGL’), subsidiaries of GIL, and
the consequent erosion of net worth resulting from the unavailability of
adequate supply of natural gas; and (ii) rescheduling of the commercial
operation date and the repayment of certain project loans by GREL,
pending linkage of natural gas supply. Continued uncertainty exists as
to the availability of adequate supply of natural gas which is necessary
to conduct operations at varying levels of capacity in the future and
the appropriateness of the going concern assumption is dependent on the
ability of the aforesaid entities to establish consistent profitable
operations as well as raising adequate finance to meet their short term
and long term obligations. The accompanying consolidated financial
statements for the year ended 31st March, 2015 do not include any
adjustments that might result from the outcome of this significant
uncertainty.

5 to 11 – not reproduced

Our opinion is not qualified in respect of the aforesaid matters.

From The President

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Dear Members,

A Happy New Year 2016!

Time changes everything. Time is insurmountable, incomprehensible. Time is short and Time is infinite. Time cannot be owned, it is that which we cannot hoard. Our relationship with time changes our relationship with life itself. Time is the sphere in which all that we know appears and vanishes. New beginnings appear in time and endings seem to stop time.

On the Christmas Eve we lost a person to whom BCAS meant a lot. Shri Narayan Varma, our president in 1978- 79, was a bedrock of support and a fountainhead of inspiration to the Society. He contributed to the activities of the Society in every way possible, for BCAS was so dear to his heart. He carvednew pathways, innovative events and programs and was a living example of what dedication meant. I remember, one day he came to a BCAS committee meeting after being discharged from the hospital the same day or a day before, after a long and serious condition he had undergone treatment for. In spite of his age, experience and seniority he was always approachable and happy to help. Each time I met him, he had a new idea about what we can do at the Society. But he never stopped at giving suggestions alone, he would make things happen. He was relentless, offering voluntary services to several institutions through his time, ideas and money, to initiatives that could result in larger well being of all. We all know him for his remarkable contribution to RTI activities, Shri Narayan Varma authored books, arranged events, ran free RTI clinic, and joined hands with other likeminded institution to foster RTI . BCAS salutes his generous and active voluntary service of more than 5 decades in several roles – as office bearer, president, publisher of BCA Journal, trustee of BCAS Foundation, a member of the managing committee for the longest ever and as someone who was there always, and in all ways.

South India floods & Climate Change
Our hearts go out to people in Tamil Nadu, where several hundred people lost their lives. BCAS launched its fund raising drive to support relief efforts. Many people responded instantly and contributed generously. We are grateful for your support.

Such catastrophe brings into focus the issue of climate change that is likely to affect more than 800 million people in India. A more common sense, urgent and simple solution is what we need. It is said that nearly 2/3 of permissible emission target for the 21st century is already crossed and Homo sapiens continue to poison the roots of its own survival. There is a lot of talk about saving our planet. However, earth does not really need us. Earth has survived millions of years and is more intelligent than our species which has evolved from it. What is needed is – for us to save ourselves.

As I write, December 2015 witnessed devastating floods in the UK too, estimated to have caused damages of more than £ 1.5b. Texas was hit by a tornado during the Christmas weekend. This Christmas has been one of the warmest ever in several parts of the world. Blizzards, storms, floods, tornadoes, forest fires, are some common words we read in news. Our obsession with the word economy and careless disregard for ecology has brought us to the edge not far from a chasm that is deep and dangerous. Although, etymologically, both words come from the root ECO (Oikos, in greek) which means home. Today’s economists still ‘manage’ our home without understanding what ‘home’ is. Unfortunately, all this is making a large number of people walk on the knife’s edge, making us believe we can dodge warning signs that are loud, visible and eloquent. Gaylord Nelson, founder of Earth Day wrote, “The wealth of the nation is its air, water, soil, forests, minerals, rivers, lakes, oceans andbiodiversity. That’s all there is. That’s the whole economy. These biological systems are the sustaining wealth of the world.” Money as the sole measure of growth seems like a silly, absurd and bizarre proposition. Until we end the rule of money, we are stuck in the reverse gear. Like Pope Francis told the World Economic Forum in 2014 – “I ask you to ensure that humanity is served by wealth and not ruled by it”

Many paradigms of ‘growth’ are redundant to the extent that they are misleading. The theme of more and more money, as the pre dominant measure of ‘success’, is leading our species towards the edge of its own destruction. The paradigms of development propounded by the ‘developed’ world have become sure pathways to trouble. In the coming years, India will have to work towards paving a road that is simple and straight. Recent news about one Mr. Manoj Bhargav, bringing out a solution where through cycling one can generate enough power to light a rural household is heartening. India has several innovations that can be quickly implemented and are affordable, and we hope this can be one such solution that will serve our rural brethren. When asked, what he considered as important attributes of such innovations, Manoj said – common sense and a sense of urgency.

A new year is a time to reflect, refresh and re-chart the course of life. It is that time, a threshold that is filled with opportunity, anticipation and fresh perspectives to be explored. I hope we can take up at least three things, one to work on ourselves, one to work for our fellow men and one to improve our personal and family’s environmental record. May the New Year bring peace, love and joy and may you be its mascot in your circle of influence

As I write, December 2015 witnessed devastating floods in the UK too, estimated to have caused damages of more than £ 1.5b. Texas was hit by a tornado during the Christmas weekend. This Christmas has been one of the warmest ever in several parts of the world. Blizzards, storms, floods, tornadoes, forest fires, are some common words we read in news. Our obsession with the word economy and careless disregard for ecology has brought us to the edge not far from a chasm that is deep and dangerous. Although, etymologically, both words come from the root ECO (Oikos, in greek) which means home. Today’s economists still ‘manage’ our home without understanding what ‘home’ is. Unfortunately, all this is making a large number of people walk on the knife’s edge, making us believe we can dodge warning signs that are loud, visible and eloquent. Gaylord Nelson, founder of Earth Day wrote, “The wealth of the nation is its air, water, soil, forests, minerals, rivers, lakes, oceans and biodiversity. That’s all there is. That’s the whole economy. These biological systems are the sustaining wealth of the world.” Money as the sole measure of growth seems like a silly, absurd and bizarre proposition. Until we end the rule of money, we are stuck in the reverse gear. Like Pope Francis told the World Economic Forum in 2014 – “I ask you to ensure that humanity is served by wealth and not ruled by it”

Many paradigms of ‘growth’ are redundant to the extent that they are misleading. The theme of more and more money, as the pre dominant measure of ‘success’, is leading our species towards the edge of its own destruction. The paradigms of development propounded by the ‘developed’ world have become sure pathways to trouble. In the coming years, India will have to work towards paving a road that is simple and straight. Recent news about one Mr. Manoj Bhargav, bringing out a solution where through cycling one can generate enough power to light a rural household is heartening. India has several innovations that can be quickly implemented and are affordable, and we hope this can be one such solution that will serve our rural brethren. When asked, what he considered as important attributes of such innovations,
Manoj said – common sense and a sense of urgency.

A new year is a time to reflect, refresh and re-chart the course of life. It is that time, a threshold that is filled with opportunity, anticipation and fresh perspectives to be explored. I hope we can take up at least three things, one to work on ourselves, one to work for our fellow men and one to improve our personal and family’s environmental record. May the New Year bring peace, love and joy and may you be its mascot in your circle of influence.

From Published Accounts

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Section A:
Disclosure in Directors’ Report on Internal Financial Controls for the financial year 2015-16

Compilers’ Note
In all the following cases, the report of the statutory auditors u/s. 143(3)(i) of the Companies Act, 2013 on Internal Financial Controls over Financial Reporting is unmodified.

Tata Consultancy Services Ltd.
The details in respect of internal financial control and their adequacy are included in the Management Discussion & Analysis, which forms part of this report.

Internal Financial Control Systems and their Adequacy

TCS has aligned its current systems of internal financial control with the requirement of Companies Act 2013, on lines of globally accepted risk based framework as issued by the committee of sponsoring organisations (COSO) of the treadway commission. The Internal Control – Integrated Framework (the 2013 framework) is intended to increase transparency and accountability in an organisation’s process of designing and implementing a system of internal control. The framework requires a company to identify and analyse risks and manage appropriate responses. The Company has successfully laid down the framework and ensured its effectiveness.

TCS’s internal controls are commensurate with its size and the nature of its operations. These have been designed to provide reasonable assurance with regard to recording and providing reliable financial and operational information, complying with applicable statutes, safeguarding assets from unauthorised use, executing transactions with proper authorisation and ensuring compliance of corporate policies. TCS has a well-defined delegation of power with authority limits for approving revenue as well as expenditure. Processes for formulating and reviewing annual and long term business plans have been laid down. TCS uses a state-of-the-art enterprise resource planning (ERP) system to record data for accounting, consolidation and management information purposes and connects to different locations for efficient exchange of information. It has continued its efforts to align all its processes and controls with global best practices.

Our management assessed the effectiveness of the Company’s internal control over financial reporting (as defined in Clause 17 of SEBI Regulations 2015) as of March 31, 2016. The assessment involved self-review, peer review and external audit.

Deloitte Haskins & Sells LLP, the statutory auditors of TCS has audited the financial statements included in this annual report and has issued an attestation report on our internal control over financial reporting (as defined in section 143 of Companies Act 2013).

TCS has appointed … to oversee and carry out internal audit of its activities. The audit is based on an internal audit plan, which is reviewed each year in consultation with the statutory auditors … and the audit committee. In line with international practice, the conduct of internal audit is oriented towards the review of internal controls and risks in its operations such as software delivery, accounting and finance, procurement, employee engagement, travel, insurance, IT processes, including most of the subsidiaries and foreign branches.

TCS also undergoes periodic audit by specialised third party consultant and professional for business specific compliance such as quality management, service management, information security, etc.

The audit committee reviews reports submitted by the management and audit reports submitted by internal auditors and statutory auditors. Suggestions for improvement are considered and the audit committee follows up on corrective action. The audit committee also meets TCS’ statutory auditors to ascertain, inter alia, their views on the adequacy of internal control systems and keeps the board of directors informed of its major observations, periodically.

Based on its evaluation (as defined in section 177 of Companies Act 2013 and Clause 18 of SEBI Regulations 2015), our audit committee has concluded that, as of March 31, 2016, our internal financial controls were adequate and operating effectively.

Vedanta Ltd.

Internal financial Controls

The Board of Directors (Board) has devised systems, policies and procedures / frameworks, which are currently operational within the Company for ensuring the orderly and efficient conduct of its business, which includes adherence to Company’s policies, safeguarding assets of the Company, prevention and detection of frauds and errors, accuracy and completeness of the accounting records and timely preparation of reliable financial information. In line with best practices, the Audit Committee and the Board reviews these internal control systems to ensure they remain effective and are achieving their intended purpose. Where weaknesses, if any, are identified as a result of the reviews, new procedures are put in place to strengthen controls. These controls are in turn reviewed at regular intervals.

The systems / frameworks include proper delegation of authority, operating philosophies, policies and procedures, effective IT systems aligned to business requirements, an internal audit framework, an ethics framework, a risk management framework and adequate segregation of duties to ensure an acceptable level of risk. Documented controls are in place for business processes and IT general controls. Key controls are tested by entities to assure that these are operating effectively. Besides, the Company has also adopted an SAP GRC (Governance, Risk and Compliance) framework to strengthen the internal control and segregation of duties/access. It also follows a half-yearly process of management certification through the Control Self-Assessment framework, which includes financial controls/exposures.

The Company has documented Standard Operating Procedures (SOP) for procurement, project / expansion management capital expenditure, human resources, sales and marketing, finance, treasury, compliance, safety, health, and environment (SHE), and manufacturing.

The Group’s internal audit activity is managed through the Management Assurance Services (‘MAS’) function. It is an important element of the overall process by which the Audit Committee and the Board obtains the assurance on the effectiveness of relevant internal controls.

The scope of work, authority, and resources of MAS are regularly reviewed by the Audit Committee. Besides, its work is supported by the services of leading international accountancy firms.

The Company’s system of internal audit includes: covering monthly physical verification of inventory, a monthly review of accounts and a quarterly review of critical business processes. To enhance internal controls, the internal audit follows a stringent grading mechanism, focusing on the implementation of recommendations of internal auditors. The internal auditors make periodic presentations on audit observations, including the status of follow-up to the Audit Committee.

The Company is required to comply with the provisions of the Companies Act, 2013, as regards maintaining adequate internal financial controls over financial reporting (ICOFR). The Company is also required to comply with the Sarbanes Oxley Act section 404, which pertains to ICOFR. Through the SOX 404 compliance programme, which is aligned to the COSO framework, the Audit Committee and the Board also gains assurance from the management on the adequacy and effectiveness of ICOFR.

In addition, as part of their role, the Board and its Committees routinely monitor the Group’s material business risks. Due to the limitations inherent in any risk management system, the process for identifying, evaluating, and managing the material business risks is designed to manage, rather than eliminate risk. Besides it is created to provide reasonable, but not absolute assurance against material misstatement or loss.

Since the Company has strong internal control systems which get further accentuated by review of SEBI Regulations, Companies Act, 2013 & SOX compliance by the Statutory Auditors, the CEO and CFO give their recommendation for strong internal financial control to the Board.

Based on the information provided, nothing has come to the attention of the Directors to indicate that any material breakdown in the function of these controls, procedures or systems occurred during the year under review. There have been no significant changes in the Company’s internal financial controls during the year that have materially affected, or are reasonably likely to materially affect its internal financial controls.

There are inherent limitations to the effectiveness of any system of disclosure, controls and procedures, including the possibility of human error and the circumvention or overriding of the controls and procedures. Accordingly, even effective disclosure controls and procedures can only provide reasonable assurance of achieving their objectives. Moreover, in the design and evaluation of the Company’s disclosure controls and procedures, the management was required to apply its judgment in evaluating the cost-benefit relationship of possible controls and procedures.

Asian Paints Ltd .

Details on Internal Financial Controls Related to Financial Statements

Your Company has put in place adequate internal financial controls with reference to the financial statements, some of which are outlined below.

Your Company has adopted accounting policies which are in line with the Accounting Standards prescribed in the Companies (Accounting Standards) Rules, 2006 that continue to apply u/s. 133 and other applicable provisions, if any, of the Companies Act, 2013 read with Rule 7 of the Companies (Accounts) Rules, 2014 and relevant provisions of the Companies Act, 1956, to the extent applicable. These are in accordance with generally accepted accounting principles in India. Changes in policies, if any, are approved by the Audit Committee in consultation with the Statutory Auditors.

The policies to ensure uniform accounting treatment are prescribed to the subsidiaries of your Company. The accounts of the subsidiary companies are audited and certified by their respective Statutory Auditors for consolidation.

Your Company operates in SAP, an ERP system, and has many of its accounting records stored in an electronic form and backed up periodically. The ERP system is configured to ensure that all transactions are integrated seamlessly with the underlying books of account. Your Company has automated processes to ensure accurate and timely updation of various master data in the underlying ERP system. Your Company has a robust financial closure selfcertification mechanism wherein the line managers certify adherence to various accounting policies, accounting hygiene and accuracy of provisions and other estimates.

Your Company operates a shared service center which handles all payments made by your Company. This center ensures adherence to all policies laid down by the management.

Your Company in preparing its financial statements makes judgments and estimates based on sound policies and uses external agencies to verify/ validate them as and when appropriate. The basis of such judgments and estimates are also approved by the Statutory Auditors and Audit Committee.

The Management periodically reviews the financial performance of your Company against the approved plans across various parameters and takes necessary action, wherever necessary.

Your Company has a code of conduct applicable to all its employees along with a Whistle Blower Policy which requires employees to update accounting information accurately and in a timely manner. Any non-compliance noticed is to be reported and actioned upon in line with the Whistle Blower Policy.

Your Company gets its Standalone accounts audited every quarter by its Statutory Auditors.

Indirect Taxes

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83. Refund of Swachh Bharat Cess to Exporters and SEZ units :

Notification No. 03/2016 dated 03.02.2016

CBEC vide this Notification allows refund/rebate of Swachh Bharat Cess to exporters and SEZ units. By this notification CBEC seeks to amend Notification No. 39/2012- ST, dated 20th June, 2012 so as to provide for rebate of Swachh Bharat Cess paid on all services, used in providing services exported in terms of rule 6A of the Service Tax Rules.

84. Refund of Service Tax paid on Services used beyond factory for export of goods :

Notification No. 01/2016 dated 03.02.2016
The Board has issued this Notification, amending the Notification No. 41/2012-ST substituting “place of removal” with “factory or any other place or premises of production or manufacture of the said goods” effective from 3rd February, 2016. The impact of such amendment would be allowing refund of service tax paid on expenses incurred post factory gate which hitherto was considered ineligible for refund.

Further Notification No. 41/2012-ST also grants option for claiming refund based on fixed percentage of FOB value of export. The rate of refund as specified in the said notification was fixed when the rate of service tax was 12.36%, the said schedules of rates is now being amended by this Notification No. 01/2016 to give effect of current service tax rate of 14.5 %.

85. Refund of Swachh Bharat Cess paid on Specified Services used in SEZ units :

Notification No. 02/2016 dated 03.02.2016

CBEC vide this Notification seeks to amend Notification No. 12/2013- ST, dated the 1st July, 2013 so as to allow SEZ units, the refund of Swachh Bharat Cess paid on specified services on which ab-initio exemption is admissible but not claimed.

from the president

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Dear Members,

Greetings!

We had a wonderful 6th Residential Study Course (RSC) on IFRS and Ind ASs. Three papers for discussion and two papers for presentation took the participants through a number of facets of Ind ASs implementation. One key takeaway for me was an analysis where the speaker proved the impact of Ind ASs will be minimum and manageable. He demonstrated that in terms of number of adjustments and impact on Revenue Statement and Balance Sheet will not be substantial for most businesses. The excessive hype generally around implementation issues, impact and requisite changes should therefore largely prove to be just that.

It was also heartening to find people from non audit disciplines at the Ind ASs RSC. In recent times, we have seen a tilt towards specialisation and hyper specialisation. However the business universe is far more interconnected and dynamic than ever before. Often specialisation works in compliance arena, but when it comes to giving advice, the approach calls for sound knowledge of a number of facets of the issue. Perhaps there will be some balancing in the profession, and CAs will function as advisors who give comprehensive solutions and direction. Such turnaround, stepping out of compliance practice, would bring a larger part of the profession in a superior trajectory. A speaker did point out that out of what a CFO typically requires; only 9 % relates to tax and accounting which we CAs deal with. I hope as CAs we will step up to deliver the other 91% that market requires.

Make in India – Manufacturing and Job Creation
Global demand remains sluggish and seems to stay that way. Manufacturing in India does have serious disadvantages, from poor infrastructure to terrible regulatory mechanism. The simplest of things could be painful and the obvious could be crammed with unimaginable hurdles. Our advantage is the market. But whether serious value addition can happen in India or not is still a question. Unfortunately, we need urgently a whole ecosystem where an Industry can come, along with all its paraphernalia of suppliers and others and set up a base. The Make in India week seemed to have brought this in focus and now the Rs. 15 lac crores of investment commitment need to translate into actual investments.

What we need today is jobs, more jobs and better jobs. Statistically the correlation between Manufacturing and job creation has weakened. Between 2004-05 and 2009- 10, the employment in manufacturing fell by around 5 million. Presently the chances of high job creation look steep. Automation and artificial intelligence (AI) pose strong challenge to the man who created them. Industrial robots sold increased by 56% in the last year, driven by emerging markets. I heard that AI is being developed to an extent that even call centres will be driven by AI where you will be able to get responses by machines which are faster and in the right tone. Our government has been talking about all the right things, and bringing initiatives such as Digital India, Start up India, Skill India and so on. However, the level of urgency cannot be over emphasized and therefore the scale and pace will need a greater push.

New Leadership at ICAI
Our parent body, ICAI has a new leadership in place with the President Mr. Devaraja Reddy and Vice President Mr. Nilesh S. Vikamsey at the helm. It so happens that both are BCAS members and Mr Vikamsey has been an integral part of the accounting and auditing committee for many years. The Society conveys its best wishes and continued commitment to partner with ICAI in its endeavour of Nation building.

Parliament Functioning
Today, the parliament’s fascination to remain focussed on one or two issues at the detriment of larger problems faced by the nation is becoming rampant and serious. Where farmers commit suicide, where people cannot find meaningful and gainful employment, where investment proposals in industrial sector in value terms are at an 11 years low, where rupee is weakening, companies are over leveraged, banks are ridden with NPAs, should the parliament not focus on matters that have enduring positive effect on the lives of our people? Could we have more deliberations than accusations, can we expect normal functioning rather than pandemonium, will adjournments be replaced by extended hours of working to clear pending business?

Tax Policy
The FM announced the creation of Tax Policy Council (TPC) and Tax Policy Research Unit (TPRU) to make coherent tax policies and ensure independent, multidisciplinary analysis before decisions are made. This is a welcome move arising from the TAR C report. TPRU will carry out impact analysis of new tax measures on immediate state revenues and also the medium and long term impact on behaviour of economic agents and the economy as a whole. We can now hope that this unit will bring out the baneful consequences of issues such as retroactive amendments, and point out side effects of sudden changes, reversals, negation of lawful judgements, that discourage investments. The actions of bureaucracy to collect more taxes, has resulted in creating a perception of Indian tax system as predatory and unfair. Having a bad tax policy and administration is akin to killing the geese that lays golden eggs. We hope that TPRU will be fair, independent and vociferous and brings out projections that will inform formulation of tax laws.

Finance Bill
The Society started a new initiative to have short videos of about 2 minutes by some of our members practicing in tax laws and young professionals speaking about their Budget expectations under specific areas. We received good feedback and therefore we will post more videos after the 29th February on our You Tube channel, Social Media and also circulated via email.

As you read this page, the FM would have presented a Union Budget that we all were looking forward to. No one knows better than the FM that behind good looking macro indicators, lies over capacity, high debt, rancid bank loans, and slackening demand and much more. In the spirit of Holi, let us hope that the FM will sprinkle the colours of structural reform, controlled spending, and big bang tax reforms, if not more. Time is running out and destinies of a billion plus people are involved!

Ethics and U

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Arjun (A) — O’Lord, I am very much disturbed today.

Shrikrishna (S) —Why? What happened?

A — I really wonder how to protect myself in the profession!

S — I have been telling you what precautions you need to take. Eternal vigilance, dear Arjuna, eternal vigilance!

A    — I have lost my sleep!

S — Your motto is Ya Esha Supteshu Jagarti. He who is awake when the world around is asleep.

A    — That I know. So long as I am physically awake, I have to be alert, do everything diligently with open eyes. That I understand.

S — Right. Speak the truth; do your duties religiously and never commit default in continuous studies. Not merely for CPE hours, but also for real updation of knowledge.

A — I agree. But now that much is not enough.

S — You need to be disciplined, pro-active and wellorganised! Follow the rules of ethics that we have been discussing all along.

A    — Hey Bhagwan, my worry is absolutely different. Nothing to do with what is in our hands! It is beyond all precautions that one can take!

S — What do you mean? If you follow all these tips, then what is the problem?

A    — Somebody has forged my CA friend’s signature on the balance sheet; and while uploading the returns, put my friend’s name as auditor!

S — How did he come to know about it?

A    — The Banker to whom the client submitted the balance sheet rang him up to confirm whether the CA had really signed it.

S — And the signature tallies?

A — Largely, yes. Very difficult to say that it is not his signature. So skilfully forged!

S — And the seal?

A    — There, fortunately, there is some variation. But there was another case reported in the press. Out of 20 companies in the same group, the promoters forged the signatures of a few auditors. Now the promoter is behind the bars.

S — O h! This is dangerous.

A    — There is already a disciplinary case going on against another friend of mine where balance sheets with his forged signatures were filed with a nationalised bank – in a branch in a totally remote place. This CA has never ever handled any client’s work from that place!

S — Then who filed the complaint?

A    — Obviously, the banker. The borrowers’ accounts became NPAs.

S — I am sure; the borrowers were in collusion with the banker.

A    — That is obvious. That branch manager is facing a departmental enquiry for such malpractices.

S — Then what is the problem?

A    — See, problems are many. Firstly, all our disciplinary proceedings last for not less than 3 to 4 years! So carry that tension. Then, whatever diligence you may have, such things are beyond your control. So, constant fear. Further, your image with the bank unnecessarily gets spoilt.

S — I know one such case. A CA in Kolhapur received some accounts for submission to the bank. He saw that it was apparently signed by a CA in Mumbai who happened to be his friend. Immediately, he called up his friend and asked whether he had really signed it.

A    — Good. That’s how a CA should act. And then what happened? I guess he denied having signed it.

S — You are right! So a lot of trouble was saved. The client destroyed the papers.

A    — But I wonder what one should do in such a situation.

S — I feel, one should inform the police authorities about the forgery.

A    — But in our country, approaching the police is also risky and not easy! They only harass you.

S — Then one should also inform the Institute; so that if at all any complaint comes, this will prove one’s bonafides.

A    — But what will the Institute do?

S — Frankly, at that stage nothing can be done. But at least it is on record.

A    — I think one should write to the bank as well.

S — Bankers should be advised to verify such things as a matter of routine, so that malpractices will be exposed before any damage is caused to anyone.

A — Yes; and it is in the interest of the banker as well. But the unfortunate part is that quite often bankers also could be doing it knowingly.

S — The real solution would perhaps be the digitalisation of signatures.

A — True. But it will take a little more time for that culture to develop fully in our country.

S — But then, you people do not even handle the digital signatures carefully! DSCs are lying anywhere in your offices, indiscreetly.

A    — I know. There are situations where CAs have misplaced clients’ DSCs. Very embarrassing!

S — You must study the provisions of the I.T.

Act – Not merely Income Tax; but Information Technology. DSCs should be preserved with utmost care and security.

Otherwise, even God will find it difficult to save you! And there should be very careful documentation.

A    — Yes, Lord! I fully agree. Prevention is better than cure. We simply can’t afford to handle such things loosely.

S — Remember, today if the manual signature is forged, perhaps the forensic studies will help you. But if it is misuse of digital signature, then don’t even approach ME for help.

A    — Sure, Lord! I will keep it in mind always. Om shanti !!!!!

Note

This dialogue is based on the general principles of diligence in unforeseen situations. _

Allied Laws

9.  Abatement of decree in case of death of sole
defendant – Decree passed in ignorance of such death – Held to be null and
void. [Code of Civil Procedure, 1908, Order XXII].

Angadi Srinivasa and Ors. vs. M. Girija AIR 2016 Karn. 176 (HC)

The substantial question of law raised for consideration before the
Karnataka High Court was “whether the decree passed by the Lower Appellate Court, in ignorance of the death of the
respondent before it is sustainable
in law?”

The husband and father of the
appellants – Angadi Srinivasa, was the sole defendant. The suit was filed by
the respondent herein for passing a decree of ejectment against Sri Angadi
Srinivasa and for delivery of vacant possession of the suit premises. The
defendant/respondent died on 25.12.2010. Death of the respondent was not
informed and the legal representatives of the deceased were not brought on
record by the appellant. Upon hearing the arguments, the appeal was allowed and
the judgment and decree passed by the Trial Court was set aside and the suit
was decreed with costs. The defendant was directed to vacate and hand over
vacant possession of the suit property to the plaintiff within a period of
three months and pay damages.

Learned advocate contended that as the sole defendant, who was the
sole respondent in the appeal died during the pendency of the appeal before the
Lower Appellate Court and his L.Rs. having not been brought on record, the
Lower Appellate Court has committed illegality in allowing the appeal and
setting aside the decree of dismissal of the suit passed by the Trial Court.

Learned advocate for the defendant, on the other hand, contended
that the defendant having failed to appear and file written statement to the
suit, that in view of the provision made as per Order 22 Rule 4(4) CPC, the
impugned decree is sustainable.

In the case of MOHD. SAFDAR SHAREEF (DIED) PER L.RS. AND OTHERS
vs. MOHAMMED ALI (DIED) PER L.R. 1993(1) ALT 522,
it was held as under:

“The appeal which has abated by
operation of law, cannot be revived and the decree which has become a nullity
being a decree against a dead person, cannot also be revived. Therefore, the
inescapable result of the above discussion is that the appeal before the
learned single Judge has become abated and the decree passed by him is a
nullity.”

In the present case, the appellant in the Lower Appellate Court had
not sought the exemption in terms of sub-Rule (4) of Rule 4 of Order 22 CPC,
prior to the pronouncement of the judgment. The sole respondent having died
during the pendency of the appeal before the Lower Appellate Court and as his
legal representatives were not brought on record, the appeal abated and hence,
the decree passed by the Lower Appellate Court being against a dead person was
a nullity.

In the result, appeal was allowed and the impugned judgment and
decree were declared as null and void.

10.  Gift Deed – Revocation of gift based on
unwillingness of daughter to maintain the mother – No condition for maintenance
mentioned in deed – Revocation not proper. [Transfer Of Property Act, 1882;
Section 126,44; Maintenance And Welfare Of Parents And Senior Citizens Act
2007, Section 23]

Jagmeet Kaur Pannu, Jammu vs. Ranjit Kaur Pannu AIR 2016 P &
H 210 (HC)

The revision petition was filed in the High Court against the order
passed by the Tribunal constituted under the Maintenance and Welfare of Parents
and Senior Citizens Act, 2007 (in short the ‘Act’) directing that the gift
executed by the mother in favour of the daughter is voidable at her instance
and hence ordered to be voided.

The Tribunal relied on the assertion of the mother that the daughter
was not behaving with her properly and abused her with filthy language and
treated these assertions as justifying the demand for the document being
declared null and void.

The High Court held that u/s. 23 of Maintenance And Welfare Of
Parents And Senior Citizens Act 2007, the relevant part being stated as under:

If the transferee refuses or fails to provide such amenities and
physical needs as required, the said transfer of property shall be deemed to
have been made by fraud or coercion or under undue influence and shall at the
option of the transferor be declared void by the Tribunal.

Section 126 of the Transfer of Property Act deals with a rule of
public policy that a person who transfers a right to the property cannot set
down his own volition as a basis for his revocation.

There have been views held from decisions of several courts that if
a gift deed is clear and operative to transfer the right of property to another
but also contains expression of desire by the donor that the donee will
maintain the person, the expression contained in a gift deed must be treated as
pious wish and the sheer fact that the donee did not fulfill the condition,
cannot vitiate the gift.

In the present case, order passed by the Tribunal is based only on
the assertion made by the mother that “the daughter is not behaving with
her properly and abused her and used filthy language to her several times on
telephone”. No judicial exercise has been undertaken by the Tribunal to
examine whether the documents contained any condition and whether there had
been any demand made by the mother on the daughter that provided the proof for
the Tribunal to render a finding that the transferee refused to provide such
amenities and physical needs.

Hence the order of the Tribunal was set aside.

11.  Interpretation of Statutes – Use of Comma
before the word ‘AND’ –Disjunctive and not Conjunctive [Karnataka Stamp Act,
1957, Section 33]

Gajanan Ramachandra Velangi vs. Teegala Vijaya Irappa and Ors..
AIR 2016 Karn. 163 (HC)

While adjudicating the matter whether an Arbitral Tribunal has the
power to impound documents, not duly stamped, an issue of interpretation came
up before the court where it was contended that the word ‘and’ occurring in
section 33(1) of The Karnataka Stamp Act, 1957, should be understood in a
conjunctive sense, and hence, mere authority to receive evidence is not
sufficient, but the said person should also be in-charge of a public office to
get the power to impound any document. He submitted that an Arbitral Tribunal
cannot be said to be a person in-charge of a public office, and therefore, it
has no power to impound any document u/s. 33 of the Act.

Relevant extract of section 33(1) of the Act is as under :

33. Examination and impounding of instruments.–(1) Every person
having by law or consent of parties authority to receive evidence, and every
person in-charge of a public office, except an officer of police, before whom
any instrument, chargeable in his opinion, with duty, is produced or comes in
the performance of his functions, shall, if it appears to him that such
instrument is not duly stamped, impound the same.

It was held by the Court that the use of comma before the word ‘and’
occurring therein indicates that the word ‘and’ should be understood in a
disjunctive sense. It is not necessary in law that the said person should also
be in-charge of a public office.

The appeal was devoid of merit and was accordingly dismissed.

12.  Right to Information – No exemption from
disclosure when information relates to Corruption and violation of Human [Right
to Information Act, 2005, Section 24(4)]

Subhash v. State Information Commission, Haryana and Ors. (AIR
2016 P & H 203) (HC)

a. The petitioner sought for information w.r.t.
the issue of corruption (i.e. cases registered against the officers, action
taken against such officers, benefits withdrawn or given to such officers, etc.)
against the officers under  Right to
Information Act, 2005.

b.
Accordingly a Writ Petition has been filed against the order of
Respondent-Commissioner who denied information to the petitioner on the ground
that information sought was qualified to be ‘personal information’ u/s. 8(1)(j)
of the Right To Information Act, 2005 and a finding was recorded that the
information which was sought was primarily between the employee and employer
and therefore the disclosure of which had no relationship to any public authority
or public interest and hence was not required to be disclosed.

Held that reliance upon the judgment of Girish Ramachandra
Deshpande vs. CIC & Ors, 2012(8) SCR 1097
in facts and circumstances of
the case was not justified, since it related to information being sought w.r.t.
‘Personal Information’ which would amount to unwarranted invasion of privacy of
private individual as per section 8(1)(j) of the Right to Information Act(supra),
which gives an exemption from disclosure of personal information which has no
relation to any public activity or interest. However, the Central Public
Information Officer or the State Public Information Officer or the Appellate
Authority, if satisfied, that the larger public interest justifies the
disclosure of such information, they may disclose such information.

Reliance was placed in the case
of First Appellate Authority-cum-Additional Director General of Police and
another vs. Chief Information Commissioner, Haryana and another AIR 2011
(Punjab) 168
, where it was held that information pertaining to corruption
is relevant and cannot be denied. In the said case, the Division Bench held
that notification u/s. 24(4) of the Act would not exempt the information which
pertains to corruption since the Act itself provided that the notification
could not include the allegation of corruption and human rights violations.

In the present case, keeping in view the above principles laid down
in First Appellate Authority-cum-Additional Director General of Police’s case (supra)
and fact that the judgment of the Apex Court in Girish Ramchandra Deshpande’s
case (supra) is not applicable in the facts and circumstance of the
present case and hence the impugned order is quashed.

13.  Stamp Act – Valuation of Property–Market
value at the time of registration of the property should be considered and not
at the time of Agreement of Sale – Long time of litigation shall not affect
market value of instrument. [Indian Stamp Act, 1899 – Sections 17, 2(12), 27,
3, 47A]

Manoj Kumar Mishra vs. State of Bihar and Ors. AIR 2016 PATNA 155
(HC)

The point which is to be decided by the High Court, “whether
the valuation should be assessed on the market rate prevailing at the time of
registration of the sale deed or when the parties entered into agreement to sale.”

The respondent for the State submitted that u/s. 47. A of the Stamp
Act the petitioner is liable to pay the stamp duty on the present market value
of the property and for considering the stamp duty and registration fee, the
valuation mentioned in the agreement is irrelevant.

The counsel for the petitioner submitted that the petitioner is
liable to pay the stamp duty on the basis of the valuation mentioned in the
agreement between the parties as per the decision of the Division Bench in this
Court in Brij Nandan Singh vs. The State of Bihar & Ors. 2006 (3) PLJR
538.

It was held that from a composite reading of sections 3, 17 and 27
of Indian Stamp Act, 1899, it becomes clear that the valuation given in an
instrument is not the conclusive valuation and the registering authority is not
bound by the valuation mentioned in the deed sought to be registered.

It is settled principles of law that a taxing statute has to be
construed as it is. All the contingencies that the matter was under litigation
and the value of the property by that time became high cannot be taken into
account for interpreting the provisions of a taxing statute.

In the case of the Hon’ble Supreme Court in State of Rajasthan
and Others vs. Khandaka Jain Jewellers, (2007) 14 SCC 339,
court decided
the question “whether the valuation should be assessed on the market rate
prevailing at the time of registration of the sale deed or when the parties
entered into agreement to sale” and in answer to this question considering
sections 2(12), 3, 17, 27 and 47-A of the Rajasthan Amendment of Stamp Act held
that a taxing statute has to be construed strictly and hence the plea that the
instrument took a long time to get a decree for execution against the vendor
that consideration cannot weigh with the court for interpreting the provisions
of the taxing statutes. Therefore, simply because the matter has been in the
litigation for a long time that cannot be a consideration to accept the market
value of the instrument when the agreement to sale was entered. The valuation
is to be seen at the time when registration is made.

In view of the decision of the Supreme Court,
the Division Bench decision of this Court Brij Nandan Singh (supra) is
no longer a good law as has been impliedly overruled. Accordingly, the writ
application was dismissed.
_

From The President

Dear Members,

8.00 PM, November 8, 2016: Prime Minister Shri Narendra Modi – Addresses the nation, not to inform about any launch of an assault on warring neighbour or any terrorist group, but it’s an assault on the twin evils plaguing and decaying the Indian economy for seven decades viz. unaccounted (‘Black”) money and counterfeit money. The deadly weapon for the attack being “DEMONETISATION.”

He thundered “The 500 and 1,000 rupee notes hoarded by anti-national and anti-social elements will become just worthless pieces of paper.” However, he reassured honest people of the country, “The rights and interests of honest, hard-working people will be fully protected.”

Suddenly, the word ‘Demonetisation’ had become both a buzzword as well as a dreaded word amongst Indian citizens from all walks of life. I was deluged with calls seeking clarifications on the effects and impact of such a monumental step taken by the Government. WhatsApp messages have just not stopped since then. The most surprising moment for me was when my son a student of 10th grade also inquired as to what is Demonetisation? Why should hard-earned money in the form of 500 and 1,000 rupee notes suddenly become invalid? How and when will Government replace my 500 and 1,000 rupee notes?

Yes, Demonetisation is a big word, and on 8th November, the full weight of this word was felt in a big way across the length and breadth of India. This move has come on the heels of a much publicized and successful Income Declaration Scheme. Mr. Modi had been cautioning citizens to fall in line and declare unaccounted money under IDS and not to blame him if later stringent steps are taken. However, his warnings were considered as rhetoric and ignored. But as we all know him to be a man of action, the suddenness of demonetisation had the nation scampering to deposit and exchange their notes.

Mr. Modi’s actions echo the spirit of the statement of Abraham Lincoln – “Determine that the things can and shall be done, and then we shall find the way.”

The effects of demonetisation are still hotly debated not just in India but across the world. The entire world has taken notice of such a bold move with bated breath. Its effects on the Indian economy will be felt and analyzed in the times to come.

Though there may be positives and negatives of the move, we as citizens of India should ensure to be part of this initiative of weeding out corruption and terrorism from our country. We all must act as responsible citizens and avoid getting carried away by the naive analysis and prognosis of vested interests who want this initiative to be scuttled so as to unabashedly generate black money and support terrorism on Indian soil.  Yes, the Society wholeheartedly supports demonetisation as a means to beat larger evils of corruption and black money.

Trump – Better sense prevails

The other big news that relentlessly dominates the media is from the land of the big apple. Donald Trump, the US President-elect, is working long hours at Trump Towers as he assembles his cabinet and White House team. In addition to very select media interviews, he has enthusiastically embraced new media. He has over 15 million followers on Twitter and is now using YouTube to get his message across.

In a 150 second infomercial, he chalked out his plans for making America great again. With great conviction, he declared, “I want the next generation of production and innovation to happen right here, in our great homeland: America – creating wealth and jobs for American workers.” In his no-nonsense style, speaking directly into the camera, he vowed to create jobs, re-negotiate trade agreements, end restrictions on energy production and impose ban on lobbying.

What’s interesting was his deliberate silence on many issues which he ranted about in his electoral campaign. There was no mention of the Mexican border wall, deporting illegal immigrants, fighting terrorism or confronting Russian aggression. Instead, there was a rather tame statement about directing the Labour Department to investigate visa abuses.

However, tough-talking Trump is adamant about the fate of many acts and treaties that are now on the death row. The Trans-Pacific Partnership that was seven years in the making, Obama’s Affordable Care Act and the Dodd-Frank Law regulating Wall Street are all set to be dumped by Trump. He is also averse to climate treaties and will most certainly pull the US out of the Paris Climate Agreement and nullify Obama’s global warming regulations. I hope Trump’s arrogance doesn’t lead him into destroying other economies and cause irreversible environmental damage.

Stalemate – Judiciary and Government

Back home, the stalemate between the judiciary and government is snowballing, and the situation that is already in shambles is only growing more dismal. The politicians have been critical of the collegium system which appoints judges under the veil of secrecy. To ensure transparency in the appointing process, the Parliament unanimously passed the National Judicial Appointments Commission Act to appoint judges. The Supreme Court struck down the act and continued with the ambiguous process of appointing judges.

The big tussle is over the revising of the Memorandum of Procedure for judicial appointments. The government proposals focused on bringing transparency, objectivity, and accountability to the appointments, but the Supreme Court has shot down most of the proposals. Currently, the system is absurdly opaque. More importantly, there appear to be no definite criteria for the selection of judges.

The legal logjam continues, and the situation appears to be getting alarming. According to official figures, around 30 million cases await hearings in trial courts where 4,432 out of 20,502 sanctioned posts of judges are yet to be filled. In India’s 24 high courts, there are nearly four million cases pending while 478 out of 1,056 sanctioned posts remain vacant. And in the Supreme Court too, there are only 28 judges against the sanctioned strength of 31 judges to tackle around 60,000 cases.

India is having one of the largest judicial systems in the world, the figures for the future only get more mind-boggling. It is estimated in the next three decades, the number of cases in court will balloon to 15 crores and will require at least 75,000 judges to handle them. It is my hope that a solution will be worked out mutually to provide ease of access to justice system. After all, the world, especially the rating agencies, are closely watching India. 

Leading from the front – Voicing concerns

BCAS is always known to voice the concerns of the CA fraternity and also if any particular law is unjust or unwarranted. The Society has requested the Finance Minister to scrap the Income Computation and Disclosure Standards (ICDS) and has launched a petition to urge that the ICDS should not just be deferred but should be withdrawn completely.

The Indian Audit Firms (IAFs) have long being impacted by the manner and way of operating in India by the Multinational Audit Firms (MAFs). It was always felt, and rightly so, that there is no level playing field and MAFs have the upper hand over IAFs due to various reasons. Voicing concerns of the IAFs, the Society has also made a detailed representation to the Experts group set up by the Ministry of Corporate Affairs to examine and make a suitable recommendation on the adverse impact on IAFs. The society is also supporting the concept of Joint Auditors. To create more awareness and garner more support to the representation, the Society has started a digital signature campaign through a survey which is receiving an encouraging response.

I request all my dear members to sign these petitions, the link of which is available on the BCAS website, in support of this movement and create more awareness of this campaign amongst fellow professionals. As they say “Drive the change.”

With warm regards,

Chetan Shah

Part B – Indirect Taxes

Service
Tax Updates


40.  Amendment to Place of
Provision of ‘online information and database access or retrieval services’
w.e.f. 01.12.2016

Notification No.46/2016-ST
dated 09. 11. 2016

Central
Government has amended the POPS, 2012 Rules in order to effect that place of
provision for the services provided by way of online information and database
access or retrieval services shall be the location of the service recipient. 


41.  Withdrawal of
exemption: Online information and database access or retrieval services 

Notification No. 47/2016-ST
dated 09. 11. 2016

CBEC has withdrawn the exemption for services by way of online
information database access or retrieval services which being provided by a
person located in a non-taxable territory and received by Government, a local
authority, a governmental authority or an individual in relation to any purpose
other than commerce, industry or any other business or profession.


42.  Enhancement of scope of
taxability : Online information and database access or retrieval services

Notification No. 48/2016-ST
dated 09. 11. 2016

CBEC has
defined the terms ‘online information and database access or retrieval
services’ and ‘non-assessee online recipient’. Further, it states that the
person liable to pay service tax is the person located in the taxable territory
in cases where services are provided by a person located in the non-taxable
territory to a person located in the taxable territory.

However, in
cases where services are received by non-assessee online and are provided by a
person located in the non-taxable territory, the person liable for payment of
service tax is that person or his representative in the taxable territory.

If there is
no representative then the said person is liable for taking registration within
a period of thirty days under Form ST-1A from the date on which the service tax
becomes leviable. Registration certificate would be granted under Form ST-2A
and the said registration shall be deemed to be granted from the date of
receipt of the application. Returns for such registration should be filed in
Form ST-3C and the format of which is given, however, online utility will be
released in due course.


43.  Amendment under reverse
charge mechanism

Notification No. 49/2016-ST
dated 09. 11. 2016

Services
provided or agreed to be provided by any person who is located in the
non-taxable territory and shall be received by any person other than
non-assessee, online recipient is covered under reverse charge mechanism where
the said service recipient is liable for payment of service tax. Thus, in cases
where service receiver is a non-assesse online recipient, reverse charge
mechanism is not applicable.


44.  Exclusive jurisdiction
for cases of online information and database access or retrieval services.

Notification No. 50/2016
dated 22. 11. 2016

In cases,
where services of online information and database access or retrieval services
are provided or agreed to be provided by a person located in the non-taxable
territory and received by a non-assessee online recipient only LTU- Bangalore
unit has exclusive jurisdiction over all the proceedings under Finance act,
1994 in such cases.


45.  FAQ: Service tax on
cross-border transactions [w.r.t. online information and database access or
retrieval services (OIDAR)]

Circular No: 202/12/2016
dated 09. 11. 2016

With the
withdrawal of exemption for service tax on cross border online information and
the growing dependency on such transaction for both the categories i.e.
business to business and business to customers some 46  questions are answered which come across very
frequently.


MVAT
Updates


46.  e-Returns for Dealers
registered under the The Maharashtra Tax on the Entry of Goods into Local Areas
Act, 2002.

Trade Circular 33T of 2016
dated 27.10.2016

The facility
to file electronic returns for the importers registered under the  Maharashtra Tax on the Entry of Goods in to
Local areas Act, 2002 has been made available through Department’s website
www.mahavat.gov.in and details procedure explained in the given circular.


47.  Extension of due date
for filing of monthly returns for the period from April 2016 to September 2016.

Trade Circular 34T of 2016
dated 2.11.2016


48.  Exemption from payment
of late fee u/s. 20(6) of the Maharashtra Value Added Tax Act,2002 for late
filing of return

Trade Circular 36T of 2016
dated 21.11.2016

Time limit
to file Invoice based monthly mvat & cst returns for the period from April
2016 to October 2016 is extended up to 30.11.2016 and for quarterly returns for
the period April-2016 to June-2016 uploading date has been extended up to
10.12.2016 and for July-2016 to Sept-2016 uploading date has been extended up
to 21.1.2017 so whole of the late fees for the period is exempt if filed on or
before the respective extended date. If dealer has received return in PDF along
with late fees then such late fees is not required to be paid. If such late
fees has been paid by the dealer he may revise such return and carry forward the excess
amount to next period as an excess credit.


49.  Distribution of provisional
Login ID and Passwords 

Trade Circular 35T of 2016
Dated 12.11.2016

All the
dealers who are presently registered under the Maharashtra Value Added Tax Act,
2002, Central Sales Tax Act, 1956, the Maharashtra Tax on the Entry of Goods
into Local Areas Act, 2002, the Maharashtra Tax on Luxuries Act, 1987 are
required to enrol themselves for GSTIN. .Given circular has explained detail
procedure.


50.  Notification about
accepting cash payment  

No. VAT. 1516/CR-153/Taxation-1 dated 12.11.2016

Maharashtra
government has amended MVAT Rule 45A thereby dealer may pay tax, interest and
penalty during the period  the bank notes
of existing series of denomination of the value of five hundred rupees and one
thousand rupees are permissible to be the legal tender by the central
government by notification under sub-section (2) of section 26 of the Reserve
Bank of India Act, 1934 by way of cash including specified notes in the said
banks.


51.  Extension of time limit
till 30th November 2016 

Maharashtra Ordinance No.
XXVII of 2016 dated 17.11. 2016

Applicant
who desires to settle the arrears in dispute can make the application under the
Maharashtra Settlement of Arrears in Disputes Act, 2016 up to 30.11-2016


52.  Settlement of Disputed
Arrears – Schedule of payment of Requisite amount  

SAD 1516/CR 155/Taxation-1.
dated 19.11.2016

By this
Notification, the fifty per cent of the requisite amount payable under the
Maharashtra Settlement of Arrears of Dispute, 2016 shall be paid on or before
the 30.11. 2016 and remaining fifty per cent amount shall be paid on or before
the 31.12.2016. The proof of payment shall be deemed to have been submitted on
the date on which the said payment is made.

Part A – Direct Taxes

31.  No TDS on one time lumpsum rental /lease
payment 

Circular No. 35 /2016 dated 13.10.2016

CBDT has clarified that TDS provisions will not apply in case
of  lump sum lease premium or one-time
upfront lease charges.  Since these
charges are not adjustable against periodic rent for acquisition of long-term
leasehold rights over land or any other property, they are capital in nature
and therefore cannot be connoted as rent within the meaning of section 194-1.

32.  Extension of time limit till 31.3.2017 for
the returns for AY 2012-13, 2013-14 and 2014-15 having a claim of refund and
not processed under section 143(1) i.e. non scrutiny cases  

CBDT Order u/s 119 dated 25.10.16

33.  Deduction under Chapter VIA would be eligible
on enhanced income post assessment and hence appeals should not be filed / be
withdrawn / not pressed upon

Circular No. 37/2016 dated 2.11. 2016

34. Revised DTAA between India
and Korea has entered into force from 12th September 2016 notified

Press Release dated 26th October 2016

35. Prohibition of Benami
Property Transactions Rules, 2016 notified w.e.f. 1st November
2016 

Notification no.  98/2016
and 99/2016 dated 25.10.16

36. Revised DTAA between India
and Japan 

Notification No.102/2016 dated 28.10.16

37. Instruction relating to
The Income Declaration Scheme, 2016 
dated 11th November 2016 (available on www.bcasonline.org)

38. Rules
114B and 114E amended to give effect to Demonetisation as announced by the
Government-

Income–tax (30th Amendment) Rules, 2016 dated 15th
November 2016

CBDT has amended the above Rules to include specific criteria for
specified authorities for obtaining PAN in light of the withdrawl of Rs. 500
and Rs 1000 notes from the country. 

39. Premium paid for Keyman
Insurance of a Partner of a firm is an eligible business expenditure u/s. 37 of
the Act

Circular no. 38/2016 dated 22.11.16

From The President

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Dear Members,

It is that wonderful time of the year when you can see hundreds of colourful ‘Kandils’ gently swaying in the breeze, while thousands of shoppers’ surge in and out of brightly lit showrooms snapping up festival gifts. By the time this issue reaches you, you will have relished the celebrations, the fireworks, the sumptuous food and embarked on the new year. I am sure most of you will have enjoyed the much-needed holiday and family time. The best way to celebrate is isolating oneself from the clutches of technology, be it your mobile or laptop, and be in the company of family and friends.

Hillary-Trump – Is India affected?

As we leap across continents and oceans, we encounter a different sort of fireworks as a part of the US presidential elections. The clash of the Republican and Democrat candidates has been dominating the news for the last couple of months. The presidential election debates have seen sparks flying, dirty linen being washed in public and hidden agendas being exposed and brash allegations made. 

Motor mouth Trump, a paragon of aggression and arrogance has driven himself into the loser’s corner with his careless locker room talk and hate speak directed at Muslims and immigrants. A dismayed and disgruntled Bible Belt, the stronghold of the Republicans and disgusted women across the nation have truly blunted if not scuttled Trump’s chances of moving to 1600 Pennsylvania Avenue.

Hillary Clinton, on the other hand, has come across as an admirable woman who has ably wielded power. Well informed and focused, with extensive experience as Secretary of State, she is well equipped to be the next POTUS (President of the US). But there are several issues that keep tripping Hillary – she has well-publicised health problems, and big lapses in Benghazi, Libya which resulted in the death of the American Ambassador. Even more serious is her breaching national security procedures by keeping her Secretary of State mails on a personal email server.

Now it’s only a matter of time that will see Hillary Clinton becoming the first woman president of the US, unless…Trump has still got an ace up his sleeve. So is India on a good pitch with Hillary? Most analysts believe so, despite the fact that Trump went on to light Diwali lamps on a stage and assert that if he became president, the “Indian and Hindu community will have a true friend in the White House.”

John Podesta, Bill Clinton’s Chief of Staff, is today a big wheel on Hillary’s campaign committee, and he believes that she has demonstrated credentials in fostering strong and healthy relations with India. With India having emerged as a powerful and buoyant economic force and a strong counter to China, Hillary is unlikely to adversely change the existing policy of working with India.

Analysts believe there will be no big swing in policy for the region. Tracking the situation from the end of the Cold War, US policy and diplomacy with India and other South Asian countries have remained consistent. Considerable conflict in the region and four presidents later, the situation appears to be very much a status quo. Even in handling the Indo-Pakistan conflict, the US has been reiterating the importance of talks to diffuse the heightened tension.

Great Show at BRICS

Back home, the government is riding a wave of immense popularity. The crippling surgical strikes and the successful Income Declaration Scheme are two more feathers in the government’s crown of achievements. This was closely followed by the recently concluded 8th BRICS Summit hosted by India in Goa. Prime Minister exhorted the nations to work together to give an added impetus to trade saying, “In a world of uncertainties, BRICS stands as a beacon of peace, potential, and promise.”

More importantly, India coaxed all the countries to unanimously condemn terrorism. Prime Minister spoke eloquently saying, “Terrorism casts a long shadow on our development and economic prosperity… our response to terrorism must, therefore, be nothing less than comprehensive.” What is noteworthy is that even China, Pakistan’s staunch ally, signed on the dotted line in the agreement to combat terrorism including cross border terrorism

CA exam – another change

It’s a well-known quote which declares that. “Change is the only thing that’s constant.” The world’s toughest exam is all set to undergo change to keep pace with the rapidly evolving needs of the market. The Institute of Chartered Accountants of India which conducts the CA exam has approached the ministry to revamp the curriculum, introduce new subjects and electives; and even allow open book tests in a few papers.

Globalisation has re-invented the benchmarks and language of business. ICAI believes that an updated course will prepare Indian auditors, accountants, finance executives and CFOs to tackle the emerging challenges and opportunities. The Bombay Chartered Accountants’ Society welcomes the proposed changes in the CA exam and hopes the revised syllabus and possibly the new methodologies of training will result in better-equipped CAs and earn greater respect for the profession.

Government interactions

As part of the BCAS vision to be a catalyst for bringing out better and more effective Government policies and laws, BCAS interacted with the Government officials on two occasions. On the first occasion, BCAS representatives met the Easwar Committee and made a detailed representation, and appraised officials of various anomalies in the Income Tax Act and offered suggestions for efficient administration and governance. On another occasion, BCAS had an interactive dialogue with Shri Upendra Gupta, Commissioner, GST Policy Wing, Ministry of Finance. It seems that the government is on track on its road map of GST and it will be implemented from 1 April 2017. One thing that deserves appreciation is the receptiveness shown by the government in discussing the suggestions from various associations and trade bodies, and hopefully many suggestions will find their way into the final legislation. The Commissioner assured the Society that the main areas of concern on valuation issues and issues of free supply of goods/services raised by industry would also get addressed in final law.

Reverence

Before I end, I pay my homage to an exemplary human being and a distinguished professional. Shri Rajesh G. Kapadia, past president of the Society, was not only an excellent chartered accountant but a nice archetypical person to scores of people. He will surely be missed by everyone whose lives he touched in so many ways. The contribution of the Kapadia family to BCAS (his brother Late Shri Shailesh Kapadia was also a Past President of the Society) is immense. It is only ironic that he was the Society’s president when BCAS celebrated its 50th year, and he left us when the Society is celebrating its 50th year of RRC. I can sum up the persona of Shri Rajesh G. Kapadia by stating that he had the guts to stand for something right, and the humility to be of service to others. He shall always have a place of pride in the hearts of BCAS family.

With warm regards,

Chetan Shah

MVAT updates

Extension  of  due  date 
for  filling  of 
refund application for F.Y. 2014-15

Trade Circular 30T of 2016 dated 1.10.2016

Due  to technical problem in the system of MSTD,
due date of filing refund application in Form 501 for the financial year
2014-15  is extended for 7 days that is
from 30.9.2016 to 8.10.2016.

Extension of time limit under
Settlement act, 2016 and clarification on certain issues Trade Circular 31T of
2016 dated 1.10.2016

By this Circular, time limit in
maharashtra Settlement of arrears in dispute act, 2016 is extended from
30-9-2016 to 15-11-2016 and some issues have been clarified..

First Phase Go Live of e-payment under SAP – TRM new automation process

Trade Circular 32T of 2016 dated 27.10.2016

Many tax payers are having their
accounts in private banks and co op banks and as such they are unable to make
tax payments through e banking. Therefore, 
department has developed and expanded facility so that tax payments can
be done through more number of banks. System has been explained in this
Circular.

e-Returns w.r.t.Maharashtra Tax on the Entry of Goods into Local Areas
Act, 2002

Trade Circular 33T of 2016 dated 27.10.2016

e Service facility to file
electronic returns to the importers registered under the maharashtra tax on the
entry of Goods into local  area act.2002
has started and step by step procedure is explained in this Circular.

Service Tax updates

Exemption on payment to State Government Industrial    Development    Undertakings    reg.
lease of plots

Notification No.41/2016-ST dated 22. 09. 2016

Central Government has exempted
Service tax on one time upfront amount paid to State Government industrial
development Corporations/ undertakings for granting of long term lease of industrial
plots to industrial units.

Exemption to advancement of Yoga

Notification No. 42/2016-ST dated 26. 09. 2016

CBEC through this notification
exempts the Service Tax on the services by way of advancement of yoga provided
by an entity registered under section 12AA of the income tax act
retrospectively to services rendered during the period 01.07.2012 to
20.10.2015.

Return Form ST 3 amended

Notification No. 43/2016-ST dated
28. 09. 2016

The CBEC has amended half
yearly Service Tax Return Form ST 3 by issuing notification namely ‘Service Tax
(Third   amendment)  rules, 2016’ to  facilitate 
changes in tables relating to the details of CENVAT, payment and
liability of Krishi Kalyan Cess & detailed disclosure of reversal under CENVAT
Credit Rule 6(3A) of CENVAT Credit Rules, 2004. this amended ST-3 form shall be
applicable from the date of publication of this notification in the official
gazette.

Issue of Notice by Department- revision of monetary limits

Notification No. 44/2016-ST dated 28. 09. 2016

Central Government has, vide this
notification, amended the adjudication powers of the officers.

Under the revised limits, the
Superintendent can issue notice provided that for the amount of service tax or CENVAT
credit specified in the notice should not exceed Rs. 10 lakhs (excluding the
cases relating to taxability of services or valuation of services and cases
involving extended period of limitation). Similarly in case of notice by
assistant Commissioner or deputy Commissioner such amount should not exceed Rs.
50 lakhs (except cases where Superintendents are empowered to adjudicate). For
the joint  Commissioner or additional
Commissioner such amount is Rs. 50 lakhs and above but not exceeding Rs. 2
crores. While for the Commissioner there is no such monetary limit.

Exemption on transportation to Educational Institutions

Notification No. 45/2016-ST dated 30. 09. 2016

By this notification, Government
has exempted Service tax on transportation facility by educational institutions
to students, faculty and staff for the period commencing on and from the first
day of April, 2013 and ending with the tenth day of July, 2014 which was not
being collected by the educational institutions in view of the generally
prevalent practice.

M/S. J. K. Lakshmi Cement Ltd. vs. Commercial Tax Officer, Civil Appeal No.102 of 2010, 16th Sep- tember, 2016 , SC.

Central Sales Tax – Exemption From Payment of Tax Or Concessional Rate
of Tax – Notification u/S. 8(5) – under Two Separate Notifications – Not
allowed, Section 8(5) of The Central Sales tax, act, 1956.

Facts

The   appellant, 
a  Public  limited  
Company  incorporated under the
Companies act, 1956, is engaged in the business of manufacturing and selling
Grey Portland Cement. in exercise of powers conferred by section 8(5) of the
Central Sales tax act, 1956 (for short, “CST act”), the Government of Rajasthan
had issued a Notification No. F4(72)FD/Gr. IV/81- 18 dated 06.05.1986 allowing
partial exemptions from the sales tax payable in respect of inter-state sales
in the manner and subject to the conditions mentioned therein. Partial
exemption was granted under the said notification at the rate of 50%/75% on the
basis of increase in the percentage of the entire inter-state sales and
decrease in percentage of stock transfers but the benefit under the said
notification was not available on levy cement. from the assessment year 1989-90
to 1997-98 the appellant had been granted benefit of partial exemption under
the notification dated 06.05.1986 except for the assessment year 1995-96 and
1996-97 as no claims were made by the appellants being not eligible. By
Notification no. 97-122 dated 12.03.1997 issued u/s. 8(5) of the CST act, the
State Government rescinded the Notification No. 94-70 dated 07.03.1994 and
directed that CST  on inter-State sales
of cement shall be calculated at the rate of 4%, inter alia, subject to
fulfillment of the condition that the dealer making inter-State sales under
this notification shall not be eligible to claim benefit provided by partial
exemption notification dated 06.05.1986. further, in exercise of power u/s.
8(5) of the CST act, the State Government vide Notification No. 97-266 dated 21.1.2000
directed that tax payable under sub-sections (1) and (2) of the said Section on
the inter-state sales of cement shall be calculated at the rate of 6%, inter
alia, subject to the condition that the dealer making inter-state sales under
this notification shall not be eligible to claim benefit provided under partial
exemption notification dated 06.05.1986. After a lapse of seven years from the
previous circular dated 15.04.1994, the CCT issued another Circular no.
94-95/119 dated 16.04.2001 purporting to clarify the applicability of partial
exemption notification  dated  06.05.1986  vis-a-vis 
notification  dated 07.03.1994 and
subsequent notifications dated 12.03.1997 and 21.01.2000. By the said circular,
the competent authority purported to state that the dealer can avail the
benefit of either of these two notifications in any financial year meaning
thereby that if he opts for the benefit under notification dated 06.05.1986 for
the year 2000-2001, he would not be entitled to claim simultaneous benefit in
respect of the same year under the notification dated 21.01.2000. The
Department Held that as per circular dated 16.04.2001 the benefit could not be
claimed under notification dated 06.05.1986 if the unit had made sales under
notification dated 21.01.2000. It was Held that benefit of both the
notifications could not be availed of in the same financial year.

The High Court in appeal, filed
by the appellant, confirmed the order of Rajasthan Board allowing the appeal
filed by the Department. The appellant company filed appeal before the SC.

Held

The circular dated 15.04.1994,
when in force, had referred to the notifications dated 07.03.1994 as well as
06.05.1986. Under the notification dated 07.03.1994, the rate of central sales
tax on inter-State sale of cement was unconditionally fixed at 4%, even when
there was no declaration in form  C and
form  d. The notification dated
06.05.1986 relating to inter-State sale required Form C and Form D, for
availing the benefit. The circular did not in clear and categorical terms lay
down that dual or multiple benefits under the two notifications could be
availed of by the same dealer. it, however, appears that both the assessee as
well as the revenue had understood the circular dated 15.04.1994 to mean that
inter-state transactions would qualify and would be entitled to partial
exemption under the notification dated 06.05.1986, when accompanied with
form  C and d and for inter-state sale
transactions without Form C and D, benefit of notification dated 07.03.1994
would apply. The understanding by the assessee and the revenue, in obtaining
factual matrix, has its own limitation. it is because the principle of res-
judicata would have no application in spite of the understanding by the
assessee and the revenue, for the circular dated 15.04.1994, is not to the specific
effect as suggested and, further notification dated 07.03.1994 was valid
between 1st  april, 1994 up to 31st  march, 1997 (upto 31st march, 1997 vide
notification dated 12.03.1997) and not thereafter. The Commercial tax
department, by a circular, could have extended the benefit under a notification
and, therefore, principle of estoppel would apply, though there are authorities
which opine that a circular could not have altered and restricted the
notification to the detriment of the assessee. Circulars issued under tax
enactments can tone down the rigour of law, for an authority which wields power
for its own advantage is given right to forego advantage when required and
considered necessary. This power to issue circulars is for just, proper and
efficient management of the work and in public interest. It is a beneficial
power for proper administration of fiscal law, so that undue hardship may not
be caused. Circulars are binding on the authorities administering the enactment
but cannot alter the provision of the enactment, etc. to the detriment of the
assessee.

The controversy herein centres
round the period from 1st april, 2001 to 31st 
march, 2002. The period in question is mostly post the circular dated
16.04.2001. The appellant­ assessee has pleaded to take benefit of the circular
dated 15.04.1994, which stands withdrawn and was only applicable to the
notification dated 07.03.1994. It was not specifically applicable to the
notification dated 21.01.2000. The fact that the third paragraph of the notification
dated 21.01.2000 is identically worded to the third paragraph of the
notification dated 07.03.1994 but that would not by itself justify the
applicability of circular dated 15.04.1994.

Accordingly, the SC dismissed the
appeal, filed by the appellant, and Held that due to language of notifications
the appellant cannot take benefit of concession under both notifications in
same financial year.

M/S. Hindustan Lever Ltd. vs. State of Karna- taka, Civil Appeal No. 4003 of 2007, dated 2nd September, 2016, SC.

Entry Tax – Exemption – Packing material is used For Packing of Tea
-Not Raw material – Not Exempt When Only Raw material is Exempt – Section 11a
of The Karnataka Tax on Entry of goods act, 1979.

Facts

The appellant is a public limited
company, having a tea manufacturing unit at dharwad (Karnataka) and various
other units which also manufacture tea. The tea manufactured by the appellant
is of three types, namely, packet tea, tea in tea bags, and quick brewing black
tea. The appellant claimed that its dharwad unit, as opposed to the other units
manufacturing tea, is a new unit and is, therefore, exempt altogether from
payment of entry tax on packing material of tea under a notification dated
31.3.1993 issued u/s. 11A of the Karnataka tax on entry of Goods act, 1979. Insofar
as the other units are concerned, it is the case of the appellant they are
covered by Explanation II to a Notification dated 23.9.1998 issued u/s.3 of the
said act, and “packing material” being covered by the said explanation would
entitle them to pay entry tax at the rate of 1% and not 2%. all the authorities
under the entry tax act i.e. the assessing authority, the first appellate
authority and the Karnataka appellate tribunal have Held that packing material
cannot be regarded as raw material, component parts or inputs used in the
manufacture of finished goods and, therefore, in the context of the Entry tax
act, read with Schedule i, such packing material is neither exempt nor
chargeable at the rate of 1% on a true construction of the notifications of
1993 and 1998. The High Court in turn also dismissed the revision petitions
filed under the statute by the assessee. the question that arises for decision
in appeal before SC was whether “packing materials” which enter the local, area
for consumption therein, that is for packing tea that is manufactured by the appellant,
can be said to be raw material, components, or inputs used in the manufacture
of tea for the purpose of either of exemption or liable to lower rate of tax of
1% instead of 2%.

Held

In the context of the entry tax
act, the difference between “goods” used in the manufacture of goods and
“packing material” is also brought out by Schedule i. Packing materials are
separately defined in Entry 66. On the other hand, raw material, component
parts and inputs, which are used in the 
manufacture  of  an 
intermediate  or  finished 
product, are separately and distinctively given in entry 80 thereof. The
context of the entry tax act therefore is clear. When raw material, component
parts and inputs are spoken of, obviously they refer to material, components
and things which go into the finished product, namely, tea in the present case,
and cannot be extended to cover packing material of the said tea which is
separately provided for by the aforesaid entry 66. The notification dated
23.9.1998 issued u/s. 3 uses identical language as that contained in entries 66
and 80 of Schedule I to the Entry Tax Act. Equally, notification dated
31.3.1993 is an exemption notification issued u/s. 11A which also uses the
identical language of Entry 8 of Schedule I. Thus, notification cannot be read
to include “packing material” as “raw material, component parts  or 
inputs  used in the manufacture”
of tea. Accordingly, the SC dismissed the appeal filed by the appellant and
judgment of High Court was affirmed.

2016 (44) STR 258 (Tri-Ahmd.) Newlight Hotels 25 & Resorts Ltd. vs. CCE & ST, Vadodara

Classification of service cannot be changed at service recipient’s end.

Facts

The appellant received management
consultancy services. However, department intended to classify it as Business
auxiliary Services. Relying on numerous judicial pronouncements, it was
contested that classification by service provider cannot be changed at
recipient’s end. It was argued that service provider had paid service tax under
management consultancy category at the behest of revenue and therefore,
classification cannot be altered.

Held

Relying on CCE Pondicherry vs.
Mohan Breweries & Distilleries Limited 2010 (259) ELT 176 (Mad.) and also
on Sarvesh Refractories Pvt. Ltd. vs. CCE & C 2007 (218) ELT 488 (SC), it
was Held that classification cannot be changed at service recipient’s end.
Credit of service tax paid cannot be denied or reduced on the grounds that
classification was wrongly done by service provider. Accordingly, appeal was
allowed.

2016 (44) STR 97 (Tri-All.) LG Electronics India Pvt. Ltd. vs. Commissioner of C.Ex. &S.T., Noida

Whether CENVAT credit on employees shifting expenses are admissible.
(Period of dispute – prior to 2011)

Facts

The appellant had incurred
expenses including freight charges on shifting and relocation of its employees
in accordance with transfer policy of its business and availed CENVAT credit of
service tax paid on the said services. The said credit was disallowed on the
contention that the said services have no nexus with the business, shifting of
employee was not an activity of the business.

Held

Relying on ruling, in the case of
“CCE vs. Ultratech Cement Ltd. – 2010 (20) S.T.R. 577 (Bom.), where the hon’ble
High Court Held that the definition of “input service” is not restricted to
services used in or in relation to the business of manufacturing the final
product, input service is defined illustratively and not
restrictively/exhaustively. And restriction if any is imposed post year 2011,
only if such travel expenses are of primarily of personal use and consumption.
Prior to 2011, such expenses are allowable if the same are provided to
employees in general expenditure in relation to the business of the assesse.

Appeal was allowed with
consequential relief to appellant.

2016 (44) STR 65 (Tri-Mumbai) Kolland Developers Pvt. Ltd. vs. Commissioner of C.Ex., Nagpur

Whether refund claim of SEZ developer can be rejected on the ground
that input services on which refund sought were not pre-approved from approval
Committee before its availment?

Facts

The Appellant was a developer of
SEZ and had filed a refund claim in respect of input services availed in terms
of the notification 12/2013-S.T. dated 01/07/2013. The refund claim was
rejected by the lower authorities on the ground that the specified input
services were not approved at the time of its availment.

Before the tribunal, the
appellant, relying on the decision of 
“mahindra  engineering  Services 
ltd –  2015  (38) S.t.r. 841 (tri.-mum)”, argued that
erstwhile exemption notification (09/2009-ST) did not mandate pre-approval of
services before its availment.

Held

The tribunal observed that, in
case of “Mahindra Engineering Services Ltd.”, the said notification was an
exemption notification and at the time of availment, the conditions of
exemption have to be fulfilled. However, the Notification No. 12/2013 (which is
under dispute) provides for refund of tax paid on specified input services
which are approved by approval committee and to avail the exemption the
assessee must fulfill the conditions of the said notifications at the time of
availing the services. Accordingly, appeal was dismissed and refund claim
rejection was Held to be appropriate.

[2016] 72 taxmann.com 4 (Hyderabad-CESTAT) – Spandana Spoorthy Financial Ltd. vs. Com- missioner, Hyderabad

fiogf49gjkf0d

Tribunal affirmed appellant’s entitlement to CENVAT credit for period
prior to registration and utilisation thereof for discharging service tax
demanded for such period.

Facts

The appellant, engaged in micro
finance  Business, was not registered
with service tax department from April 2004 till june  2009. In June 
2009, when statutory auditors pointed 
out  this  fact, appellant obtained  opinion 
from their consultants and applied for service tax registration. Part of
the liability for the period prior to June 
2009 was discharged by adjustment of CENVAT credit pertaining to that
period and balance liability was paid in cash along with interest. on scrutiny
of records in august 2009, department issued SCN to appellant by invoking
extended period of limitation by alleging suppression of Facts by appellant
with intention to evade service tax liability and also proposed to deny
availment of CENVAT credit on the ground that rule 3(4) of CCR, 2004 permits
utilisation of CENVAT credit only to the extent such credit is available on the
last day of the month or quarter for which tax liability is being discharged. The
appellant challenged invocation of extended period and also submitted that the
case is covered by provision of section 73(3) of the finance  act, 1994 as entire liability was discharged
prior to scrutiny by department.

Held

As regards eligibility for CENVAT
credit, the hon’ble CeStat opined that if and when the department demands
service tax liability for taxable services rendered during a particular period,
a corresponding right shall accrue to the assessee entitling him to avail of CENVAT
credit on CENVATable documents evidencing inputs or capital goods or input
services received by such assessee during the same period, subject to the
conditionalities envisaged in CCr, 2004. as regards rule 3(4) of CCr, 2004 the
tribunal  Held that it merely puts cap on
the credit that can be ‘utilised’ for payment of duty or tax and not on the
quantum that be ‘availed’. The tribunal relied upon decisions in cases of
mPortal India Wireless Solutions (P.) Ltd vs. CST [2011] 16 taxmann.com 353
(Kar.), Nitesh residency Hotels (P.) Ltd. vs. CST [Misc. Order No. 27030/2013,
dated 27-8-2013], Amar Remedies vs. CCE 2010 (257) ELT 552 (Tri-Ahd.) and C.
Metric Solution (P.) Ltd. vs. CCE [2013] 31 taxmann.com 344,to hold that
appellant was entitled to availment and utilisation of CENVAT credit on the
basis of documentary evidences for the period prior to obtaining registration.

As regards applicability of
proviso to section 73(3) the hon’ble tribunal Held that since major part of
duty which was adjusted by CENVAT credit was in dispute, issuance of SCn is
legal and the said proviso is not applicable.

As regards invocation of extended
period, the tribunal affirmed allegations of suppression on the ground that
appellant neither filed returns nor approached department for clarifying
taxability of services rendered by them. however, penalties imposed u/s. 78
were dropped on the basis of finding that as appellant was not aware of tax
liability ab initio, non-payment thereof cannot be said to be done knowingly
and even adjudicating authority took note of the fact that appellant become
aware of its liability only after obtaining opinion from consultants.

{Note: readers may note that, although the tribunal  on one hand has Held that invocation of
extended period is justified and on other hand has deleted the penalty u/s. 78,
hon’ble Bombay high  Court in the case of
Saswad Mali Sugar Factory Ltd vs. CCE, Pune [2014] 44 taxmann.com 149 has Held
that conditions for invocation of extended period of limitation u/s. 73(1) and
the conditions for imposing penalty u/s. 78 are identical. therefore both the
provisions go hand-in-hand, and if one did not survive, the other also cannot
be invoked.}

[2016] 72 taxmann.com 5 (Mumbai-CESTAT) – Dhanshree Ispat vs. Commissioner of Customs & Central Excise, Aurangabad

fiogf49gjkf0d

If, commission agent, who arranges for transportation of goods, pays
tax on gTa services and claims reimbursement thereof from its customer, input
tax credit of tax paid on gTa services is not allowable in terms of CCR, 2004.

Facts

The appellant, a commission agent,
handled receipt of goods from principal and transportation to the buyers. The
appellant discharged service tax liability as a provider of “goods transport
agency” and also recovered the said tax paid towards Gta services from the
buyers of goods who were contractually required to reimburse freight charges
along with taxes paid thereon to the appellant. While discharging service tax
liability on his commission income, the appellant claimed CENVAT credit of tax
paid on Gta services. Revenue denied availment of CENVAT credit on the ground
that for Gta services, the appellant was acting only as agent of the buyers and
hence, he cannot be said to be discharging tax on Gta services on its own
account and accordingly, is not eligible for CENVAT claim.

Held

The Hon’ble Mumbai Tribunal
affirmed the denial of CENVAT credit by holding that the activity of
“transportation of goods” as undertaken by the appellant is same as other
agency functions rendered by the appellant on reimbursement basis and hence, it
does not constitute performance of taxable service by appellant, so as to
entitle the appellant to claim CENVAT credit thereof.

As regards imposition of penalty
u/s. 78 of the finance act, 1994 for period covered by second show cause
notice, the hon’ble tribunal Held that when second show cause notice (SCN) is
issued within few months after first SCN is issued, it is not open for revenue
to contend suppression of Facts and resultantly, in absence of clear evidence
of suppression with intention to evade service tax payment, levy of penalty
u/s.78 in relation to second period of demand is not proper.

[2016-TIOL-2576-CESTAT-DEL] M/s. Marud- han Motors vs. Commissioner of Central Excise and Service Tax, Jaipur-II

fiogf49gjkf0d

Trading cannot be considered as an exempted service prior to April 2011

Facts

The   appellant, 
a  service  provider, 
was  also  engaged in trading activities. CENVAT credit
on common input services was disallowed under rule 14 of the CENVAT Credit
rules, 2004 on the ground that trading activity should be considered as
exempted service in terms of rule 2(e) of the said rules. Since separate
accounts were not maintained, reversal was demanded in accordance with  rule 6(3a) 
of  the  said 
rules  and  the 
demand was confirmed.

 Held

The  tribunal noted that the term exempted service
is defined in Rule 2(e) of the said rules during the relevant period  as 
taxable  services  which 
are  exempt  from the whole of the service tax leviable
thereon. The said definition was amended vide notification 3/2011-CE(NT) dated
01/03/2011 and an explanation was added clarifying that exempted service
includes trading. On perusal of both un-amended and amended provisions of
exempted service, it reveals that the activity of trading was not included
within the ambit of the definition prior to 01/04/2011. Since the period in the
present case is prior to April 2011, the amended definition would not be
applicable and thus rule 6(3) of the CENVAT Credit rules 2004 does not have any
application and therefore credit is allowable.

{Note: readers may note a similar decision in the case of Kundan
Cars Pvt. ltd.  [2016 (43) STR 630
(tri.-mumbai)] wherein the tribunal relying on the decision of Shariff motors
[2010] 18 Str 64(tr.-Bang)  upheld by the
andhra Pradesh high Court [2015 (38) St j53(a.P)] and Badrika motors [2014 (34)
STR349] Held that reversal of CENVAT credit attributable to trading activity is
not required.}

[2016-TIOL-2520-CESTAT-DEL] Commissioner of Central Excise, Raipur vs. M/s Hira Ferro Alloys Ltd, Unit-II

fiogf49gjkf0d

Allegation of suppression is not sustainable when the information is
declared in balance sheet which is publicly available documents.

Facts

The appellant acted as an
intermediary between two companies 
and  received  brokerage 
for  such  services on which no service tax was
discharged. The lower authorities confirmed the demand under business auxiliary
service and the Commissioner (appeals) set aside the demands as being
timebarred, considering the fact that the departmental authorities were in
knowledge of the activity undertaken at the time of their departmental audit in
the earlier years. Accordingly, the revenue was in appeal.

Held

The tribunal noted that the
appellant acted as a commission  
agent   and   therefore  
service   tax   was payable under the category of business
auxiliary service. However, it was observed that the same issue of non­ payment
was not raised earlier during the departmental audit. Moreover, it was not in
dispute that receipt of brokerage was declared in the published balance sheet
of the company. Thus,  once the information
was declared in balance sheets which are publicly available documents, the
allegation of suppression is not sustainable and accordingly, the revenue’s
appeal was dismissed.

[2016-TIOL-2571-CESTAT-CHD] M/s Fermanta Biotech Ltd vs. Commissioner of Central Excise, Chandigarh

fiogf49gjkf0d

Suppression  cannot  be alleged when there is a failure to pay
service tax under reverse charge mechanism as there is a scope of
interpretation in such cases.

Facts

The appellant received services
from foreign based commission agents and failed to pay service tax under
reverse charge mechanism. on this being pointed out by the audit team, service
tax liability was discharged and a show cause notice was issued demanding equal
penalty u/s. 78 of the finance  act,
1994. The lower authorities confirmed the demand.

Held

The tribunal  noted that in this case, the services were
received from outside india and the tax was payable under reverse charge
mechanism. It was not a case where the services were provided and the service
tax is payable thereon. Accordingly, the benefit of doubt goes in favor of the
appellant and therefore the charges of suppression cannot be alleged. Thus
provisions of section 73(3) of the finance 
act are attracted and therefore, no show cause notice was required to be
issued and accordingly the penalty was set aside.

2016-TIOL-709-CESTAT-MUM] Milind Kul- karni vs. Commissioner of Central Excise, Pune-I

fiogf49gjkf0d

ii.   Tribunal

Reimbursements made to Overseas Branch Office by head Office in india
are not liable to service tax.

Facts

The appellant viz. the Head
Office had established network of branches at different locations outside the
country. The branches acted as salary disbursers of the staff deputed from
india to client locations and carried out other assigned activities. The
salaries and other expenses of running the branch are borne by the head office.
Payments made by the customers are also received in the branches and
transmitted to the head office after netting the expenses incurred by the
branch. Show Cause notice was issued demanding service tax under reverse charge
mechanism on the payments made to the branches considering it business
auxiliary services rendered by them to their head office along with interest
and penalties thereon. The adjudicating authority confirmed the demand
primarily on the basis that head office and its branches were different
persons. Accordingly, the present appeal was filed.

Held

The tribunal noted that there was no dispute
that the appellant   had   entered  
into   contractual   agreements with overseas customers for
supply of services which also involved onsite activity undertaken by deputing
employees at the site. Section 66a(2)  of
the finance act, 1994 provided that “a person carrying on a business through a
permanent establishment in India and through another permanent establishment in
a country other than India, such permanent establishments shall be treated as
separate persons for the purpose of this section”. The explanation 1 in s/s.(2)
has designated branches as business establishment overseas. It was observed
that the section is not elastic enough to govern the corporate intercourse and
commercial indivisibility of headquarters and its branches. Accordingly,  any service rendered to the other contracting
party by the branch as branch of the service provider would not be within the
scope of section 66A. Such a legal fiction in relation to overseas activities
is undertaken to prevent escapement from tax by resort to branches to take
advantage of principles of mutuality. A branch by its very nature cannot
survive without resources assigned by the head office. Its employees are the
employees of the organisation itself. There was no independent existence of the
overseas branch as a business. The transfer of funds by gross outflow or by netted
flow is, therefore, nothing but reimbursements and taxing of such reimbursement
would amount to taxing of transfer of funds which was not contemplated by the
act whether before 2012 or after. Accordingly the appeals were allowed.

2016 (44) STR 236 (Mad.) Sree Daksha Property 16 Developers Pvt. Ltd. vs. CCE, Coimbatore

fiogf49gjkf0d

Non-consideration of submissions made by assessee while
passing adjudication order, is an error apparent from record.

Facts

During
adjudication, petitioner asked for deduction of land value for determining
value of services and provided relevant information for calculation.
Adjudication got completed without considering such information and it was
stated that no corroborating and convincing evidences were produced.
Consequently, application for rectification of mistake apparent from record was
filed. The same was rejected by the department on the ground that this was not
an error apparent from record and it was Held that there cannot be a long drawn
process of reasoning on points if there are two opinions, relying on the
hon’ble Supreme Court’s decision in Sant
Lal Gupta vs. Modern Co-op. Group Housing Society 2010 (262) ELT 6 (SC).

Held

It
was Held that the power to rectify a mistake u/s. 74 of Finance  Act, 1994 cannot be put under a straight
jacket formula and each case has to be tested on its own Facts. Adjudication
order did not discuss the relevance or irrelevance of records produced by
petitioner and did not examine records. This was undoubtedly an error apparent
from records. Further,  opportunity of
being heard was not granted to the petitioner. Accordingly, the writ petition
was allowed.

2016 (44) STR 207 (M.P.) Indore Municipal 15 corporation vs. CCE (A), Indore (MP)

fiogf49gjkf0d

No  time  limit  is 
prescribed  under  Central Excise act, 1944 for filing
cross-objection
.

Facts

Department filed an appeal and sent
relevant documents to  the  appellants 
with  directions  to 
file  memorandum of cross
objections within 45 days. Due to non-receipt of order, one week’s time was
requested to file cross objections during personal hearing. Cross objections
and one appeal was filed thereafter. However, the same were rejected as
time-barred since department had dispatched the orders through speed post. However,
despite follow up with speed post department, the appellants could not gather
information as to whether the orders were delivered to them. Revenue argued
that in view of section 37C of Central excise act, 1944 read with section 27 of
General Clauses act, 1897, the burden of proof was on assessee to rebut the
presumption of service of speed post.

Held

The hon’ble high Court observed
that section 27 of General Clauses act, 1897 provides presumption for
registered post. However, having regard to section 114 of evidence act, burden
of proof was on assessee to prove that speed post was not delivered. In the
absence of any evidences, the issue was decided against the appellants.

Cross objections should be filed
within 30 days from receipt of notice of appeal vide order  41, rule 22 of CPC. Though direction was made
to file cross objection within 45 days, no time limit is prescribed under Central
Excise Act, 1944. Accordingly, cross objection filed within extended time
period allowed by the appellate authority and taken on record cannot be said to
be time-barred.

2016 (44) STR 31 (Mad.) Hitech Manpower 14 Consultant Pvt. Ltd. vs. CESTAT Chennai

fiogf49gjkf0d

Is condonation of a delay in filing an appeal beyond statutory
prescribed period possible?

Facts

An appeal was filed by Appellant
before the Tribunal after a lapse of statutory period of filing of appeal along
with application for condonation of delay. Appellant prayed that delay occurred
due to misplacement of order by security guard who received the order on
account of closure of company for the last four years. The tribunal dismissed
the appeal on the ground that the reason stated for the delay was not
acceptable.

Held:

On appeal before the high  Court, the Court observed that normally, fault
of employees cannot be a reason for condoning delay. But, considering the fact
of closure of company in this case, the Court agreed to condone the delay and
accordingly, set aside the order of the tribunal rejecting the appeal and
directed the tribunal to take up the appeal for hearing.

Transfer of intangible rights: Sale or service?

fiogf49gjkf0d

In a recently reported
case of Mahyco Monsanto Biotech (India) Pvt. Ltd. vs. Union of India 2016 (44)
STR 161 (Bom) whereunder two writ petitions, one filed by the captioned company
(referred to as the Monsanto) and the other filed by Subway Systems (India)
Pvt. Ltd. (Subway), Hon. Bombay High Court painstakingly examined whether each
of the transactions involved were liable for VAT or service tax.  Although the facts in both the petitions were
totally different, interestingly the petitions were tagged together on finding that
the issue involved was similar.  Facts in
both the cases are briefly summarized below:

Monsanto’s
case:

The petitioner, Monsanto
supplied to third parties certain type of hybrid cotton seed which was infused
with a proprietary technology that protects it against a known menace to cotton
corp.  From these hybrids, these parties
generate large quantities of sowable seeds which are in turn sold to cotton
farmers.  The end product seeds thus have
the benefit of menace protection technology. 
The parties to whom the technology is provided in the form of seeds, (known
as donor seeds) make commercial use of the technology.  In the backdrop of these facts, Monsanto has
claimed that this is a case of offer of technology through container seeds.  The party pays for technology and not
container.  They do not sell any goods to
the end user.  Therefore, there being no “transfer
of right to use”, they should be exigible to service tax.  Central to their claim was
non-exclusivity.  Monsanto licensed to various
third parties the said technology.  Those
developers in turn cannot sub-license the technology.  They use it to produce sowable seeds.  Therefore the recipients of technology obtain
right to use the technology but there is no transfer of that right.  The container seed is the only means by which
technology can be transferred.  Provision
of technology was followed by training for using donor seeds and developing
foundation seeds and training for undergoing regulatory tests before the
licensee could produce foundation seed. For this, a one-time fixed fee plus a
trait fee was received by Monsanto under the agreement with third parties.  Petitioner’s plea was that service tax and
VAT are mutually exclusive and well settled relying inter alia on BSNL 2006 (2) STR
161 (SC)
, Imagic Creative Pvt. Ltd.
vs. CTO 2008 (9) STR 337
and Association
of Learning and Finance Companies vs. UOI 2010 (20) STR
417
.  The petitioner’s main
contention was that there did not involve “transfer
of right to use goods”
in the transaction of providing donor seeds.  This was pleaded mainly on the ground that
there is absence of ‘exclusivity’ and inability of the transferor to transfer
the same right to another in terms of twin
tests
comprised in the five attributes required to be satisfied as laid
down in the case of BSNL (supra).  In
this judgment to constitute a transaction as one of “transfer of right to use the goods”, 5 attributes are required to
be satisfied viz. there are goods available for delivery, there is consensus ad
idem as to the identity of the goods, the transferee must have a legal right to
use the goods and the twin tests of temporary ‘exclusion’ of the transferor to
have the said right i.e. during the period the transferee has such right and
incapacity of transferor to again transfer the same rights to others.  According to the petitioner, the said test
applies to tangible and intangible goods equally and therefore the law laid
down in Duke & Sons (1999) 1 Mah LJ
26,
Tata Sons Ltd. vs. State of Maharashtra
(2015) 80 VST 173 (Bom)
and Nutrine
Confectionary Co. Pvt. Ltd. vs. State of Andhra Pradesh (2011) 40 VST 327 (AP)

did not represent correct position in law as certain facts were not made available
to the Court at the time these cases were decided. For instance, when Duke
& Sons’ case (supra) was decided, judgment of Supreme Court interpreting
Article 366 (29A)(d) was not available.  Further,
in Nutrine’s case (supra), BSNL’s test was not correctly applied and it was contrary
to BSNL.  Based on these submissions
among others, it was pleaded that their case is one of permissive use only and
not a sale or deemed sale. Since such transaction of permissive use is covered
under service tax law, it is one of service.

Subway’s
case:

In this case, the
transaction is a franchise agreement. Subway has claimed that franchise
agreement is a pure service.  Its
franchisees in Mumbai have obtained right to display Subway’s trademarks.  The franchisees enjoy no title to these trademarks.  This is therefore neither a sale nor a deemed
sale.  Subway’s business consists of possessing
non-exclusive sub-license from Subway International B.V., a Dutch LLC (which in
turn received in a second layer from an American company owning proprietary
rights) to establish, operate and franchise others to operate SUBWAY branded
restaurants, serving sandwiches and salads under the service mark, SUBWAY in
India.  Under franchise agreements
entered into with third parties, specified services are listed to enable
franchisee to operate sandwich shops in Subway’s name.  The rights are limited and they are non-transferable
or non-assignable.  Further, Subway
reserves the right to compete with its franchisees.  Consideration from the franchisees is received
by way of one-time franchise fee and royalty payable weekly based on weekly turnover.  The petitioner paid service tax since 2003 on
these fees.  The State Government however
contended that since the franchisee has acquired right to use trademarks, there
is a transfer of right to use those trademarks and therefore claimed VAT on
this in 2014 and issued notice to this effect and subsequently several show
cause notices as well as exparte assessment order.  The petitioner pleaded that the franchise
agreement was not one for sale or transfer of right to use but merely
permitting the franchisee to display certain marks and use certain technologies
and methodology to prepare salads and sandwiches for sale and this was a
permissive use.  Subway could enter into
as many / as few agreements with other franchisees even simultaneously and
could compete with its franchisees.  The
license provided thus is limited.  Apart
from this factual aspect, it was also pleaded for Subway that in the light of
several decisions of the Supreme Court on various composite contracts, Article
366(29A) was amended in 1983 whereby only under six specific situations,
transactions could be considered deemed sale and the amendment allowed specific
composite contracts to be divisible and by separating element of ‘sale’ it
could be taxed.  Subway’s agreement could
not be split and sale was not distinctly discernible.  However, the revenue contended that
‘franchise’ and ‘trademarks’ are expressly covered under MVAT Act since 2005 as
‘goods’ and therefore liable for VAT. 
Both revenue and the petitioner relied on Tata Sons Ltd. vs. State of Maharashtra (2015) 80 VST 173 (Bom). The
petitioner chiefly relied on Asian Oilfield
Services vs. State of Tripura (2015) SCC (online Tai 483
and BSNL (Supra) 
and Imagic Creative (supra).

Findings
of the Court:

The Court on a very
careful consideration in Monsanto’s case found that although ld. Counsel for
the petitioner commended that the transaction of transferring technology was
one of “permissive use”, in view of the Court, the said interpretation was not
supported by law.  The Court observed
that the seeds transferred were fully vested in the transferee.  On the issue of effective control, the Court
observed that effective control over the said seed and therefore that portion
of the technology embedded in the seeds was also transferred to the transferee.  The transferee could do whatever it wished
and Monsanto had no control left after the transfer.  Hence the transfer was to the exclusion of
Monsanto India and this satisfied the twin test laid down in BSNL.  The Court, in this context categorically observed
that BSNL’s judgment noted various factual aspects and the test was therefore
set out in those circumstances. Thus Hon. Supreme Court in that case did not
have occasion to consider its applicability to intangible property like
intellectual property.  The Court thus
also observed that Tata Sons (supra) was interpreted accordingly whereas Kerala
High Court in Malabar Gold (para 35), 2013 (32) STR
3 (Ker) took a contrary view.  It took
BSNL test to be applicable as a general proposition.  The Court expressed that they had serious
reservation about its universal applicability by stating, “we do not think this can ever be a correct reading of BSNL”.  Further that the Bombay High Court in Duke &
Sons (supra) held that test would not be applicable in the case of
trademarks.  According to the Court
therefore the law laid down in Duke & Sons is a good law.  The Court thus considered the instant case to
be the case of a transfer of the right to use goods while inter alia also
referring to various clauses in the agreement pointed out by the revenue in
support thereof.  For instance under a
specific clause 7.1, the sub-licensee could assign the agreement and its rights
and obligations under the agreement to its wholly-owned subsidiaries without
permission of Monsanto.  This according
to the Court would not happen if there was only permissive use as claimed by
the petitioner. Revenue’s reliance on the case of G. S. Lamba & Sons vs. State of Andhra Pradesh (2011) 43 VST 323
was viewed as well-founded by the Court while observing that in the instant
case, sub-licensing actually amounted to passage of effective control.  The Court also drew analogy in fair detail
with downloading of software by purchasing license.  The Court observed that when a license is
purchased, it is still a sale although what the user has purchased is a right
to use software.  Proprietary rights to
the software do not have to be transferred or sold.  On identical lines in the instant case
identified technology, the one which was infused in seeds were transferred to
use as the transferee wished.  The
intellectual property may continue to be owned by Monsanto.

Finding this case to be diametrically
opposed to model in the case of Subway, the Court observed that primarily
reliance on the case of Asian Oilfield and BSNL by the petitioner was correct
as Subway’s transaction could not be split into two distinct or severable
components.  If State was to be permitted
to tax the whole transaction, it would mean extending upon the power of the
Centre under the Union List.  The Court
noted that agreement between Subway and its franchisee is a bare permission to
use as there is no passage of any kind of control or exclusivity to the
franchisees and for all the reasons in law and fact that licensing of
technology in Monsanto is held to be transfer of right to use, the franchise
agreement in Subway’s case must be held permissible use only. 

The Court however noted
with caution to state that this did not mean that every franchise agreement
will necessarily be outside the purview of amended MVAT Act.  However, merely because of inclusion of
franchisees under MVAT Act would not automatically make all franchise
agreements liable to VAT.  There may be
class of agreements of franchise that would have all incidents of a ‘sale’ or a
“deemed sale” i.e. transfer of the right to use to attract VAT and not
otherwise.  However, limiting its view on
the agreement under the case of Subway, the Court opined that the facts of the
case does not constitute a sale exigible to VAT.  Equally it rejected a proposition that the
transaction which is nothing but a service could be converted as sale merely because
an entry is inserted in the State statute. 
Subway agreements are purely licensing agreements consisting of permissive
right to franchisees to use defined intangible rights, therefore not amenable
to VAT but a service liable for service tax.

Conclusion:

The above decision in
particular in the case of Subway relying on the decision of Tata Sons Ltd. vs. State of Maharashtra
(2015) 80 VST 173 (Bom)
based on an altogether different aspect reached a
verdict that the franchise agreement involved is exigible to service tax than
one reached in the  case of Malabar Gold Pvt.
Ltd. (supra).  In Subway’s case above, it
is found that only “permissive use” is granted under the agreement and
therefore it cannot be interpreted as “transfer of right to use goods” whereas
Kerala High Court decided “franchise agreement” as one of service simply based
on interpreting the tests provided in BSNL’s case (supra) as having general
proposition even vis-à-vis intangible goods like intellectual property. It is
important to note that in this case, the Court has categorically made a point
in the context of Monsanto’s case that in the case of BSNL (supra), Hon.
Supreme Court did not have occasion to examine the aspects of transfer of
intangible goods such as intellectual property. Therefore the tests laid down
therein for determining a transaction of “transfer of right to use goods”
should not be followed as having universal application and especially in the
context of transactions involving transfer of use of intangible goods.  A thin line divides a transaction of service
from that of sale.  The controversy soon
is likely to be part of history with the onset of GST regime coming into force
in a short while.  Yet, one cannot ignore
the hardship faced in this regard by a large number of tax compliant entities
which have paid tax under one law and has  to face wrath of the other for want of
appropriate law and mechanism to resolve the manmade issue.

(Readers may read the
above with March, 2016 issue of BCAJ article on transfer of use of intangibles
under service tax feature).