Mr. Premji’s comment at Wipro’s results press conference on October 31 was essentially a précis of the October 10 letter, to which he was a signatory. Nothing in his comments or the letter — the second in ten months — can be considered ‘perception’, especially when it comes to the second stint of the United Progressive Alliance (UPA). It is a fact, not perception, that no major project has got off the ground in this UPA term, on either environmental grounds or opposition to land acquisition. The infamous ‘no-go’ diktat on coal mining put on hold investments in critical infrastructure investment projects worth Rs.40,000 crore, and a recent decision for caseby- case relaxation can hardly be called policy. True, neither issue should be wished away, but as the letter astutely points out, there is a need to distinguish between ‘dissent’ and ‘disruption’. As for land acquisition and rehabilitation, the issues have become so contentious that no industrialist worth his profits wants to venture into new projects for fear of encountering frenzied farmer agitations. Yet, the government has done little to produce workable solutions, with the long-awaited draft land acquisition and rehabilitation legislation suffering a surfeit of socialism that is unlikely to enthuse industrialists or the land-loser. The industrialists’ letter has expended several paragraphs on corruption, the issue that has exercised middle-class civil society. But unlike the many activists, the letter highlights the burdens corruption imposes on the poor and addresses the issue realistically. Pointing to the need for a well-crafted Lok Pal Bill, it suggests such a law will only address episodic rather than systemic corruption. For that, the letter points out, judicial, land, electoral and police reforms are needed. No one can accuse Mr. Premji and his peers of suffering from perception problems on these issues either. There is a backlog of 31 million cases in the courts, a quarter of the members of Parliament have criminal charges pending against them and the police force is scarcely a model of civic uprightness. These are facts. (Source : Business Standard, dated 3-11-2011)
Category: Miscellanea
Greek dangers
The possibility of Greece debt crisis morphing into something more contagious cannot be ruled out. Japan is still struggling with spending cuts after the nuclear accident there. Look anywhere — US spending, China’s housing boom going awry and elsewhere — chances are that the global economy is on the edge again.
It makes much sense to set one’s own house in order. India needs to set many things right — from fuel pricing to inflation to deficit spending. It is, of course, in no way comparable with the Greek situation. And that is not the point. The issue is to be prepared to face uncertainty in the world economy and also any unforeseen external shocks.
Rich getting richer: 120k Indians hold a third of national income.
HNWIs, in this context, are defined as those having investable assets of $ 1 million or more, excluding primary residence, collectibles, consumables, and consumer durables.
According to the 2009 Asia-Pacific Wealth Report, brought out by financial services firms Capgemini and Merrill Lynch Wealth Management, at the peak of the recession in 2008, India had 84,000 HNWIs with a combined net worth of $ 310 billion. To put that figure in perspective, it was just under a third of India’s market capitalisation, that is, the total value of all companies listed on the Bombay Stock Exchange — as of end-March 2008. The average worth of each HNWI was Rs.16.6 crore.
Double dip ahead
It’s ironic that there is an astronomical unmet demand for livable urban space among all except the very rich, and it is a colossal failure of both the government and developers that an enormous business opportunity, which can make everyone better off, is not being created out of it. Despite the abolition of the Urban Land Ceiling Act in most parts of the country, there is no perceptible increase in urban land supply which can make possible large additions to affordable housing. This is because urban planning is not promoting mixed development sufficiently, nor is urban infrastructure being built keeping in mind transportation links between new residential areas and job centres. Even under these circumstances, the middle class would pay through the nose for a place to live in the hope of capital gains over time. But there are dampeners galore. Not satisfied with raising EMIs, banks are turning more cautious in the face of regulatory exhortations to be mindful of rising non-performing asset levels. Plus, there is a mountain of anecdotal evidence of how buyers are short-changed by developers.
A Bill to codify customer rights and offer recourse through the creation of a regulator has been hanging fire for a decade. Developers are opposing it tooth and nail and political leaders are in no hurry to upset them. Developers have a point when they say that the need to secure multiple sanctions delays projects and adds to costs. But the existing crop of developers has got into the business with its eyes open. It is popularly believed that they are both repositories and launderers of politicians’ black money. Thus, entrenched corruption at the grass roots (those who process the multiple sanctions required) and protection from top are blocking change and reform. With the central government appearing paralysed by fear of decisive action on such issues, it can only be hoped that some of the more confident and politically secure chief ministers will take the initiative for policy reform.
PM-in-hiding
The contrast with today could not be more striking, as the country seems to have a prime minister-inhiding. You see him seated at meetings, looking a trifle lost, or mouthing homilies at government functions (the MAFA syndrome — mistaking articulation for action). Other than that, he is both invisible and silent. This is no way to lead.
If his government is paralysed by inaction, and tarred comprehensively with the corruption brush, it is because Dr. Singh has not been true to his instincts, and too timid as the head of the government. Dayanidhi Maran as a stripling minister wrote to him in 2006, complaining that spectrum pricing should be left to him, not handed over to a group of ministers. Dr. Singh meekly acquiesced. Mani Shankar Aiyar wrote to him two years before the Commonwealth Games, i.e., before the bloated and wasteful spending began, to complain about Mr. Kalmadi’s budget-inflating habits. Yet Mr. Kalmadi was allowed to go his merry way till the damage was done.
When A. Raja cocked a snook at him, what was the response? Dr. Singh’s private secretary made the telltale request that the prime minister’s office be kept at arm’s length. In other words, he knew that skullduggery was going on, but wanted to turn a blind eye. On the spectrum scandal, he himself has explained that once two of his ministerial colleagues were in agreement, he did not think he could intervene! And now it transpires that a former secretary in the finance ministry (E. A. S. Sarma) wrote repeatedly to the prime minister, over two years, warning him of undue favours being done to private gas concessionaires like Reliance and Cairn, at the cost of the exchequer. He never got even a routine acknowledgement. Was Dr. Singh too scared to ask Murli Deora?
So the prime minister cannot say that he did not know. In every case, he was informed, and he chose to do nothing. This is not because he was corrupt; even his worst critics will not say that. Perhaps he felt there was no choice in a coalition other than to turn a blind eye to some goings-on (he once said something like “I am not in the business of losing my government’s majority”). But if an honest and public-spirited man allows scamsters around him to flourish, the stage comes when personal honesty is no longer a valid defence. And belated action under public and court pressure provides no absolution.
Stop appointing retired officials as Regulators — Recommendation part of Moily’s 10-point agenda to curb corruption
The agenda has been discussed with the advisor to Prime Minister Manmohan Singh on public information, infrastructure and innovations, Sam Pitroda, and Planning Commission member Arun Maira and has been submitted to the Prime Minister.
Moily, who was also Chairman of the second Administrative Reforms Commission, has pointed out that in view of the experience of the existing statutory regulators with retired officers and judges, the job of regulators should be restricted to serving officers and judges in order to improve accountability.
He has stressed this would need to be supplemented through a carefully planned capacitybuilding exercise at periodic intervals, which will bring in domain expertise and enthusiasm in the regulatory system, which is currently lacking. Other recommendations in the 10-point agenda includes a legislation on the lines of US False Claims Act, providing for citizens and civil society groups to seek legal relief in the cases of fraudulent claims against the government.
The proposed law would allow any citizen to bring a suit against any person or agency for a false claim against the government. If the false claim is established in a court of law, the person or agency responsible will be liable for penalty equal to five times the loss sustained by the exchequer or society.
Bringing in the Right to Service, various steps for improving urban land management, measures for improving administration in areas dominated by Naxals and tribals, a performance-related tenure of the government functionaries for making them more accountable, codification of guiding principles in a Civil Service Law, suggestions on functioning of Lok Pal and Lokayukta and unity of command and enforcement and accountability are also included in the 10-point agenda.
For ensuring integrity in appointment to public offices, Moily has suggested that charge-sheeted persons should not be considered for appointment. “This principle should be made applicable for persons contesting elections, also.”
Managing the Mudrochs — Media markets must remain competitive and open
The dominance of one business group in one segment of the media is dangerous, so is the increasing control of such dominant players across different segments of the media, namely, print, television and radio. While the Government has not come forward with the promised broadcast Bill yet, the new FM radio policy has shied away from more stringent curbs on cross-media ownership. The ‘play safe’ policy of auctioning licences to the highest bidder has been preferred obviously because of the controversy surrounding telecom licences, but there is a downside to ‘transparent auctioning’ in the media business. It can privilege the powerful. Companies with deep pockets end up pocketing licences in the name of so-called transparency. A more confident government would have laid down other criteria too, including restricting cross-media ownership.
The sharp practices by Mr. Murdoch’s men and women in Britain draw attention to the hubris of a media intoxicated by power, made worse by the direct control that owners often exercise over editorial content. The consequent blurring of lines between the business bottom line and the editorial line is an assault on the idea of media as the ‘fourth estate’ in a democracy. The Indian media has its Murdochs in every language publication and news channel. While the dominance of one or two media groups in each state and language market has not come in the way of a thousand flowers blooming, it has forced a large number of smaller players to become pawns in the hands of other business persons with deep pockets.
The Niira Radia tapes controversy in India drew attention to some of the unsavoury aspects of a nexus involving professional journalists, owners, politicians and business persons. This is only the tip of the iceberg. In various Indian states, the situation is worse with many Indian language media groups. The number of powerful politicians and business persons owning and openly controlling as well as manipulating the media is on the increase. The controversy surrounding former Union Minister Dayanidhi Maran is an example of the media baron-politician-business person nexus. The Murdoch murk in Britain is a reminder of what could happen in India in the absence of regulation, rules of the game and codes of conduct aimed at preventing such unfair professional and business practices.
Will the SIT on black money solve the problem?
Why, then, is there discord or murmur when courts issue orders commanding the authorities to enforce laws and in cases in which such authorities, particularly executive authorities, fail to act in national and public interest? It will not be correct to say that in making such orders Courts encroach on the jurisdiction of either the Legislature or the executive authorities who are empowered to act for enforcing such provisions.
No one can say depositing money and transactions and deposits in a foreign bank in violation of laws should be ignored and such violators allowed to go free without being punished and that it will not affect national security and public interest. Against this background, let us appreciate the value of the appointment of the Special Investigation Team (SIT) by the Supreme Court to ensure that laws are implemented and black money is brought under proper action.
The point that the appointment of an SIT is innovative is uncalled for and misconceived. The Court has appointed an SIT, for example, to investigate the Gujarat riot cases. This is the first time, however, that the Court has appointed an SIT in a case associated with finance and black money. This has been done in the interest of the State and public interest. When the authorities concerned have failed to act, setting up an SIT is a noble cause and a step that urgently needed to be taken. Arguments that there are agencies assigned for such work and the Court should have exercised discretion to direct any such authority to take steps instead of appointing an SIT are also uncalled for. The Bench of Judges that has passed this order was also conscious of this fact. The SIT is constituted by taking officers from all such relevant agencies. Since any such agencies have limited powers, one or the other agency alone may not be able to locate and find black money, fix responsibility for violations and prosecute.
No one should feel hurt if a Court asks authorities to act in the interest of the State and public interest. After all, the Court has issued such orders only when others designated to act failed to do so. Such orders are a welcome relief in the prevailing situation.
Wrong move — The point is to go after the tax evader, not squeeze taxpayers further.
Last year, around 10,600 tax-filers reported annual incomes over Rs.1 crore. The number dropped to 1,257 for those with an yearly income of over Rs.5 crore. Hardly surprising, given that less than 3% of people file tax returns in India. The base of income tax should be widened to raise the level of tax collection to GDP. The best way to do that is to expand the coverage of AIR. Also, moderate income tax rates, simple and transparent tax laws will improve compliance and stop generation of black money.
Charitable trusts under I-T scanner
Scrutiny of cases where misuse of tax exemption has been noticed and modifications in reporting procedures to capture their activities, funding patterns and income are among measures taken for streamlining procedures. The Directorate of Exemption has already identified a substantial number of cases, which are being selected for scrutiny. These cases pertain to the new proviso added to section 2(15) of the Income-tax Act, applicable from 2009-10.
The new norm disentitles tax exemption to any trust or society, engaged in the advancement of any object of general public utility, if it collects fees or other charges for services rendered in the nature of business, commerce or trade.
The Directorate has suggested a criteria for selection of cases during the current year. It includes quantum of refund claim, quantum of investment, gross receipts and income from business and profession.
Modifications in Form No. 10-B associated with the auditors’ report for charitable institutions has also been planned to get full details of activities of these entities. The proposed modified features include disclosure of nature of charitable activities and places of primary business.
Further, complete information with regard to donation by both internal and external donors with details of Foreign Contribution Regulation Act (FCRA) approvals would also be required in this format.
Details of exemption claims made simultaneously under different provisions, yearwise break-up of accumulation and utilisation of funds, information in respect of cash transactions, Tax Deducted at Source (TDS) compliance and other business transactions would have to be furnished once the Central Board of Direct Taxes (CBDT) approves this new form.
A new income tax return form for public charitable trusts is also being prepared by the Directorate to facilitate comprehensive reporting of their income and expenditure. It would facilitate e-filing and help in selecting cases for investigation and would also provide details of foreign, anonymous and corpus donations, donation in kind and FCRA approvals.
Choosing head of IMF: Self goal
If the country needed a wake-up call, it has got it in the run-up to choosing a new managing director of the International Monetary Fund. First, there was the small matter that its favoured candidate for the post was over-aged — a fact ignored for several days amidst expectant speculation. It now turns out that China, while seeming to go along with the BRICS position that the choice should not automatically go to a European, has done a deal while quietly offering support to the French candidate. There is a precedent worth recalling: the election of the United Nations Secretary-General. The Government backed Shashi Tharoor’s candidature when he had little hope of winning because the US preferred a candidate from another ‘risen’ country with whom it has a military alliance, South Korea. India, in comparison (and rightly so), seeks strategic autonomy in international relations.
Such tactical mistakes are not without cost. If it turns out that China has in fact done a deal, securing the No. 2 position at International Monetary Fund (IMF) for its national as quid pro quo for supporting Christine Lagarde, then India has scored an own goal. From the perspective in New Delhi, a European or American would have been preferred in that position, rather than a Chinese. Indeed, the Prime Minister is known to have argued in the past that having a European at the head of the IMF has served India well. What might happen in the IMF could be a precursor of other things to come. Pushing for re-ordering the global order, and a declining role for the West, means that the default country that gets to fill the power vacuum will be China — which after all has an economy thrice as big as India’s, a much greater role in world trade, a pivotal place in the currency market, and much else.
BRICS solidarity is also a double-edged sword. In the Doha Round of trade talks, the rich countries have been able to drive a wedge between ‘emerging markets’ like India and the more numerous poor economies, by pointing out that the two groups’ interests are not synonymous. In a recent meeting of the World Trade Organisation, some of the fiercest criticism of BRICS positions came from poor countries in Africa. In short, India should be careful about what it wishes to achieve in international affairs and how it leverages group dynamics; it might well get what it asks for — only to discover that the earlier arrangement was more to its advantage.
The Finance Minister must focus on the fiscal challenge
The only thing that has saved the Union Government’s fiscal strategy so far, especially in the face of sluggish revenue receipts, is the less-than-budgeted defence expenditure. It was widely expected that immediately after the state Assembly elections were wrapped up the Government would attend to the extant fiscal challenge. Apart from the heroic increase in petrol prices, no other action has been taken. On the other hand, it appears that the Finance Ministry may not be able to meet the disinvestment target it had set. While no one expects last year’s bonanza to be repeated this year, even budgeted amounts may not be forthcoming if the overall approach to macroeconomic management remains lack lustre.
The delay in tax reform — with the introduction of a Goods and Services Tax still on hold and the apparent inability of major political parties to focus attention on issues pertaining to revenue mobilisation and revival of growth — is raising fresh concerns about the sustainability of even 8.0% economic growth. With the international economic environment remaining precarious and far from stable and with regional security re-emerging as a major policy concern, the gathering clouds do not bode well for growth, revenue generation and fiscal correction. It is not our intention to sound needlessly alarmist, but the time has come to ring a warning bell. India’s macroeconomic authorities must focus on fiscal stabilisation and Mr. Mukherjee has to provide the leadership as Finance Minister.
America’s political deficit
This, however, is not yet an outright downgrade of US sovereign debt and it is unlikely that the US government will default on its credit obligations in the near future. However, if concerns about fiscal health intensify (US treasury credit default swap spreads have been rising steadily), the status of US treasury bonds as the ‘default’ safe haven (and by extension the US dollar) in times of rising risk aversion will come into question. Europe’s travails rule out any European alternative. The only viable safe haven appears to be gold and German bonds, since Germany’s robust growth (and, consequently, its fiscal health) seems to be miles ahead of its moribund neighbours. One could argue that emerging markets like India and China, despite their immediate inflation problem, should get the safe haven status. Their underlying growth momentum (cyclical corrections notwithstanding) remains strong and their fiscal health, at least in comparison with the Western world, certainly looks to be in the pink. On the other hand, emerging markets could face other problems. Where US treasury yields to rise on the back of fiscal anxieties, it could turn off the spigot of cheap dollars that have been flooding these markets. Asset prices in these markets could see a sharp correction. Commodity prices that have ridden the wave of easy liquidity could also be hit. The worst-case scenario would be one in which rising interest rates and a heavy fiscal burden could drive the US economy down and that, in turn, would pull the global economy back into the throes of a recession. Though this seems a tad unlikely at this stage, one cannot simply wish the likelihood away. The world expects better leadership from US politicians, but S&P is clearly doubtful if this would be forthcoming.
Tragic state of our Universities — University of Pune’s Institutes run sans approved teachers
A Supreme Court order had asked colleges to have full-time approved principals and teachers in place or face punitive action like a ban on admissions to first year of courses in the 2011- 12 session. Seventy-seven of the 125 colleges have secured court relief against possible action. The university will stop admissions in the 48 other colleges.
At the meeting, senate members raised questions on how exams for students from these colleges were conducted, who assessed their papers and what action the varsity was taking to ban first-year admissions in the 48 colleges.
They also demanded a panel to probe how the local inquiry committees recommended continuation of affiliation for the 125 colleges. Director of UoP’s board of college and university development W. N. Gade and controller of exams S. M. Ahire could not placate the senate, which wanted to know if answer papers were assessed at the colleges lacking approved staff.
Ironically, the university was recently accorded the highest ‘A’ grade by the National Assessment and Accreditation Council. The university’s approval of teaching staff makes students of affiliated colleges eligible for exams. Without approved teachers/principals, a college cannot be an exam centre. Students then take their exams in the nearest college with approved staff. If the college is unable to accommodate more students, it assigns two approved teachers to the college to be ‘custodians’ of the varsity’s exam material, including answer papers.
The norms are ambiguous on who should assess answer papers of colleges lacking approved teachers.
Shunglu Committee Report reveals scale of waste — Don’t bury it
Welfare law delusion — After passing legislation the Court has to prod the executive at every step for years to enforce them
The construction industry is said to be the second largest one after agriculture. It is labour-intensive, employing 20 million and it is estimated that every Rs.1 crore invested on construction project generates employment of 22,000 unskilled man-days and 23,000 skilled or semi-skilled man-days. Recognising its importance, Parliament passed the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers’ Welfare Cess Act, 1996.
The government stated in the preamble that construction works are characterised by their inherent risk to the life and limb of workers. The work is also characterised by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities. Although the provisions of various labour laws like the Minimum Wages Act, Contract Labour (Regulation & Abolition) Act and Inter-State Migrant Workmen (Regulation of Employment & Conditions of Services) Act are applicable to building workers, there was no comprehensive central legislation for this category of workers. The two enactments were aimed to improve matters.
After nearly 15 years, the central and state governments have done little to implement these laws. Ten years after the laws came into force, a public interest petition was moved in the Supreme Court pointing out the non-implementation of the provisions of the Acts (National Campaign for Central Legislation on Construction Labour v. Union of India). The Court passed several orders over the years asking state governments to implement the main provisions of the law. There was little response. Last week, the Court took a tough stand and summoned five top labour officers in the country to be present in the Chief Justice’s Court and explain the lapse.
The dubious honour goes to the Union Labour Secretary, the Director General of Inspection, Government of India, and Labour Secretaries of Nagaland, Meghalaya and Lakshdweep.
The Court stated that many among the 36 states and Union territories have not taken even the initial steps. They have not appointed ‘Registration Officers’ before whom the employers of workers have to register their establishments. They have also ignored their obligation to constitute state welfare boards.
Anna Hazare’s movement combines new and old ideals
While the movement’s leader, Anna Hazare, is a Gandhian, adopting the Mahatma’s method of fasting, many joining him are not satyagrahis shaped by austerity. Several are middle-class Indians, moulded by professionalism, progress and consumption. Many are youth in university or jobs, shaken by what they see, stirred into joining an elderly leader who refers to another leader’s practices, which for many have passed into the realm of cliche. The agitation is strong enough, however, to override these divisions. Corruption, exemplified by a terrible year of scams, is the oil fuelling such coalescing.
However, there’s more. The Indian middle class is not only demanding accountability but dignity in citizenship. This notion has been catalysed by recent cases like Rizwanur Rehman’s and Ruchika Girhotra’s, where regular middle-class lives were crushed by a brutal nexus of political and financial clout. The booing away from Jantar Mantar of Om Prakash Chautala, one of the political shields around Ruchika’s tormentor, police officer S. P. S. Rathore, reflected public anger with precisely this sort of nexus. This reflects growth in ideas about citizenship. Previously, notions of citizenship were limited to a small, well-educated elite. Today, this circle has perforce widened. Media and travel have changed the way people think. Indians are increasingly aware of countries where bribery isn’t normal, where murders get punished even when committed by the powerful. It’s become apparent that globalisation is not just about mobile phones and malls, but lawful, equal societies, an ideal many are now demanding.
The media is their ally. Starting with the Jessica Lal case in 1999, the media began acting as mirror and motor to civil society agitation, transmitting information about unpunished crimes, locations to gather at and modes of protest, like candlelight vigils, email and text campaigns. The Internet also sees massive following for Hazare’s movement. All this gives lie to the notion of middle-class Indians being ‘apathetic’ to politics. Where once frustration existed without cohesiveness, today there are effective means to channel feelings, forums to gather at, ways to debate and discuss. Several ‘ideas of India’ are emerging. Many Indians feel a deeper connection to their country. In that sense, Anna has won the war even as the battle persists.
Lost in Mumbai? Google Transit to the rescue
Users need to visit www.google.com/transit and key in the start and endpoints of their proposed journey. Google then uses algorithms to churn out the best possible routes. The application, which is available in desktop and mobile versions, utilises a database of BEST bus routes as well as the railway routes and schedules on the Western, Central and Harbour lines.
However, this is not the first application that encourages people to use public transport. The BEST runs its own application on www.bestundertaking.com.
Lokpal Bill — Probity: Different yardsticks
1. The Lokpal will have jurisdiction only over the Prime Minister, ministers and MPs
2. The Lokpal will not have suo motu power to initiate inquiry or even receive complaints of corruption directly from the public. The complaints will be forwarded to it by the presiding officer of either House of Parliament
3. It is purely an advisory body and can therefore only give recommendations of the Prime Minister on complaints against ministers and to the presiding officer of either House on complaints against the Prime Minister and MPs
4. Since it has no police powers, the Lokpal cannot register an FIR on any complaint. It can only conduct a preliminary enquiry
5. Anybody found to have lodged a false complaint will be punished summarily by the Lokpal with imprisonment ranging from one year to three years
6. The Lokpal will consist of three members, all of them will be retired judges
7. The committee to select Lokpal members will consist entirely of political dignitaries and its composition is loaded in favour of the ruling party
8. If a complaint against the Prime Minister relates to subjects like security, defence and foreign affairs, the Lokpal is barred from probing those allegations
9. Though a time limit of six months to one year has been prescribed for the Lokpal to conduct its probe, there is no limit for completion of trial, if any
10. Nothing has been provided in law to recover ill-gotten wealth. After serving his sentence, a corrupt person can come out of jail and use that money.
Jan Lokpal Bill (Civil society version):
1. The Lokpal will have jurisdiction over politicians, bureaucrats and judges. The CVC and the entire vigilance machinery of the Centre will be merged into the Lokpal
2. The Lokpal cannot only initiate action on its own, but it can also entertain complaints directly from the public. It will not need reference or permission from any authority
3. After completing its investigation against public servants, the Lokpal can initiate prosecution, order disciplinary proceedings or both
4. With the corruption branch of the CBI merged into it, the Lokpal will be able to register FIRs, conduct investigations under the Criminal Procedure Code and launch prosecution
5. The Lokayukta can only impose financial penalties for complaints found to be false
6. The Lokpal will consist of 10 members and one chairperson, out of which only four are required to have legal background without necessarily having any judicial experience
7. The selection committee will be broad-based as it includes members from judicial background, Chief Election Commissioner, Comptroller and Auditor General, retired Army Generals and outgoing members of the Lokpal
8. There is no such bar on the Lokpal’s powers
9. The Lokpal will have to complete its investigation within one year and the subsequent trail will have to over in another year
10. Loss caused to government due to corruption will be recovered from all those proved guilty. (Source: The Times of India, dated 8-4-2011)
Sport and nation — Given the market for cricket, why tax breaks and cash awards?
The players, their coaches and selectors have all been adequately rewarded not just in kind, but also in cash. In any case, India’s cricket players are the richest among the country’s sportspersons, given the money in the sport, the sponsorships and the advertisement budgets. The glistening diamonds worn by the wives of Indian cricketers, and their fancy cars, tell a tale of adequate recompense. So why did the taxpayer have to shell out more cash, in the form of cash awards from state governments and a tax break from the central government? There are games sportspersons play to win and there are games they play to make money. The Indian Premier League is a money-making enterprise. But a World Cup match is about winning for the country. It is the kind of achievement that finds recompense in the form of a Padma Shri or a Padma Bhushan award.
But tax breaks and cash awards from the government are an unnecessary indulgence. Gujarat’s Chief Minister Narendra Modi has resisted the cash award idea; instead, he has so far restricted himself to giving the Eklavya award. Some of India’s world-class sportspersons deserve financial support given the lack of adequate investment and the absence of a mass market in their respective sports. Cricket is certainly not one of them. The market is doing a good job, and the government, too, has done a good, indeed an excellent, job in ensuring security and safety of the players and the huge audience. Having done the job it must, and that too well, the government need not have tried to ingratiate itself with the players with more cash!
Indians among world’s happiest people.
“The world is a happier place today and we can actually measure it because we have been tracking it,” said John Wright, senior vice-president of Ipsos Global, which has surveyed the happiness of more than 18,000 people in 24 countries since 2007. But he added that expectations of why people are happy should be carefully weighed. “It is not just about the economy and their well being. It is about a whole series of other factors that make them who they are today.”
Brazil and Turkey rounded out the top five happiest nations, while Hungary, South Korea, Russia, Spain and Italy had the fewest number of happy people. Perhaps proving that money can’t buy happiness, residents of some of the world biggest economic powers, including the United States, Canada and Britain, fell in the middle of the happiness scale. “Sometimes the greatest happiness is a cooked meal or a roof over your head,” he explained. “Relationships remain the No. 1 reason around the world where people say they have invested happiness and maybe in those cultures family has a much greater degree of impact.”
White lies on black money.
In India, the easy fixes to curb tax evasion and the generation of black money have all been exhausted: there will be few, if any, taxpayers who try and evade what they owe the government. The tax administration is robust enough to detect and capture evasion by these citizens. The problem lies elsewhere.
The white paper itself illustrates these issues. Three examples can be highlighted. The issue of taxation of wealth generated in the businesses linked to exploitation of natural resources such as mining, hydrocarbons, telecom and other related sectors; the problem of income in “vulnerable” sectors such as real estate and, finally, the issue of political willpower required to make a difference. In each of these, this government has been an abject failure.
Consider the natural resources sector first. The problem lies in the vast discretionary powers enjoyed in allocating these resources. From spectrum allocation to that of issuing mining licences, there has been little or no transparency. The result is that there are inbuilt drivers to generate illicit wealth. If anything, this government is complicit in this process: it is deeply unhappy with auctions as a process to allocate these resources. In a firstcome- first-served process, there is ample scope for corrupt practices. Clearly, it has to address that issue before it can even argue that natural resource allocation processes are a problem. In fact, the sector can only be dubbed as a ‘politically exposed sector’.
In case of ‘vulnerable’ sectors such as real estate, the cause and effect are mixed: real estate is both a recipient and a generator of black money. Illicit gains made elsewhere can be parked in residential and commercial property without much fear of tax enforcers. But that is just one part of the problem. The high taxes — stamp duty is a prime example — levied make evasion a worthwhile chase. And high stamp duty being an important source of revenue for many states ensures that undervalued transactions are a norm and not an exception.
Finally, this government lacks the willpower to deter potential tax evaders — the big fish that is. The surest way to do so will be to disclose the names of evaders that are available with the government. Given that our politicians are sure to figure on such a list, confidentiality of agreements with other governments and, hold your breath, human rights of tax evaders (page 68 of the white paper) come in the way of public disclosures. This is difficult to believe.
Don’t blame Greece for our problems.
“No one is going to believe if we say our problems are because of Greece. Our problems are self-inflicted”, says the celebrated banker, reasoning that the “root cause of India’s troubles lies in a decline in its values”.
“It isn’t a question of some fiscal, inflation or some other problem like a fall in the value of the rupee. It doesn’t have to do with the change in recent times in our tastes with regard to music, clothes, marriage or some social mores. Those are irrelevant. What is hurting is that our core values are disappearing and it has been six decades of decline with the political, economic and industrial leaderships dropping in integrity,” he says. Blending his characteristic wit with banking analogy, Vaghul says,
“the root cause of our financial crisis is that we have created derivatives without underlying assets,” referring to the decline in values in all spheres of life. Holding forth on the importance of upright leadership at an event here to remember banking stalwart and former SBI chairman R. K. Talwar, Vaghul said work ethics ought to be the cornerstone on which to build careers and industry and that the decline in values witnessed all around reminded one of the importance of the philosophy of those like Talwar, who thought everyone was an instrument of the divine.
Corporate anonymity — Incorporation with limited liability is a privilege. It should not include anonymity.
Limited liability allowed Elizabethan adventurers to finance voyages to spice islands; it allows Silicon Valley technologists now to make similarly risky bets. But limited liability is a concession — something granted by society because it has a clear purpose. It is unclear why in parts of the world anonymity became part of the deal. Efforts to withdraw that unjustified perk deserve to succeed. In dozens of jurisdictions, from the British Virgin Islands to Delaware, it is possible to register a company while hiding or disguising the ultimate beneficial owner.
This is of great use to wrongdoers, and a huge headache for those who pursue them. Anonymously owned companies can buy property, make deals (and renege on them), launch intimidating lawsuits, manipulate tenders — and disappear when the going gets tough. Those who seek redress run into baffling bureaucracy and a legal morass. Seeking real names and addresses means dealing with lawyers and accountants who see it as their job to shield their clients from nosy outsiders.
Owning up
Reform ought to be simple. Anyone registering a limited company should have to declare the names of the real people who ultimately own it, wherever they are, and report any changes.
Lying about this should be a crime. Some dodgy places will try to hold out. But anti-money-laundering rules show international co-operation can work. You can no longer open an account at a respectable bank merely with a suitcase of cash. Let the same apply to starting a limited company.
How to declutter your mind.
Breath: Take a few deep breaths and relax. Concentrate on your breathing as it comes in and goes out of your body. This has a calming effect and allows other thoughts to float away.
Write it down: Pen down your thoughts. It helps to get them on paper and off your mind. This keeps your head from being filled with everything you need to do and remember. List and prioritise: Tasks that are critical to do today, tasks that you need to do in the next 1-2 weeks — prioritise what’s urgent and important.
Eliminate: Now that you’ve identified the essential, identify what’s not essential and eliminate those items. It declutters your mind really fast.
Decide now: List the things which you are yet to decide. Stop procrastinating and tackle them. Do a physical activity: Spending some physical energy clears the mind. Reduce TV time: It fills your head with noise. By reducing it, you will find that you have time for the more important things in life.
Take a break: Short breaks during work hours will help you feel more re-energised and fresh. Go slow: Life is not a race all the time. Do things one at a time. Relax and move at your own pace. As a result, your mind is less hassled.
Forgive and forget: Harbouring negative emotions of anger and frustration only add to the mental stress.
Time for change — The country needs a new government, under a new leader.
Many other things are wrong with this government. For a start, its leading lights are simply too old. The prime minister will be 80 in a few months, while the foreign minister is already 80. Mr. Mukherjee is 77, and Mr. Antony 71. Among those exercising the sovereign functions of the state, only Mr. Chidambaram (67) is below 70. In the Cabinet as a whole, 15 of 34 ministers are 70 or older. Any government with so many old people, who have little to look forward to other than political survival for a few more years, is likely to be short on energy and initiatives, and tied to old ways of thinking. It also matters that most of the stalwarts in the Cabinet are political lightweights who have no real clout with voters in their states.
A lightweight prime minister has around him a bunch of other lightweights. This may have to do with the nature of the Congress party — if it is to be protected and preserved as family property, the party’s only real vote-getters must be from the Gandhi family; and young ministers like Jyotiraditya Scindia and Sachin Pilot cannot be allowed to flower too early or they might outshine Rahul Gandhi. It is frequently said that the bane of this government has been its recalcitrant allies. Perhaps, but how much of the failure to carry them along rests with the Congress? How often has the UPA actually met as an alliance? Why does it not have a common minimum programme, which everyone has agreed on? Why is there no effective system of discussion and consultation? Is it simply because the leading lights of the UPA lack political ability — the prime minister is reticent if not retiring, the home minister gets people’s backs up, and the finance minister has too much on his plate to focus on anything in particular? In any case, the ministerial mathematics tells its own story: 28 out of 34 Cabinet posts are with the Congress, as also all seven positions of minister of state with independent charge; that’s a score of 35 out of 41. Of the six posts with five allies, the government has got almost unstinting support from Sharad Pawar’s Nationalist Congress, Farooq Abdullah’s National Conference and Ajit Singh’s Rashtriya Lok Dal. When push came to shove, the Dravida Munnetra Kazhagam too played along, even allowing its Cabinet representation to shrink. The sole problem case can be said to be Mamata Banerjee. Is this really an unmanageable situation, or a failure of management?
Lionising the indicted — Politics must reconnect with respect for law, propriety.
In that sense, the two are on different planes. But it is necessary to ask whether the Dravida Munnetra Kazhagam (DMK) is no better than some of the Akali factions when they cock a defiant snook at the law. It was left to the General who led Operation Bluestar to express his unhappiness at a memorial being built in memory of those killed by soldiers during Bluestar, since those killed included terrorists and armed separatists.
As for Mr. Raja, he is technically innocent, since no court has declared him guilty, but he has been indicted in no uncertain terms, as a simple reading of the Comptroller and Auditor General’s (CAG’s) report on the telecoms scam shows. He twisted the principle of ‘first-come-first-served’ by fixing arbitrary cut-off dates and other criteria in such a manner as to make the ultimate choice of licensees completely arbitrary, and therefore devoid of principle. Even when it came to simple paperwork, he gave licences to companies that did not qualify or were not eligible because they had not given the prescribed information or the prescribed documentation in time. Whether he committed any crime is something that is yet to be determined, as also the question of any quid pro quo. But on the evidence already set forth, it is clear that Mr. Raja is not someone who should be getting lionised by any serious political party, given that his handling of a ministerial portfolio did not set standards worthy of emulation. That the DMK has chosen to lionise such a person tells the country that politics in Tamil Nadu is as disconnected from propriety as it is in Punjab.
Archives and archaism.
The latest example is its purchase of the Gandhi- Hermann Kallenbach papers. Kallenbach, an architect, was a close collaborator of Gandhiji in South Africa. The two issues may appear distinct, but they are not. The history of a country can’t be divided into what is acceptable to the government and what is not: that is not history, it is hagiography.
No Indian scholar has access to papers on vital post-1947 events such as the 1962 war with China, let alone recent matters such as our involvement in Sri Lanka after 1987. India’s archives access policy is perhaps one of the most illiberal anywhere in the world. It should be discarded fast.
Sanction for prosecution: SC order brings cheer to beleaguered CVC.
“Sanctioning of prosecution by competent authority within a timeframe of four months will be a big help in fighting corruption, and will expedite action against corrupt public officials,” CVC Pradeep Kumar told TOI.
The CVC’s response came in the wake of the Supreme Court saying that “delay in granting such sanction has spoilt many valid prosecution and is adversely viewed in public mind that in the name of considering a prayer for sanction, a protection is given to a corrupt public official as a quid pro quo for services rendered by the public official in the past or may be in the future and the sanctioning authority and the corrupt officials were or are partners in the same misdeeds”.
The CVC has been at the receiving end of delaying tactics adopted by various departments to stall prosecution of officials against whom corruption proceedings are pending. As of December 2011, prosecution sanction was pending in at least 24 cases for more than four months.
In November, there were 28 cases pending with 17 ministries for over four months. The highest, of 10 pending cases, was with the Finance Ministry — four of them before the Central Board of Direct Taxes and four of them before the Central Board of Excise and Customs.
Their birth right! (right or wrong?) judge for yourself!
Majority wins: Bombay High Court paves way for redevelopment.
The ruling is significant as it seals the fate of the dissenting few and holds that the resolution, if passed at a meeting held legally, will be binding on all members of a cooperative housing society.
Schooling not enough.
SC tells HCs not to stay corruption probes unnecessarily.
“Unduly long delay has the effect of bringing about blatant violation of the rule of law and adverse impact on the common man’s access to justice,” said a Bench comprising Justice A. K. Ganguly and Justice T. S. Thakur in its judgment.
The Bench said, “a person’s access to justice is a guaranteed fundamental right under the Constitution and particularly Article 21. Denial of this right undermines public confidence in the justice delivery system and incentivises people to look for shortcuts and other fora where they feel that justice will be done quicker. In the long run, this also weakens the justice delivery system and poses a threat to Rule of Law”.
Taking into account that such pendency were related to HC orders putting on hold the trial/ investigations into the criminal cases, the SC said, “the power to grant stay of investigation and trial is a very extraordinary power given to High Courts and the same power is to be exercised sparingly only to prevent an abuse of the process and to promote the ends of justice”.
The Bench passed a slew of directions to the HCs to reduce such pendency like disposing of such proceedings as early as possible, preferably within six months from the date its stay order, etc. The SC also asked the Law Commission to inquire into the issue and submit a report on it.
The Bench took into account that the pendency in criminal cases related to murder, rape, kidnapping and dacoity in different High Courts, varies from 1 to 4 years. Out of 201 cases, 34 such cases out were pending in Patna High Court and 33 out of 653 cases in Allahabad High Court were pending for eight or more years.
Economic Assessment – Raghuram Rajan: A case for India
India does have serious problems. Every commentator today highlights India’s poor infrastructure, excessive regulation, small manufacturing sector, and a workforce that lacks adequate education and skills.
These are indeed deficiencies, and they must be addressed if India is to grow strongly and stably. But the same deficiencies existed when India was growing rapidly. To appreciate what needs to be done in the short run, we must understand what dampened the Indian success story.
In part, India’s slowdown paradoxically reflects the substantial fiscal and monetary stimulus that its policymakers injected into its economy in the aftermath of the 2008 financial crisis. The resulting growth spurt led to inflation, especially because the world did not slide into a second Great Depression, as was originally feared. So monetary policy has since remained tight, with high interest rates contributing to slowing investment and consumption.
Moreover, India’s institutions for allocating natural resources, granting clearances and acquiring land were overwhelmed during the period of strong growth. India’s investigative agencies, judiciary and press began examining allegations of largescale corruption. As bureaucratic decision-making became more risk-averse, many large projects ground to a halt.
Only now, as the government creates new institutions to accelerate decision-making and implement transparent processes, are these projects being cleared to proceed. Once restarted, it will take time for these projects to be completed, at which point output will increase significantly.
Finally, export growth slowed, not primarily because Indian goods suddenly became uncompetitive, but because growth in the country’s traditional export markets decelerated.
The consequences have been high internal and external deficits. The post-crisis fiscal stimulus packages sent the government budget deficit soaring from what had been a very responsible level in 2007-08. Similarly, as large mining projects stalled, India had to resort to higher imports of coal and scrap iron, while its exports of iron ore dwindled.
An increase in gold imports placed further pressure on the current-account balance.
For the most part, India’s current growth slowdown and its fiscal and current account deficits are not structural problems. They can all be fixed by means of modest reforms. This is not to say that ambitious reform is not good, or is not warranted to sustain growth for the next decade. But India does not need to become a manufacturing giant overnight to fix its current problems.
The immediate tasks are more mundane, but they are also more feasible: clearing projects, reducing poorly targeted subsidies and finding more ways to narrow the current account deficit and ease its financing.
Every small step helps, and the combination of small steps adds up to large strides. But, while the government certainly should have acted faster and earlier, the public mood is turning to depression amid a cacophony of criticism and self-doubt that has obscured the forward movement.
Indeed, despite its shortcomings, India’s GDP will probably grow by 5-5.5% this year—not great, but certainly not bad for what is likely to be a low point in economic performance. The monsoon has been good and will spur consumption, especially in rural areas. The banking sector has undoubtedly experienced an increase in bad loans; but this has often resulted from delays in investment projects that are otherwise viable. As these projects come onstream, they will generate the revenue needed to repay loans. In the meantime, India’s banks have enough capital to absorb losses.
Likewise, India’s public finances are stronger than they are in most emerging-market countries, let alone emerging-market countries in crisis. India’s external debt burden is even more favourable, at only 21.2% of GDP (much of it owed by the private sector), while short-term external debt is only 5.2% of GDP. India’s foreign-exchange reserves stand at $278 billion (about 15% of GDP), enough to finance the entire current account deficit for several years.
That said, India can do better—much better. The path to a more open, competitive, efficient, and humane economy will surely be bumpy in the years to come. But, in the short term, there is much low-hanging fruit to be plucked. Stripping out both the euphoria and the despair from what is said about India—and from what we Indians say about ourselves—will probably bring us closer to the truth.
Regulators must promote not strangulate industry
By their very nomenclature regulators regulate, which many mock to mean strangulate industries. In many cases, regulators focus on keeping private players in check, thinking of them as rapacious booty hunters who need to be tamed, confirming the suspicion that the government never really accepted the private sector as a dynamo of growth. What India needs in the form of regulators are bodies that focus on promoting and developing industry. For if industries develop, there are more tax revenues for the government, more jobs for the people, and more social and economic goals.
This would in turn propel industrial growth and start a virtuous cycle of prosperity. Regulation cannot become shorthand for controlling power tariffs. Equally, the proposed coal regulator should overhaul the defunct and destructive policy of reserving coal production for the inefficient public sector and not become an excuse to “regulate” prices, production capacities, import quotas and the like.
The primary role of regulators must be to ensure that the country’s resources are exploited efficiently and transparently for the benefit of industry and thereby people. Transparency demands that resources are allocated using ascending or single-step auctions, or tenders, not via opaque “administered methods” or “First Come First Served” which lead to corruption and hence must be banned.
Pricing must be remunerative, for only a profitable company can continue investing and exploring. Keeping prices and margins low, and crippling industry doesn’t serve anyone’s purpose, least of all the government’s. Domestic production of gas will increase, lowering the need for imports and easing the balance of payments position.
Regulators must of course always protect consumers. For if consumers suffer, industry suffers. Indeed, the whole reason for setting up SEBI came from the securities fraud of the early 1990s.
A fine balance between protecting consumer and corporate interests is required. The regulator often has to shield industry from the government’s faulty policies, just like the Supreme Court has to shield people from laws that violate the Constitution. A development oriented regulator must have the authority to question government policy, forcing it to make amends as and when required.
Falling BRIC — India’s macro numbers are harming its global image.
BMC elections — Dance of democracy
It is very sad that a lot of people have not come out to vote. If you don’t vote, you have no right to complain. They are not contributing to the society. You are getting what you deserve . . . you are harming society and the country.
Mumbai North-Central 4. Times View — Another election, another low turnout in Mumbai. Is it apathy, or cynicism? Do we not care? Or do we believe that both sides are equally unworthy of our vote, that there’s nothing to choose from? Either which way, it doesn’t bode well for the city. The more affluent, it would appear, have mentally seceded from the city.
FDI — The cost of caprice
Our capricious politicians are only dimly aware of the international fallout of their domestic dance. All too often, the operating assumption within the country is that the Government can do pretty much what it wants since most serious businessmen don’t want to be in court against it. That is not how it works around the world. So Devas has dragged Antrix to arbitration in Paris, after the government woke up one day and cancelled their contract. Cairn has accepted the Government’s unilateral rewriting of its contract with the Oil and Natural Gas Corporation, but only because it needed the Government’s approval for a change in shareholding control, and you can be sure that others in the energy space have been watching. Indeed, who is to tell how much damage was caused by the Enron-Dabhol fiasco in the 1990s, in terms of lost investment? While the collapse of Enron saved India some blushes, subsequent overseas investment in Indian power generation has been barely $ 5 billion (about the cost of one ultra-mega power project).
As it is, the country makes life hard for businesses, or it would not figure embarrassingly low in the World Bank’s list of countries ranked on the ease of doing business (132nd in a list of 183 countries; six years ago it was 116th out of 155 countries). Why add to the headaches with poor contractnegotiation, then second thoughts and unilateral action? This is not to argue that the country should not get out of bad deals; rather, the issue is of avoiding capricious conduct in an economy that hopes to be the fourth largest in the world by the end of the decade. If you want to get there, you have to start behaving like a serious economy, not invite comparisons with banana republics.
Not textbook stuff — The NCERT cartoon issue is more about degeneration of political debate.
Which is just another means of reinforcing the social and political faultlines the entire political class thrives on, given that it envisages politics as a competitive identity management project. Just as people’s representatives cannot amend, just because they have a majority, say, the theory of relativity, they cannot decide the school syllabus. There is a National Curriculum Framework, meant to further a consultative approach to framing school textbooks, but that fact is drowned in the cacophony of contesting, and largely manufactured, rage.
Putting integrity into finance.
Focussing on these phenomena from the integrity viewpoint, makes it possible for managers to focus on the value that can be created by putting the system back in integrity and correcting the non-value maximising equilibrium that exists in capital markets. In effect, integrity is a factor of production just like knowledge, technology, labour, and capital, but it is undistinguished — and its affect (by its presence or absence) is huge. We summarise our new positive theory of integrity that has no normative content, and argue that there are large gains from putting integrity into finance — into both the theory and practice of finance. We define integrity as being whole and complete and unbroken. We argue that if finance scholars, teachers and practitioners take this approach to applications in finance, there are huge gains to be achieved.
The Big Stick — The time for soft words is over, we need concrete action.
This will not only ensure that the country’s coal sector transforms from a dark realm of loot and thuggery to an efficient supplier of the country’s most abundant fuel, but also reassure potential inves- 36 37 38 Tarunkumar Singhal Raman Jokhakar Chartered Accountants Miscellanea tors that India is serious about economic growth. Muster courage to implement a Cabinet decision to decontrol diesel, and institute competition, including from independent operators, in the retailing of petro-fuels. This will slash the fiscal deficit, reduce inefficiency at India’s oil companies and increase energy efficiency across the spectrum. By reducing the fiscal deficit, the reform would also reduce the current account deficit, thereby easing pressure on the rupee. This move, too, would go a long way in restoring investor confidence.
Make progress on the ground on implementing the goods and services tax, getting the IT infrastructure and procedural framework for seamless integration of the tax ready. This will put pressure on the BJP-led states holding out against the transition. Concrete action of this kind is what we need, to restore investor confidence and get the economy vrooming. Kind words of good intent spoken with sincerity are always welcome. But the big stick that needs to back up soft talk is what has been missing and needs to be found.
RTI — A weakened right
In 2012, two-thirds of the 83 information commissioners at the Union and State levels are retired civil servants; three out of four chief information commissioners are retired members of the Indian Administrative Service (IAS). That is not all: on 1st May, 30% of the posts of information commissioners in states were vacant. It is no one’s case that all civil servants are placemen.
But the esprit de corps of the IAS in this domain is less likely to help the cause of accessing information. A bit more of diversity — say persons from civil society (and not merely those who claim to be from civil society), former soldiers, businesspeople and others — can go some distance in achieving the goal of transparency.
Facebook co-founder says bye to US — Absurd American tax laws prompt Ed Saverin to move to Singapore ahead of landmark IPO
“It’s plainly lawful and at the same time profoundly ungrateful to the country that provided these opportunities for him,” said Edward Kleinbard, a tax law professor at the University of Southern California. “He benefited from his US education, the contacts he made at Harvard, and most important the extraordinary openness and flexibility of our economy that encourages start-up ventures to flourish.”
Saverin’s name is on a list of people who chose to renounce citizenship as of April 30, published by the Internal Revenue Service.
China orders big four audit firms to restructure
The Big Four auditors — Deloitte Touche Tohmatsu, Pricewaterhouse Coopers, Ernst & Young and KPMG — must start to convert their practices this August and comply with all the new rules by the end of 2017.
The rules require them to ‘localise’ their operations so that they are led by Chinese citizens and dominated by accountants holding China’s accountancy qualifications. The changes come at a difficult time for the Big Four, grappling with the fall-out from a string of accounting scandals at Chinese companies listed in the US that has left investors questioning the quality of auditing in China. US securities regulators charged Deloitte’s China practice for refusing to provide audit work papers related to a US-listed Chinese company under investigation for accounting fraud.
The new rules will force the proportion of foreign partners at the Big Four to be a maximum of 40% when the structure is adopted in August, and fall to under 20% by 2017. This is likely to come as a relief to the firms, as there had been concerns that China could force them to convert more quickly to Chinese-dominated practices. Tougher though, will be the requirement that each of the Big Four’s senior partner be a Chinese citizen. All are currently led by foreigners.
The foreign joint venture arrangements currently used by the Big Four were signed 20 years ago and allowed foreign-qualified accountants to dominate their China practices. Since then, the firms have come to dominate the country’s accounting industry, having won much of the lucrative work to audit the books of stateowned enterprises when they first listed.
In 2010, their audit practices, excluding their consultancy businesses, had combined revenue of more than 9.5 billion yuan (INR93 billion), according to the Chinese Institute of CPAs. However, their market share has slipped in recent years to about 70% of the revenue among the top-10 auditors, down from 85% in 2006.
Info exchange pacts turn troublesome for NRIs — Inbound investment may suffer as foreign taxmen seek info on funds parked by NRIs in India
Indian income-tax authorities are sending financial details of NRIs to their respective countries under the information exchange agreements inked by New Delhi with many countries.
Indians settled overseas have collectively pumped in nearly INR600 billion in NRI deposits in India in April- February 2011-12 financial year to take advantage of the higher returns available here. Interest rates of these NRI deposits can be as high as 9.5% in some cases, which yields a handsome tax-free package for investors even after adjusting the rupee depreciation.
Flipkart faces heat of rivals’ discounts
The new kids on the block offer bigger discounts than Flipkart, which range up to 40% on bestsellers. Retail industry insiders say the online books business is all about customer acquisition. Books help get customers online.
It’s hard to damage books while shipping. It builds trust that can later get customers to transact from other categories.
World’s biggest rubbish dump out at sea, twice the size of America
The vast expanse of debris — in effect the world’s largest rubbish dump — is held in place by swirling underwater currents. This drifting ‘soup’ stretches from about 500 nautical miles off the Californian coast, across the northern Pacific, past Hawaii and almost as far as Japan.
Harvard, MIT to launch free online courses soon
The new online education platform ‘EdX’ would be overseen by a Cambridge-based not-for-profit organisation and be owned and governed equally by the two universities. MIT and Harvard have committed INR1,856 million each in institutional support, grants and philanthropy to launch the collaboration.
Director of MIT’s Computer Science and Artificial Intelligence Laboratory, Agarwal led the development of the platform.
“EdX represents a unique opportunity to improve education on our own campuses through online learning, while simultaneously creating a bold new educational path for millions of learners worldwide,” MIT president Susan Hockfield said.
Putting integrity into finance
Each of these beliefs leads to a system that lacks integrity, i.e., one that is not whole and complete and, therefore, creates unworkability and destroys value. Focussing on these phenomena from the integrity viewpoint, we argue, makes it possible for managers to focus on the value that can be created by putting the system back in integrity and correcting the non-value maximising equilibrium that exists in capital markets.
In effect, integrity is a factor of production just like knowledge, technology, labour and capital, but it is undistinguished — and its effect (by its presence or absence) is huge. We summarise our new positive theory of integrity that has no normative content, and argue that there are large gains from putting integrity into finance — into both the theory and practice of finance. We define integrity as being whole and complete and unbroken. We argue that if finance scholars, teachers and practitioners take this approach to applications in finance, there are huge gains to be achieved.
A Third Industrial revolution calls for radical changes in our thought and action
Three-dimensional printing, in which a computeraided printing machine deposits successive layers of different materials to produce solid designs and objects, is a key exemplar of this third industrial revolution. The knowledge and service content of the final value of a manufactured product would go up, and the labour cost would go down.
Mass customisation would be in and locating manufacture to low-wage countries would be out. Boston Consulting Group foresees a resurgence of manufacture in a country like the US at the expense of a China, or an India. Several policy ramifications follow.
One, India will find it well-nigh impossible to take the route to prosperity that Asia’s miracle economies, including South Korea and China, followed, of outsourced manufacture to feed demand in developed economies. Ten years from now, much of the manufacture to meet demand in the US and Germany could well take place in those countries themselves. Two, low wages would only be a drag for attracting investments, whereas smart labour and a huge home market would be a big draw.
Three, knowledge would drive the entire economy: not the rote-driven mastery of yesterday’s verities but a ceaseless quest to challenge established wisdom and produce new knowledge. Universities have to not just train manpower but create new knowledge, serving as hubs of new production ideas. Our school and education systems would have to undergo a fundamental change in terms of organisational structure and culture. The way ahead is to universalise not just secondary education but also tertiary education, with extensive modular course offerings.
Four, the financial ecosystem must evolve to mediate funds towards knowledge acquisition, knowledge creation and conversion of knowledge into production. Finally, high-speed broadband must become ubiquitous and cheap, to enable all this.
Lokpal Bill: A bitter pill for political parties.
Minority reservation and 50% quota are unconstitutional . . . . it will be struck down by the courts on the very first day. Do you want such a legislation?
Making the PM accountable to Lokpal is against the soul of the Constitution. No official will take a decision. Won’t the Lokpal machinery blackmail the Government?
It’s wrong to bring ex-MPs under the law . . . even Anna did not ask for this. He will consider us slaves and threaten us with dharnas in front of our houses.
Why are we so scared of an ex-bureaucrat, an excop and somebody who is pretending to be another father of the nation?
(Source: The Times of India, dated 23-12-2011) (Comments: Why do our politicians of all hues dread scrutiny of their decisions and actions by a strong Lokpal. Daal mein kuch kaala zaroor hai!)
Stop indiscriminate raids on industry, reform political funding.
The point is for taxmen to make intelligent and creative use of technology to establish audit trails of transactions. This is eminently feasible if every financial transaction is dovetailed to the permanent account number (PAN), the tax department’s unique identifier. A foolproof PAN and an efficient tax information network will help track evaders and stem black money generation. What is truly troubling about these raids is that they bring back memories of an ugly, pre-reform past, when extraction of tribute through use of the state’s coercive powers was a standard procedure of mobilising political funding, with considerable amounts sticking to those who collect, before the tribute reaches party coffers. Economic reform and modern tax administration should bring such practices to an end. Lingering suspicion on what precisely motivates the state’s coercive machinery to descend on businessmen can be wholly removed only when a system of transparent funding of politics is instituted. Creating this is as important as creating and operating a modern tax information network married to intelligent analytics.
In parallel, the Government should widen the tax base, implement the proposed goods and services tax, correlate, if not unify, the databases of direct and indirect tax payment, lower rates and simplify laws and procedure. This is the best way to improve compliance and raise collections. Let raids and searches join the 97% tax rate.
Time for elections.
Two more years of this is more than the country should be asked to take. So — even though it would be considered politically premature by both the Congress and the BJP — it may be best to think in terms of fresh elections. The lengthening list of pending Bills makes it clear that the government is unable to get legislation through Parliament. The Congress’ allies in the ruling coalition are simply not pulling in the same direction. And, for all their assertions of Parliament’s exclusive right to legislate, the present lot of parliamentarians is not interested in any kind of Lok Pal. It is easy to guess why. So much, then, for tackling corruption as the issue of the year. Anna Hazare might find takers again if he echoes Shakespeare and says “a plague on both your houses”.
As for the Prime Minister, he brought with him two reputational assets: a blemishless record of probity, and his historic role in salvaging the economy in the 1990s and setting it on the path to rapid growth. Both assets have depreciated sharply. The aam aadmi would be justified in wondering what use it is to have an honest Prime Minister if he cannot rein in rogue colleagues. As for economic reform and macroeconomic management, there has been little of the first and latterly a poor record on the second. The result is that the liabilities now hold attention — the lack of political weight, and the inability to pull the Congress behind him on key issues. Rather, Manmohan Singh has been forced to pilot the Congress leadership’s big ideas on entitlement even though his past record suggests that he must have little faith in their efficacy. In his frustration, Dr. Singh has taken to blaming the messengers — the media, businessmen — for his manifest inability to deal with the situation. It is symptomatic of the malaise that he can’t (or won’t) sort out the clash between those running the unique identity programme and the National Population Register.
Accounting for foreign exchange loans.
The National Advisory Committee on Accounting Standards or NACAS has advised allowing Indian companies to keep any losses or gains caused by exchange-rate fluctuation out of the main profit and loss accounts for the time being. This recommendation from NACAS, which is the technical advisory committee to the corporate affairs ministry, follows a period in which the rupee has suffered a sustained loss of value against the dollar, around 20% since August alone. Naturally, this has hurt those Indian companies that have a preponderance of imports in their input mix, or which have dollar-denominated debt. A large number of smaller companies will find it even harder to keep their margins or to roll over their foreign debt. NACAS’ recommendation will work to insulate these companies from some of the consequences of their exposure to currency risk.
At a time when India’s banking sector is under stress, and the sense is beginning to gain ground that non-performing assets (NPAs) in the financial system are not being properly accounted for, moving away from marking to market is a particularly bad idea. Those responsible for regulating accounting procedures should not have to be reminded that their job is not to make it more difficult for people to scrutinise a company’s profit and loss figures, but to make it easier. Keeping foreign exchange losses off the accounts will have major negative consequences systemically. First, it will not encourage responsible behaviour, which should include hedging of excessive currency risk. Second, it will conceal which companies are under stress, and add to the confusion about NPAs in the market, which will only heighten the fear of impending crisis. Third, it is reminiscent of some of the worst excesses of the global financial system three years ago, when brick-and-mortar companies would keep their losses from financial speculation off their balance sheets, and marking to market sometimes seemed optional. It also raises the question of regulatory confusion, as at the same time the main accounting regulator, the Institute of Chartered Accountants of India (ICAI), is suggesting that every private-sector bank branch should be audited only by Reserve Bank-approved auditors, purportedly to examine NPAs at the branch level. (The ICAI is, however, believed to be in favour of keeping marked-to-market exchange-rate losses off the main accounts, too.)
India’s investors need a uniform and clear approach to accounting requirements for companies. Regulation should strive towards making stresses or poor performance more visible. Instead, postponing the introduction of exchange-rate losses reduces clarity. Regulators should not take a call in order to protect those whom they are regulating. They should take decisions on the basis of what increases systemic strength and robustness. Marked-to-market values are the clearest indication of systemic health, and should be encouraged at the earliest.
Tracking money hidden abroad
Banks usually pin the blame for wrong transactions on rogue employees. But some of the employees charged with illegal activity have argued in their defence that their employers encourage a culture of undertaking dodgy transactions, which returns the spotlight to the organisations. Is illegal activity being facilitated by foreign banks operating in India — or by ‘briefcase bankers’, based in tax havens across Asia, that come to India looking for people desirous of conducting illegal transactions overseas? And, if so, what pressure is the Government and the Reserve Bank of India putting on these banks and bankers? India is an increasingly attractive banking market, and virtually all the leading international banks are eager to expand their presence here. Surely it should be possible to demand their strict compliance with Indian laws not just here, but globally, and to officially disfavour those organisations that don’t play ball when global compliance is sought. The United States has successfully arm-twisted the same UBS into handing over the names of 4,450 clients for whom it had offered to conceal funds from the eyes of US tax inspectors; why should it be difficult for India to attempt something similar?
Questions have to be posed to Indian regulators as well. The Anil Ambani-related matter was investigated by the Securities and Exchange Board of India (Sebi), and settled last January through a consent order that involved payment of Rs. 50 crore. This is said to be the largest consent fee in Indian history; even if true, it is little more than a flea-bite for a large corporate house. It, therefore, raises questions about the correctness of such consent orders, almost always agreed to without admission of guilt. Such arrangements are usually made in an opaque manner, independent of the public scrutiny that would arise in a case tried in open court. Such questions are current in New York too, where a district court recently rejected a settlement with Citibank by the US Securities and Exchange Commission. The Court order has been contested subsequently, but perhaps someone in India should test Sebi on such matters.
Food insecurity?
By banning exports every now and then, it depresses prices. This irrationality is set to be replicated on a much bigger scale, if the proposed Food Security Bill becomes law. This is not to say that the goal of ensuring food security for the people is either unworthy or undoable. It is neither. Rather, the Govt. is going about it in the most inefficient, unintelligent fashion possible. The world demand for food is set to climb, thanks to steady growth in the poorer regions of the world and increasing diversion of corn to biofuel.
The right way to guarantee every Indian food security is to act to make India a major source of the additional food the world demands, to invest in agricultural growth: in harnessing water for scientific irrigation, in extension of know-how as well as in R&D, in rural roads that provide vital physical linkage to markets, in electronic spot exchanges, in scientific storage and efficient transport logistics, in developing as close a link as possible between the farmer and the first stage of food processing and in providing proper regulation of financial markets in agricultural commodities, futures, derivatives and insurance.
Little hope for 2012.
The rupee, meanwhile, saw a steep fall in its value vis-à-vis the US dollar. It was previously overvalued, judging by real effective exchange rate calculations — but it is nevertheless the case that a 20% depreciation over just four months has delivered serious shocks to the system. Meanwhile, as global markets slow, it is far from certain that the usual beneficiaries of a weaker rupee — India’s exporters — will be able to gain. Imports, however, will become more expensive, thinning corporate margins and making inflation harder to control. Another headline number that reveals poor macro-economic management is the current account deficit (CAD). At the time of the 1991 crisis, India’s CAD was 3% of GDP. That figure looks modest in comparison to the 3.6% of GDP the economy posted for the first half of the current year. Slowing export growth as seen in the last couple of months means keeping CAD at last year’s level of 2.6% appears difficult this year. Then, of course, there is inflation, which continues to hover around 9%.
The macro-economic mismanagement these numbers reveal is reflective of poor management all through. The coal sector has been hit hard by political troubles, environmental red tape and land acquisition norms. Only 9 km of roads are built a day — as opposed to a target of 20 km. Every kind of major legislation has been on hold: pension reform and the companies Bill. Even foreign direct investment in multi-brand retail, which did not require Parliament’s approval, has been shelved.
IRS offshore programs produce $ 4.4 billion to date for nation’s taxpayers; offshore voluntary disclosure program reopens.
The third offshore effort comes as the IRS has collected $ 3.4 billion so far from people who participated in the 2009 offshore program, reflecting closures of about 95% of the cases from the 2009 program. On top of that, the IRS has collected an additional $ 1 billion from upfront payments required under the 2011 program. That number will grow as the IRS processes the 2011 cases.
In all, the IRS has seen 33,000 voluntary disclosures from the 2009 and 2011 offshore initiatives. Since the 2011 program closed last September, hundreds of taxpayers have come forward to make voluntary disclosures. Those who have come in since the 2011 program closed last year will be able to be treated under the provisions of the new OVDP program. The overall penalty structure for the new program is the same for 2011, except for taxpayers in the highest penalty category.
For the new program, the penalty framework requires individuals to pay a penalty of 27.5% of the highest aggregate balance in foreign bank accounts/ entities or value of foreign assets during the eight full tax years prior to the disclosure. That is up from 25% in the 2011 program. Some taxpayers will be eligible for 5 or 12.5% penalties; these remain the same in the new program as in 2011.
Starbucks, Amazon and Google to face MPs over Tax
The Public Accounts Committee (PAC), which is charged with monitoring government financial affairs, has invited the companies to give evidence amid mounting public and political concern about tax avoidance by big international companies.
Britain and Germany announced plans to push the Group of 20 economic powers to make multinational companies pay their “fair share” of taxes following reports of large firms exploiting loopholes to avoid taxes.
Starbucks had paid no corporation or income tax in the UK in the past three years.
The world’s biggest coffee chain paid only £8.6 million in total UK tax over 13 years during which it recorded sales of £3.1 billion.
Marwari Businesses at Crossroads
Rewind to early 20th century. The Marwaris exemplified a feisty and formidable spirit— traders who escaped the barren business landscape of their homes and created trading outposts in remote areas. Many of them had settled in Kolkata, which emerged as a commercial hub and offered manifold trading opportunities. Over time, they tried their hand at manufacturing which, after Independence, was clearly the future. But, as long as the manufacturing activity involved commodities and the economy was protected, it was fine. The moment there was a shift in the ruling industry paradigm, the pre-dominant Marwari business construct seems to have got challenged.
The community is currently exercised by an unavoidable question: Has the spirit of Marwari enterprise started flagging? The provocation for such introspection stems from the rise of a new entrepreneurial class in India which comprises very few Marwaris and consists of primarily Gujaratis, Punjabis and South Indian industrial groups. Over the past few years, the leaders in emerging industry categories— infrastructure, pharmaceuticals, information technology, telecom—have been markedly non-Marwaris.
SC Draws Medias Laxman Rekha, Lauds Crucial Role
Importantly, the SC said constitutional courts could temporarily prohibit media statements if they had the potential to prejudice or obstruct or interfere with the administration of justice. The bench said the doctrine of postponement was for the benefit of journalists, who otherwise would be on the wrong side of contempt of court law. The doctrine of postponement will serve as a Laxman Rekha for journalists and warn them not to cross it, the CJI said.
Indian Economy – The Vital Signs
London risks losing its status as world’s top financial centre.
“My heart sinks every time there is a scandal and the perpetrators are in London, even if it is not always the UK’s responsibility, it is under our noses,”
Sharon Bowles, chairwoman of the European Parliament’s economic and monetary affairs committee, said in an interview.
“There is an effect on the UK’s reputation, and it reinforces the view that even after all the apologies there is much to do.”
London, ranked as the world’s number one financial centre by research firm Z/Yen Group, was where American International Group and Lehman Brothers Holdings booked transactions that helped lead to their downfall. This week saw Bank of England and UK government officials tied to the interest-rate fixing scandal that cost Robert Diamond, London’s best-known banker, his job at Barclays. With the European debt crisis on its doorstep, London now faces calls to cull its bonus culture, rein in risk-taking and beef up a light-touch regulatory system that fuelled a decade long boom.
The danger for London is that Europe is preparing to set up its own regulator for banks, which may exclude the UK or disadvantage firms based in the city. Domestically, the industry is losing longstanding political support from both Conservative and Labour parties — as well as the public. Home to about 250 foreign banks, London is the world’s biggest centre for foreign-exchange trading and cross-border bank lending and trades INRNaN trillion of interest derivatives daily, according to the Bank for International Settlements.
Liebor? — Determination of the LIBOR must be above suspicion.
What better way to do that than have friendly banks deliberately under-report the actual rate of interest in order to depress Libor, the market benchmark used to price financial contracts, globally? If true, the implications are much more serious and go well beyond the UK. Allegations of Libor rigging are not new.
For now, Barclays’ claim that it had official sanction to manipulate the rate and report it lower during the crisis has not found many takers. But there is no denying that after the collapse of Lehman Brothers when banks’ borrowing costs increased dramatically, managers and governments were keen to shore up confidence, tempting banks to present a rosier-than-actual picture by reporting lower-than-actual interest rates. There is also no denying the nexus between Western governments and banks.
Most US Treasury Secretaries have cut their teeth on Wall Street. But the Barclays scandal shows the nexus could potentially be wider and far more damaging than suspected so far. Libor determines the interest rate on transactions to the tune of close to INRNaN trillion globally. Like Caesar’s wife, it must be above suspicion.
Third industrial revolution calls for radical changes in our thought and action.
Three dimensional printing, in which a computeraided printing machine deposits successive layers of different materials to produce solid designs and objects, is a key exemplar of this third industrial revolution. The knowledge and service content of the final value of a manufactured product would go up, and the labour cost would go down. Mass customisation would be in and locating manufacture to low-wage countries would be out. Boston Consulting Group foresees a resurgence of manufacture in a country like the US at the expense of a China, or an India. Several policy ramifications follow.
One, India will find it well-nigh impossible to take the route to prosperity that Asia’s miracle economies, including South Korea and China, followed, of outsourced manufacture to feed demand in developed economies.
Ten years from now, much of the manufacture to meet demand in the US and Germany could well take place in those countries themselves. Two, low wages would only be a drag for attracting investments, whereas smart labour and a huge home market would be a big draw. Three, knowledge would drive the entire economy: not the rote-driven mastery of yesterday’s verities but a ceaseless quest to challenge established wisdom and produce new knowledge. Universities have to not just train manpower but create new knowledge, serving as hubs of new production ideas. Our school and education systems would have to undergo a fundamental change in terms of organisational structure and culture. The way ahead is to universalise not just secondary education but also tertiary education, with extensive modular course offerings.
Four, the financial ecosystem must evolve to mediate funds towards knowledge acquisition, knowledge creation and conversion of knowledge into production. Finally, high-speed broadband must become ubiquitous and cheap, to enable all this.
India’s low ranking in higher education is a matter of serious concern
Unlike China, Hong Kong, Taiwan, Singapore, Korea, Malaysia, South Africa and Brazil. (Source: The Economic Times dated 13-09-2012) 120 (2012) 44-B BCAJ (Comment: We do not promote meritocracy in India. Politics of reservation in all walks is a big hindrance to promotion of meritocracy.)
Don’t delay GAAR : Do it properly – but do it now
Remember, GAAR was always proposed to be part of the new direct taxes code, which was supposed to be in force by now. What additional preparation time will three years gain? It merely kicks the responsibility for introducing GAAR and calming market participants over to the next government. It strains belief to assume that, by that time, distrust of the income tax authorities will have ended. GAAR needs to be redrafted to ensure that excessive discretion is minimised — but six months is long enough to do that. The new tax policy should be in place by the next Budget. To try any less hard would be to betray the core purpose of GAAR: to serve as part of a co-ordinated, international crackdown on the sources and destinations of unaccounted-for and tax-avoiding money. This was a compact between the countries of the G20 post the financial crisis, when government resources were crucial to staving off the worst that could happen; and it is clearly something that voters desire. The government should do it properly, and do it now.
Some other aspects of the recommendations are equally questionable. For one, there is insufficient recognition that the incentivisation of “foreign” investment from Mauritius must end. The tax treaty that India currently has with Mauritius must be renegotiated, and the grandfathering of investment made under more lax rules must not also perpetuate the “evergreening” of tax-free pipelines even after laws change. Entities investing in India must be properly regulated, even if in low-tax environments like Singapore, and should meet more stringent know-your-customer requirements than has hitherto been expected of those from Mauritius. The “Mauritius route” is unsustainable, and must be closed. A clear timeline and method to do so must be laid out.
Finally, there is the question of tax on short-term capital gains from listed securities, which the panel suggests be ended. This – yet another attempt to boost listed securities as destinations for India’s savings – is problematic in isolation. However, the Shome committee suggests that securities transaction taxes receive a compensating hike, in order to ensure no loss of revenue to the government. That has some points in its favour: a securities transactions tax does have the advantage of ensuring that more people come into compliance with the law. It serves as an incentive against speculation. It is simple. These are all positive qualities. In the end, it must be remembered that India’s tax system is starkly regressive, and taxation is too easy to avoid. The concerns of equity must be borne in mind when designing taxation. GAAR is an essential tool towards equalizing the tax burden, and must not be watered down beyond recognition.
Be Constructive – What are the BJP’s alternatives to the government policies it bashes?
Certainly, the main opposition party should seek answers from the government on important issues, including corruption. However, the place for such interrogation is Parliament. The BJP is also within its rights to disagree with government initiatives, be it subsidy reduction or retail reform. But to come across as neither interested in debate nor offering alternatives to the policies it bashes, doesn’t bolster the party’s image. The BJP seems more concerned with destabilising the government than with resolving issues.
Why does the BJP limit its critique of the diesel price hike or retail reform to making noise? Surely, it should also prescribe how it thinks India should promote much-needed fiscal consolidation. Petrol prices rose several times under the tenure of the NDA, which endorsed price decontrol in 2002. Nor was the NDA hostile to retail reform, as pointed out by commerce minister Anand Sharma. Opposing multi-brand retail FDI today, the BJP must explain how else investors can be made to help boost the agri-value chain. Or how direct contact between farmers and buyers could be facilitated to raise farm incomes and lower prices for consumers.
When ruling at the Centre, the NDA brandished pro-growth policies to claim India was shining. Today, the BJP comes across as wilfully disowning a modern economic vision in tune with fastglobalising India. Tomorrow, if it comes back to power, can it afford to blink at reforms and let the economy go further down the tube? It’ll also serve the nation better by providing constructive opposition rather than fuelling political uncertainty.
Auditor Holmes — SEBI’s forensic accounting team is a welcome move to expose frauds
Even if it comes a century after Holmes, SEBI’s move to form a separate forensic accounting team to detect fraudulent transactions of companies is welcome. An in-house team will strengthen investigation and force companies to improve their corporate governance.
So, SEBI’s move to ready a cadre of forensic accountants with specialised skill-sets is a good idea. Surely, these auditors can identify, expose and prevent weaknesses in areas such as poor corporate governance, flawed internal controls and fraudulent financial statements.
The Office of the Chief Accountant in the US Securities and Exchange Commission, for example, assists other departments in investigation and ensures that financial statements are presented fairly to investors. The forensic accounting team in SEBI can play a similar role. In any case, better late than never.
(Source: The Economic Times, dated 1-3-2012) (Comme n t s : Do we h a v e e n o u g h we l l – t r a i n e d a n d experienced Forensic Accountants/Auditors? What are we doing to assemble such a Team of Forensic Auditors?)
Transforming transfers
Ark full of books to help tide over digital disaster
As society embraces all forms of digital entertainment, this latter-day Noah is looking the other way. A Silicon Valley entrepreneur who made his fortune selling a data-mining company to Amazon. com in 1999, Kahle founded and runs the Internet Archive, a non-profit organisation devoted to preserving Web pages — 150 billion so far — and making texts more widely available.
But though he started his archiving in the digital realm, he now wants to save physical texts, too. “We must keep the past even as we’re inventing a new future. If the Library of Alexandria had made a copy of every book and sent it to India or China, we’d have the other works of Aristotle, the other plays of Euripides. One copy in one institution is not good enough,” he said.
EPFO to begin end of Inspector Raj
“At present, if there is any complaint then the enforcement officer goes and does the inspection. In some cases, his personal biases and prejudice colour his work. We want to eliminate that,” said a senior official. Corruption cases against EPFO employees have been on the rise in recent months. Last July, the Central Bureau of Investigation registered cases against nine senior officials of the EPFO for causing a loss to the exchequer amounting to Rs.169 crore.
Veritas says DLF accounting, biz model suspect
Canadian research firm Veritas has slammed realty major DLF Ltd, calling its accounting practices ‘conflicting’ and pointing at gaps in its business model — charges the company termed ‘mischievous and presumptive’. Earlier, Veritas Investment Research had come out with damaging reports on other Indian firms, including Reliance Industries, Reliance Communications and Kingfisher Airlines.
Veritas has said DLF’s stock is at best worth Rs.100, and the company may have to recast its loan. DLF said “the company adhered to the highest standards of corporate governance and financial integrity”. “We do not generally comment on individual research reports. However, this report in question is presumptive and mischievous as the analysts have never contacted the company to seek any information or clarification,” a DLF spokesperson said . “The audited financials of the company are always in the
Culture and perception of time
• Westerners like to schedule multiple business meetings during their work day, viewing these as transactional in nature. Asians prefer fewer but longer meetings, using them ‘to know’ their business partners as building trust is extremely important, especially in the initial rounds of discussions and negotiations.
• In eastern societies, including India, people of higher rank may make those of lower rank/ vendors wait for them, subtly displaying their authority and power in the business relationship, whereas in Western cultures this is considered rude and unprofessional.
• Eastern cultures are increasingly aping the western perception of time. This is due to the fact that cultures where punctuality is non-negotiable are clearly more economically advanced than those where time is flexible.
In India today, we are at an interesting crossroad. On one hand most multinational and progressive Indian firms are already operating on the western pattern where punctuality is critical while several Indian companies (both big and small) continue to retain the eastern perception of time. My view — know your client’s culture before you do business with them.
Mass Unemployment – A lost generation
The highest rate of unemployment is in Spain, with 25.1% of the workforce out of work. What is worse is the figure for those under 25 years of age—52.9% can’t find work.
Appendicitis: Antibiotics in, surgery out?
treatment of acute appendicitis involving the removal of the organ, as
it could be just as effective, a new study found.
The study also
found that patients who are treated with antibiotics are at lower risk
of complications than those who undergo surgery. Some patients are so
ill that the operation is absolutely necessary, but 80% of those who can
be treated with antibiotics recover and return to full health.
Budget on the back burner — For UPA managers, meaningful discussion on Budget is far less important than the need for parliamentarians to campaign for Assembly polls.
The schedule, followed for several decades, is that the Budget receives Parliament’s nod of approval by the first week of May. A lot happens during the nine weeks between the presentation of the Budget on the last working day of February and its passage in the first week of May. Various parliamentary committees examine Budget provisions and present their findings to the Finance Minister. Also, members of the two Houses get an opportunity to discuss the various provisions in the Finance Bill and even make useful suggestions on the expenditure programmes of a few central ministries. There is, of course, a short recess in between. But that only allows the parliamentary committees to complete their scrutiny of the Budget and table their reports before the two Houses.
I-T to make staff’s work less taxing
The number of income taxpayers in the country is about 35 million. It is expected to reach around 80 million by 2015. Considering that a substantial number of taxpayers file returns manually, managing records has become a major task for the Department.
The Department says it requires about 12,000 officials just for scrutiny cases. At present, around 4,000 officials are handling 7,00,000 scrutiny cases a year.
Global PE biggies put India story on hold
“Global investor confidence has been shaken badly even as India vies with not China, but Indonesia, Vietnam and South Africa for capital”, said Wilfried Aulbur, managing partner, Roland Berger, a global management consulting firm. “Private equity mostly made growth capital investments for minority stakes in Indian companies. They have had little influence on the strong promoter-driven businesses, and hardly managed what they usually do in western markets to improve return on investments,” he added.
HDFC Bank is now one of the most valuable in the world
With a market capitalisation of Rs 1,38,469 crore (or $24.88 billion), HDFC Bank has surpassed the biggest lender in the nation – State Bank of India – which has deposits that are almost six times that of the private lender.
Curbing the lust for litigation
In more than one-third of the litigation in India’s Courts, the government is a party. In criminal cases, it cannot be avoided. According to one estimate, the government is involved in 10 million cases. No wonder, the Union Law Minister and Attorney General have described the government as a ‘compulsive’ litigant.
Some Supreme Court Judges also echoed this sentiment, in stronger terms. They criticised the government for resorting to prolonged litigation on ‘trivial’ issues, and pointed out that not only did this waste the judiciary’s time but also caused the public exchequer a ‘colossal’ loss.
While unveiling a tantalising vision statement last year, the Law Minister recognised the problem and promised to turn the government from a ‘compulsive to a responsible and reluctant litigant’. The government proposed to entrust the task of weeding out senseless litigation from the government’s docket to top law officers — the Attorney General and the Solicitor General. They now have a full-fledged office in central Delhi, assisted by 52 lawyers and 26 law researchers. Statistics on pending matters have been called from government departments including public sector undertakings.
Attorney General G. E. Vahanvati has also commented on the government’s unhealthy urge to litigate. “It cannot be denied that government has become a compulsive litigant. There are several reasons for this. The Law Commission identified various reasons why the government became an irresponsible litigant. It said that in most cases, government litigated because of the utter indifference on the part of civil servants,” he said at recent conference. “Sometimes, the government pursued litigation as a matter of prestige, with an attitude of vengeance. In several cases, the officials had an attitude of arrogance and a superiority complex in litigating. It is easy to file a case in Court and leave it to the Courts to decide. One obvious reason to do so is to avoid the necessity of taking decisions, some of which can be awkward.”
Meanwhile, a five-Judge Constitution Bench of the Supreme Court last week scrapped a scheme under which state-run enterprises had to resolve their disputes through an internal mechanism. In its judgment in the case, (‘ONGC cases’) in 1995, 2004 and 2007, the government set up a committee to settle the disputes so that they did not rush to the Court.
Let’s fast-track the process of subsidy reform
India works on EU for ayurveda lifeline
Indian growth rate — The new normal
This is significant, especially as it comes from Subbarao, known to choose his words carefully. What he is trying to say is that unless the current bottlenecks in the economy are fixed, the Indian economy will have to get used to a much lower rate of growth than what it recently experienced: 9%.
In other words, this is going to be the new normal. It is more than double the low growth rate trap that India found itself in the 1970s — the so-called Hindu rate of growth — but lower than the ideal.
The writing is on the wall: reform or perish. Low growth will hit tax buoyancy and curb spending, especially for the raft of inclusive measures. But is the UPA listening?
Asked for bribe? You can appeal Babu’s acquittal
“In our view a restricted meaning cannot be given to the word victim,’’ said the judges, adding, “In a case under the Prevention of Corruption Act, the inaction or omission on the part of the public servant of not passing any order on an application or passing an adverse order since bribe is not given would constitute the loss or injury and therefore, even such a complainant would fall within the category of a victim.’’
The Court was hearing a petition filed by 38-yearold Kurla resident B. U. Batteli, who had dragged the state anti-corruption bureau to Court and had sought permission under the 2009 CrPC amendments to challenge the acquittal of two government officers in a corruption case that he had lodged against them. Earlier, under the CrPC only the prosecution agency could give the go-ahead to file an appeal in any criminal case.
‘Putting value to time may diminish your happiness’
The results indicate this mindset may affect our ability to enjoy leisure time, and they have implications for our ability to ‘smell the proverbial roses’, study authors Sanford DeVoe and Julian House were quoted as saying by Live Science. They pointed out that national surveys have shown that while the number of leisure hours has increased in the US over the past 50 years, there has been no accompanying increase in happiness. Instead, people report feeling more time pressure, they said.
The study also found that when participants were paid to listen to music, after being prompted to think about their time in terms of money, they derived more enjoyment from the experience.
Speed up the judicial system
The condition of most Courts can reduce the hardiest undertrial to tears: the buildings are dilapidated and infrastructure hasn’t been upgraded for near to a century. This has to change. The government is flush with funds, and some of that has to be used to improve physical infrastructure in Courts. Over 3,000 judicial posts are vacant, mainly in the lower Courts, and these positions must be filled quickly. Today, the job of hiring judicial officers is with state and central governments. But their track record is abysmal and the goal of having 50 Judges per million Indians, stated nearly nine years ago, still looks distant. Governments are not doing a decent job of hiring judicial officers, particularly state governments. It is time to create an Indian judicial service, on the lines of the administrative and police services. That’s an idea that has been discussed in the past, but never implemented. There is little justification for delaying the proposal any further. Justice delayed is justice denied. In India, the denial of justice has become endemic, and that must stop. Delivering justice on time is a vital instrument of inclusive growth, with the potential to check the rampant misuse of social power that works against the poor, in the absence of legal restraint.
Justice below poverty line – The Supreme Court laments that large sections of people do not have access to legal remedies
The first one, New India Assurance vs Gopali, showed how insurance firms not only deny just compensation while raising technical objections but also tire dependents out through endless litigation. The road death in this case occurred in 1992. The victim’s aged parents, wife and five children had been seeking the insured amount since then. Looking into the case’s history, in which courts below had applied wrong formulae, the Supreme Court exercised its inherent, discretionary powers under Article 142 to award Rs 15 lakh. The tribunal had granted only Rs 2.55 lakh.
What is significant in this judgment is the insight into the judicial system through the eyes of the judges themselves. “If the claimants had been members of economically affluent sections of society,” the judges wrote, “they would have engaged an eminent advocate and taken steps for hearing of the matter at an early date, but they do not have the financial capacity and resources and energy to engage any advocate.”
How the cases of corporations and businessmen get priority over those of ordinary people is still a mystery to court watchers. Some time ago, there was a furore over bail granted to a renowned businessman late night on a Supreme Court holiday from a judge’s residence. In one instance, the then Chief Justice, who was in Argentina to attend a conference, constituted a bench to hear the bail application of a noted film star.
This is not the first time the judges wrote such jeremiad. In one judgment, D Navinchandra vs Union of India (1987), the then Chief Justice wrote: “My conscience protests to me that when thousands of remediless wrongs await in the queue for this court’s intervention and solution for justice, petitions at the behest of diamond and dry fruit exporters where large sums are involved should be admitted and disposed of by this court at such quick speed.”
The Supreme Court faces a dilemma. Though it has declared speedy trial as a fundamental right of every person under the Constitution, it has not quashed any trial on this ground. In an earlier judgment, it expressed its apprehension that if prolonged prosecution is made a ground for quashing the trial itself, many unscrupulous people might engineer delays to take advantage of this escape window.
The central government has argued that the court has no power to set a time limit for completion of criminal trials. This can be done only through legislation. The arguments are currently going on, and the court’s decision will affect thousands of people who are on bail or in jail awaiting trial. Though it is apparent that there is violation of a precious fundamental right, no clear remedy is in sight. Imagine, one of the first maxims taught in law colleges is: “Where there is a right, there is a remedy.”
Attacking tax havens – Instead of retreating, India needs to do more
What, therefore, has been the progress in closing these gaps in the global tax net — and has India contributed what it should have to the effort? It appears that the central problem has been a lack of co-ordination. Although the G20 spoke out on the issue after the global financial crisis, it then left individual countries to their own devices. What this meant was that countries like the United States could renegotiate treaties in their favour with much greater ease than could most other jurisdictions. The US, for example, has succeeded in getting Switzerland to hand over even the names of tax dodgers not covered by treaty, through threats to launch criminal charges against their banks. Other European countries have agreed to provide the details of all accounts held by American citizens to the US. Germany and Britain similarly pushed Switzerland into a treaty by which the latter will tax Swiss bank accounts for them, and introduce a withholding tax on future interest earned. India, while it has been renegotiating treaties, has simply not been that tough or threatening when it comes to forcing tax havens like Switzerland, Leichtenstein or the UK-owned Cayman Islands into giving it similar deals. This must change. At a minimum, the onus of demonstrating bona fides should be shifted to the depositor, as with depositors of other nationalities — instead of on to Indian tax investigators. Nor is it sensible to allow legal protection of the identities of tax evaders.
Our feudal democracy
The parallels become obvious when we see that our “nobles” today are the state satraps — They each have their horsemen and livery (parliamentarians with party tags), and their power in the Delhi court depends on how many “horsemen” they can bring to our contemporary version of the Wars of the Roses.
So long as the king is dependent on these nobles, each of whom has quasi-autonomous power in their duchies and earldoms, no central power can assert itself. The private armies in pre-Tudor England essentially pillaged and plundered; likewise, some of our nobles today honour horsemen (knights?) who have a record of murder and rape, they indulge in mass transfers of officials to make them toe the line, arbitrarily arrest cartoonists and those who ask questions… (you know the rest of the list). The king in Delhi does nothing because he gets unseated if the nobles withdraw support. It doesn’t help that the “king’s party” has no local presence to mount a challenge to the nobles in their duchies. So how does the nation-state function if every national issue is hostage to the nobles, and dependent on their consent — including which head of state can visit the country?
Heed the Kelkar report – Govt should move immediately on fiscal consolidation
Big, bad data: India’s official statistics seem to have little or no link with reality
Now the base year of the index was changed to 2004-05 last year, and there is a big increase in the number of items tracked, to 399. But there is reason to believe that the raw data piling up in the 16 source agencies and departments for the IIP are not being processed either in a timely manner or, worse, entirely.
Reports suggest large vacancies in statistics cells across government departments. It is entirely possible that skilled data specialists are moving to greener pastures in the private sector. In the digital age, making sense of data is big business, of course.
Official statistics are either dated or erroneous today. Policymakers are often unable to fathom IIP trends. The Collection of Statistics Act, 2008, was notified last year, and the earlier 1953 law repealed. Chapter IV of the Act concerns offences and penalties, for refusing to supply particulars, false statements and ‘mutilation and defacement’ of information, and so on.
But there is nothing in the law that penalises nonprocessing and skewed interpretation of raw data in the various departments and ministries. The Statistics Act’s neglect of data processing by government agencies, seems to have compromised reliability and dependability of the official numbers. Speedy correction is essential. The entire policy process would be suspect without reliable official figures.
No need for developer’s NOC for flat sale/ transfer
The state housing department has issued an official communication in this regard after coming across cases where developers illegally collected money from flat buyers for providing such NOCs.
The Cidco, which has leased out a number of properties in Navi Mumbai, has also been asked to ensure that developers of these plots comply with MOFA norms. The department has sought Cidco’s opinion on whether its permission was needed for transfer/ sale of flats for plots leased by it. The department is of the opinion that the permission—insisted upon at present—is not required. The government has urged societies where developers haven’t conveyed plots within stipulated time to apply for deemed conveyance.
Egalitarian president could wreak havoc on entrenched hierarchies
Old habits have died hard, however, and the anachronistic form of address continues. In that sense, the President’s move to downsize his official protocol should alarm those further down the ladder who delight in prefixes such as ‘Hon’ble’ – always written thus rather than in expanded form. As it has been appropriated by President Mukherjee as his preferred title, insidious mango men may use this as good opportunity to divest increasingly discredited politicians of this obviously unsuitable honorific, routinely affixed to VIP names on placards, invitations and communiques.
In a country where even red beacon lights are zealously guarded as symbols of privilege by those who are paradoxically supposed to be public servants, it is unlikely that grandees will take kindly to their titles being abolished with as little ceremony as the maharajas were dispossessed of theirs, 40 years ago.
President Mukherjee’s other initiative – to hold more functions in Rashtrapati Bhavan rather than at other venues – should also delight the mango men. Besides reducing bandobast and security costs, it will save thousands of litres of petrol, not only of the presidential cavalcade but also of those caught in traffic restrictions due to ‘VIP movement’. Will India’s other excellencies be willing to dispense with some of their privileges too?
CAG has powers to examine efficiency of policy decisions: Supreme Court
“Do not confuse the constitutional office of CAG with that of an auditor of a company or corporation… CAG is not the traditional Munimji to prepare only balance sheets. It is constitutionally mandated to examine the efficiency, effectiveness and economy of the decisions of the government in using resources. If CAG will not do this, then who will,” an apex court bench comprising Justices R. M. Lodha and A. R. Dave asked.
The court’s observation came amid criticism of CAG by the ruling side, over its report on coal block allocations. Prime Minister Manmohan Singh had described some of CAG’s findings as ‘disputable’ and some as ‘selective reading’ of a 2006 law ministry opinion.
He termed as ‘flawed’ the auditor’s premise that competitive bidding could have been introduced in 2006, by amending the existing administrative instructions.
However, the apex court said, “Article 149 of the Constitution, the 1971 Act and the Rules clearly mandate CAG to examine the efficiency, effectiveness and economy of the decisions. One should not forget that CAG report is tabled in Parliament through the President. There is a full-fledged mechanism to examine a CAG report and then debate it in Parliament. A constitutional office, as we said, should not be confused with a traditional Munimji,” SC said.
Loyalty above duty – Ministers should not defend a deal in advance of facts
The political wisdom of the Congress closing ranks behind its president’s son-in-law is extremely questionable. The fact that even Karnataka Governor H. R. Bhardwaj was unable to maintain his office’s neutrality sufficiently to keep silent on the subject, saying instead that allegations against the Gandhi family always “fall like nine-pins”, is an indication of the degree to which the party’s members feel their loyalty requires a stout defence of Mr. Vadra, whatever the political cost. But it is a political party’s right to be bad at politics, if it so wishes. However, those who hold ministerial portfolios relevant to possible investigations into the association between Mr. Vadra and DLF should be a little more restrained in their comments on this issue. Finance Minister P. Chidambaram, who supervises the income tax office among other relevant departments, declared that a probe was impossible without “specific allegations or quid pro quo”. This is certainly correct as a principle. But it is far from clear that specific allegations will not emerge. Indeed, Arvind Kejriwal believes he has already made specific allegations — that the Haryana government provided favourable treatment to DLF in return for Mr. Vadra receiving benefits from that company.
Use of PC in Bed & Sleep Disruption
Researchers at Rensselaer Polytechnic Institute showed that exposure to light from computer tablets significantly lowered levels of the hormone melatonin, which regulates our internal clocks and plays a role in the sleep cycle. In the study, published in the journal Applied Ergonomics, the researchers had volunteers read, play games and watch movies on an iPad, iPad 2 or PC tablet for various amounts of time while measuring the amount of light their eyes received.
They found that two hours of exposure to a bright tablet screen at night reduced melatonin levels by about 22%.
What Makes a Leader?
People with strong self awareness are neither overly critical nor unrealistically hopeful. Rather, they are honest with themselves and with others. People who have a high degree of self-awareness recognize how their feelings affect them, other people, and their job performance.
Someone highly self-aware knows where he is headed and why; so, for example, he will be able to be firm in turning down a job offer that is tempting financially but does not fit with his principles or long-term goals. A person who lacks self-awareness is apt to make decisions that bring on inner turmoil.
“The money looked good so I signed on,” someone might say two years into a job, “but the work means so little to me.” Decisions of self-aware people mesh with their values; so they find work energizing. How can one recognize self-awareness? First, it shows itself as candor and an ability to assess oneself realistically. Such people are able to speak accurately and openly, though not necessarily effusively or confessionally, about their emotions and the impact they have on their work.
Where is the Regulator’s Response to Allegations about HSBC?
How does the procedure that the three high-networth individuals who feature in Mr. Kejriwal’s documents describe differ from hawala? All three, apparently, independently told the tax authorities as to how they managed from Delhi to open, operate and get back cash deposited in accounts in HSBC’s branch in Geneva. If the documents released by India Against Corruption are to be believed, all that is required is a phone call to HSBC, which will then depute its officers to open the account, collect cash in rupees, have it deposited abroad in a currency of your choice, operate it under your instructions — and then pay you cash in rupees, as and when required in India. None of the beneficiaries needed to go out of India to open or operate an account. If the charges are found to be true, this is a blatant case of flouting money laundering laws.
HSBC has been accused in other jurisdictions of similar acts. In the United States, the bank has admitted that a fine for a violation of federal anti-money laundering laws could cost it around $1.5 billion, and might lead to criminal charges — damaging the bank’s reputation and forcing it to set aside a further $800 million to cover a potential fine for breaches in anti-money laundering controls in Mexico as well as other violations. The provisioning was on top of $700 million it put aside in July. A US Senate report in July criticised HSBC for letting clients shift potentially illicit funds from several countries, including India. The size of the fine expected by HSBC dwarfs every other similar case, including the previous record set by ING Bank, which agreed in June to forfeit $619 million to resolve allegations that it illegally moved money on behalf of sanctioned entities in Cuba and Iran.
2G Spectrum Auction Generates Plenty of Lessons
First, CAG’s astronomical figure – Rs 1.76 lakh crore – flies out the window on being tested on the ground. Booty amassed in 2010 from sale of a restricted amount of 3G spectrum was hardly a realistic revenue-garnering benchmark. This isn’t to say the latest auction couldn’t have scored better, had the reserve price been less eye-popping and India’s investment climate more propitious. But that’s exactly why the government shouldn’t have been bamboozled to rush into an auction, using TRAI’s play-safe floor price. Nor is this to argue that the FCFS policy wasn’t messed with by former telecom minister A Raja. This is merely to reiterate that mobile telephony wouldn’t have soared had we been fixated on maximising revenue.
Second, outrage over corruption scandals shouldn’t blind us to issues of jurisdictional propriety and economic sense. It’s not for CAG or courts to dictate policy. In its response to the presidential reference on allocation of natural resources, the Supreme Court made this clear. Identifying ‘common good’ as the key criterion for resource disbursal, it said policymaking is the government’s turf. Yes, government must work with institutional checks and balances. But institutional overreach can lead to unhappy denouements, as with the lacklustre spectrum auction.
Third, resources are best mobilised through the expansion of telecom which fosters overall economic growth. But the sector can’t grow to potential with exorbitant costs of entry that would mar competition by barring smaller players, financially burden companies and raise prices for consumers. It’s important here that spectrum distribution isn’t opaque, whatever the modality. For instance, single-step e-auctions can work well with safeguards. So can a technology-enabled system where all licensees can access pooled spectrum. What we need now is to focus on practical ways to boost telecom infrastructure and transparency in policy implementation. What we don’t need is sound and fury over controversies blown out of all proportion. As we’ve seen, that only makes policymakers bungle on the side of caution, which chokes off investor feel-good and raises prices all round.