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Seminar on Current Issues in International Taxation on 16th October 2014

L to R : Mr. Nitin P. Shingala (President), Mr. Mayur Desai, Prof. Mr. Kees Vaan Raad (Speaker), Prof. Dr. Michael Lang (Speaker), and Mr. Rashmin Sanghvi.

BCAS, jointly with CTC, organised a Seminar on International Taxation at the Status Hotel, Mumbai.

In the first Technical session, Prof. Dr. Michael Lang, Head of the
Institute for Austrian and International Tax Law of WU, Vienna
University of Economics and Business, deliberated on the subject of
“Impact of BEPS on Tax Treaties”. He explained that G20 has initiated an
action plan against Base Erosion and Profit Shifting (BEPS) in respect
of avoidance of taxes by the MNCs who shift their profits/activities to a
low or no tax jurisdictions through dubious structuring and sham
transactions. The OECD, under the instruction from G20, has issued
series of action plans on various aspects of BEPS with possible
solutions. According to Prof. Lang mere changes in OECD Commentary to
address BEPS issue may not be sufficient unless countries make changes
in their bilateral tax treaties incorporating specific anti-abuse
provisions such as Limitation of Benefit (LOB) Article. He expressed
concern over the speed with which OECD is attempting to implement action
plans on BEPS. The Action Plan on “Preventing Granting Treaty Benefits”
may increase complexities. In the second Technical session, Prof. Kees
Van Raad, Chairman of the International Tax Center Leiden and Director
of the Leiden Adv LLM Program in International Tax Law, spoke on “Future
of Source Country Taxation of Active Business Income”.

Prof.
Raad discussed at length the origin of the concept of Permanent
Establishment (PE), attribution of profits to PE and its relevance or
otherwise in today’s digital world. Prof. Raad opined that there is a
gross misunderstanding as to where the profits are made, i.e., value is
created especially when sale is made in a country other than where
innovation and production takes place. Thresholds of
physical/project/agency PE are no more relevant in today’s digital
world. In any case PE was meant to be only a threshold. Perhaps we need
to relook at the entire concept of PE, he added. He said that splitting
of profits of an integrated internationally operating enterprise is
never going to be an easy task. May be then, the world needs to take the
difficult road the European Commission is walking with its Common
Consolidated Corporate Tax Base (CCCTB) proposal.

Intensive Workshop on Internal Financial Control as required under the Companies Act, 2013 on 17th& 18th October 2014

Mr. Y. M. Kale (Keynote Speaker)


L to R: Mr. Shivkumar Muthukrishnan (Speaker), Mr. Rajesh Muni, Mr. Y. M. Kale (Keynote Speaker), Mr. Harish Motiwalla, Mr. Himanshu Vasa, and Mr. Nitin Singhala (President).

This intensive workshop organised by the Accounting & Auditing Committee deliberated on various aspects of Internal Financial Control and helped the participants to better understand the various facets involved in developing the IFC which included:

  • scoping and materiality considerations,
  • identification of processes and sub processes,
  • design of control framework and mapping them to an acceptable control framework,
  • preparing test plans,
  • sampling strategy,
  • evaluations of controls etc.

The keynote address was delivered by Mr. Y. M. Kale. The faculties for this workshop were Ms. Preeti Dani and Mr. Shivkumar Muthukrishnan.

National Conference on Companies Act-2013 on 18th October 2014

The BCAS in association with the Federation of Andhra Pradesh Chambers of Commerce and Industry (FAPCCI) conducted a National Conference on The Companies Act, 2013 on 18th October, 2014 at Hyderabad where the following Topics were covered:


L to R : Mr. Anil Reddy Vennam, Mr. Harish Motiwalla, Mr. Mr. Abhay Kumar Jain, Mr. Shiv Kumar Rungta, Mr. C. Murali Krishna and Mr. Nitin Shingala (President)

Mr. Shiv Kumar Rungta, President, FAPCCI mentioned that Corporate Governance is an issue of vital interest to the business community and with the passage of the new Companies Act, 2013, there is now a larger focus on corporate governance. Every Director, whether independent/ non independent, executive/non-executive has a distinct role in the functioning of the company. It is only when the entire board functions effectively which results to good corporate governance and benefit minority as well as majority shareholder in the long term.

Mr. Nitin Shingala, President, BCAS also lauded the legislation of the Companies Act, 2013 and compared some of the provisions of the Act with the Sarbanes Oxley Act. Mr. Abhay Kumar Jain, Chairman, Corporate Laws, Legal and IPR Committee of FAPPCI was happy that the Joint National Conference by FAPPCI and BCAS is a momentous event and a first of its kind collaboration where both the industry and professionals have come together on a common platform which has given an opportunity to understand, work and perform the respective roles efficiently.

Mr. V. S. Raju, Advisor and Past President of FAPCCI introduced the keynote speaker Mr. Murali Krishna. The Keynote Speaker said that the Concept of True and Fair which was earlier restricted to the auditor has now been made the responsibility of the management. He also touched upon various other issues such as Internal Audit, Selection, Appointment and Rotation of auditors, Schedule III, Depreciation, Share Application Money, Independent Directors and Deposits. He felt that creating Jobs is the biggest Corporate Social Responsibility, Creating job is connected to every factor of the Economy, the GDP factor, the wellness factor or the human satisfaction index etc. He suggested for spending more on the employee, so that in turn they will spend into the economy and the whole economic system blooms and blossoms.

Lecture Meeting on International & Domestic Transfer Pricing – Recent Developments on 5th November 2014


Mr. T.P. Ostwal (Speaker)

This lecture meeting was held at the Walchand Hirachand Hall, IMC, Churchgate, Mumbai. Mr. T. P. Ostwal, Chartered Accountant shared his experience on the recent developments in International & Domestic Transfer Pricing with regards to Finance Bill 2014. He also explained the key challenges of the amendments with relevant case studies. More than 275 members gained immensely from the knowledge of the speaker. The presentation and video of the lecture is available at www.bcasonline.org&www. bcasonline.tv, respectively, for the benefit of all.

Workshop on Tax Audit (Advanced) on 8th November 2014

L to R : Mr. Kishore Karia, Mr. Ameet Patel (Speaker), Mr. Nitin Shingala (President), Mr. Mukund Chitale (Speaker) and Ms. Saroj Maniar

The Taxation Committee of the Society organised this Workshop at the Walchand Hirachand Hall, IMC, Churchgate, Mumbai. The objective of the workshop was to address the critical aspects of tax audits and the responsibilities of tax auditors with regards to the revised Forms for Tax Audit issued by the CBDT in July 2014, due to which the reporting requirements have escalated dramatically and several practical issues have arisen. The Following Topics were covered at the workshop:

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Workshop on NBFC Regulations on 26th September, 2014


L to R : Mr. Raman Jokhakar, Mr. Renganathan Bashyam (Speaker), Mr. Rajesh Muni, Mr. Abhay Mehta.

The Accounting & Auditing Committee of the Society organised this Workshop at the Society’s Office. The objective of this Workshop was to sharpen the skills of participants in this specialised area of NBFCs. Besides this, the Workshop created awareness amongst the young entrants to the profession regarding the professional opportunities available in the NBFC sector.

The following topics were covered at the Workshop:

59 participants attended and benefited from the Workshop.

Lecture Meeting on Success in CA Exams by CA. Mayur Nayak on 1st October 2014

Mr. Mayur B. Nayak (Speaker)

Lecture Meeting on “Related Party Transactions– harmonising and reporting under various statutes” by CA. Gautam Doshi on 8th October, 2014


L to R : Mr. Gautam Doshi (Speaker), Mr. Raman Jokhakar, Mr. Nitin Shingala (President), Mr. Mukesh Trivedi.

Advanced Workshop on Professional Writing Skills on 11th October, 2014

The Infotech & 4i Committee of the Society organised this Workshop at the Society’s Office. The objective of the Workshop was to enhance the writing skills for aspiring writers with a focus on professional writing.


L to R : Mr. Nitin Shingala (President), Mr. Anil Sathe (Speaker), Mr. Ameet Patel, Mr. Shreyas Trivedi.

The following topics were covered at the Workshop:


35 participants attended and benefited from the Workshop.

Half-day Workshop on SEBI/Securities laws for Chartered Accountants – Introduction to Basic Concepts, important Regulations, Penalties/ Settlement and Clause 49 on 17th October 2014.


Mr. Jayant Thakur (Speaker), Mr. Sharad Abhyankar (Speaker)

The Corporate and Securities Laws Committee of the Society held its maiden workshop at Babubhai Chinai Hall, IMC, Churchgate, Mumbai on Securities Laws to present Chartered Accountants in practice and industry to this rapidly developing field.


Mr. Shailesh Bathiya (Speaker), Ms. Shailashri Bhaskar (Speaker)

Mr. Jayant Thakur presented a detailed overview of the law, regulations, guidelines, etc., highlighting recent developments. He drew attention to many recent court/SAT/ SEBI decisions and issues of concern to CAs and listed companies. Mr. Sharad Abhyankar took participants through the history of Takeover and Insider Trading Regulations. He explained important concepts in the regulations, relevant milestones, compliance and substantive issues and certain recent developments. Mr. Shailesh Bathiya provided a meticulous analysis of the new Clause 49. Highlighting the old clause, the amendments made to it in April 2014 and also the most recent amendments of September 2014, he also explained how the compliances of listed companies generally and the job of independent directors specifically has become very difficult. Ms. Shailashri Bhaskar provided a detailed analysis of the latest Regulations of 2014 relating to settlement of penalties and compounding. She led the participants through the whole procedure in detail giving practical tips and areas of concerns.


Mr. Nitin P. Shingala (President) Mr. Kanu S. Chokshi Mr. Paras Savla

60 participants attended and benefited from the Workshop.

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13th Leadership Camp on 17th to 19th April 2015


The 13th Residential Leadership Camp (Spiritual Retreat) for BCAS members and their spouses was held at Moksh, amidst the scenic environment of the resort at Lonavala, between 17th April and 19th April 2015.

The topic was “Body-Mind Balance”. The faculty were Dr. Harish Joshi and Mrs. Kokila Joshi, reverently addressed as Guruji and Guruma by the 35 participants who attended the camp.

2-Day Orientation Workshop designed for Articled Students on 24th & 25th April 2015

A 2-day orientation workshop was organised by the Human Resources Committee of BCAS. The objective of the workshop was to give an introductory insight on a variety of topics which will assist students and fresh Chartered Accountants in their articled period and would also help them expand their knowledge base and sharpen their skills to discharge their duties more effectively

The first session started with the introduction of the concept of Body, Mind and Soul. The Faculty elaborated on layers of human existence emphasising that three things viz. Sankalp (Determination), Knowledge and Energy can accomplish any task howsoever challenging it may appear. What is required to be understood is that though apparently appearing to be different, the reality is only one and that is, each person is “Complete” in himself, capable to achieve anything through understanding the connection between the Body and Mind which can be easily perceived once an individual has perceived the layers of human existence. Session 2 elaborated on “Dharma of birth in human form” enlightening the participants on the supremacy of human form in the chain of evolution and how one should spread fragrance of good deeds, thoughts and love to progress on the path which can answer the question of “Who Am I?” leading to supreme enlightenment.

Session 3 and 4 made the participants realise some fundamental truths that can lead them to the right path prodding them to introspect to identify EGO, tendency of being JUDGEMENTA L and ATTA CHMENT which are big obstacles for realising the true purpose of existence. Participants were told that there are three forces, Brahma (Creation), Vishnu (Maintenance) and Shiva (Destruction) that constantly operate in the universe and are also present in each human to more or less extent. One needs to learn to identify these forces to appropriately adept oneself to truly realise one’s potential. The best technique for such identification is Meditation and Pranayama. It then got the participants to think about fundamental questions such as “Why are we here on earth?”, Is unconditional love the form of Godliness? etc. answering them with illustrations. The session ended with explanation of 3 different types of emotions viz. Sat (Love), Chita (Peace) and Bliss (Anand), and how they are governed. In the evening there were interactive games with ides of making participants think in terms of their behavior and interactions with their family members.

Session 5 and 6, on the second day, covered the significance of divinity of relationship with others as well as one’s own self. It explained how being connected to the almighty constantly helps you connect with yourself and others better and help you live your life harmoniously. Simple things like gestures of respect, such as touching feet, could increase humility and respect, and ultimately bring peace. The participants were also explained the concept of Guru, Satguru and follower and disciple, difference between forms of existence/personalities such as Manushya (Human), Deva (God) and Pashu (Animals). Different techniques of meditation were taught giving participants some very exhilarating experiences.

Session 7 guided participants to know their biological cycle to take emotional state to higher level which can free one from state of ” Vikalpas” (Alternatives) to “Sankalpa” (Determination) from being “Doubtful” to” Doubtless” and from being “Fearful” to “Fearless”. Session 8 started with meditation and addressed various subjects such as how to recognise one’s Ego, how to convert stress energy in to creative energy etc.

On the third and concluding day, Guruji and Guruma answered the participants’ questions collectively and individually. The camp concluded with gratitude to the faculty and blessings from them.

Workshop on ‘Present the Presenter Within’ on 25th April 2015

Human Resources Committee of BCAS organised this workshop (spread over four Saturdays), under the auspices of Amita Memorial Trust, where the Trainer Mr. Shyam Lata dealt with various aspects of enhancing public speaking, communication and interpersonal skills. These four sessions helped the participants to get rid of shackles of selfconsciousness and developed in them a compelling desire not only to express their ideas but to do so with forcefulness and conviction.

Felicitation of President & Vice President of ICAI on 28th April 2015

The Society invited CA Manoj Fadnis, President, ICAI, and CA Devaraja Reddy, Vice-President, ICAI, on 28th April, 2015 at the BCAS Office for an interactive meeting and felicitated them. The meeting was also attended by Mr.Sunil Patodia, Chairman – WIRC, Mr.Dilip Apte, Vice-Chairman, Central Council Member Mr. Nihar Jambusaria, and Regional Council Members Mr. Mangesh Kinare, Mr. Shradul Shah, Mr. Shushrut Chitale, Ms. Preeti Savla, Mr. Pankaj Raval, Mr.Neel Majithia and Mr. Mahesh Madkholkar, several Past Presidents of BCAS and other members.

During the interactive session, Mr. Arvind Dalal, Mr. Harish Motiwala, Mr. Kishore Karia, Mr. Govind Goyal, Mr. Gautam Nayak and Mr. Mayur Nayak put forward various issues concerning the profession, the members and the students. The President of ICAI, Mr.Manoj Fadnis, dealt with each of the issues raised elaborately and explained various steps being taken by the ICAI.

The Vice President of ICAI, Mr. Devaraja Reddy, explained the proposed revision in the CA Curriculum and the process followed.

Mr. Manoj Fadnis, ICAI President and Mr. Devaraja Reddy, ICAI Vice President, appreciated the work done by the BCAS and invited the BCAS representatives in supporting the ICAI in various technical areas. They also assured that such interactive meetings and dialogues will continue in the future.

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Lecture Meeting – ‘Are the new requirements of IFC & EWRM a boon or bane?’ held on 28th October, 2015

The speaker on the subject, Mr. Monish Chatrath gave the audience an overview of the latest developments under Companies Act, which place an onerous responsibility on the auditor. Emphasising their importance, he stressed upon the need to make IFC a powerful and practical tool, in the hands of all the stakeholders – the organisation, the consultant and the auditor.

He shared several practical tips on the process of structuring a framework, which included:

1. Closely work with a client team comprising of not more than 20 members; empathise with their pain points, so as to make the entire exercise more meaningful.
2. Do a walk through to get a better understanding of the challenges on hand.
3. Define materiality, identify significant accounts, disclosures and map significant cycles with subprocesses.
4. Ensure a feedback from the auditor in advance, so as to make necessary changes to the structure, wherever required.

While internal controls are an integral part of the enterprise risk management, some key differences include:

1. EWRM is applied in strategy setting, while IFC operate more at the process level.
2. EWRM is applied across the enterprise and includes taking an entity level portfolio view of risk; on the other hand, IFCs are for the processes which contribute to financial reporting.

He explained the distinction between threats, vulnerabilities and risks and drove home the importance of maintaining a Key Risk Register. The participants also got the benefit of an interactive session with the speaker.

Study Circle on New Annual MCA-21 Filings on 19th October, 2015

The Technology Initiatives Study Circle of the Society organised this meeting at the Society’s office keeping the fast approaching filing deadline in mind. The objective of the meeting was to elaborate on the nuances of various Annual filing requirements and their analysis so as to equip the audience to grasp the recent amendments made by the MCA. The speaker for the session was C. S. Mandar Jog. The program was well received by the members.

Lecture Meeting – “Use of Digital Evidence by Income Tax Department” held on 18th November, 2015.

The speaker Mr. R. Ravichandran, Director of Income Tax (Intelligence & Criminal Investigation) explained in detail, the legal framework, procedures and issues involved in the use of Digital Evidence obtained by the Income Tax Department during various stages of assessments, search and seizures.

The learned speaker explained the importance of section 65 and 65B of the Indian Evidence Act 1872 and the Information Technology Act, 2008 which govern the legal framework on admissibility of digital evidence. He emphasised that the government officials have to be careful during the collection, analysis, preservation and presentation of digital evidence so that the integrity and admissibility of the same is not compromised.

Some of the points which the assessing officers have to be careful of while dealing with digital evidence are as follows:

Take a bit stream image or cloning of the storage device which is suspected to contain relevant data. This ensures that all the deleted files can also be recovered and analysed.

Evidence Collection Form as provided in the department manual is to be completely and carefully filled.

The “Hashing” of all the storage devices being seized is necessary. Hashing involves creation of a unique hash value for the data file which contains data about the creation, modification etc. of that particular data file. The hash values are also to be clearly noted in the Panchnama and also to be produced alongwith the evidences before the Court. The hash value proves the integrity of the digital evidence and that the same has not been tampered with.

A “Chain of Custody” Form has to be maintained to keep a tab on the exchange of digital evidence by the government officials during various stages of investigation.

At the time of search, all the computers and servers which are at switch-on mode are to be kept on and the data residing on the RAM (Temporary Memory) is to be copied. Switching off an active device deletes the data stored on RAM.

At the time of search, the assessee has to “Make Available” all the applications, softwares, licenses, user id and passwords to applications and cloud data to enable the tax officers to access the data and use their analytical tools.

The Income tax department has started forensic labs in Mumbai and few other metro cities and also use sophisticated forensic tools for analysing, data mining and collecting digital evidences.

The speaker also mentioned that the tax department is also analysing the digital footprints, location data, social media accounts, data from other government agencies and third party through AIR, to catch high value transactions and suspected tax evasions.

To conclude, the speaker also advised Chartered Accountants to make extensive use of forensic tools which are freely available while discharging their audit and certification duties. He also urged the Institute of Chartered Accountants of India to include the study of Information technology, forensic tools etc. in the CA curriculum.

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

Students Study Circle on “Related Party Transactions and Loans to Directors, Investments and Loans by Companies and Acceptance of Deposits by Companies”

The Students Forum of the Society organised a study circle in two sessions on the topic “Related Party Transactions and Loans to Directors, Investments and Loans by Companies and Acceptance of Deposits by Companies” on Friday, 6th November, 2015 and 20th November, 2015 at the Society office.

The study circle was led by student speaker Mr. Pushkar Adhikari under the guidance of the Chairman CA. Tasnim Tankiwala and CA. Kumar Raisinghani respectively. The motive of organising this study circle was to make the future Chartered Accountants proactive & aware of the fresh piece of legislation. The average attendance in both the study circles was 20 students and it was a great learning experience for the student members.

The chairmen of both the sessions initiated the study circle with their opening remarks and deep knowledge on the subject. The speaker Mr. Pushkar Adhikari gave a deep insight of the topic.

Human Development Study Circle Meeting on “Strategies to enhance ROI on HR Investments” held on 13th October, 2015
At this meeting, Ms. Chhaya Sehgal presented the Various Strategies and Tools leading to Enhanced return on HR Investments.

1. Employee Retention: Most important for an employer in order to receive the employee contribution after recovering the cost of his acquisition, development and maintenance. What makes an employee stay in the organisation is not merely his salary. In addition to his salary it’s a combination of rewards linked to productivity, welfare measures to fulfil his needs as per Maslow’s Hierarchy, Recognition, Developmental Opportunities, an organisation culture conducive for performance and work environment with team spirit. When employees learn Gratitude, they stay longer in the organisation. How to make employees learn Gratitude. Case study of Google.

2. Value Based Management, EVA (Economic Value Added), DELTA EVA as tools for performance measurement and rewards distribution at individual, divisional, functional and organisational level to ensure the three tier goal congruence between the shareholders, management and the employees. Case study of Mayo Clinic in USA; despite being a not for Profit set up, it tops in Financial Performance in the Medical Care Industry because of VBM.

3. What makes an employee productive – K S A H i.e. Knowledge, Skills, Attitude and Habits – eventually productive and service oriented habits also shape up his attitude, knowledge and skills. These enable employees to generate CASH for themselves and the organisation both. Case study of Taj Mahal Hotel where due to customer centric culture, employees served and saved the guests at the cost of their own lives during the 26/11 terrorist attack.

4. What is Human Performance? Performance is equal to Capacity multiplied by commitment.

Capacity is equal to Competencies multiplied by Resources multiplied by opportunity.

Individual performance is equal to ability multiplied by motivation multiplied by organisational support adjusted with environmental factors.

Unlike every other resource in a business whose productivity is measured by dividing the Output by Input; only for HR, Productivity is a sum total of Inputs + Output since a person can alter his Input in terms of his CAPACITY and COMMITMENT to get desired output. The case study of Tata Tea; where Women brew a turnaround story in a tea estate after a successful buy out of company by the employees as an option instead of downsizing.

5. How a culture of innovation creates opportunities for everyone to grow and earn more and improves the financial muscle of the Company/organisation. Innovation catapults an ordinary business into leadership position; example Apple.

 6. Calculation of Return on Capital Employed (ROCE) and its significance in Balance Score Card to see the cause and effect relationship between employee empowerment, improved processed, enhanced customer satisfaction and wealth creation. The case study of Tata steel.

At the end of the meeting, the participants recommended a full day meeting to discuss in more detail since this is a vast subject.

One day Seminar on BEPS in Action held on 7th November, 2015

One day Seminar on BEPS in Action was organised by the International Taxation Committee on 7th November, 2015 at Palladium Hotel in Mumbai.

The Seminar started with CA. Vishal Gada giving an overview of the final deliverables of the OECD on the 15 Action Plans on their Base Erosion and Profit Shifting (BEPS) Project. He gave a detailed summary of the Action Plans. Thereafter, he dealt with the Action Plan on addressing tax challenges in Digital Economy. He informed the audience about the various options that the OECD has suggested to deal with the lack of permanent establishment threshold and indirect taxes issues arising out of e-commerce transactions for source countries. He also summarised some global developments like unilateral actions by countries relating to BEPS during his talk.

In the next session, CA. Paresh Parekh dealt with the BEPS action plans dealing with coherence issues. These included action plans for neutralising the effects of hybrid mismatch arrangements, limiting base erosion via Interest deductions and other financial payments, Strengthen the Controlled Foreign Corporation Rules and countering harmful tax practices more effectively, taking into account transparency and substance.

Thereafter, CA. Himanshu Parekh dealt with acton Plans relating to issues of substance in international tax law. These included action plans on Preventing treaty abuse and artificial Avoidance of PE status which result in base erosion and profit shifting.

All the above three technical sessions were chaired by CA. Gautam Nayak who shared his analysis with the participants.

In the subsequent session, action plans relating to substance issues arising in the transfer pricing field were taken up by CA. Sanjay Tolia. He dealt with value creation in case of intangibles, as regards risks and capital and high risk transactions. He also explained the new documentation requirement for country-by-country reporting with master file and country files.

Mr. S.P. Singh, IRS, dealt with the action plans dealing with the issues of transparency and certainty. These action plans related to establishing methodologies to collect and analyse data on BEPS, requiring taxpayers to disclose their aggressive tax planning arrangements, making Dispute Resolution mechanism more effective and developing a Multilateral Instrument to effectively implement the action plans.

In the final session, CA T. P. Ostwal updated the participants about the current developments like the ‘Google tax’ and reporting on aggressive planning techniques by taxpayers and other related developments in India and globally.

The above three technical sessions were chaired by CA. Rashmin Sanghvi who gave valuable insights on BEPS for the benefit of the participants.

All the speakers dealt with the Indian perspective on the action plans and what is to be expected going forward in India relating to BEPS. The Seminar was well received by the participants who benefited from the high level of discussions and topical analysis of BEPS.

Direct Tax Study Circle Meeting on Transfer Pricing – Recent Issues, Controversies and Jurisprudence held on 2nd November 2015

The speaker, CA. Namrata Dedhia under the guidance of the Chairman, CA. Mayur Nayak commenced the meeting by highlighting the recent amendments in relation to Transfer Pricing – Multiple year data and Range concept. She gave a brief overview of the existing provisions and practices used for benchmarking the data, and then moved to the rationale of using multiple year data for benchmarking. With the help of a diagrammatic representation, she explained the different scenarios where multiple year data and weighted average price is to be used for benchmarking. Thereafter, she commented upon the concepts of arithmetic mean and range concept. With the help of illustrations, she explained the procedure to be followed for determining the range, arriving at the arm’s length price and also the adjustment to be made to the arm’s length price by way of median value. Subsequently, she drew attention to the current issues relating to TP faced by the Industry and a host of recent decisions passed by various judicial authorities.

Direct Tax Study Circle Meeting on Section 195 – Recent Issues, Controversies and Jurisprudence held on 26th October 2015

The speaker, CA. Jhankhana Thakkar, under the guidance of the Chairman, CA. Gautam Nayak, gave a brief introduction of section 195 and the compliance procedures enshrined in Rule 37BB. She commented upon the mismatch between the amended section 195(6) and Rule 37BB and was of the view that the CA Certificate in Form 15CB is not required to be obtained if the sum to be remitted, is not chargeable to tax. She then drew attention to various issues in relation to withholding tax faced while making payments to non-residents such as FTS payments where section 44DA is applicable, payments for obtaining online database, payments for advertising on the websites, remittance to self, payments to companies which have a POEM in India. Thereafter, she discussed three recent decisions at length – Lionbridge Technologies Private Limited vs. ITO(IT–TDS) Mumbai ITAT 42 ITR(T) 413 which deals which TDS on reimbursement of cost of a software, ITO(IT) vs. Heubach Colour (P) Ltd – Ahmd ITAT (54 taxmann.com 377) which deals with payments for trademarks and intangible assets and ITO (IT) vs. Skill Infrastructure Ltd – Mumbai ITAT (62 taxmann.com 33) which is in relation to payments for consultancy services.

FEMA Study Circle held on 6th November

The Study Circle (Second Session) on Overview and Issues – External Commercial Borrowing (ECB) was held on 6th November which was very well led by CA. Mitali Pakle. She took the participants through the basics of the ECB such as statutory framework, key concepts and certain issues such as whether LLP/Partnership Firm are eligible to borrow, what software sector means where ECB is now permitted, whether purchase of business on slump-sale basis is permitted end use and many other relevant issues.She explained at length how to calculate ECB Liability Equity Ratio taking various illustrations and also discussed ambiguity in interpreting certain components therein.

Lecture Meeting –“Transfer Pricing – Recent Developments and Controversies” held on 4th November 2015

The speaker, CA. Rohan Phatarphekar shared with the audience, his views on the recent development and controversies in Transfer Pricing. He gave a brief overview on the application and interpretation of these recent developments. He emphasised on the issues involved and the approach of the revenue for these controversies and discussed the same in details.

He gave a brief overview on the following key controversies:

1) Market Intangibles – Dealing with AMP expenses, was led with the discussion on LG Electronics : Special Bench decision being that deals with legal issues not factual issues.
2) Share Valuation – General contentions of the revenue and the taxpayers, was led with the discussion on Vodafone India Services Pvt. Ltd: Bombay High Court Writ Petition.
3) BPO vs. KPO – Classification of broad range ITes services into BPO and KPO.
4) Contract R&D vs. Entrepreneurial R&D – Calculation of Cost plus mark up, the basis of the cost allocation, safe harbour rules and other parameters.
5) Location savings – Issues relating to location saving advantages and location saving rent, was led with the discussion on Watson Pharma Pvt. Ltd.

Along with the discussion on these controversies, CA. Rohan Phatarphekar also discussed about the disputes that are continuously revolving around Transfer Pricing and the mechanism on how to resolve such disputes. The recent developments of transfer pricing also includes developments in APA and MAP. The key recent developments included the discussion on areas such as:

1) Introduction of Range and Multiple-year analysis

2) Guidance on implementation of Transfer Pricing Provisions

3) OE CD/G20 BEPS Releases – Final reports on various Action Plans.

The learned speaker also showed the way forward in order to deal with such controversies and how effectively should we manage such disputes and what approach should we adopt to arrive on the final solutions.

Human Development Study Circle Meeting on “The Art of Asking Right Questions” on 3th November, 2015 at BCAS Conference Room ‘Gulmohar” by Presenter : Dr. Anil Naik

Anil Naik is an MBA from IIM, Kolkata, with a Phd. in Strategic Management. He is a consultant to large organisations such as Tata, Mahindras, etc. He is also a winner of many prestigious awards.

The subject was discussed in depth by Dr. Anil Naik touching upon various aspects of The Art of Asking Right Questions.

Knowledge is the Fuel for Power. Asking the right questions whether to self, one to one, to a group or in interactions is very important and useful in personal and professional life.

Right questioning with a purpose to collect and gain right information which has clarity of understanding is an Art.

The participants were amazed at the vastness and depth of the subject which was discussed in depth with practical examples of how individuals and companies succeeded due to the art of asking right questions.

Questions are asked with various purposes in mind. To name a few, it could be to motivate, to persuade, to move forward through tough times, to solve a problem, to collect information, etc.

Questions are useful to find specific, relevant or necessary information.

Questions enable communication which is useful in establishing strong relationships.

When a question is asked, we have an impulse to answer. This is answering reflex. A question stimulates the nervous system, gets the brain cells working and creates an impulse to answer.

Exactly what you ask and how you ask can affect the answer you get. The words make the difference. To whom am I asking this question? Is it a known or unknown person?

These are some of the glimpses of what was discussed in this presentation.

At the end, participants questions were duly addressed by the speaker.

The presentation was lively, interesting and humorous and the participants wanted more such interactive meetings.

Seminar on Charitable Trust on 7th November 2015

A full day seminar on “Charitable Trusts” was organised jointly with The Chamber of Tax Consultants. The objective of the seminar was to enlighten the participants with the entire aspects and procedures for formation, running rules, regulations, investments and taxation of Charitable Trusts with special emphasis on the updated laws and CSR provisions.

The participants benefited immensely from the interactive sessions.

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Lecture meeting on Legal and Tax aspects of Trusts with special reference to REITs, INVSTs and AIFs on 17th June 2015

Mr. Dilip V. Lakhani, Past President of BCAS, addressed the audience in regard to special categories of Trusts. He also explained various structures and implications under Incometax thereon.

He highlighted the controversy around the status of the trust and the consequences of taxability of its income. In his view the status of the trust is dependent upon the status of its Beneficiaries. He drew attention to the fact that if the trust is revocable, then the income is taxable in the hands of the Settlor. He explained how trust can be an important tool for inheritance planning.

He further explained REIT structures and income tax implications on various parties to REIT. He expressed a view that capital gains tax on the sponsor in respect of transfer of the property through SPV to REIT is not exempt, but is deferred, which is one of the reasons for this structure not being popular in India. He mentioned a simple rule of taxation for income of REIT and its unit-holders:

INVSTs are similar to REIT.
Alternate Investment Fund: Finance Act 2015 has provided pass through status to only Category I [usually providing seed capital to start-up ventures] and Category II [usually providing funds to real estate] Funds, whereas Category III [usually have complicated, hybrid structures] Funds have not been granted such pass through status.

Mr. Dilip Lakhani’s presentation and explanation on private trusts with special reference to REITs, INVSTs and AIFs in a lucid manner was of immense benefit and was well appreciated by the audience.

9th Residential Study Course on Service Tax & VAT

Venue: Leonia Resort, Hyderabad
Dates: 19th June, 2015 to 21st June, 2015

Residential Study Course (RSC) is gradually becoming a very sought-after annual event of the BCAS considering the importance and the relevance of the subject in the current economic scenario. This year, the RSC was held at Hyderabad. More than 150 delegates from all over India participated and exchanged their knowledge and experience. In spite of heavy rains, water logging and delayed flights from Mumbai, all the participants made it to the RSC in time thus displaying their commitment to such an event. The Resort located on the outskirts of Hyderabad was a unique destination spread in sprawling greenery and natural rock formations with an ambience of luxury and warm hospitality.

Day 1 – 19th June, 2015
The RSC started in the afternoon with a group discussion on the paper titled “Case Studies on Taxation of Services” written by Advocate S. Thirumalai. The group leaders were CA Abhishek Doshi, CA Mandar Telang, CA Sudhir V. S. and CA Virendra Parwal. Case Studies on Valuation, Exemption, Point of Taxation and Place of Provision of Service were debated with active participation of all the delegates.

This was followed by the Inauguration Session – lighting of the lamp at the hands of Vice President CA Raman Jokhakar and the Chairman of the Indirect Taxes Committee – CA Govind Goyal. The Committee’s latest publication on “Service Tax – Basic Concepts and Procedures”, authored by CA Mandar Telang, was released at the auspicious hands of Advocate S. Thirumalai.

The inaugural session was immediately followed by the first technical session wherein Advocate S. Thirumalai gave his views on the case studies in his paper and also replied to other related issues raised during the group discussion. The session was chaired by CA Sunil Gabhawalla.

Day 2 – 20th June, 2015

The morning started with a group discussion on the paper “Case Studies on Cenvat Credit” written by Advocate L. Badri Narayanan. The group leaders were CA Leena Talathi, CA Nilesh Suchak, CA Sanjay Burad and CA Srikant Shenoy. The groups had a tough time completing all the issues in the paper as the subject was so vast and complex.


The second technical session was a presentation paper by Advocate J. K. Mittal on “Controversies in Service Tax”. In his inimitable style, he explained the controversies surrounding the Service Tax law, the contradictory judgments and challenges faced by the practitioners. The participants were left asking for more. This session was chaired by CA Sanjay Dhariwal.


In the third technical session, Advocate L. Badri Narayanan replied to the queries raised by the participants in the group discussion on his paper. He explained the complexities of the Cenvat Credit Rules and explained in detail so as to clear all the doubts of participants. This session was chaired by CA Uday Sathaye, Past President of BCAS.


In the evening, on the eve of International Yoga Day, a yoga session was organized under the guidance of CA Rajesh Kothari, Past President of BCAS. The response was overwhelming and on request of the participants, one more session was held on Sunday morning at 6 am.

Day 3 – 21st June, 2015

The morning started with a yoga session, it being the International Yoga Day.

The last paper for Group Discussion was of Advocate K. Vaitheeswaran on “Service Tax & VAT on IT, IT Enabled Services and E-Commerce Transactions”. The Group Leaders were CA Jayesh Gogri, CA Pranav Mehta, CA Samir Kapadia and CA Vikram Mehta. The case studies on the subject generated a lot of debate and fruitful participation.

During the fourth technical session, CA Jayraj Sheth presented a paper on “GST – Recent Developments & Expectations”. It was a wonderful presentation with facts and statistics about India’s progress towards GST. This session was chaired by Advocate Shailesh Sheth, who also shared his views on the subject.

CA Samir Kapadia, a member of the Indirect Tax Committee, made a small presentation on the initiative proposed to be undertaken by BCAS to prepare the professionals and the stakeholders to meet the challenges of new law on Goods & Services Tax (GST).


Thereafter, in the fifth and last technical session, Advocate K. Vaitheeswaran replied to all the queries raised by the participants. The paper writer’s exposure and his in-depth analysis made his talk very useful and interesting to the participants. He referred to various court decisions and explained the grey areas to the satisfaction of all. This session was chaired by CA Parind Mehta.

The RSC concluded with the Chairman of Indirect Taxes Committee CA Govind Goyal thanking all the paper writers, delegates for their co-operation and active participation, chairmen of technical sessions, the group leaders, all committee members, the BCAS staff, management of the Resort and all others who made this RSC a very successful event. He specially thanked the President CA Nitin Shingala and the Vice President CA Raman Jokhakar for their wholehearted support. Vice President, CA Raman Jokhakar thanked the Chairman CA Govind Goyal for his untiring efforts to make this RSC a memorable one.

After lunch, the participants departed to their respective destinations, cherishing the memories of the 9th RSC and with a promise to meet again next year at the 10th RSC.

Workshop for Independent Directors (in association with the National Stock Exchange of India) on 3rd July 2015

The Workshop for Independent Directors was inaugurated by CA Nitin Shingala (President), CA Kanu Choksi (Chairman), alongwith Mr. V. S. Sundaresan (CGM, SEBI) and Dr. V. R. Narasimhan (Chief Regulations, NSE)

Dr. Narasimhan gave the keynote address on the topic, citing some of the examples of mishaps in corporate world leading to stringent corporate governance norms being prescribed by the regulators. He mentioned that compliance requirements prescribed by law have arisen out of past experiences. Thereafter, Mr. Sundaresan gave a presentation on the expectations from the regulator’s perspective.

The Chairman mentioned that BCAS can conduct such workshops regularly, which can be recognised as a familiarisation programme for Independent Directors by the regulators.

Mr. Mahesh Athavale, Company Secretary by profession, appraised the participants about the duties, responsibilities and rights of Independent Directors. He shared some interesting practical experiences and case studies.

Mr. Mukund M. Chitale, Past President of BCAS, discussed the role of Independent Directors in an audit committee, board room dynamics and board evaluation. He shared his experiences as an independent director.

Practical issues faced by an Independent Director were discussed by a panel of Dr. V. R. Narasimhan (Chief Regulations, NSE), CA N. Venkatram, Mr. Madhu Bhagwat (Independent Director), led by CA Nawshir Mirza (also an Independent Director)

41 members took the benefit of the workshop. Participants were given ‘Certificate of Participation’ at the hands of the Panelists.

Monsoon Trek to Kothalighad on 11th July 2015

Human Development & Technologies Initiative Committee of the Society had organised a one day trek on Saturday, 11th July 2015 from Ambivali Village near Karjat to Kothaligad Peth.

The Trek was through thick jungle, close to nature surrounding the valley, and hills all around it. It got better as the trek reached greater heights. Considering that climate that day was favourable and cloudy with partial rain, the trek turned out to be enjoyable. Participants were high on energy and fully enjoyed the nature and were disciplined enough to be serious to the extent required for ‘safety’ and were environment friendly too. The 25 participants under the guidance of 3 experienced volunteers from Explorers & Adventurers Club completed the trek successfully. After the exhausting and enjoyable trek, the lunch at a small hotel at the base of Ambivali Village was lot more enjoyable. The return journey brought all back to the concrete jungle.

Lecture Meeting on Current Issues in International Taxation 15th July 2015

Mr. Pinakin Desai, the learned speaker for the lecture meeting held on 15th July 2015 covered various issues in International Taxation explaining various practical issues that one might face. The learned speaker commenced his talk with India-Mauritius DTAA, stating that the existing DTAA is under the process of negotiations and will undergo changes, resulting into a new revised DTAA which could be finalised in a couple of weeks. Then the speaker threw some light on the Black Money Act, 2015 which can have far serious implications on a Non-Resident becoming Resident and Ordinary Resident in India and explained the same with a few practical examples. Thereafter, the speaker drew attention to issues arising on indirect transfer of capital asset read in conjunction with Circular 04/2015 clarifying that the dividends declared and paid by a foreign company outside India in respect of shares which derive their value substantially from assets situated in India would not be deemed to be income accruing or arising in India by virtue of section 9(1)(i) of the Income-tax Act (ITA). Further, the speaker drew attention to the provisions of deemed international transaction by virtue of section 92B(2) of the ITA. Lastly, the speaker threw light on issues arising to foreign companies post amendment of section 6 of the ITA by the Finance Act 2015, which incorporated the test of POEM (Place of Effective Management) for determining the residential status of a Company. The lecture meeting ended after the speaker explained various issues as summarised above and their impact in practical implementation.

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Workshop on Mastering E Filing Compliances under Taxation & Corporate Laws, 28th January 2014 to 28th February 2014


L to R: Mr. Mandar Telang, Mr. Govind Goyal (Speaker), Mr. Ameet Patel and Mr. Suhas Paranjpe



This 15 Sessions workshop was jointly organised by the Indirect Taxes & Allied Laws Committee of the BCAS and HR College of Commerce and Economics. The objective of the programme was to enable users to gain comprehensive working knowledge on practical issues related to E-Compliances under various statutes like obtaining registration, payment of taxes or fees, submission of various forms or returns etc. are now required to be carried out electronically, using IT-oriented methods.

31 participants attended the course.

Seminar on Software Industry, 7th March 2014


L to R: Mr. Hasnain Shroff (Speaker), Mr. Naushad Panjwani (President), Mr. Kishor Karia, Mr. Gaurang Gandhi

A full day seminar on the topic “Software Industry” was jointly organised by the International Taxation & Taxation Committee of BCAS. The objective of the seminar was to understand the various nuances of direct tax, transfer pricing, indirect tax and accounting issues related to software Industry. The recent judicial pronouncements and the undercurrent of various contentious issues faced by the software industry, were also discussed.

105 participants attended the seminar.

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Special Lecture Meeting & Felicitation, 8th January 2014 Mr. Porus Kaka, Senior Advocate has recently been elected as President of the International Fiscal Association (IFA). Mr. Kaka is not only the first Indian but also the first Asian to achieve this feat. As a mark of regard and acknowledgement, the BCAS took this opportunity to felicitate him for achieving this very well deserved honour by the auspicious hands of Mr. Y. P. Trivedi, Senior Advocate. While Mr. Kaka also delivered a lecture on BEPS (Base Erosion & Profit Shifting), Morality in Taxation and the Changing Effect on a CA’s life, through an excellent way law is understood now. He ended the lecture by speaking on morality in tax laws and its effect on CAs and professionals.

Senior Advocate Mr. Trivedi as the Chairman of the session concluded the program by giving his views on the topic on certain current controversies relating to the stand taken by India at the WTO.

More than 950 people benefited from the lecture with the Live Webcast facility arranged by BCAS. The members present, had an opportunity to ask questions to Mr. Porus Kaka.

presentation animated with practical instances and videos. Mr. Kaka also covered 5 international tax and transfer pricing judgements that changed the The video of the Speaker is made available at www. bcasonline.tv for benefit of all members and web subscribers.

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Lecture Meeting on Capital Market Opportunities for SMEs on 3rd December, 2014


This lecture meeting was held at Walchand Hirachand Hall, IMC, Churchgate, Mumbai. CA. Nisha Subhash, Sr. AVP, National Stock Exchange shared her insights on various aspects of Capital Market Opportunities for SMEs. The faculty being associated with the National Stock Exchange for a long time was able to elaborate on the opportunities for SME’s Capital Market in depth. The main focus was on the difference between two platforms, that is SME Platform & Institutional Trading Platform. Members present gained immensely from the knowledge shared by the speaker. The presentation and video of the lecture is available at www.bcasonline.org & www.bcasonline.tv, respectively, for the benefit of all.

Lecture Meeting on Economic Offences: Criminal Law Systems; Cheque Bouncing Cases and EOW on 10th December, 2014

This lecture meeting was held at Walchand Hirachand Hall, IMC, Churchgate, Mumbai.

Mr. Niranjan Mundargi, Advocate and Mr. Yogesh Israni, Advocate, shared their experience on the various aspects of Economic Offences. The purpose of the lecture meeting was to make the members aware on the procedures of Economic Offences and their categories.
The faculty answered the various queries raised by the members which reflected how deeply the audience got interested on the subject. More than 200 members present gained immensely from the expert deliberation from the faculties. The video of the lecture is available at www.bcasonline.org & www.bcasonline.tv, respectively, for the benefit of all.

Lecture Meeting on Pursuing Excellence in Profession – A Holistic Approach on 17th December, 2014

This lecture meeting was organised under the auspices of Shri Dilip N. Dalal Oration Fund at the Auditorium, K.C. College, Churchgate, Mumbai. Swami Swatmananda, Acharya, Chinmaya Mission, the learned speaker, threw light on how excellence in all spheres of life is a must as also in profession. He gave examples in his talk which revolved around professional excellence in their professional life. More than 300 members gained immensely from the deep knowledge shared by Swamiji. The presentation and video of the lecture is available at www.bcasonline.org & www.bcasonline.tv, respectively, for the benefit of all.

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Lecture Meetings

Filing of Returns for AY 2014-15: Amendments & Precautions on 25th June, 2014. The meeting was held at the Jai Hind College Auditorium. The speaker Mr. Jagdish Punjabi, Chartered Accountant dealt with the various aspects of filing of returns of income and amendments applicable for the same. More than 600 persons including students benefited from the expert deliberations and knowledge shared by the speaker

Founding Day Lecture on ‘Discovering our Sweet Spot in Life’ on 7th July, 2014


L to R : Mr. Rajiv Vij (Speaker), Mr. Narayan R. Pasari, Mr. Raman H. Jokhakar, Mr. Nitin P. Shingala (President), Mr. Naushad A. Panjwani, Mr. Mukesh G. Trivedi, Mr. Sunil B. Gabhawalla

The lecture meeting was held at the Walchand Hirachand Hall, IMC. Mr. Rajiv Vij, Internationally acclaimed Life & Executive Coach based at Singapore addressed the Founding Day lecture. He explained on how despite all the success and economic growth there is still an underlying occurrence of unhappiness in one’s life and how we can deal with it and still discover a sweet spot in life. More than 200 members benefited from his talk.

Three books were released on this occasion:
1. G ita for Professionals – Second edition ( English and Gujarati) by Chetan Dalal was released by Mr. Y.P. Trivedi

2. T axation of Fees for Technical Services – a Referencer by Anil D. Doshi & Tarunkumar G. Singhal ; Released by Mr. Narayan K. Varma

3. FA Qs on Accounting Standards by Abhay R. Mehta, Ashutosh A. Pednekar, Atul H. Shah, Chirag H. Doshi, Jayesh M. Gandhi, Manish P. Sampat & Nalin M. Shah ; Released by Mr. Arvind H. Dalal

Direct Tax Provisions of the Finance (No. 2) Bill, 2014 on 14th July, 2014


L to R : Mr. S. E. Dastur (Speaker), Mr. Chetan M. Shah, Mr. Narayan R. Pasari, Mr. Raman H. Jokhakar, Mr. Nitin P. Shingala (President), Mr. Naushad A. Panjwani, Mr. Mukesh G. Trivedi, Mr. Sunil B. Gabhawalla (not in frame)

Mr. S. E. Dastur, Senior Advocate, addressed the annual lecture meeting on Direct Tax Provisions of the Finance (No. 2) Bill, 2014 at Yogi Sabhagrah. Nearly 2500 members packed the auditorium to hear Mr. Dastur and 2028 viewers joined the live Web Cast. All of them benefited from the masterly analysis by the speaker. The viewers were from over 25 cities across the globe including Singapore, Salem, Melbourne, London, Erode, Abu Dhabi, Lagos, Zurich & New Jersey.

Indirect Tax Provisions of the Finance (No. 2) Bill, 2014 on 16th July, 2014

The lecture meeting was held at the Walchand Hirachad Hall, IMC. Ms. Bhavana Doshi, Chartered Accountant and Mr. Vikram Nankani, Advocate addressed the audience on various aspects of Indirect Tax Provisions of the Finance (No. 2) Bill, 2014. More than 300 Members and Students benefited from the expert analysis and knowledge shared by the speakers.


L to R : Mr. Vikaram Nankani (Speaker), Mr. Sunil B. Gabhawalla, Ms. Bhavna G. Doshi (Speaker), Mr. Nitin P. Shingala (President), Mr. Raman H. Jokhakar

Indirect Tax Provisions of the Finance (No. 2) Bill, 2014 on 17th July, 2014

The lecture meeting was held at the Walchand Hirachad Hall, IMC Ms. Bhavana Doshi, Chartered Accountant and Mr. D. B. Engineer, Solicitor and Advocate addressed the audience on various aspects of Indirect Tax Provisions of the Finance Bill, 2014 at this lecture meeting which was held jointly by the Forum of Free Enterprise & Council for Fair Business Practices. The audience included many young Professionals and Senior Members of the CA Fraternity who gained immensely from the analytical insights given by the learned faculties.

Visit to Orphanage on 2nd June, 2014


Mr. Mayur B. Nayak and Ms. Gracy M. Mendes representing BCAS.

Human Resources Committee had organised this visit to Orphanage at Parel. The Orphanage has a total 22 orphans and is managed by 7 staff members. The visitors distributed snacks to the children. They had a walkthrough of the place and were also amazed by the entertainment items presented by the orphans who specially prepared the songs & dances for the Members visiting the orphanage.

Three-Day Residential Refresher Course (RRC) on Companies Act, 2013 from 27th June, 2014 to 29th June, 2014


L to R : Mr. Harish N. Motiwalla, Mr. Manish P. Sampat, Mr. Naushad A. Panjwani (President), Mr. Anil Singhvi (Keynote speaker), Mr. Kanu S. Chokshi


Group photograph of the participants


Mr. Naushad A. Panjwani

The Accounting & Auditing Committee had organised this RRC at Fariyas Resort, Lonavala, with an aim to equip the participants with an in-depth understanding on some of the important provisions of the Companies Act, 2013 along with Rules notified thereunder. The RRC was structured in an innovative manner of building case studies around critical provisions which were analysed in depth by the participants and deftly dealt with by the speakers.


Mr. Harish N. Motiwalla

The course commenced with the inaugural address by the President of BCAS, Mr. Naushad Panjwani. He was happy with the response received to the Course from all over India and was particularly pleased to have a strong participation from the Industry. Later, the Chairman of the Accounting and Auditing Committee Mr. Harish Motiwalla, gave introductory remarks on the design and structure of the course and the purpose of selection of the topics for group discussion as well as presentation. He also acknowledged the presence of the Chief Guest of the RRC Mr. Anil Singhvi. Then there was the lighting of the lamp by all the dignitaries present to commence the course.


Mr. Anil Singhvi

Mr. Anil Singhvi in his keynote address on “Corporate Governance and Independent Directors” shared his experiences as part of the Board of various companies as well from the research work carried out on the functioning of corporate and directors. He was of the opinion that the Companies Act, 2013 is a good piece of legislation and will improve the functioning of the corporate sector.


Mr. Sudhir Soni

After the inaugural session there was a group discussion on first paper of Mr. Sudhir Soni on “Case Studies on Provisions for Related Party Transactions/Loans/Investments.” The case studies were highlighting the provisions to be complied with as well as the contentious issues which arise in implementing the relevant provisions. During the presentation on his paper Mr. Soni aptly dealt with the case studies and also covered the issues raised during the group discussion in a very immaculate manner. The session was chaired by Mr. Kanu Choksi, Co-Chairman, Accounting & Auditing Committee.


Mr. Ashish Ahuja

The last session was a presentation on the topic “Cross Border M&A, Minority Buy-Outs, Exit Options, Rehabilitation, etc” by solicitor and advocate, Mr. Ashish Ahuja. He took the participants through a comparison of the of the provisions of the earlier act and the newly introduced provisions dealing with the protection of investor rights. Mr. Rajesh Muni, past- President of BCAS Chaired this session.


The second day started with a group discussion on the paper    by    Mr.    Nawshir    Mirza    on    “Case    Studies    on    Directors, independent directors, Corporate governance (incl. schedule V – managerial remuneration).” The case studies highlighted the onerous  duties of KMPS and  independent directors while steering the company as well as the role of Board towards various stakeholders. Later,     Mr.     Mirza,     made     a     presentation on his paper and shared his vast experience as a director as well as chairman of various committees of directors, which was of immense value to the participants. Mr. Kishor Karia Past Presidents of BCas chaired this session.

In the evening, there was a presentation on the topic of “audit and accounting (incl. schedule  ii and  iii)” by Mr. Mukund m. Chitale. It was a session that will be remembered by each participant for a long time, as he dealt with the subject with his expertise in such depth that he dealt with the queries of the participants while he was going through the clauses in the act. The session was addressed by him for nearly three hours and was ably chaired by Mr. Arvind H. Dalal, a past-President of the BCAS.

The last day commenced with group discussion on paper by Mr. K. Sairam on the topic “Case studies on acceptance of deposits and CSR.” Mr. K. Sairam had circulated to the participants background material also along with the case studies.  his case studies covered all the     finer     and     contentious     aspects    which require attention as professionals and were debated in depth during the group discussion. He later addressed the  participants in the general assembly along with a presentation on the topic and also dealt with the queries raised by the participants during the group discussion. The session was chaired by the Vice President Mr. Nitin Singhala.

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

Jal Erach dastur Students Annual day on 28th June, 2014 – A Report

The Jal Erach Dastur students annual day is an event that is organised by the Bombay Chartered accountants society (BCas) every year.  This year the event celebrated its 7th anniversary at the navinbhai thakkar auditorium at Vile Parle (east).

This is organised by the student members of BCAS for the CA students. This platform enables CA students to come together and interact with each other.  The event commenced with a short prayer sung by the student committee members followed by the anchors introducing the honorable Chief guest, Dr. Bhaskar das, CEO of the Zee group. The chief guest inaugurated the event with the lamp lighting ceremony and spoke to the CA students at length on the importance of communication in today’s corporate world and answered the queries that the students put forth. He emphasised on the difference between volition and motivation. According to him, volition comes from within, whereas, motivation comes from without and therefore the former is more important in life than the latter. The President of the society, Mr. naushad Panjwani, welcomed students and advised them for the balanced growth in life. The Chairman of the Human Resources Committee, Mr. Mayur Nayak, delivered his address on “dare to dream.”  In his short speech, he emphasised on the need to dream big. Miss Priya  Nangalia introduced  Mr.  Narayan Varma, the Past-President of the BCAS and an ardent supporter of the students’ activities, and showed his message through a video clip as he could not remain present due to his ill health.

Mr. Raj Khona and Mr. Smith Madlani enlightened students about various students’ activities such as study Circle, monsoon treks, sports day, etc. thereafter,  a small skit was performed by students on the theme of “jan andolan”.  Post this,   the “Chandanben manganlal Bhat  elocution Competition” was  held    where    finalists    of the    elimination    round    battled    it    to    win the  coveted trophies. in the tea break, the students feasted   on the delicious  mumbai vada pav along with a cup  of tea/coffee.

The    post    break     session    witnessed     the    most    awaited    quiz round. The four selected teams from the eliminations competed    with    each    other     in    a    very    heated     time-bound    quiz    competition.    The    finalists    were    on     their     toes    while    answering    mind    boggling questions. the audiences also actively participated in     the    quiz.    The     football    scoring    approach    adopted    by     the quizmaster,    Mr.    Aashish    Fafadia    was    an    instant    hit    amongst    the    audience.    The    quiz    was    ably     scored    by    Miss    Dhwani    Shah    and    Mr.    Rajesh    Pabari.    On    completion    of     the    quiz,    a    short      audience round was held by Mr. Harshil mehta and other   students’ Committee members. The audience was in splits with most of them participating very enthusiastically and lifting up the spirits.
 
The much awaited talent round was next on the list. Nineteen     finalists     competed     with     each     other     in     various     fields    like singing, dancing and playing instruments. With the end of this round, the judges of the talent round performed and mesmerised the audience with their singing and   instrumental music.  The winners of the various contests held,  i.e.,    Elocution,    Quiz,    Essay    Writing    Competition    and    the    Talent    Show    were    distributed    prizes    and    certificates    and    were felicitated for their performances.

The entire show was very ably anchored by Mr. Pawan shukla and miss Aneri Merchant. Mr. Raj Khona was felicitated for securing highest number of registrations. Mr. Chintan shah, Mr. Raj Khona and Mr. Smith Madlani’s efforts were recognised for coordinating students’ study circles during the last year. Mr. Samarth Patil proposed the vote of thanks to Mr. Sohrab Erach Dastur for sponsoring the annual day in fond memory of his brother, the late Jal Erach Dastur, the family of the Chandanben manganlal Bhat for sponsoring the elocution Competition and all those who had contributed to making the programme a success. In all, 366 students registered for the annual day. The motto of the event – to gather CA students on a single platform to showcase their talent and their extra-curricular
skills was very well achieved.

65th Annual general Meeting, 7th July 2014,   Walchand  Hirachand Hall,   4Th FlOOR,    Indian    Merchants’    Chamber, Charchgate, Mumbai 400 020

The 65th annual general meeting of the Bombay Chartered accountants’ society was held on monday, 7th july 2014, at  Walchand  hirachand  hall,  4th  floor,  indian  merchants’ Chamber, Churchgate, mumbai.

Mr. Naushad A. Panjwani, President of the society, took the Chair. All items as per the agenda given in the notice were undertaken including adoption of accounts and appointment of the auditors amongst other things.

Mr. Mukesh G. Trivedi, hon. joint secretary, announced the results of the election of the President, the Vice President, two secretaries, the treasurer and eight members of the managing Committee for the year 2014-2015. Mr. Mukesh G. Trivedi announced the names of the following members as elected unopposed for the year 2014-2015. also, the names of co- opted members and ex-officio members were announced. the “Jal Erach Dastur awards” for best feature and best article appearing in BCas journal during 2013-14 was announced. the winners were: Bhavesh dhupelia, shabbir readymadewalla, Vijay mathur for the feature on auditing standards. Ankit V. shah and Tarunkumar singhal for the article on Powers of the tribunal to stay demand beyond 365 days.

The special edition of the journal july, 2014 on “future of india youth’s Perspective” was released at the hands of mr. arvind h. dalal, past-President of the society. the editor, mr.anil j. sathe, announced that this edition has six special articles namely “imagining india from the eyes of young Pro- fessionals”, “Gazing Through the Crystal Ball”, “Reinventing india – a youth Perspective”, “arbitration Law in india – the Way forward”, “my india” … a decade from now …” and “to- wards a healthy india.” the youth of the society who had contributed articles to this edition were felicitated by being given the special edition.

Thereafter, the outgoing and incoming Presidents, mr. nau- shad A. Panjwani & Mr. Nitin P. Shingala respectively, addressed the members.

Outgoing  president Naushad Panjwani’s speech

Incoming President, nitin shingala, all my colleagues on the dais, respected past presidents, seniors and friends.

As i stand before you for one last time as the President of BCAS, i have an option on what i speak for the next ten minutes or so. I can either spend time thanking a lot of people who i should and want to and will. Or i can give advice to the incoming team, which i shouldn’t and i won’t. and even if i did where will they listen to me. did i listen to deepak’s advice? or i could list out all the activities that were carried out by the team in the year gone by, which i don’t want to do. It’s a team achievement and i cannot stake credit or seek accolades.

What i would like  to do is to compliment  the entire  team  of managing committee members,  chairmen,  co-chairmen, convenors, coordinators, core group members, the youth group, Cassem and the other staff of BCAS and shrutika. My special gratitude to the spouses of the core group members for getting involved in many BCAS programs. I request you to help me thank all of them by applauding the splendid work done by the team. having thanked others’ spouses, if i did not thank my own spouse, mere achche din khatam ho jayenge. so thank you afsheen for your support and understanding.

I couldn’t have asked for better office bearers. And as the events of the year transpired, i saw how each one of them stood up to take charge of the challenges on hand. Showing great grit, determination and character.

Nitin, I thank you for being my confidant. Your ever smiling demeanour eased so many pressure situations. you are a Trupt aatma and i pray that you remain so forever. under your leadership BCAS will scale new peaks. They say that you must learn from the foolishness of others and nitin, for that, i am ever at your service.

Raman, your suggestions in crunch situations were like a ray of light or as they say in sanskrit – Rashmi.

Chetan, was ever so cool and he faced everything with so much Sheetalta.

Mukeshbhai, thank you for bringing so much passion and Bhavna in everything you did.

Congratulations to narayan and sunil for joining the A-Team as the new secretaries.

This year, we lost two past-Presidents in Mr. B V dalal and Mr. Navin Kishnadwala. Both have contributed immensely to the society and we will all miss them.

My transition from a practicing CA to a business leader happened when i was the secretary of the society in 2006. I soon realised that the work pressures and timings are so different that I forget being an office bearer, even contributing otherwise is so challenging. That was the reason that i kept shirking this responsibility for some time. as most know, i accepted the challenge to lead BCAS at the behest of narayan Varma and a few others. But once i got into the mindset, the support that i received from all gave me new wings.

Jab aapka hukm mila toh maine tarq mohabbat kar di, Dil magar uss pe woh dhadka ke phir qayamat kar di.

I have thoroughly enjoyed my year as president of BCAS. I have gained a lot in the process. The president’s page received a lot of accolades and i am mighty pleased with that. But writing is something i have always been comfortable with. it is public speaking that i was absolutely paranoid of. So much so that i have goofed up even while reading from a prepared speech. i had to just look at Mr. Kishor Karia in the audience to know when i goofed up and know that i had to correct myself. But being president meant that mumbling or fumbling, i had to keep speaking at all events and slowly i found my fear disappearing.

Being on the dais along with various speakers i had the opportunity to observe their style and preparation. The one speaker who impressed me the most was Mr. N. P. sarda. in one of the talks on accounting standards, for which he spoke non-stop for about two hours and kept the audience spell bound, I was amazed to see that he had no books, no speech, no presentation or even any notes. all he had was a chit of paper with two words written on it. Obviously i was curious. after the talk i took a peek and saw what those words were. Those two words were Naushad Panjwani. That was the only thing he was probably not sure if he would remember correctly.

The theme for this year’s annual report is “time.” Fittingly, so. in the journey of time, the society has grown from strength to strength. the membership has consistently grown. the pro- grams have grown manifold. Every year so many new initia- tives are incubated. the society has kept inventing and reinventing itself constantly. Each President has contributed to this in his own way. To keep up with the needs of the time we have enabled a non-past president to be appointed as a co- chairman of a committee. And I congratulate Nandita Parekh for being the first such co-chairperson.

The youth group was formed this year and, as we have seen, has rejuvenated the core group. i am happy that most committees have now included a lot of youth members. To the youth i would like to say, be bold, be respectful and be effective. have your say. Don’t lose your exuberance. Be sincere but don’t be serious. have fun.

Zindagi Zinda dili ka naam hai Murda dil kya khaak jiya karte hai

Having covered all the important aspects i could end my speech here. But just a few minutes back i proclaimed that i am no longer afraid of public speaking, hence i would like to speak for a few more minutes.

Mandir ki taraf dur se naman kar lun, Ya buth ka aakhri nazaara kar lun, Kuchh der ki mehmaan hai jaati duniya,
Tauba kar lun ya Ek aur gunaah kar lun?

I would like to touch upon two areas which i think are necessary for the society to remain relevant in these times of google and youtube. Knowledge is available there too.

I have viewed our society as a matrix organisation. While on one hand we have our domain expertise like direct tax, indirect tax, international tax, accounts etc., on the other hand, we have the various categories of our membership like the practicing CA, members from industry, the CfOS, members Presidents, seniors and fellow members. it is a great honour to be bestowed with the responsibility of leading the Bombay Chartered accountants’ society, an institution that has a glorious past and strong foundation built through selfless contribution, dedication and perseverance of from Psus, the youth, the senior CA so on and so forth. We have tried to understand the needs of each constituent and attempted to design programs for each. this is the new service level expectation. We must continue to do this and in the years to come we will see the impact of this.

To be relevant we need to be heard in the corridors of power. this year we were fortunate that the union revenue secretary Mr. Rajiv Takru sought us out through Shariq Contractor and we had a great closed door meeting with him. But this is not enough. the society is a non-political voluntary body and makes representations on behalf of the general tax payers without any vested interest of any group or industry. We must reinforce our position as such. We must be visible. We must be effective. We must stop being shy.

Before assuming office, I had sought Rajesh Kapadia’s ad- vice and the only thing he said to me was “BCAS is a very prestigious organisation and the role of the President is a huge responsibility. As the flag bearer conduct yourself with dignity.” As I reflect on the year gone by, I hope I have lived up to his advice.

Tujh ko ruswa na kiya, khud bhi pashemaan na hue, Ummeed hai Ishq ki rasm ko iss tarah nibhaya humne.

As I step down today, I am satisfied and relieved. But the realisation has already sunk in that starting tomorrow I will join the august group of past presidents. The past presidents of BCAS have continued to contribute so much to the society and I am excited by the prospect of doing my bit. And for this I will have more than a year to do so.

Sitaaron se aage jahaan aur bhi hain, Abhi ishq ke imtehaan aur bhi hain,
Gaye din ki tanha tha main anjuman mein, Yahaan ab mere razdaan aur bhi hain.

Incoming President Nitin Shingala’s speech

President  naushad,  my  dear  colleagues  raman,  muke- sh, narayan, sunil, Chetan in absentia, respected Past its founders and successive leaders. i accept this responsibil-
ity with sincerity and promise to work, andto live up to the highest expectations! my team and i are committed to work ceaselessly and tirelessly to the serve interests of the BCas, pursue our vision and endeavour that the society continues to scale new peaks.

It has been a zestful year under Naushad’s leadership with the Society’s flag continuing to fly high. With style, vigour and his trademark innovative approach, naushad put into action several path breaking initiatives such as connecting with the youth brigade, the Cfos and senior chartered accountants, besides maintaining high standards for various regular activi- ties. While facing any crisis, naushad led from the front and pursued win-win solutions. my heartiest compliments to nau- shad for his memorable leadership and an excellent year!

Peter drucker once  said,  ‘a  voluntary  organisation  ex-  ists to bring about a change in individuals and in the soci- ety.’ in today’s fast paced life, a few questions  do arise:  Why volunteer? how does it help me? Well, i found the answer to these pertinent questions in the following quote by swami Vivekananda:

“Ask nothing; want nothing in return. Give what you have to give; it will come back to you – but do not think of that now, it will come back multiplied a thousand fold.”

Friends, I am one of the countless beneficiaries to whom  the BCAS has given back what we gave, multiplied a thou- sand fold.

The  Business  Consultancy  studies  (BCs)  course  during 1998-99 brought me closer to the BCAS. Soon, I was invited to join the Core group in 2000. This BCS programme conceptualised by shri Narayanbhai, Nandita and other seniors, changed the course of many lives including mine.

I have learnt and gained a lot during the last 15 years of being in close association with the BCAS. Seniors have welcomed me with open arms and made me feel a part of this magnificent family. I have gained so many endearing friends. In hindsight, i wish i could have become active in the BCas much earlier. As a member of the Core  group,  one  gets  an  opportunity to observe the seniors closely. I found them very gracious and easily approachable, ever ready to share their knowledge and help the juniors in overcoming their difficulties.

Pradyumnabhai and arvindbhai teach us that the quest for knowledge is a lifelong commitment. At the Company Law rrC held recently, i found arvindbhai and Kishorbhai amongst the participants, ever eager to learn new developments. this made me nervous. I felt I was not learning enough! Narayanbhai teaches us how to be innovative, think big and differently for the larger good and remain forever young. Pradeepbhai shah has been a great emotional support when trupti and i needed the most. he has been helping all of us to keep our hearts and emotions in the right places. my daughter, Parnasi too, is an ardent fan and admirer of Pradeepbhai! Learning from stalwarts such as Pinakinbhai sharpens our understand- ing of core subjects. each stalwart inspires and teaches us, in his own unique manner, the qualities and the abilities that an accomplished professional must cultivate and imbibe.

Consider this modern definition of a Professional in today’s context by subroto Bagchi, a noted management thinker and an entrepreneur. he says, “…to be a Professional takes more than just aptitude. It takes a commitment to doing what’s right, not only for your business, but for the society as a whole.”

My belief in the value system became stronger by observing these stalwarts adhering to the highest standards of ethics and values. the BCAS provides the right environment and impetus through selfless mentoring to chartered accountants to be outstanding professionals.

This mentoring at the BCas is important to members from all backgrounds. Members from small and medium practices get to learn from their seniors and can find support to grow. Members from large global firms get a collaborative and neutral platform to enrich themselves with academic pursuits. members from the industry get the opportunities to spruce up their knowledge and network. the value proposition that the BCAS offers is great. We need to ensure that this message is driven home, louder and clearer, to help spread the benefits widely. I look forward to the membership and Public relations committee led by naushad to pursue this with greater fervour.

While coping with complexities in the ever changing world and the resultant uncertainty, it is helpful to understand the elements that remain constant. nicole Baker, an american researcher  in  the  subject  of  futurology,  stresses  on  three such constants that capture the essence of our social fabric regardless of the time period:

•    the drive to explore;
•    the desire for interpersonal relationships; and
•    the need to make sense of the world around us.

I find the activities of the BCAS encompass each of the above elements and the annual plan for 2014-15, circulated to you, also underscores these elements. The plan focuses on ex- ploring new frontiers of knowledge, developing outstanding professionals, mentoring and fostering relationships, and con- tributing to the nation building. I am happy to outline specific thrust areas for the ensuing year.

•    Laws, Regulations and governance
India is in the process of modernising key corporate and tax laws. We must commend and support the government in this overdue exercise. However, the journey so far has been far from satisfactory with the legislature and the bureaucracy falling short. The experience with the Companies act 2013 and its implementation so far has been very agonising. even the drafts of the direct tax code have been heavily criticised.

While we have very  high  expectations  of  “acche  din”  from our Prime minister, narendra modiji, it must be re- alised that we need to grow beyond complaining and contribute proactively. In the presidential address last month, the new government has committed to participative governance and promised to engage directly with people in policy making and administration.

our Vision statement states that the BCas shall be the catalyst for bringing out better and more effective government policies and laws and clean and efficient administration and governance. It is thus important for us to step up the efforts. My team and I look forward to working with the Chairmen of various committees to ensure that we continue to make effective representations so and that our voice is heard.

a separate committee, ‘Corporate and securities Laws’ has been set up to focus on this area of growing importance.

•    Practice Management
The  accounting  industry  presents  a  fragmented  scenario where small and medium firms constitute a large number of practitioners. Low entry barriers, low switching costs for clients and high exit barriers are the main reasons for the fragmented nature of our profession. this can be countered by helping small and medium sized firms to network and grow and adapt to the best practices. the infotech and 4i committee has been conducting annual power summits for this purpose. My team and i look forward to the committee to build further and take up new initiatives in this area, including contributing to a regular column on this subject in the BCA journal.

•    CFOs and Corporate Members
The role of Chartered accountants in the industry has been expanding into leadership. It is therefore important to build further on our initiative to reach out to and connect with the CFOs in general and various specific industry groups in particular. My team and I look forward to working with various technical committees and the membership and Public relations Committee for specific programmes for this segment.

•    Youth Group
Today’s  youth  are  tomorrow’s  leaders!  I  am  sure  that  the membership and Public relations Committee led by naushad will give further momentum to this very important initiative in the ensuing year. I call upon each one of the youth group members to benefit from this gratuitous mentoring and look forward to them as our future leaders.

•    Students
The  students  are,  after  all,  our  future. The  HR  committee is doing excellent work in this area through innovative programmes. The professors in accountancy are a vital link to the students. many of us have been lecturers in the past. the BCas needs to connect with this community in a structured manner. Another brilliant suggestion has come from nandita that the BCAS should encourage the principals to sponsor their article students for short-term internships at various ngos and at the society itself. This will help the students to widen and deepen their learning and provide a holistic experience. My team and I look forward to working with the hr committee led by mayur and nandita on converting these excellent ideas into actions.

•    Technology
All aspects of our lives, profession included, are being impacted by the ever-changing technology. We must understand and leverage the relevant technology in conjunction with our core competencies, to deliver superior services. The infotech and 4i committee has been doing a lot of work in this area. I request Chairman ameet to ensure that the committee continues to address the growing requirements of the members.

The BCAS itself has been generally proactive in embracing the technology changes. recently, our revered BCA jour- nal embraced an e-avatar. Further, the team is working to build a revamped portal to improve knowledge sharing and connecting with the members. In addition, we will continue to explore various digital mediums such as WebtV to over- come distances in dissemination of knowledge and to extend the reach of our programmes.

•    Staff and office infrastructure
Our annual report carries an important statistic about hours of education the BCas delivers. the annual hours of educa- tion have grown from approx. 25,000 in the year 1993-94 to 38,000 in 2003-04 and in 2013-14, it was little over 132,000, an increase of over 500% in last 20 years. Our staff has been putting in very hard work and we must acknowledge it. At the same time the increasing workload and expectations are re- sulting in gaps in delivery. This requires us to strengthen the team and help them build their capacity through appropriate training. The improvement in office infrastructure, including systems and processes, is a continuous mission and we are committed to pursue excellence in this area.

It’s football time and my friend, Kuntal reminded me that i must refer to this flavour of the season. Courtesy of my son mohak, i am now a part of the growing football fan club in india. Even then, i could not take the accountant out of me. So I looked at how the role of a Captain is defined. The Football association, english football’s governing body, states that as a captain, you have no special status or privileges under the Laws of the game, but you do have a degree of responsibility for the behaviour of your team. I feel the same today, with one advantage. I have many more coaches to guide and support me.

Dhishat, my other good friend, has a different perspective. He says the role of the President is more akin to that of an orchestra Conductor whose primary duties are to unify performers, set the tempo, execute clear preparations and beats, and to listen critically and shape the sound of the ensemble.

Either way, the key leadership lessons from these two examples are:

•    One must surround himself with talent; and
•    One must play the game and play the notes through sheer hard work, discipline and commitment

I must say i have been fortunate to have loads of talent in our Core group. My team and i promise to play with hard work, discipline and commitment to continue building upon our rich heritage and leave a memorable legacy.

Thank you.

Society News

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Workshop on Impact Analysis Under Proposed GST Regime on 12th September 2015

The Indirect Tax Committee of the Society conducted a workshop on 12th September 2015 on “How to assess the impact of proposed GST law” on two major business sectors. Mr. Divyesh Lapsiwala dealt with possible impact on pharmaceutical sector. He explained in a very lucid manner and citing various examples as to how the new concepts in GST are likely to impact business processes and distribution models of pharma companies. Parind Mehta demonstrated before members the likely impact of GST on construction sector by discussing a case study. Participants also discussed various legal issues which may crop up while solving the case study.

The workshop was attended by more than 80 participants including members from industry, each of whom gained around 180 minutes of professional learning experience.

Lecture Meeting – ICDS: Overview and Challenges in Application on 4th September 2015

Mr. Yogesh Thar addressed the august gathering on “ICDS: Overview and Challenges in Application”. The highlights of his talk are summarised below:

ICDS Notified u/s. 145(2) –

ICDS drafted by a Committee constituted in 2010 by the CBDT and not by the Government or the Parliament.

ICDS applies to all assesses without any minimum threshold.

Adjusted income as per ICDS is the starting point for making adjustments under the various provisions of the Act. Can ICDS modify the basis of taxation hitherto upheld by the SC? The Speaker believed ICDS is a delegated legislation and cannot override the statute. ICDS cannot bring to charge any item which is not income as per the provisions of the Act. This is borne out by the Notification which states that if there is anything in the ICDS that is inconsistent with the Act, the Act shall prevail.

A delegated legislation is to be limited by controlling consideration and legislative policy. Section 145(2) does not contain any such policy or parameter or guideline which is another reason ICDS may not pass the test of constitutionality.

ICDS does not apply for MAT computation or for computing turnover/gross receipts for presumptive taxation. ICDS will not affect financial accounts except AS 22 –Accounting for Taxes.

Principle of “prudence” done away with in ICDS. Mark to market expected losses not to be recognised unless allowed specifically by any ICDS.

Principle of “Materiality” not specifically adopted though may be implied from the requirement for “true and fair” (and not “true and correct”) result of accounting policies.

Specific ICDS – discussion
ICDS I – appears to be a legislative misfire. Talks about accounts and accounting policy though ICDS is not for maintaining accounts.

ICDS II – Valuation of Inventories
• Distribution costs to be excluded under AS-2. Though not specifically excluded under ICDS II, there is no difference.

• Inventory not wide enough to cover WIP of service providers.
• Inventory to be valued at Net Realisable Value (NRV) in case of dissolution of firm under ICDS. AS2 is silent on the issue

ICDS VIII – Securities
• Valuation to be category-wise not asset-wise as required by AS-2.

• Section 145A begins with the non-obstante clause and overrides section 145(2) under which ICDS is notified.
• Valuation of goods as per method of accounting regularly followed by the assessee and subject to further adjustments in section 145A

ICDS III – Construction contracts
• Does not apply to real-estate developers
• Retention monies not accrual under AS 7; ICDS III specifically includes the same as income overriding rulings by some High Courts.

2nd Workshop on Impact Analysis Under Proposed GST Regime held on 10th October 2015

The 2nd Series of the Workshop on “How to assess the impact of proposed GST law” was held by the indirect tax committee of society on 10th October 2015. In this workshop the impact of GST on Entertainment and Retail were the topic of discussion. Mr. Nishant Shah explored the impact on Entertainment sector. He compared the existing provisions under various Indirect tax laws applicable to the industry with the probable effects under GST regime. Mr. Kirti Oswal discussed and elaborated the likely impact of GST on Retail sector. He covered the subject with very relevant presentation. Both the sessions were interactive. The workshop was attended by more than 65 participants including members from the industry.

FEMA Study Circle held on 6th October 2015

The Study Circle meeting on “Overview and Issues – External Commercial Borrowing (ECB)” was held on 6th October 2015. The Group Leader was Ms. Mitali Pakle. She took the participants through the basics of the ECB such as Statutory Framework , key concepts. She highlighted certain issues such as, whether LLP/Partnership Firm are eligible to borrow, what software sector means where ECB is now permitted, whether purchase of business on slump-sale basis is permitted end use and many other relevant issues. She explained at length how to calculate ECB Liability Equity Ratio taking various illustrations and also discussed ambiguity in interpreting certain components therein. The meeting generated lot of discussion and it was decided to hold one more meeting on 6th November 2015.

Company Law, Accounting and Auditing Study Circle series on Indian Accounting Standard (IN D-AS)

The second Study Circle meeting as a part of series of meetings on IND-AS was held on 7th October, 2015. The meeting was addressed by Mr. Sanjay Chauhan. He covered discussions on the following IND-ASs:

(I) IAS / IND AS 16 – Property Plant & Equipment;
(II) IAS / IND AS 38 – Intangible Assets; and
(III) IAS / IND AS 40 – Investment Property

Sanjay Chauhan initiated the discussion regarding the scope of above IND-ASs. He briefed the members on the comparison of these IND-ASs with the present Accounting Standards on the subject. He covered all the important elements of these IND-ASs with the practical examples and Case Studies. The meeting was very interactive and level of participation and deliberation was good.

The third Study Circle meeting as a part of series of meetings on IND-AS was held on 15th October, 2015. The meeting was addressed by Mr. Abuali Darukhanawala. He covered the discussion on the following IND-ASs:

(i) IAS/IND AS 17- Leases and
(ii) IAS/IND AS 23- Borrowing Costs

The discussion on IAS/IND AS 17 (Leases) started off by discussing the definition and indicators of Finance and Operating Lease. The speaker further covered accounting treatment with examples and discussed the disclosure requirements under the standard. He also covered special transaction of sale and leasebacks. The session concluded by discussing carve outs in IND AS 17 and its key differences with IAS 17 and AS 19.

The discussion on IND AS 23 (Borrowing Cost) covered scope, meaning and discussion on Qualifying Asset. The speaker further covered recognition, measurement and disclosure requirements of borrowing costs with suitable example. The session concluded with a Q & A round.

Overall, the meeting was fruitful and of value to the participants.

Lecture Meeting – Is Commodities Going to Bring Down Global Economics” held on 21st October, 2015

President Raman Jokhakar welcomed the speaker Mr. Kushal Thaker as an Investment Strategist and Consultant in Commodities Trading. The speaker interlinked commodities with equities and discussed how the same can be used, or was rather essential, to maximise returns unlike the usual financial forecasts that are practised by conventional analysts. He, with the help of his own research team,considered into all the stages of the commodity cycle and its alternatives. From crop surveys to geological mapping gave him an edge in not only predicting the commodities right but also picking up the equities at the right time.

He then went on to define the word ‘to invest’ as, to place money in any commercial venture with inclination to make profits.Commodities are not only linked with Equity Markets but all Equity Stocks have a base with Commodity. If one followed the commodities movement then a person would be able to identify the related company and have a head start in predicting the price movement and invest accordingly. It was necessary that along with Annual Audit Reports and Financials of Companies, subsequent quarterly reports needed to be tabulated and analysed. For better understanding of a Company, in-depth research needed to be done by visiting its website, company visit, analysis of related companies, management integrity, etc. Also the Government policies played an important role in selecting the right commodity/company to invest. He said that there is never a zero sum game. He spoke about being bearish and bullish depending on the research and analysis on various aspects of the commodities.

He gave a detailed analysis on one of the most important commodity-Crude Oil and spoke about the Current value of Crude Oil and expectation of the future value. According to him nearly 30% of the listed equities are either directly or indirectly affected by the crude oil prices. The world was going to be less and less dependent on crude oil with substitutes like gas and lithium attaining prominence.

The audience was bubbling with questions that made the discussion interesting and useful. The speaker answered all questions precisely creating a thirst for more from him. There was demand to arrange a sequel.

Students Study Circle held on 9th October, 2015 on Black Money Law

The Students Forum of the Society organised a study circle on the topic “Black Money Law” on Friday, 9th Octo-ber, 2015 from 6.30 pm at the Society Office.

The study circle was led by student speaker and co-convenor Mr. Viren Doshi under the guidance of an expert on the topic Mr. Hardik Mehta.

The motive of organising this study circle was to make the future Chartered Accountants proactive and aware of fresh piece of legislation. The study circle was well at-tended by 20 students and it was a great learning experience for the student members.

The chairman of the session Mr. Hardik Mehta ignited the students with his deliberate talk and deep knowledge on the subject. The speaker Mr. Viren Doshi covered the topic and gave an insight of the act.

The convenor of the Students Study Circle Mr. Viren Doshi encouraged students to participate actively in the activities of the Students Forum and come forward to lead study circles.

Lecture Meeting – Life at Google, Innovation and Silicon Valley held on 14th October 2015

President Raman Jokhakar, welcomed the speaker Mr. Bradley Horowitz, VP, Google Inc. USA who joined us over a web call through Skype from California. President Raman Jokhakar introduced Mr. Horowitz by sketching his life journey from the time he received a Bachelors in computer science from the University of Michigan in 1989. He pursued his graduate studies at the MIT Media Lab, in the Vision and Modeling Group, under Professor Sandy Pentland and received a Masters in Media Science in 1991. In short, the journey from where he started his graduation to Yahoo then Google and where he is today. After the well-defined welcome, Mr. Horowitz started his conversation of how he started his life at work from Michi-gan in 1989 where he studied and moved on to start his own company. Mr. Horowitz was CTO and a co-founder (with Jeff Bach, Chiao-feShu and Ramesh Jain) of Virage, Inc. He shared his experience on how he started and worked towards building this company. Finally, Virage went public on the NASDAQ in 2000, and was acquired by Autonomy in 2003.

Mr. Horowitz moved to Yahoo in 2004 where he joined as Director of Media Search. Gradually he was promoted to Vice President of Advanced Development, and his team created both Yahoo Research Berkeley and the Brickhouse incubator.

On this journey so far, he shared his experiences and the learning he build on with the people and areas around him. He left Yahoo and joined Google in 2008 as Vice President of product for consumer applications, eventually leading the product management organisations for Gmail, Google Docs, Calendar, Google Talk, Google Voice, Picasa, Orkut and Blogger.

Life at Google, he mentioned, was an experience totally different. He detailed the recruitment process at Google and how the entire appraisal process worked. The immediate superior does not rate the employee however it is decided by a panel of different teams. The immediate superior can only facilitate the process with the employee in submission of the content for the work done. He mentioned about the great food that Google provides to its staff and how the entire culture is an employee motivating one. Further he went to add that this does not mean that they do not face iterations however employee satisfaction plays an important role in the great work that they do.

He shared his experiences on how the Google Search Engine generates high revenues.

In 2011, Mr. Horowitz and Mr.Vic Gundotra conceived of and led the Google+ Project. In March 2015, he became the lead for the Google Photos and Streams products.

Finally the session was left open for questions from the audience. The enthralled audience had lots on mind. As questions came up the entire session became an interactive one. People asked various questions including the failure of Orkut, the number of employee iteration at Google, what if the Google Search Engine did not work as it does today. The audience were eager to know about India and the Google growth in India. What sort of investment will Google do in India and what Indians have in store for them. All were well addressed by the speaker.

Mr. Horowitz also shared his experience and learning as a start-up and the fact that great ideas and great founders together make a good blend for the success of a start-up.

Finally, the session concluded with a formal vote of thanks given by President Raman Jokhakar and a huge round of applause.

International Economic Study Circle, GEO Politics Implication For Indian Economy held on 8th & 12th October 2015

GEOPOLITICS evolved around its two parts, “geo” and “politics.”, “geo” can denote various geographic aspects, such as space, soil, or territory “Politics” generally concerns factors that are related to power, such as foreign policy, international relations, and military strategy. Global Risks arising from the Accelerated Interplay between Geopolitics and Economics.

The relative decline of the West, the process of globalisation, and the emergence of new powers is creating a world with several interconnected poles. In the international arena, the universal values and capabilities of the old powers are competing with emerging economies and their various idiosyncrasies. The process of economic convergence or catching up – whose future is not assured – has up to now relied on the tacit support of the emerging powers for the current system of global governance. These emerging powers believe that the current regime is in their interests, but with regard to free trade, rule of law, or human rights, their support is not guaranteed in the future. Mr. Bill Gross of Janus Capital says that one of the trigger to the looming financial crisis is “Geopolitical risks—too numerous to mention and too sensitive to print”.

The group discussed Geopolitics Risks in various countries and the impact it has on Global Economics. The Group had a very interactive session.

Society News

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Lecture Meeting on Global Services Transformation – Are Indian CA firms insulated? On 21st January 2015


This
lecture meeting was held at the Walchand Hirachand Hall, IMC,
Churchgate, Mumbai. Mr. Milind S. Kothari, Chartered Accountant shared
his insights on various aspects related to Global Services
Transformation and the questions facing Indian CA Firms. He started with
the current scenario based on our Economy, Government initiatives for
the Profession in India comparing it with other countries across the
globe. Challenges faced by the profession were also covered. The
ultimate conclusion was that a step-wise growth plan can lead small
& medium sized firms to a great level. Members present gained
immensely from the knowledge shared by the speaker.

Lecture Meeting on Important Income-tax Decisions of 2014 on 29th January 2015


This
lecture meeting was held at the Walchand Hirachand Hall, IMC,
Churchgate, Mumbai. Mr. Hiro Rai, Advocate covered recent landmark
decisions of the Supreme Court, various High Courts and Tribunals. Apart
from discussing the key inferences from these decisions he also
provided his views on the decisions and its implications for CAs and
other professionals. He covered a wide gamut of issues such as exemption
provisions; prosecution; wealth tax valuation; depreciation; deduction
provisions; parameters for stay applications; Transfer Pricing
applicability and other significant controversies of the past.

Lecture Meeting on Goods and Services tax – Curtain Raiser on 4th February 2015


This
lecture meeting was held at Walchand Hirachand Hall, IMC, Churchgate,
Mumbai. Mr. Satya Poddar, Ph. D. shared his expert knowledge on the
subject of Goods and Service tax. GST being a new tax regime, members
immensely benefitted from this lecture as the speaker covered in depth
the basics of GST, various new concepts under the expected tax regime,
the goals and objectives of the change in GST. How GST impacts all
aspects of business from cash flow, supply chain, pricing, profits and
compliance systems was deliberated upon. He also expressed his view that
taxes should not stand in between the growth. Queries raised by the
members were addressed to their satisfaction. More than 275 Members
present gained immensely from the knowledge shared by the speaker.

Lecture Meeting on “Anger – The Enemy Within” on 13th February 2015

This
lecture meeting was held jointly with The Chamber of Tax Consultants
under the auspices of Amita Memorial Trust at Jai Hind College
Auditorium, Churchgate, Mumbai. Brahmakumari Shivani delivered the talk
on Anger – The Enemy Within. She also taught how anger can be controlled
by just reimagining the scene which one could have created by getting
angry and reacting. According to her one should Say Less, Say Sweet
& Say low and one should make it a motto of life. More than 600
Members present gained immensely from the knowledge shared by the
speaker.

Half Day Workshop on Charitable Trusts on 13th February 2015

BCAS,
jointly with The Chamber of Tax Consultants, organised this workshop at
Jai Hind College, AV Room, Churchgate, Mumbai. The objective of the
workshop was to address various issues under general law and also under
Tax Laws. It has also covered a session on the provisions of the Foreign
Contribution Regulation Act. The following topics were covered at the
Workshop:

Programme on Real Estate Investment Trusts (REITs) & Infrastructure Investment Trusts (InvITs) on 7th February 2015

To
meet the demands of real estate and infrastructure sectors and to
encourage wider investor participation, investment vehicles such as Real
Estate Investment Trusts (REITs) and Infrastructure Investment Trusts
(InvITs) have been evolved. REITs typically offer investors regular
yields coupled with capital appreciation and a liquid method of
investing in real estate. Introduction of a tax framework by MOF is a
step in the right direction.

InvITs would reduce the pressure on
the banking system while also making available fresh equity to finance/
refinance infrastructure projects. Further, they will also assist in
un-locking tied up capital of developers, lowering domestic financial
institutions’ loan exposure and attracting foreign capital.

With
a view to have better understanding of the nuances/ engineering of
these new investment vehicles, the Corporate & Securities Laws
Committee of the Society organised this full day programme at the
Babubhai Chinai Hall, Walchand Hirachand Hall, Indian Merchants’
Chamber, Churchgate, Mumbai 400020, where the following topics were
covered:

Mr.
Nitin Shingala, President of the Society welcomed everyone. Mr. Kanu S.
Chokshi, Chairman of the Corporate & Securities Laws Committee of
the Society briefly introduced the scope of the Programme.

Guest
of Honour, Mr. Sunil Mantri, Chairman & MD, Mantri Realty Ltd.
thereafter shared the industry perspective and expectations on REITs
& InvITs.

Chief Guest, Mr. Ananta Barua, ED, SEBI, gave an overview of the SEBI regulations on the subject and inaugurated the Programme.

The programme was chaired by the eminent personalities mentioned above.

Having
regard to the overwhelming response, 80 participants were accommodated
by the Society for the programme as against the expected 60
participants.

The Programme was coordinated by Ms. Preeti Oza and Mr. Manish Sampat.

Seminar on Permanent Establishment – Critical Aspects on 30th January 2015


International
Taxation Committee of the BCAS organised this seminar at Hotel
Palladium, Lower Parel, Mumbai. Considering the increase in
globalisation, the Concept of Permanent Establishment (PE) has gained
significant importance due to its direct impact on the tax revenues of
the affected countries, both in India and in other countries. The
objective of the workshop was to bring out the importance and the far
reaching implications of the concept of PE and to update members in
practice and working in the industry on the various issues connected
therewith. It is no surprise that litigation on PE issues constitutes
more than 70% of the international tax decisions in the last few years.
The Following Topics were covered at the Seminar:

Introductory Seminar on Fraud Investigation and Forensic Audit on 17th January 2015


Infotech
& 4i Committee of the BCAS organised this seminar at the Walchand
Hirachand Hall, Churchgate, Mumbai. The objective of the seminar was to
open up a new practice area for Chartered Accountants – “Forensic Audit
and Fraud Investigation” which has emerged as one such area that has
received a lot of attention in the past few years. With the Companies
Act 2013 coming into force, there is bound to be an added impetus to
this specialised area which requires training and collaboration with
professionals from diverse fields such as lawyers, computer engineers,
detectives and enforcement specialists. The following topics were
covered at the Seminar:


RTI Workshop on 24th January 2015

The advance RTI workshop held together by PCGT, BCAS and IMC was attended by many RTI activists.the speakers for this workshop were Mr. Shailesh Gandhi (retired Central Information Commissioner) and Mr. Narayan Varma (RTI activist and former president of BCAS). Mr. Gandhi spoke about many personal experiences on RTI when he was the commissioner. he gave an in depth insight as to how the law should be understood to make it favourable to the common man. his knowledge on the topic helped everyone present at the workshop.
Mr. Varma’s experience also made the workshop a memorable one.

Half day event on the launch of publication on Anti-Corruption by Collective Action Project – 6th February 2015 at Mayfair banquets, Mumbai

Collective Action Project’s finale publication titled “Business Case for Anti-corruption in India: Principles, Economics and applications of transparency tools” was launched by Mr. Julio Ribeiro, retd. IPS and Chairman, Public Concern for Governance trust (PCGT) in a half-day event on February 06,   2015   at  Mayfair   Banquets,   Mumbai.  Around thirty representatives from public sector, private sector, academia and civil society were present at the book launch. Mr. Nitin Shingala, BCAS President and Mr. Narayan Varma, an RTI activist and Past President of BCaS, represented BCAS and BCAS foundation in this event.

Mr. Narayan Varma spoke about ways to combat corruption using RTI and shared his experience which benefited the attendees. mr. nitin Shingala, President Bombay Chartered accountants’ Society, was part of the panel discussion titled “Business Case for Anti-corruption in India: Principles, economics and application of transparency tools”.

He said that international conventions in the recent times have disallowed facilitation payment which was acceptable in many developed countries such as  the  uSa.  Post  9/11, G20 nations have started playing an active role to address graft. Talking about the indian legislative scenario, Mr. Shingala said all forms of corruption including money laundering has been adequately addressed in the country’s laws. However, the private sector’s indulgence in corruption is a big concern and legislations to its effect are not in place in india. He said that the private sector corruption needs to be vociferously pushed forward, and for this amending the Prevention of Corruption act (PCA) 1988 is a must.

“Action replay by a legend” – Standard Costing demystified on 6th February, 2015

The Infotech and 4i Committee organised this unique programme, at jai hind College auditorium, Churchgate mumbai where Mr. Narendra P. Sarda, Past President of ICAI, took a crash course of students on Standard Costing. It was a mesmerising event where Mr. Sarda without using any formulae by pure logic explained the fundamentals of Standard Costing and also touched upon marginal Costing. Over 800 students took benefit of this event and many more were turned down as the venue was filled to capacity and many senior members also attended the lecture to revive  old memories. the lecture has been put up on the Web TV (www.bcasonline.tv) and is available freely for the benefit of students.

Society News

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Mega Lecture Meeting by N. P. Sarda on 10th June 2015

The meeting was held at the Jai Hind College Auditorium. The speaker Mr. Narendra P Sarda, Chartered Accountant dealt with the subject in his own inimitable style:

He explained the differences between AS and Ind AS, the issue between Adoption and convergence, Conceptual differences. He dealt between AS & IndAS, Conflict between reliability and relevance. Also, he mentioned that there are many situations which are not addressed in AS but are dealt with in IndAS. He also dealt with certain IFRS issues.

ICAI continued to keep abreast with the changes in IFRS by amending notified IndAS to continuously remain converged. He also stated, that the earlier schedule VI was not in compliance with the IFRS but the revised Section VI was made IFRS compliant

The speaker also elaborated on the concept for consolidation – things keep changing and hence, society’s dynamic concepts of accounting are also changing, to keep pace with society.

Full day Conference on Going Digital on 13th June 2015


A Full day conference was organized by the Infotech & 4i Committee of BCAS. The objective of the conference was to update professional to be with the Digital World of future.

46 participants attended and benefited from the

Workshop. Workshop on Business Etiquettes on 6th June 2015

Human Resources Committee of BCAS organized this workshop where the Faculty Mr. Mihir Sheth dealt with various aspects of business etiquette practices which can help the participants to carry effortlessly while dealing with their counter part from other countries. It is gave insight of different topics of business and social etiquette and also gave chance to actively participate by sharing their own experiences.

Etiquette topics that the workshop included were as follows:
Email etiquette
Mobile phone
Dining
Conducting a teleconference
Business Meeting protocol/Conducting negotiations
Gifts- Give appropriate gifts
Tips
Business practices of different countries
General protocols-Personal Hygiene

80 participants attended the workshop and gained immensely from the knowledge and experience shared by the faculty.

8th Jal Erach Dastur Students Annual Day on 30th May 2015

This is organized by the student members of BCAS for the CA students. This platform enables CA Students to come together and interact with each other and make new friends. It also gives them an opportunity to unwind into an evening of learning, singing, dancing and frolic.

The event commenced with a short prayer sung by Tej Bhatt followed by the anchors introducing the honorable Chief Guest, CA Dilip Desai, Chairman at DH Consultants Pvt. Ltd. along with the President, Chairman and Convenors of the HR Committee. The chief guest inaugurated the event with the lamp lighting ceremony and spoke to the CA Students about key aspects necessary for becoming a successful professionals. He explained that failure is not the end and quoted his own example of his journey from a primary school failure to a Gold Medallist CA. He stressed the importance of ‘excellence in service’ to be the ultimate objective and money should only be an incidental byproduct. President of the Society CA Nitin Shingala and Chairman of the Human Resources Committee CA Mayur Nayak also addressed the students and set the ball rolling. Mr. Narayan Varma, the Past President of BCAS and an ardent supporter of the students’ activities, conveyed his message through a video clip which was shot the earlier day. Mr. Varma could not remain present physically due to his ill health. the end, the judges gave mesmerizing performances gripping the audience with their singing and instruments. The true Maestros! As a gesture of team spirit and bonding towards the society, the entire Human Resource committee including the chair-man, the conveners and the chief coordinators together, sang an enchanting song for the audience.

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

Mr. Raj Khona enlightened students about various students’ activities such as Study Circle, Monsoon Treks, Sports Day, etc. Thereafter, a small skit was performed by students on the theme of “Andh Vishawas”. The skit was a hit and kept the audience roaring with laughter till the end. Post this, “Chandanben Manganlal Bhat Elocution Competition” was held where the finalists of the elimination round battled it out with each other to win the coveted trophies. All the participants delivered their speeches emphatically and gave the judges a tough time to emerge victorious. The elocution competition ended with the start of the tea break where the students feasted on sumptuous samosa pav along with a cup of tea/coffee.

After savouring the hot served snacks and tea, the audience assembled back with amplified enthusiasm, ready and excited for the lucky draw round, this marked the beginning of the post-break session. Also, a special lottery was introduced this year wherein the winners were drawn from the box filled with the feedback forms which acted as a great stimulus for the students as well as the society. The winners of the draw were presented with some of the most amazing books by brilliant authors. However, the audiences’ zeal continued even after the lucky draw as Mr. Nishad Vora and Miss Virti Kothari began with audience quiz filled with fun and entertainment. Audience participation and spirit was overwhelming. The auditorium was filled with laughter, music and applauses.

Immediately after that, the auditorium echoed with the beat of drums and tapping of feet perfectly synced and enjoyed by the entire crowd as the hosts announced the most awaited segment, ‘The Talent Round’. Soon the stage was taken over by young and talented stars showcasing their extra-ordinary talents. In all 20 finalists performed and graced the stage with dancing, singing, playing instruments and mono-acting giving a tough challenge to the judges. All the singers were supported by the live background music fantastically played with the help of various instruments. Huge round of applauses and cheering came from the crowds the entire time. At The Jal Erach Dastur Students Annual Day is an event that is organized by Bombay Chartered Accountant Society (BCAS) every year. This year the event celebrated its 8th anniversary at Navinbhai Thakkar Auditorium at Vile Parle (East).

A hearty congratulation to all the winners and their firms.

Judges for the Various Competitions were as follows:

The entire evening was hosted fabulously by Mr. Mudit Yadav and Miss. Charmi Doshi with their outstanding performances keeping alive the excitement and spirits till the end.

The chairman of the H.R. Committee, CA Mayur Nayak along with the conveners praised the efforts and felicitated each and every student of the core committee for putting up an excellent show in a short span of time. Also, the hard work of all the group leaders of the Study Circle for 2014-15 was recognized. Mr. Raj Khona and Mr. Jigar Shahs’ efforts were acknowledged for coordinating students ‘study circles during the last year.

Mr. Sagar Desai proposed vote of thanks to Mr. Sohrab Erach Dastur for sponsoring the Annual Day in the fond memory of his brother late Jal Erach Dastur, the family of the Chandanben Manganlal Bhatt for sponsoring the Elocution Competition, the chief guest for the evening, the conveners of the Annual Day, CA Anand Kothari and CA Kinjal Bhuta, Judges of various competitions, BCAS Staff, Caterers, Mr. Jayant Shah and other trustees of the Navinbhai Thakkar auditorium, parents and principals of students, guest instrument players, sound technicians, HR Committee members, the students core committee team and all the students for participating in big numbers.

With great pride and delight, we announce that a total number of 450 students registered for the Annual Day, setting an overwhelming benchmark.

Instrumental Category

The overall rotating trophy for ‘The Firm of Series’ went to SGCO & Co.

A hearty congratulation to all the winners and their firms. Judges for the Various Competitions were as follows:
 
A sumptuous dinner was arranged after the event for all those who marked their presence at the annual day. The motto of the event to not only develop and encourage skills and extra-curricular participation but to bring together the entire fraternity was very well achieved. The Jal Erach Dastur Students’ Annual Day provides a single platform to the students for showcasing their talents as well as interacting with each other. All in all, at the end of the 8th Jal Erach Dastur Students’ Annual Day, a feeling of achievement with some splendid memories were taken along by each and every person, rather, it is not the end but a promise for a new beginning !!

Society News

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Lecture Meeting on Companies Act 2013 – Implications on Auditors on 7th May, 2014


L to R : Mr. Natrajh Ramakrishna (Speaker), Mr. Chetan Shah, Mr. Kanu Chokshi, Mr. Manish Sampat

Speaker Mr. Natrajh Ramakrishna, Chartered Accountant, dealt with provisions regarding Auditor, including opportunities, and challenges under the Companies Act, 2013. More than 350 participants attended this lecture meeting. The detailed analysis and presentation was well received. The presentation and video recording of the lecture is available on the website of the society. Interested members may visit www.bcasonline.org & www.bcasonline.tv.


Lecture Meeting on ‘Wellness through a holistic approach of healing the soul, mind and body through optimum Nutrition’ on 19th April, 2014


L to R : Mrs. Trupti Shingala, Mr. Yogesh Mathuria (Speaker), Mr. Naushad Panjawani (President) , Mrs. Afsheen Panjwani.

Speaker Mr. Yogesh Mathuria, Life & Wellness Coach, enlightened the participants on the approach of holistic wellness through one’s soul, mind and body. He placed importance on one’s eating habits and conveyed tthe concept of ‘You are What You Eat.’ The audience found it very enriching and educative. Members may visit www. bcasonline.org & www.bcasonline.tv for the presentation and video recording.

2-Day Orientation Workshop designed for Students and Chartered Accountants on 18th & 19th April 2014


L to R : Mr. Chetan Shah, Mr. Jagdish Punjabi(Speaker), Mr. Mayur Nayak, Ms. Smita Acharya.

The following topics were discussed:

This 2-day orientation workshop was organised by the Human Resources Committee of the BCAS. The objective of the workshop was to give an introductory insight on a variety of topics which may guide students and newly qualified Chartered Accountants. 93 participants attended and benefited from the Workshop.

Workshop on ‘Present the Presenter Within’ on 26th April, 2014

The Human Resources Committee of BCAS organised a workshop (spread over four Saturdays), under the auspices of Amita Memorial Trust, where the Trainer, Mr. Shyam Lata dealt with various aspects of enhancing public speaking, communication and interpersonal skills. These four sessions helped the participants overcome limiting inhibitions. He guided them to develop a compelling desire, not only to express one’s ideas but to do so with conviction and assertion. 27 participants attended the workshop. They immensely benefited from the training.

levitra

Society News

Human Development Study Circle Meeting
on “Introduction to Management Concepts in
Acharya Chanakya’s Arthashastra” held on
24th October, 2016

Human Development Study Circle organised a meeting
on “Introduction to Management Concepts in “Acharya
Chanakya’s Arthashastra” on 24th October, 2016 at
BCAS Conference Hall which was addressed by Mr.
Mahendra Garodia.

Mahendra Garodia is the Author of “Chanakya Business
Sutras” & “What’s Stopping your Growth”. He spoke about
Chanakya Pandit’s Artha Niti. He simplified management
concepts in 4 steps which are called as T.I.M.E. (Think,
Ink, Map and Execute).

Everyone should learn the crux delivered by the Speaker
in these 4 steps along with 14 principles of management
concised in Chanakya Business Sutras.

The talk was well received by all participants and was
followed by question & answer session.

Human Development Study Circle Meeting
on “Ahimsak Lifestyle” held on 8th November,
2016

Human Development Study Circle Meeting on “Ahimsak
Lifestyle” was conducted on 8th November, 2016 at BCAS
Conference Hall where CA. Atul Doshi presented the
various facets of lifestyle in a challenging environment.

The Speaker Mr. Doshi explained through many videos
and picture clips on how Animals need our Love and Care
and how we can be healthy and enjoy our life by adapting
Ahimsak Lifestyle to live in such a manner that we do not
harm other human, any living beings or environment.

“Ahimsa Paramo Dharma” (Non-violence is supreme
religion) is the foundation of humanity. Knowingly or
unknowingly, we consume or use lot of things which
causes harm to other living beings and environment as
well. India, a country of origin of word –‘ahimsa’ is the
highest meat exporter in world. India is also a large
producer & exporter of leather and dairy products which
are supporting slaughter houses. This is worst for both
animals and humans. India has highest numbers of
diabetes patients and facing sever diseases like cancer,
heart attacks and obesity.

As per affidavit filed by Government of India in theSupreme
Court, 68% of milk is adulterated in the country. Thus, the
milk we consume may not be pure.

Veganism is a buzz across globe. Vegan people do not
consume any products which contain animal ingredients.
Globally, people are giving up meat and dairy products for
health and environment reasons and its negative impact.
The presentation created awareness about cruelty free and
healthy living and the videos made the presentation lively.

Full day Seminar on Alternative Fund Raising
Options for Corporates held on 25th November
2016

A Full day Seminar on Alternative Fund Raising Options
for Corporates was held on 25th November 2016 at
Babubhai Chinai Hall, IMC, Jointly by the Corporate &
Allied Laws Committee of BCAS and the Chamber of Tax
Consultants.

CA. Kanu Chokshi, Chairman
of Corporate & Allied Laws
Committee of the Society
inaugurated the Seminar and was
then joined by the Vice President
CA. Narayan Pasari. Mr. Manish
Gunwani, the Guest Speaker
spoke about his analysis on Macro
economic Outlook and impact
of Demonetisation on various
financial markets.

The other speakers at the seminar
were:

CA. Abizer Diwanji who took participants through current scenario of Bank credit in
India. He dwelt on various types of financing prevailing
in India which can be used by corporates for various
purposes like Acquisitions, Infrastructure as well as
restructuring of assets.

Mr. Bhavesh Shah explained
the role of Private Equity and
advantages and disadvantages in
PE funding. He also touched upon
the process and documentation of
PE funding, global scenario of PE
funding and challenges faced by
PE industry.

Mr. Shameek Ray talked about
bond and debenture markets and
the current situation of efflux for
fixed income securities with the
declining interest rates in India.
He also dwelt upon the need for
dynamic and liquid bond markets.
Mr. N. S. Venkatesh explained the
overall impact of Demonetisation
on the Indian Economy in general
and the Banking & Financial sector
in specific. He also explained the
various instruments and options for
raising funds in foreign currency.
He touched upon the advantages
and disadvantages of various
options and also emphasised the
importance of hedging contracts
as safeguard to currency fluctuation with various real life
case studies.

The queries of the participants were answered by the
speakers and the seminar was very well received by the
delegates.

Lecture Meeting on Prevention of Money
Laundering Act (PMLA) and its implication on
Assurance and Advisory services provided
by Chartered Accountants held on 29th
November 2016

BCAS, Jointly with Corporate & Allied Laws Committee,
organised a lecture meeting on Prevention of Money
Laundering Act (PMLA) and its implication on Assurance
and Advisory services provided by Chartered Accountants,
on 29th November 2016 at BCAS Conference Hall.
CA. Chetan Shah, President BCAS welcomed the
participants and set the tone for the meeting by
highlighting the relevance of the topic in the current
regulatory perspective.

The Speaker – Mr. Satyabrata
Kumar (IRS), Joint Director –
Enforcement Directorate (Western
Region), explained the important
provisions of Prevention of Money
Laundering Act. He explained the
concept of money laundering and
modus operandi used to launder
the money viz, layering, placement and integration. The
Speaker dealt with the investigation process generally
adopted by investigating agency while investigating the
offence of money laundering.

He also shared his experience about the cases where
Chartered Accountants were prosecuted for offence
relating to money laundering and also the safeguards to
be adopted by Chartered Accountants while rendering the
assurance and consultancy services to their clients.

The speaker shared various case studies and satisfactorily
replied to the queries raised by the participants. There was
an overwhelming response to the meeting both through
personal attendance as well as online viewership.

Study Circle Meeting on Ind-AS held on 30th
November 2016.

The third Meeting of the Company Law, Accounting
& Auditing Study Circle on Ind AS was held on 30th
November 2016 at the BCAS Conference Hall.

CA. Kishor Parikh led the discussion on the topic Ind AS
12 – Taxes on Income. He covered the major issues of
the accounting standard like recognition of current tax
assets and liabilities, recognition of deferred tax assets
and liabilities with particular reference to taxable and
deductible temporary differences, unused tax losses
and unused tax credits, measurement, presentation and
disclosure. He also covered the various types of events
and transactions that normally give rise to deferred tax
adjustments with regard to business combinations that are
accounted for acquisitions such as fair value adjustments,
tax deductible goodwill, etc.

He explained the key differences between Ind AS and
Indian GAAP and then ended the session with multiple choice questions and case studies which were discussed
and solved by the participants.

Study Circle Meeting on “Draft GST Rules”
held on 3rd December, 2016

The Suburban Study Circle jointly with Indirect Tax Laws
Study Circle organised the Study Circle Meeting on “Draft
GST Rules” on 3rd December, 2016 at Directiplex, Andheri
(E).

The group leader CA. Darshan Ranavat explained the
Draft GST Rules in regard to Registration and Returns.
The group leader discussed the flow of migration of
existing assesses and rules for fresh registration. He
further explained the types of returns, flow of generic
returns and pre-requisites for filing the returns. The
speaker also informed the group about the rules for
Refunds and Invoices.

CA. Samir Kapadia, Chairman of the Meeting provided
his insights and analysis of the draft rules. He also
deliberated on the issues that could arise out of the draft
rules and difficulties faced by assessees in migration from
existing registrations.

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

Interactive Lecture meeting on “Issues
and Impact of Demonetisation” held on 5th
December 2016 at Santokba Hall, Near N. M.
College, Vile Parle (West), Mumbai

After the great viewership of Expert Chat session on
“Issues and Impact of Demonetisation”, the students
of NM College enthusiastically approached the BCAS
for conducting a similar session with them. The BCAS
interactive lecture meeting was held on 5th December 2016
at Santokba Hall which was fully packed by around 200
students of the college. The students of the Finance and
Investment Cell of N. M. College welcomed the President,
Vice President and the Speakers for the meeting CA.
T. P. Ostwal and CA. Ameet Patel. The session started
with opening remarks by President Chetan Shah informing
the students about the BCAS and educating them on the
benefits what they can gain from the Society. This was
followed by session by CA. Ameet Patel who touched
upon the various aspects of Demonetisation, its benefits
to the society, the tax implications and the importance
of digitization involved in the process. This was further
followed by session of CA. T. P. Ostwal who expressed his
thoughts on the various issues faced by the common man
on demonetisation. He touched upon the global impact of
Demonetisation and how the Modi government is bringing
about simple and good tax administration.

The students heard them with great enthusiasm which
was followed by a series of overwhelming and intelligent
Q&A session. The students attending posed various
questions to which both the speakers responded with
great in-depth detailing.

Study Circle Meeting on “Income-tax
implications due to Demonetization of High
Denomination Currency Notes” held on 6th
December 2016.

The captioned meeting by Direct Tax Study Circle was
held at BCAS Conference hall where the Chairperson
CA. Gautam Nayak gave his introductory remarks and
explained as to how the Government has planned and
brought out amendments in the income tax laws pre
and post demonetisation scheme. He pointed out the
important amendments in the penalty provisions.

The group leader, CA. Darshana Deshmukh, gave an
overview of the provisions of Second Amendment Bill
2016 which consist of amendments in sections 115EE,
271AAB, 271AAC and insertion of new Chapter IXA
‘Pradhan Mantri Garib Kalyan Yojana 2016’. She then
moved onto case studies whereby the group discussed
the possible tax implications in case of various scenarios
such as cash deposits in the bank accounts, holding of
jewellery, disclosure of income in the income tax return,
search proceedings, agricultural income, household
savings and charitable trusts. Attention was drawn to few
old case laws which have dealt with issues relating to
demonetization of the currency notes. The meeting was
interactive and the participants benefitted a lot.

FEMA Study Circle Meeting held on 8th
December 2016

The second FEMA Study Circle Meeting was held on 8th
December, 2016 at BCAS Conference Hall on the topic
of “Foreign Direct Investment in India” where CA. Rutvik
Sanghvi & CA. Naziya Siddiqui led the discussion. The
session was chaired by CA. Naresh Ajwani.

The Group Leaders discussed FDI in Single Brand Retail
Trade (SBRT) & e-commerce. In SBRT, various topics such as ownership of brand, E-commerce, sourcing
norms, exemption from the sourcing norms, Indian
branded products, FDI in Multi Brand Retail Trade were
discussed. The Group Leaders deliberated on market
place model of E-commerce and business model of an
existing e-commerce player in India. They also discussed
about the provisions related to transfer of shares and the
valuation methods. Chairman CA. Naresh Ajwani shared
his experience on various issues and that was a valuable
takeaway for the participants who benefited from his rich
experience on the subject.

Lecture Meeting on “Cyber Crime, Cyber
Security and Cyber Laws” held on 9th December
2016 Jointly with Corporate & Allied Laws
Committee

BCAS organised a Lecture Meeting on Cyber Crime,
Cyber Security and Cyber Laws on 9th December 2016
at BCAS Conference Hall, Jointly with Corporate & Allied
Laws Committee.

CA. Narayan Pasari, Vice-President, BCAS welcomed
the participants and set the tone for the meeting by
highlighting the relevance of the topic in the current
perspective, post demonetisation, where the masses
shall encounter quantum jump in digital transactions.

The Speaker – CA. Sachin Patil
(IPS), Deputy Commissioner
of Police, Cyber Crime Branch
(EOW) – Mumbai Police explained
the concept of cyber frauds and
explained various kinds of cyber
frauds like Credit Card Frauds,
Email Spoofing, Nigerian Lottery
fraud, fake profile, matrimonial frauds, cyber terrorism
etc. The speaker gave live demonstrations of recorded
mobile phone conversations of some credit card and
internet banking frauds.

He shared some useful tips and safeguards to prevent
online frauds, Dos and Don’ts for young citizens while
sharing personal information on social medial like
facebook, precaution to increase the safety of personal
computers, Wifi, routers etc. He explained the modus
operandi for frauds relating to stealing of personal
information stored on mobile phones (Smart Phones) and
tips to increase Mobile Security.

He also deliberated upon various types of cyber crimes and
prosecution provisions enumerated under the Information
Technology Act and the Indian Penal Code respectively.
The Speaker dealt with the investigation process for
investigating cybercrimes and various hindrances/
limitations faced by law enforcement agencies due to
inherent limitation of cyber space.

Through various case studies, he shared his experience
about precautions to be taken by a Chartered Accountant
(CA) to protect and safeguard the client’s data especially
in view of the recent cases of ransomware used by cyber
criminals to extract money from CA.

The meeting received an encouraging response from the
participants who found the lecture useful as to how to
avoid such cyber-criminal elements.

Report on Full Day Seminar on GST at Kolkata
on 10th December 2016.

It is said that GST will be a game changing reform for
Indian economy by developing a common Indian market
and reducing the cascading effect of tax on the cost of
goods and services. It will impact the Tax Structure, Tax
Incidence, Tax Computation, Tax Payment, Compliance,
Credit Utilization and Reporting leading to a complete
overhaul of the current indirect tax system. GST will
have a far reaching impact on almost all aspects of the
business operations in the country, for instance, pricing
of products and services; supply chain optimization; IT,
accounting and tax compliance systems.

Having acknowledged the significance of GST, your
Society, under its initiative to expand its horizons and
reach out to professional members across the country,
extended support through its Indirect Tax Committee
to DTPA Chartered Accountants Study Circle – EIRC,
Kolkata in organizing a full day seminar on Goods and
Service Tax at Kolkata on 10th December 2016.

The session was inaugurated by
Chief Commissioner of Service
Tax, Kolkata, Mr. S. K. Panda,
who in his opening remarks gave
brief overview about compliances
under registration and significance
of anti-profiteering clause. The
President of the Society, CA.
Chetan Shah gave a homely welcome to all the participants
and shared with them various initiatives that BCAS has
taken up and would be taking up in law making process and in spreading awareness about
GST. Chairman of Indirect Tax
Committee of the Society, CA.
Govind Goyal along with CA. Sunil
Gabhawalla, CA. Mandar Telang
and CA. Udayan Choksi acted as a
faculty for four technical sessions
in the said seminar and addressed
more than 350 participants. Vice
President of the Society, CA. Narayan Pasari in his
address covered various activities undertaken by BCAS
in general and appealed to members to strengthen BCAS
initiatives by becoming a part of it.

During the technical sessions,
CA. Sunil Gabhawalla explained
to the participants, the framework
of GST and concept of supply.
CA. Mandar Telang dealt with
provisions relating to time and
value of supply and Input Tax
Credit. CA. Udayan Choksi took
up various case-studies and
examples and elaborated the
provisions governing Imports/
Exports/Inter-State transactions
and Place of Supply of Goods
and Services. CA. Govind Goyal
enlightened the members about
the procedural aspects dealing
with registration, payment, filing of
returns and also various critical issues which the industry
as well as tax practitioners would have to face.

The program was attended 400 members from Kolkata
and adjoining areas.

ITF Study Circle held on 13th December, 2016

International Taxation Committee of BCAS conducted
its ITF Study Circle meeting on 13th December, 2016 at
BCAS Conference Hall. The study group discussed the
charge and scope sections under the Income-tax Act. CA.
Bhaumik Goda gave an overview of the provisions and
then dealt with some case studies on salaries received in
India for services rendered outside India, deemed transfer
provisions, inadequate consideration through gifting
of shares by non-residents and presumptive taxation
under section 44BB. The interactive session brought out
several issues and nuances in the law and case law on
the subject.

Seminar on “Estate Planning, Wills & Family
Settlement” held on 14th December 2016

A Seminar was organised by our Corporate & Allied Laws
Committee at BCAS Conference Hall to throw light on
importance of Estate Planning, Wills & Family Settlement
and to create awareness about some of the critical
aspects thereof.

CA. Chetan Shah, President of the Society welcomed
the delegates and CA. Kanu S. Chokshi, Chairman of
the Corporate & Allied Laws Committee introduced the
subject. The Seminar was inaugurated by the speaker of
the first session CA. Dileep Choksi.

CA. Dileep Choksi inter alia highlighted the emerging
need for Estate Planning & Family settlement / Family
Arrangements (Through Trust / Companies).

Dr. Anup Shah took the members
through intricacies of Wills,
including Hindu Succession
Law, Indian Succession Law,
various types of trusts etc. He
also touched upon the relevant
provisions of Special Marriage
Act, Adoption and Succession law
in other religions such as Muslims
/ Christians / Parsis etc.

Mr. Mahesh Shah, Solicitor,
enlightened the participants on
the clause-wise drafting of Will as
well as stamp duty, registration &
documentation aspects. He also
explained the intricacies of family
arrangements / family settlements
relating to properties held in joint family or joint business and related documentation
aspects.

CA. Yogesh Thar dealt with the
taxation issues in estate planning
/ Family Settlements / Family
Arrangements / Wills / Private
Family Trusts etc., Taxation of HUF
/ Partitions etc., Filing of returns of
deceased, Returns of Executors of
Estate.

The speakers responded to the queries of the participants.
The Seminar received an overwhelming response.

Study Circle Meeting on Ind-AS held on 14th
December 2016.

The fourth Meeting of the Company Law, Accounting
& Auditing Study Circle on Ind AS was held on 14th
December 2016 at the BCAS Conference Hall.

The discussion on Ind AS 9 – Revenue Recognition
and Ind AS 7 – Construction Contracts was led by
CA. Sachin Khopde. In the first part of the meeting he
covered key definitions, timing of revenue recognition
and measurement of revenue with respect to sale of
goods and rendering of services. He also explained some
important concepts like Agency Agreements, Gross v/s
Net Reporting, Multiple Element Transactions and Barter
Transactions.

In the second part of the meeting, he covered various
industry specific issues with regard to Service Concession
Agreements, Real Estate Transactions and also shared
insights as to how certain E-commerce companies and
Telecom companies recognise sales and revenue. The
discussion during the meeting was very interactive.

Human Development Study Circle Meeting on
‘Introduction into the World of Handwriting
and Signature Analysis” held on 15th
December, 2016.

HRD Study Circle organized a meeting on ‘Introduction
into the World of Handwriting and Signature Analysis” on
15th December, 2016 at BCAS Conference Hall.

The discussion was led by Mr. Navin Thantri (Graphologist)
Mr. Navin is a Professional Consultant and Trainer in the
field of Graphology, Numerology, Vaastu and many such
allied alternative sciences having close to 10 years of
experience.

He discussed about the scope and utility of the subject
for CAs and their Families i.e. Recruitment, Professional
Success and Health amongst others. He also explained
about the relevance and importance of the signature of a
person and emphasised as to what the signature reveals
about a person signing.

The participants expressed a desire for such workshops
and presentations in future.

Lecture Meeting on “Crude Diplomacy and
Global Economy and Q & A” held on 21st
December, 2016

A Lecture Meeting on “Crude Diplomacy and Global
Economy and Q & A” was held on 21st December, 2016
at BCAS Conference Hall which was addressed by the
Speaker Mr. Kushal Thaker, an Investment Strategist
and Consultant.

President Chetan Shah welcomed the speaker.

Mr. Thaker made a straight forward analysis on crude oil,
its products, uses, strategies in pricing, costs, production,
technology, financials, hedging tendencies, issues which
affect the economy. He made an in-depth study of many
countries in this regard and shared his research and
statistical analysis. He also touched upon some vital data
that can enable right speculation and investment.

The audience came up with good questions that made the
discussion interesting.

Society News

The “5th Youth Residential Refresher Course”
held from 9thMarch to 11th March 2018 at the
Upper Deck Resort, Lonavala

The 5th YRRC was organized by Bombay Chartered
Accountants’ Society under the Membership and Public
Relations Committee from 9th to 11th March 2018 at the
Upper Deck Resort, Lonavala.

“Are you Future Ready”, the theme of the event was to
prepare the participants for the challenges of the future –
whether that be the fast-changing technology, or technical
aspects relating to the profession or the soft skills. The
participants were grouped in four houses; United People
of Saturn, Neptune Residents, Citizens of Mercury and
Pluto Refugees, competing each other for earning points
for their house to win the Best House trophy.

Enthusiastic to be future ready, all the participants turned
up in their suits and ties, adding the perfect professional
touch at the excellent venue. A perfect blend of learning
through technical as well as non-technical sessions and
educative extracurricular activities, the YRRC provided a
great opportunity to all the participants to polish both, their
knowledge and personality.

Volume II of the “New Youth Times,” the daily news
quotient, kept the participants abreast with the happenings
of the YRRC at all times while also providing a dose of
entertainment.

Covering a wide range, the topics included Blockchain
Technology, Cryptocurrencies, Impact of Blockchain
Technology on Audit, Recent Developments in
International Taxation, Corporate Laws, Indirect Tax as
well as Direct Tax, Walk to the Boardroom and even a
Life Skills Workshop. The speakers shared various insights based on their experiences with the participants.
The youth discussion was a surprise session, where
each group was required to brainstorm and come up
with five ideas that could transform the country, while
also thinking how CAs could contribute. It was very
productive, with some wonderful ideas thrown up by the
future of the profession, evoking appreciation even from
the past president of ICAI Mr. Nilesh Vikamsey. Not to
forget, the chance to earn points did turn the discussions
quite intense.

The content covered and presentations made by all the
Speakers were a class apart, delivering their points and
ideas with great clarity. None of the speakers returned
home without a standing ovation from the enthusiastic
crowd. The illustrious speakers who took up the various
sessions were –

Despite continuous sessions, the participants did not call
it a day and thoroughly enjoyed the post-session games
on day 1, earning brownie points for themselves as well
as the group. The youth quotient was upped with the
impromptu but energetic DJ session at the end of a long
and tiring day 2, followed by an early morning trek the
next day.

An event which was truly “By the Youth, Of the Youth
and For the Youth” concluded with the now enriched and
happy participants bidding farewell until the next YRRC.
Post the event, the advance inquiries for the next YRRC
and the joyous feedback received from the speakers
and their sheer experience of the wonderful novelty
and energy of the event marked a beautiful end to the
5th YRRC.

HRD STUDY CIRCLE

Programme on “Heal without Medicines – A
Family Health Program on Raw Food Cures”
held on 10th March, 2018

Human Development and Technology Initiatives
Committee organized a programme on Heal without
Medicines – A Family Health Program on Raw Food Cures
on 10th March, 2018 at Direct-I=Plex, Andheri addressed
by Mr. Atul Shah, an active propagator of Natural diet. The
theme was “to die young and as late as possible”, i.e.
to live long, live young and always vibrant and bubbling
with energy and reverse the ageing process.”

The Speaker emphasized on How to Have Good Health
without Medicines. He explained how Raw Food Diet can
help Maintain a Natural, Healthy Life Style and how one
feels at ease, calm and cool by eating the right foods.
He further mentioned that little changes in one’s daily
diet can act as medicine and thus make one free from all
diseases and discomforts like joint pain, diabetes, blood
pressure, acidity, migraine, asthma, kidney disease, heart
problems, skin diseases etc.

True to the spirit of the programme, participants were
served the Raw Food Lunch. They appreciated and found
the programme very interesting and close to their heart as
it shared the learnings and lessons of leading a healthy
and active life style.

HRD STUDY CIRCLE

Meeting on “Career Progression for a Finance
Professional” held on 13th March, 2018 at
BCAS Conference Hall

HDTI Committee organized a meeting on the above
subject on 13th March, 2018 at BCAS Conference
Hall which was addressed by Mr. V. Shankar, MD, Rallis
India Ltd.

The Speaker explained that the role of finance
professionals, in value creation for stakeholders, needs
to be properly understood in the backdrop of much
expectations from them by the stakeholders. He further
mentioned that finance function revolves around four
dimensions:

1) Controller’s Role: It is vital for Finance Professional to
monitor and take action to ensure that assets are not only
protected but are put to use efficiently in the organisation.
This encompasses enterprise risk management and
ensures that there is no leakage in value.

2) Governance or Regulatory role: Finance professional
is the conscience keeper to ensure that the enterprise
abides by all regulations and value is preserved and
generated.

3) Business Partner: A professional needs to get involved
in an active value creation and is a part of the process
in driving value delivery. These are the areas around the
customer, operations, M&A, new ventures, innovation,
Digital etc. where contribution to the change will result in
added value generation for the business.

4) Leadership Dimension: This dimension is about
various critical aspects of the business e.g., controls and
risk management etc. In today’s world of stakeholder
activism, communication has become most critical.

Communicating with the external world and social
media in particular has become a critical element of the
finance function.

At the end, the Speaker responded to the queries
raised by the participants and the participants found the
subject very relevant and interesting and learnt a lot from
the session.

“Four Days Orientation Course on Foreign
Exchange Management Act (FEMA)” held on
16th, 17th, 23rd and 24th March, 2018 at BCAS
Conference Hall

International Taxation Committee organized a Four
Days Orientation Course on FEMA at BCAS Conference
Hall on 16th, 17th, 23rd and 24th March 2018 wherein
14 sessions and a Panel Discussion were conducted
by eminent speakers from CA fraternity. A Total of 90
participants enrolled for the Course including from
outside Mumbai.

The learned speakers had an in-depth discussion on the
topics mentioned hereunder:

(1) Understanding FEMA – CA. Mayur Nayak, (2) Current
& Capital Account and Change of Residential Status – CA.
Manoj Shah, (3) Facilities for Non-Resident Indians – CA.
Rutvik Sanghvi, (4) FDI in Real Estate Sector and buying
and selling of Immovable Property in India & Outside India
– CA. Rajesh P. Shah, (5) Export and Import of Goods &
Services – CA. Gaurang Gandhi, (6) Setting up of a Liaison
Office, Branch Office & Project Office in India – CA. Natwar
Thakrar, (7) Overview of FDI – CA. Anil Doshi, (8) Sector
Specific FDI Regulations – CA. Naziya Siddiqui, (9) FDI in
Financial Sectors – CA. Harshal Kamdar, (10) Investment
on non-repatriation basis & FDI in Limited Liability
Partnership – CA. Niki Shah, (11) External Commercial
Borrowing (ECB) and Rupee Denominated Borrowing –
CA. Shabbir Motorwala (12) Setting up a Branch outside
India & Overseas Investment – CA. Paresh P. Shah, (13)
Compounding under FEMA – CA. Naresh Ajwani, (14)
Prevention of Money Laundering Act (PMLA) and FEMA
issues of dealing in Crypto Currency – CA. Dhishat Mehta,
(15) Brain Storming & Panel Discussion – Shri Dilip J.
Thakkar, Shri D. T. Khilnani, CA. Vishal Gada.

At the end, there was a brain storming session where
participants shared their thoughts with great zeal and
enthusiasm. The course was concluded with a Panel
Discussion under the chairmanship of CA. Shri Dilip
Thakkar where the participants exchanged their views
and raised queries which were thoroughly addressed
by panellists. Eminent faculties shared knowledge and
personal experience generously. The Course was very
well received and appreciated by the participants. The
sessions were very interactive and participants were
enlightened with the knowledge imparted by the speakers.

HRD STUDY CIRCLE

“Crash Course on Information Systems
Control and Audit (ISCA) and Law for CA Final
Students” held on 31st March, 2018 and 1st
April, 2018 at BCAS Conference Hall

The Human Development and Technology Initiatives
Committee organized a two-day crash course on
Information Systems Control and Audit (ISCA) and Law for
CA Students appearing in May 2018 final Exams on 31st
March, 2018 and 1st April, 2018 at BCAS Conference Hall.
The purpose of this crash course was to guide students
on ISCA and Law subjects and also cover important
topics and amendments to educate and prepare them for
May 2018 exams.

CA. Narayan Pasari, President BCAS,
in his opening remarks spoke about the
objective behind organising this crash
course. He encouraged the students to
actively participate in the activities of
the Students Forum. CA. Raj Khona,
the Course Co-ordinator introduced the
young faculty CA. Kartik Iyer and addressed the
participating students.

The Speaker excellently covered the important topics
namely Insolvency & Bankruptcy Code, Compromise,
Arrangements & Amalgamations, Overview of important
topics for May 2018 CA Final Exams along with Exam
Day Schedule and the key amendments applicable
thereof. He further gave useful tips to the students on how
to revise the subjects and suggested a model exam day
schedule to follow for achieving better results in Exams.

The feedback from participating students was very
positive and they learnt a lot from the sessions to equip
themselves to succeed in the exams with flying colours.
“8th Intensive Study Course on Advanced

Transfer Pricing” held from 5th to 7th April,
2018 at BCAS Conference Hall

International Taxation Committee organized the 8th
Intensive Study Course on Adv. Transfer Pricing on 5th , 6th
and 7th April, 2018 at BCAS Conference Hall. The course
was aimed at imparting advanced knowledge on the
practical aspects of understanding and implementing the benchmarking study. The sessions began with theoretical
aspect of benchmarking and thereafter deep-dived
into the aspects of identifying the functions performed,
assets utilised and risks assumed by the comparable
companies. It also touched upon the significance of
designing an efficient and effective transfer pricing system
with the importance as to when and how to apply various
transfer pricing adjustments that is defensible before tax
authorities and in court.

The sessions for 3 days
were conducted by Eminent
Faculties namely CA.
Vispi Patel, CA. Bhavesh
Dedhia, CA. Anjul Mota,
CA. Vaishali Mane, CA.
Darpan Mehta, CA. Gaurav
Shah, CA. Paresh Parekh, Ms. Archana Choudhary, Adv.
Sunil Lala and CA. Tushar Hathiramani. The sessions
focused on data mining for fact determination and correct
application of adjustments, wherever applicable. The
topics were explained along with presentations, practical
examples and case studies. Additionally, international
and Indian court rulings were also discussed.

The faculty members generously shared their knowledge and experience with the participants. The Course was
very well received and appreciated by the participants.
The participants were provided hands-on and thoughtprovoking
approach for determining right set of
comparables and for making right economic adjustments
to arrive at arm’s length margin.”

Total 55 participants enrolled for the Course including 10
from outstation.

HRD STUDY CIRCLE

Meeting on “Palmistry, Numerology and Tarot”
held on 10th April, 2018 at BCAS Conference Hall

Human Development and Technology Initiatives
Committee (HDTI Committee) organized a meeting
on Palmistry, Numerology and Tarot addressed by Ms
Vaishali Khemani. She started with the introduction on
Palmistry and importance of lines on palms and hands and
explained that Palmistry is a Beautiful Science. The hand
is a mirror of an Individual’s Personality. “Lakkeeren”.

The lines on the palm or rather on hand speak of the
direction the life can take. It speaks of the characteristics
of the person. She mentioned that the right time to see the
hand is after sunrise and before sunset and that lines in
the hand change every seven years. She also described
the importance of fingers, nails and symbols on hand
followed by finance, money, marriage and career etc. in
life. The different types of lines were explained in detail
and Tarot mechanism was also displayed.

It was overall a very interesting session for the participants
and also imparted awareness of some beautiful truths of
palmistry numerology and tarot. The participants enjoyed
and benefitted a lot from the session.

INDIRECT TAX STUDY CIRCLE

Meeting on “Goods and Services Tax – Clause
by Clause Analysis of E-way Bill Provisions
and related FAQs – Part II” held on 12th April,
2018 at BCAS Conference Hall

In continuation of the meeting on GST-Clause by Clause
Analysis of E-Way Bill Provisions -Part 1 held on 26th
February, 2018, Indirect Taxation Committee conducted
the 2nd part of the meeting on 12th April, 2018 at BCAS
Conference Hall where Group Leaders CA. Samir Kapadia
and CA. Samir Kasvala addressed the participants under
the chairmanship of CA. Janak Vaghani. The Speakers
dealt with the clause by clause analysis of E-Way Bill
Provisions-Part II in detail and responded to the queries
raised by the participants.

The meeting was very interactive and the participants
shared their practical experience and appreciated the indepth
analysis done and explained by the speakers on the
subject. The participants had a good learning experience
from the constructive discussions during the sessions and
benefitted a lot.

Workshop on “Triggers for Leadership
Transformation” held on 14th April, 2018 at
BCAS Conference Hall

Human Development and Technology
Initiatives Committee conducted a One
Day Workshop on “Triggers for Leadership
Transformation” on 14th April, 2018 at BCAS
Conference Hall which was addressed
by a world-renowned and professional
Trainer/Consultant & Leadership Coach,
Mr. Gopal Sehjpal.

The theme of the workshop revolved around, “If you know
what you want to become, then why don’t you become
that!” To explain that, Gopalji (as he is affectionately
known) described what triggers are, how they operate
and why one cannot sense them, etc.

The Speaker very lucidly explained the 20 ineffective habits
that most human beings have and also the 15 delusions
which usually people carry in minds to pressurize them
to think differently due to which they tend to ignore the
triggers that may help to take the leap forward towards
progress and advancement. The presentation overall
covered the concept of Triggers, practical tools and
integrated approach to planning to achieve the personal
goals and improve the lives.

The participants thoroughly enjoyed the program and
learnt a lot about the practical aspects of life.

Society News

FEMA STUDY CIRCLE MEETING

“Analysis of Select Compounding Orders
passed by the RBI – Part II” held on
14th September 2017 at BCAS Conference Hall

FEMA Study Circle Meeting on “Analysis of select
Compounding Orders passed by the RBI – Part II” was
held at BCAS Conference Hall where CA. Harshal Bhuta
& CA. Tanvi Vora led the discussion. The session was
chaired by CA. Rajesh P. Shah.

The Group leaders discussed various Compounding
Orders passed by RBI touching upon contraventions
relating to Outbound Investments involving round tripping
cases, Reporting Contraventions, ODI by Individuals, etc.
This Study Circle Meeting followed the 1st meeting held
on 21st August 2017 which covered cases on Current
Account Transactions, Section 3 Violation and External
Commercial Borrowings. The systematic analysis of these
orders with facts helped the participants to understand
the law and gain insight into how to avoid contravention
of FEMA provisions.

CA. Rajesh P. Shah shared his experience on various
issues and that was a valuable takeaway for the
participants. The participants benefitted a lot and
appreciated the efforts put in by the group leaders.

STUDENTS STUDY CIRCLE MEETING

Meeting on “Returns under GST” held on
16th September 2017 at Directiplex, Andheri

The Students Forum under the auspices of HDTI
Committee of the Society organised a Students’ Study
Circle Meeting on “Returns under Goods & Services Tax
(GST)” at Directiplex, Andheri. The discussion was led by
student speaker Mr. Deepak Pachar under the guidance
of CA. Jigar Shah.

The motive of the study circle meeting was to make the
students aware of the practical intricacies of the monthly
return filing process under GST. The speaker Mr. Deepak
Pachar covered the topic in detail and also demonstrated
‘live’ methodology of filing returns. He resolved all the
queries raised by student members satisfactorily. Overall,
the study circle meeting was a perfect blend of technical
depth and practical insight and proved to be a wonderful
experience for the student members and a platform to
resolve even the smallest of their queries.

The Chairman of the HDTI Committee CA. R.R. Muni
encouraged students to participate in the activities of
the Students Forum and come forward to lead the study
circles. The convenors of the Students Study Circle
Mr. Parth Patani & Mr. Prathamesh Mhatre urged the
student members to stay connected with Students Forum
through social media and send their feedbacks and
suggestions about the study circle.

COMPANY LAW, ACCOUNTING &
AUDITING STUDY CIRCLE

Meeting on “Service Concession Arrangement
(SCA) – Issues and Treatment” held on 22nd
September 2017 at BCAS Conference Hall

The Company Law, Accounting & Auditing Study Circle
meeting was held at BCAS Conference Hall. The Topic
of discussion was ‘Appendix of Ind AS 11 on Service
Concession Arrangement’ with focus on explaining
the concept of SCA & then taking up case studies on
identifying the arrangement which falls under SCA &
once identified, whether it is creating financial asset or
intangible asset.

The group leader CA. Santosh Maller who has extensive
exposure in handling Ind AS & IFRS assignments dealt
with the concept of SCA elaborately and also covered all
the case studies with practical real-life examples. He also
covered the disclosure requirements with examples from
published accounts.

The Study Circle Meeting was well planned and
participants benefitted a lot from the Group Leader.

Tribute Meeting in memory of Past
President Shri Pradeep A. Shah held on
26th September, 2017 at BCAS Conference
Hall jointly with Dharam Bharti Mission and
Chamber of Tax Consultants

BCAS organised a meeting on 26th September 2017 at
BCAS Conference Hall to pay tribute to Shri Pradeepbhai
Shah, Past President of BCAS who passed away on
10th September 2017. This meeting was held jointly with
Dharam Bharti Mission and Chamber of Tax Consultants.

Shri Pradeepbhai Shah was a Chartered Accountant
in practice for more than 6 decades. He was involved
in a number of socially oriented projects with various
organisations and was also instrumental in encouraging
various charitable activities through BCAS Foundation.
The meeting was attended by over 75 members, many of
whom attended with their spouses as their lives in some
aspects were influenced by him. Family members of Shri
Pradeepbhai Shah were also in attendance. The tribute
meeting was anchored by two people who were close to
him, CA. Ameet Patel and CA. Mihir Sheth.

Rich tributes were paid to him by many members,
remembering his unforgettable contribution to BCAS. As
Chairman of Human Resource Committee, he enhanced
leadership skills and helped in developing communication
skills of many members which helped them to become
today’s leaders. President CA. Narayan Pasari
remembered the humility with which he served a good
cause. He also remembered how passionate Pradeepbhai
was about helping the cancer afflicted children even in the
twilight of his life which left a profound impact on BCAS
Foundation to commit donations for the cause.

Most members who paid tributes at the meeting recalled
the multifaceted personality of Shri Pradeepbhai who
was their respected mentor. They remembered his love
for singing, mountain trekking and keenness to make a
difference in someone’s life. They also appreciated his
great sense of humour and smiling face which taught
one of the biggest lessons of life, to create a “win – win”
situation even under most trying circumstances. With deep
sentiments every speaker expressed his/her gratitude for
the way his/her life was touched by the departed soul.

On behalf of his entire family, CA Nandita Parekh,
daughter of Shri Pradeepbhai thanked BCAS / other
organisations and all members for the kind words they
shared at the meeting.

Shri Pradeep Shah lived his life with zeal, zest and
spirit that inspired every member of BCAS who came
in his contact. He believed in giving back to the
society. He gave abundant love to all those who came
in his contact and donated significantly at regular
intervals to the needy. He found joy in wiping tears
of the underprivileged and bringing smile back on
the face of a poor child deprived of hope. Fragrance
of the contribution made by Shri Pradeep Shah will
never fade. May his soul rest in peace.

“Experts Chat – NIFTY – 10,000 and Beyond”
held on 27th September 2017 at RVG
Educational Foundation Hall, Andheri (West)
supported by RVG Education Foundation &
Vile Parle CPE Study Circle of WIRC

An Experts Chat was organised by BCAS supported
by RVG Educational Foundation and Vile Parle CPE
Study Circle of WIRC on 27th September 2017 at RVG
Conference Hall, Andheri West. This was an initiative by
the Society to reach out to the members in the suburban
areas. The subject of the Chat was “NIFTY- 10000
and Beyond”. Experts participating in the chat were
CA. Vijai Mantri, Co-Promoter and Chief Mentor at
Buckfast Financial Advisory and Mr. Deven Choksey,
Managing Director of K. R. Choksey Shares and
Securities with CA. Anil Singhvi, India – Markets Editor
at CNBC TV18 anchoring the programme.

The chat started with a question raised by the Anchor
whether “number” really matters and whether the
NIFTY has reached its peak or there is a further scope
of escalation. Both speakers opined that the “number”
does not matter really because one needs to put that in
perspective of time and fundamentals. Echoing concerns
about investment potential, both speakers mentioned
about some fundamental thoughts as given below.

a) Investor should never attempt to “time” the Sensex.
This would never succeed. A common investor would
be left with panic selling and frantic buying at worst
prices in such attempts.

b) One should not try to invest in stocks on “tips” about
the particular stock. This would certainly leave them
with losses as stock market does not pay on the tips
but on the fundamentals.

c) An individual investor should not venture to invest on
his own unless he makes deep study of the industry
and the strategic perspective of the company from
long term point of view. Hence, investment should be
left to the experts through Mutual Funds or Portfolio
Management Scheme (PMS).

d) No industry is free from uncertainty of disruption which
is presently so frequent due to change of technology,
government regulations and global compliances.
Concept of long term investment in today’s blue chip
companies is irrelevant in current times. That is where
collective wisdom of experts will help to make decision
on entry or exit of the investment.

The audience posed interesting questions to experts
on future of newer technologies like electric car, bitcoin
etc. All the three experts opined in unanimity that while
each technology brings new opportunities, it also brings
new threats which may not be perceived by an individual
investor.

Overall, the Experts Chat turned out to be very enlightening
with interesting insights into investment strategy given by
the experts with their in-depth knowledge and experience.

INTERNATIONAL ECONOMIC STUDY
GROUP MEETING

Meeting on “Taking Stock of Demonetisation
and Economic impact of some Geo Political
hot spots such as India-China, USA-North
Korea” on 28th September, 2017 at BCAS
Conference Hall.

International Economic Study Group of BCAS conducted
the captioned meeting under the mentorship of
CA. Rashmin Sanghvi wherein the following topics were
discussed:

Demonetisation: The Group discussed and analysed
various public announcements made by the Government in
terms of Targets set by the Government and actual results
thereof i.e. Eliminating black money, Fake currency, Terror
funding, and creating a Cashless Society. While RBI has
reported to have received Rs 15.28 trillion or 99 percent
of the specified currency, very small/negligible amount of
fake currency has been identified, which is the primary
source of terror funding. However the Demonetisation
exercise has effectively presented the policy makers with
a data trove of individuals’ financial transactions which
can be leveraged to improve tax compliance. However,
there was definite impact on terror activities, which came
down during the period.

Economic impact of Geo Political hot spots India-
China & USA-North Korea: The Group felt that Geo
political standoff between India-China was ably handled
by the Government, leading China to withdraw from
the spot mainly for the reason that though China has
a powerful military, it will never attack India. China has
disputes with most neighbouring countries and China is
interested in economic dominance & not political or even
military control.

The Group also discussed USA-North Korea standoff
and felt that both the countries have inexperienced new
leadership which has led to war of words through media
and social media. Ultimately USA Establishment will be
able to diplomatically sort this out given the consequences
of nuclear war.

The participants were abundantly benefitted from the rich
experience and knowledge of the group leader.

Lecture Meeting on “ICDS Reporting u/s.
44AB of the Income Tax Act, 1961” held on
5th October 2017 at BCAS Conference Hall

A Lecture Meeting on “ICDS Reporting u/s. 44AB
addressed by CA. Nihar Jambusaria was held at BCAS
Conference Hall. President CA. Narayan Pasari gave the
opening remarks.

In the initial part
of his talk, CA.
J a m b u s a r i a
mentioned about
the representations
which were filed
by various forums
against the
application of ICDS and even scrapping it. He particularly emphasised on
the difficulties that one could face in complying with the
reporting requirements under Form 3CD and the care and
caution required to be exercised while complying with the
same in accordance with the ICDS.

The Speaker also discussed in detail the issues in
complying with the reporting requirements of ICDS on
Valuation of Inventories, Construction Contracts and
Revenue Recognition etc. by giving illustrations under
different scenarios. While discussing the issues, he also
mentioned various landmark decisions which could be
followed in case of conflicting treatment provided under
the ICDS. Issues emanating while conducting tax audit in
compliance with each of the ICDS were highlighted and
the Speaker expressed his views on those issues.

The lecture meeting saw an attendance of over 75
participants and around 400 viewers online. The
participants benefitted a lot from the meeting.

“2 Days Seminar on Transfer Pricing” held
on 6th & 7 th October, 2017 at M. C. Ghia Hall,
Fort, Mumbai

International Taxation Committee of BCAS organised the
2-Day Seminar on 6th and 7th October, 2017 to enable the
participants to prepare for Transfer Pricing compliances
through the practical approach. The objective of the
Seminar was to have a re-look at the provisions and
procedures and to discuss key issues so as to gear up
for the AY 2017-18. Along with basics, the seminar also
focused on advanced issues such as those relating to
special provisions, e.g. Safe Harbour Rules, Advance
Pricing Arrangements, Secondary Adjustments and Thin
Capitalisation Rules.

On Day 1, President CA. Narayan Pasari welcomed
the delegates. CA. Mayur Nayak, Chairman of the
International Taxation Committee, introduced the theme of
the Seminar and emphasised the importance of Transfer
Pricing in the light of recent developments in the arena of
International Taxation.

CA. Namrata Dedhia explained the ‘Scope of International
transaction(s) and Associated Enterprises under the
Income Tax Act, 1961’ with the definition of International
Transaction and Associated Enterprise in depth.

The session was followed by clause by clause analysis
of Form 3CEB by CA. Ankush Mehta and CA. Shraddha
Bathija who took up the topic of
‘Reporting requirement u/s. 92E –
Form 3CEB’. They also covered
the possible penalties of non-filing
and incorrect filing of the form and
documentation. This was followed
by a session on ‘Documentation
including benchmarking analysis
with practical case studies and live
database search and adjustments’ by
CA. Siddharth Banwat, who took the
delegates through a search process
on Ace TP database. Thereafter,
CA. Vaishali Mane covered the
much needed discussion on ‘Recent
development – relevance of CBCR’
which was very well received by the
participants.

On Day 2, the Seminar began with CA. Bhupendra Kothari
covering the topic ‘Safe Harbour Rules – procedures
and compliance’. In his presentation, he covered the
recent amendments on the Safe Harbour Rules and also provided a detailed explanation on the procedures
and compliances thereunder. Further he compared
and contrasted the provisions of Safe Harbour Rules
vis-à-vis Advance Pricing Agreements. It was followed by
an excellent session on ‘Advance Pricing Arrangements
– Procedure and requirements’ by CA. Amod Khare.
He guided the participants with his practical experience
on implementation of Advanced Pricing Arrangements.
CA. Bhavesh Dedhia covered the recent amendments
on ‘Practical case studies on secondary adjustments &
thin-capitalisation’. The case studies made the session
very interactive and interesting. The last session – the
Brains Trust Session was ably led by the Chairman,
CA. Samir Gandhi with the panelists, CA. Darpan Mehta and
CA. Paresh Parekh. The panelists dealt with very
interesting case studies on topics such as impact of Ind-
AS and GST, TP issues in Automation industry, Block
chain technology etc. Finally, the Chairman shared a
comprehensive case study with the participants to apply
their learning over the past two days.

The Seminar was well received by more than 55
participants out of which few travelled from out of
Mumbai. All the speakers answered queries of the
participants in depth which made the seminar lively and
equally interactive. The participants benefitted a lot from
the Seminar.

“Blood Donation Drive” organised on 7th
October, 2017 at BCAS Conference Hall

BCAS continued with its initiatives of connecting with /
contributing to the Society for a non-professional, social
cause. By organising a Blood Donation Drive for the 2nd
consecutive year, BCAS encouraged a sense of ‘Personal
Social Responsibility’ (PSR) amongst its members,
their relatives and friends. BCAS Foundation along with
Membership & Public Relations (MPR) Committee of
BCAS organised a full day Blood Donation and Health
Check-up Camp on 7th October 2017 at BCAS Conference
Hall, in collaboration with Kokilaben Dhirubhai Ambani
Hospital (KDAH), one of the renowned hospitals in
Mumbai, having the sophisticated blood bank facilities
and laboratories.

The event was spread over 4 zones (i) Blood Donation;
(ii) Health check-up other than ECG; (iii) ECG; and (iv)
Knowledge desk for organ donation.

Free routine health check-up covered Blood Pressure,
Diabetes, Bone Density, Thalassemia Test and ECG etc.
Knowledge desk for organ donation at the event created
awareness about the basics of organ donation and many
took pledge for the same

It was a great team effort of 21 volunteers from KDAH,
and others from Yuva Shakti of BCAS and BCAS staff,
who actively extended their support for magnificently
organizing and managing the event.

For Blood Donation, the donors had to follow a step by
step procedure covering various parameters before
actually donating blood. A specialised team of doctors
and supervisors from KDAH was very accurate with
respect to the health and physical conditions of the donor
to ensure that the donor was fit for donating blood and
also completely fit and fine after donating blood.

Awareness and messages were widely spread by
the BCAS team for this Drive. CA. Narayan Pasari,
President of BCAS, and CA. Chetan Shah, Chairman of
MPR Committee led the drive from the front along with
CA. Bhavesh Gandhi, CA. Saket Sanganeria and CA.
Maitri Naik and encouraged and inspired more and more
people to participate especially the youth. BCAS got an
overwhelming and encouraging response for this blood
donation drive, as is evident from the data below:

Blood Donation Count Health Check-up Count
Details Count Details Count
Blood Donated 64 Gone through 127
Rejected 30
Grand Total 94 Grand Total 127

The blood donors were given the Blood Donation
Certificate and a token gift in appreciation of their
participation by KDAH.

It was truly a memorable experience, providing an
opportunity by BCAS, to inculcate / nurture a sense of
PSR amongst members as well as non-members.

SUBURBAN STUDY CIRCLE MEETING

“Important Amendments in Companies Act,
2013 regarding Auditors and Accounts of
Private Limited Companies (SME) and reporting
under CARO” held on 7th October 2017.

The Suburban Study Circle organised its third meeting
of FY 2017-18 at Office of Bathiya & Associates LLP at
Andheri (E). The group leader CA. Abhay Arolkar gave an
insight on various amendments in Companies Act, 2013
covering the following areas in detail:

a) Definitions & Scope – Small & Medium Enterprises

b) Audit Report – Main Audit Report and Report under
CARO, 2016

c) Audit Process – Audit Acceptance, Audit Continuance,
Audit Acceptance/ Continuance Documentation and
Audit planning with detailed discussion on Internal
Control over Financial Reporting

d) Reporting under other laws Micro, Small & Medium
Enterprises Development Act, 2006 ii) FEMA iii)
Specified Bank Notes Reporting.

CA. Abhay Arolkar also shared his personal experience of
conducting audits and highlighted the areas which should
be kept in mind while selecting an Audit Engagement.

Large number of participants benefited from the
presentation and experience shared by the group leader.

DIRECT TAX STUDY CIRCLE MEETING

Meeting on “Taxation of Gifts u/s. 56(2)(x)” held
on 9th October 2017 at BCAS Conference Hall

The Chairman of the session, CA. Ameet Patel gave his
opening remarks. The Group leader, CA. Krutika Fadnis gave
a brief introduction of the taxation of gifts over the years.
Thereafter, the group leader briefly explained the intent of
the Finance Act 2017 for introducing section 56(2)(x) and
explained its salient features. Numerous examples and
case laws were discussed and explained by the Group
Leader. Questions were also taken from the group with
respect to applicability of section 56(2)(x) in case of gift
received from the Government on different occasions.

The group leader also touched upon the consequences of
gift tax in case of family settlement in cash/ kind. Further,
the definition of ‘relative’ was interpreted and taxation
of settlement trust was discussed considering various
judicial precedents.

Subsequently, the group leader briefly explained the
rules for determining ‘fair value’ under Rule 11UA of the
Income-tax Rules, 1962. The interplay of section 56(2)
(x) and 50CA of the Income-tax Act, 1961 was discussed
with illustrations. The session concluded by discussing
four case studies. The participants benefitted a lot from
the Study Circle.

HUMAN DEVELOPMENT STUDY CIRCLE
MEETING

Meeting on “Coping with the Change (Transformation
towards Leadership Behaviour
in the era of Constant Change)” held on
10th October, 2017 at BCAS Conference Hall

HDTI Committee organised the above Study Circle
Meeting at BCAS Conference Hall which was addressed
by Mr. Gopal Sehjpal, a Marshall Goldsmith Certified
Coach and accredited Leadership Coach by ICF (ACC).

Mr. Sehjpal explained that Managing Change is a step
towards transformation which is also one of the theme
of BCAS this year. One must identify triggers. Change is
nature’s challenge. To change or not-to-change is based
on triggers/stimuli which come from outside but decision
to change comes from within. Change is dynamic. For
successful change, individuals are required to have
commitment, co-ordination and competency. He also
quoted Philip B. Crosby, a Quality guru, who said that
quality is free. However, we must make the required
investment to make a positive difference so that we remain
effective and efficient. Participants present benefited from
the rich experience of the Speaker.

Lecture Meeting on “Recent Developments in
Transfer Pricing” by CA. Vispi Patel held on
11th October 2017 at BCAS Conference Hall

BCAS organised a lecture meeting on “Recent
Developments in Transfer Pricing “on 11th October 2017
at BCAS Conference Hall. The meeting was addressed
by CA. Vispi Patel.

At the start of the meeting, BCAS released its latest publication – Indian Reprint of
the “OECD Transfer Pricing
Guidelines for Multinational
Enterprises and Tax
Administrations”- at the hands
of guest speaker of the evening
CA. Vispi Patel. Through this
publication, BCAS aims to provide
the very useful OECD book at a much lower price for the
Indian professionals.

After the release of the publication, the Speaker lucidly
explained the most relevant concepts in the Transfer
Pricing arena. He covered the most fundamental concepts
through some of the most important judicial precedents
and advocated that one must not lose sight of these
concepts while dealing with other matters.

CA. Vispi Patel also gave an outline of the provisions
related to Advance Pricing Arrangements and the recently
amended Safe Harbour Rules. He also dealt with the new
provision of Limitation on Interest Deduction u/s. 94B
with illustrations and provided a real-world perspective of
how the provisions may not be in line with the reality on
ground, with the help of RBI statistics. He also explained
in detail the concept of Secondary Adjustment through
section 92CE and listed several issues that still remain
unresolved. Lastly, he took the audience through the Draft
Rules on Master File and Country-by-Country reporting
which were issued only a few days ago.

Apart from providing clarity on the legal aspects, the
learned speaker also enlightened the members on
the developments in the international tax landscape –
especially BEPS. He also provided a between-the-lines
perspective on these developments and expressed
caution over the Government’s haste in applying the new
BEPS measures.

His lecture was well appreciated and all members left with
a deeper understanding of the subject.

Society News

Study Circle Meeting on Real
Estate Regulation and Development Act (RERA) held on 27th  July, 2017

Suburban Study Circle of BCAS organised a Meeting on RERA on
27th July, 2017 at N. M. College which was addressed by CA. Jayesh
Karia and CA. Vyomesh Pathak.

The Speakers explained the entire framework of RERA, the key
changes, its impact and powers with particular reference to Maharashtra Real
Estate and Development (MahaRERA) Rules and Regulations, keeping in view the
changing trends and environment in the Real Estate Sector. They also emphasised
on the 5 pillars of Real Estate Act such as Financial Discipline, Transparency,
Accountability, Customer Centricity and Compliance to make the Act enforceable
under the provisions of the Law.

The following topics were interalia discussed in
the meeting:

Registration of the project with Issues and
Nuances associated with First Time Registration.


Functions and duties of the
Promoters.


Rights and Duties of Allottees and
Redressal Mechanism for their Grievances


Constitution, Administration,
Functions and Powers of RERA Authority and RERA Tribunal

Penalties
and Offences on Non registration, Non Compliance
with RERA Authority/RERA Tribunal

Role of Chartered Accountants in MahaRERA i. e. issuance of
Certificates by CAs particularly at the time of registration of project and
Statutory Audit Certificate etc. and professional opportunities for CAs
under RERA.

In addition to the above, the Speakers deliberated on the
Miscellaneous Provisions such as Bar of Jurisdiction, power to make Rules &
Regulations  Act to have overriding
effect over other Acts, Repeal of MOFA 2012 etc.

It was an interactive session and participants benefitted a
lot from the meeting.

Technology Initiative Study
Circle Meetings on “Implementation of GST in Tally ERP 9” held on 18th
July and 11th August, 2017 at BCAS

Human Development and Technology Initiatives Committee
organised two Study Circle Meetings on the “Implementation of  GST in Tally ERP 9” on 18th July
and 11th August at BCAS Hall. The Study Circles were led by CA.
Punit Mehta, Director  with Aimtech
Business Solutions Private Limited who has conducted various training and implementation
programs in Tally for professionals at various forums.

CA. Punit Mehta dealt with various aspects of Implementation
of GST in Tally ERP 9 by giving live practical examples and meticulously
covered important features in Tally ERP 9 like activation of GST in current
company, setting up new GST invoices, generation of advance receipts,
accounting for purchases liable for payment of tax under reverse charge
mechanism and generation of GST returns from Tally ERP 9 by giving a
step-by-step live demo with respect to each feature.

The participants were truly enriched and enthralled with the
learned Speaker’s presentation skills and appreciated the in-depth insight
given by him on the subject.

Lecture Meeting on “Learnings
from Implementation of Ind AS – Phase I” held on 2nd August 2017 at
BCAS Hall

A Lecture Meeting on “Learnings from Implementation of Ind AS
– Phase I” was held on 2nd August 2017 which was addressed by CA.
Sudhir Soni & CA. Suresh Yadav. President CA. Narayan Pasari in his opening
remarks briefed about the Ind AS and that the adoption of Ind AS has been the
widely discussed topic across Board Rooms in India for a while & Corporates
have invested significant efforts & resources to ensure compliance with Ind
AS.

Both the speakers shared their experiences & analysis of
what happened during the implementation in the Phase I Companies. They
discussed transition issues where NBFC (presently not allowed for conversion by
RBI) having subsidiary companies (where IndAS conversion is applicable) &
vice versa, because of which they were required to maintain two sets of books
of accounts, existing contracts & its impact on conversion etc. They
also emphasised that IndAS involves a lot of fair value exercises.

  CA. Sudhir Soni    CA. Suresh Yadav

CA. Sudhir Soni explained that in the implementation,
preparation of opening Balance Sheet is very important and it is a one-time
exercise in the life time of the company before conversion to IndAS and its tax
implications on transition date. He also discussed key challenges in restating
Business Combinations. CA. Soni further elaborated the term right to “Control”
which was extensively discussed like participative right, protective right,
wherein a few companies and some of its subsidiaries were treated as joint
ventures too.

CA. Suresh Yadav discussed the impact of Ind AS on the
companies listed on BSE and the various relaxations made by SEBI in the first
year of IndAS implementation. He further explained the first-time adoption
options of Deemed cost of Plant, Property, Equipment & Intangible i.e.
Retrospective Ind AS cost and Fair Value as deemed cost & Previous GAAP
carrying amount and the presentation of fixed asset schedule. He also
deliberated on the impact of net worth of Investments in subsidiaries,
associates & joint ventures in standalone financials where the investment
is to be carried at cost as per IndAS 27 or Deemed cost as per Ind AS101. CA.
Suresh also highlighted that accounting of financial guarantee contracts shall
be carried out in the parent company. Interpretation of Valuing ‘drawn and
withdrawn commitment’ depends on judgement.

The following issues pertaining to implementation of Ind
AS-Phase-1 were also taken up for discussion: 
Under Classification of Debt vs. Equity, two criteria i.e. fixed amount
and fixed no of shares shall be fulfilled.

The rule test on de-recognition of financial assets i.e. Risk
& Reward before Securitization and after Securitization need to be passed.
Impact of Deferred Tax follows Balance sheet approach rather than Income
approach. Recognition of Government Grant of EPCG is done, based on useful life
of assets or on the fulfillment of related export obligation. Extensive
presentation & disclosures are required under Ind AS such as Net worth
Reconciliation, Business Combination and Consolidation, Effective Tax Rate,
Operating Segments and Related Party Transactions etc.

The meeting concluded with a Q&A session on various
issues related to Ind AS. Members benefitted from the detailed analysis of the
subject.

“Seminar on Developments in Audit
Reporting etc. for Audits for 2016-17” held on 3rd August,
2017 at BCAS

A full day Seminar was held on 3rd August, 2017,
covering various components relating to Auditing and Audit Reports like
Accounting Standards (non Ind AS) Revised and made applicable for FY 2016-17,
Additional reporting requirement of Specified Bank Notes on account of
demonetisation, Reporting compliances relating to ICFR, Fraud Reporting and
CARO Reporting. This was followed by FRRB observations on non-compliances in
audited accounts so as to help professionals to improve the quality of their
reporting.

The Chairman of the Accounting and Auditing Committee CA.
Himanshu Kishnadwala gave an insight on the importance of reporting and
Independence of the auditor and shared some insights of PCAOB (US) findings.
Speakers CA. Abhay Mehta, CA. Chirag Doshi, CA. Nikhil Patel and CA. Paresh
Clerk also shared their knowledge and rich experience. Each topic was well
covered and explained to the participants by way of discussions and examples
well designed to understand the nuances of the new amendments in the Accounting
and Auditing Standards and its reporting requirements.

           

  CA. Abhay Mehta       CA. Chirag Doshi       CA. Paresh
Clerk        CA. Nikhil Patel

The Seminar was attended by 80 participants from the
profession, Industry and Practice arena. The Seminar was very interactive and
there were positive feedbacks.

Students Study Circle on “Transition Provisions in the Goods
& Services Tax” held on 4th August, 2017 at BCAS

BCAS Students Forum organised a study circle on the topic
“Transition Provisions in the Goods & Service Tax” on 4th
August, 2017 at BCAS Hall.

The Study Circle was led by student Speaker Mr. Jaydeep Vora
under the guidance of CA. Chirag Mehta who chaired the session. Mr. Vora
covered the topic very well and gave insights into the provisions like carry
forward of credit, migration of existing registrations, and some practical
issues faced by the industry. Thereafter, Mr. Chirag enlightened the students
with his thoughts and deep knowledge on the subject. The programme was
organised on the back drop of the recently implemented Goods and Services Tax,
with the objective to make the students aware of the intricate issues in the
transition provisions under GST.

The convenors of the Students Study Circle Mr. Parth Patani
and Mr. Prathamesh Mhatre encouraged students to participate actively in the
activities of the Students Forum and come forward to lead the study circles.

It was a great learning experience for the student members
and they learned a lot on the subject.

Study Circle Meeting on “GST & Tally.Erp9 – Features,
Setup and Returns” held on 5th August, 2017.

The Suburban Study Circle organised a meeting on “GST &
Tally.Erp9 – Features, Setup and Returns” at the office of Bathiya &
Associates LLP on 5th August, 2017. The group leader CA. Anand
Paurana gave a practical demonstration on Tally.Erp9, about the features, setup
procedures and generating various returns and reports. The following areas were
covered in detail by the Speaker:

a) Activation and Setup of GST in Tally

b) Master Accounts Creation

c) Treatment for Advance Receipts and Adjustments

d) Invoicing

e) Treatment of Purchases from Unregistered
Dealers

f)   Preparation and finalisation of GST returns in
Tally

g)  Reconciliation of tax liabilities

CA. Anand Paurana gave hands on experience and practical tips
of working in Tally for compliances under GST.

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

BEPS Study Circle Meeting on “BEPS Action Plan 7: Preventing
the Artificial Avoidance of Permanent Establishment (PE) Status” held on 05th
August, 2017 at BCAS

The presentation on the captioned subject was made by the
team of CA. Satish Kanodia, CA. Kartik Badiani and CA. Abhishek Bhatharade.
They explained how “Commissionaire Arrangement” is being used for tax abuse. In
the “Commissionaire Arrangement”, the agent does not have to disclose the name
of the principal on whose behalf he is transacting. While in substance it would
amount to a PE, it is not being considered as a PE. A tax heaven entity is used
as principal entity and no permanent establishment is created in source
country. However, now it has been suggested to incorporate Commissionaire
Arrangement in the definition of PE even if contracts are not entered in the
name of enterprise in source country. This situation is more relevant in civil
law countries. In India, this situation does not arise as the agent is required
to disclose the name of the principal. However, in case of Indian residents
having such arrangements, there will be implications.

Further, it was discussed that there are certain exceptions
where some places are not considered as Permanent Establishment. The exceptions
are for maintenance of stock for Storage, Display and Delivery of goods or for
purchase, collecting information, etc. These activities are considered
to be preparatory and auxiliary (insignificant) to attribute any profits.
Hence, these were not considered as PE. However in some cases, such activities
(e.g. delivery of goods by e-commerce companies) are important functions and
not just preparatory and auxiliary. Now, the action plan has suggested that
each of these activities must be by themselves in the nature of preparatory and
auxiliary activity. Only then these will be covered under exceptions of PE.

The action plan also talks about options suggested for tax
abuse being in the nature of fragmentation of activities and splitting up of
contracts to avoid PE status.

The participants benefitted a lot from the meeting.

Lecture Meeting on “Beyond
Profession – Impacting Lives, Shaping Destinies” held on 9th August,
2017 at BCAS

For most of us, ‘success’ is
defined by how we live up to the expectations of the society in material terms.
In the process of this ‘aspiration’, we merely pass through the motions of life
rather than living the purpose of life which should be much more. But, in some
personal brooding moments, a thought strikes: what I have really done so far
for the purpose for which I was chosen to be on this earth?

The meeting was addressed by the Speaker Mr. Dhananjay T.
Desai popularly known as Mr Bharatbhai. Shri Desai is a Chartered Accountant
and during his articleship, he helped other students of CA Course for their
examinations. At a very young age, he loved helping underprivileged, poor and
weaker sections of the society. He has mentored close to 200 NGOs that include
eye hospital, blood bank and school for blind, deaf, dumb and tribal children etc.

He explained the purpose of life that could impact or change
the lives of others. He also shared the glimpses of his life i.e. the journey
from an accomplished Rank Holder Practicing Chartered Accountant to the Social
Service enthusiast dedicated to the Tribals and Downtrodden, Healthcare and
Education. He relentlessly serves the tribal population of Dang near Valsad in
Gujarat, a 100 % tribal area.

 

Mr. Dhananjay T.
Desai

In Healthcare, he has worked for Eyecare, Skincare,
Disabilities, Malnutrition sickle disease and Accidental Injuries etc.,
thereby reaching out to the rural segments (Anganwadis). He emphasised on the
setting up of Social Responsibility Foundations rather than be a Philanthropic.
In the field of education, his focus areas are primary education, teaching life
skills, civic sense, vocational training and sign language for disabled etc.He
cited the example of Mr. Azim Premji of Wipro giving Rs. 5,000 crore through a
Trust for Primary Education. He opined that it is not just the funding, but
being there with the needy to satisfy their needs and ease their pains.

He also advocated that prevention is better than cure and one
must take proactive preventive steps in the area of one’s health.

The participants were mesmerised with his speech and also got
inspired with his social cause initiatives. 

21st “ITF Conference 2017” held from 10th
to 13th August at Conrad, Pune

The International Tax and Finance Conference was conducted
from 10th to 13th August at Conrad, Pune with a robust
attendance of 201 members from around 19 cities across India. The Conference
was top-lined by experts from respective fields who dealt with their subject
matter with in-depth clarity. The 4-day Conference was marked with 6 technical
sessions which included 3 group discussion papers, 1 presentation and 2 panel
discussions. In addition, there were quite a few non-technical but equally
enriching personal development programmes.

The Conference was inaugurated with a keynote address by Shri
Ravi Pandit, Co-founder, Chairman and Group CEO of KPIT Technologies Ltd. who
dealt in a very succinct manner on “Impact of Disruptive Technologies on
Professionals”. Mr. Pandit who is also a CA, made his speech quite impactful
and opened the eyes of the professionals to the future expected ahead on
account of disruptive technology.

CA. Padamchand Khincha dealt on “Permanent Establishment
& Attribution of Profits – Issues & Recent Developments” and the recent
Supreme Court decision in Formula One World Championship Limited with his
characteristic style of dealing with the most tough concepts at a fundamental
level and explaining them in a very enriching manner. The paper provided by him
is a detailed exposition on the subject and has given justice to all important
areas of the topic.

CA. Vishal Gada also provided an exhaustive paper on “General
Anti Avoidance Rules – An Analysis” and dealt with the case studies put forward
by him in the paper in detail. Many new issues were brought out by him and
concepts which are yet to be tested in courts were explained by him thoroughly.

                      

CA. Padamchand Khincha                  CA. Vishal Gada                         CA. Pranav Sayta                         Dr. Waman Parkhi

CA. Pranav Sayta dealt with “Case Studies on International
Taxation” where major issues not covered by the other paper-writers were taken
up by him, including issues related to Place of Effective Management(POEM),
Indirect Transfer provisions, etc. As usual, his analytical skills were
at display when he dissected each issue and provided the participants with
clear and precise answers.

All three paper-writers dealt with the issues highlighted to
them by the group leaders based on discussions that were conducted before their
respective presentations.

Dr. Waman Parkhi’s presentation on “GST on Cross Border
transactions” was well received as it provided the much-required clarity on
several contentious issues.

The first panel discussion was on “Multilateral Instrument
(MLI) – Impact on India” where Mr. Rahul Navin, CIT (TP-1), explained the
biggest change in international tax arena in recent times – the signing of the
Multilateral Instrument by around 68 countries – to stop Base Erosion and
Profit Shifting. Following his elaborate presentation, he was joined by CA. T.
P. Ostwal and CA. Shefali Goradia to discuss several issues that come out of
the MLI. It was an enriching experience to hear the stalwarts from both revenue
and profession on this new topic.

Mr. Rahul Navin graciously agreed to also take up a separate
session on “Exchange of Information” wherein he dealt with the changed paradigm
of information sharing that is now a reality. It was an eye-opener session. He
also fielded several queries from the delegates.

On the last day, there was an illustrious panel which dealt
with “Transfer Pricing – Current Issues”. CAs Rahul Mitra, Rohan Phatarphekar
& Sanjay Tolia formed the panel which was ably chaired by CA. T. P. Ostwal.
All three panellists took up case studies which dealt with the latest and most
important concerns regarding the Transfer Pricing Regulations in India,
including the impact of latest changes which are introduced as a part of the
BEPS Project.

                         

Mr. Rahul Navin             CA. Shefali Goradia            CA. T. P. Ostwal              CA. Rahul Mitra

Apart from these technical sessions, the Conference provided
unique opportunities to the delegates. A 
special Ted-talk session by CA. Rashmin Sanghvi highlighted the “Future
of the CA Profession” and what one should be careful about. This was followed
by a session on “Decode Your Personality through your Handwriting” by Mr.
Milind Rajore which left everyone spell-bound. To top off the evening, Mr.
Mahesh Dube tickled everyone’s funny bone through his stand-up comedy show. The
organisers also conducted team-building games which received enthusiastic
participation from delegates. An industrial visit to the Volkswagen Car Plant
at Chakan also formed part of the Conference where delegates had the first-hand
experience of witnessing cars rolling out from the assembly chain besides
robots carrying out many activities in production.

                       

CA. Sanjay Tolia               CA. Rohan Phatarphekar         CA. Rashmin Sanghvi

The Conference thus achieved its objective of affording the
best of International Tax deliberations and learnings interspersed with useful
non-technical sessions.

The participants benefitted a lot from the sessions taken at
the Conference.

Full Day  “Workshop on NBFC” held on 16th August,
2017

Accounting & Auditing Committee of BCAS conducted a
workshop on NBFC at Hotel Novatel, Juhu, Mumbai on 16th August,
2017. NBFCs play a vital role in the Financial Services sector. In view of the
regulatory norms being notified on a regular basis and other factors such as
changes in Statutory Audit requirements, applicability of Ind-AS and GST,
increased scope of Internal Audit, it was felt imperative to conduct a Workshop
on NBFC.

The Workshop started with the inaugural address by President
CA. Narayan Pasari who provided his view points on the importance of NBFCs in
the overall development of the financial sector in India followed by CA.
Himanshu Kishnadwala, Chairman of the A & A Committee, introducing the
structure of the Workshop.

The Workshop was structured into five sessions which dealt
with important aspects viz. Prudential Norms & Compliances, Internal Audit
Perspective for NBFCs, GST implications for NBFCs, Statutory Audit Aspects
under the Companies Act, 2013 and applicability of Ind-AS and its implications
to NBFCs.

The first session was taken up by CA. B. Renganathan, who
lucidly dealt with the Important Aspects of Prudential Norms & Compliances.
While dealing with the same, he also took participants through the overall
maturing of the NBFC sector over the last three decades and gave valuable
insights on the functioning of the various categories of NBFCs.

The second session was on Internal Audit perspective for
NBFCs which was addressed by CA. Himanshu Vasa. He shared his experience of
internal audit of banks and provided practical insights on how to conduct
internal audits of NBFCs.

                  

CA. B. Renganathan            CA. Himanshu Vasa        CA. Sunil Gabhawalla

The third session was on GST implications for NBFCs addressed
by CA. Sunil Gabhawalla. He explained how GST was going to impact the NBFCs and
the issues and challenges involved.

The fourth session dealing with Statutory Audit aspects under
the Companies Act, 2013 was addressed by CA. Manoj Kumar Vijai. He dealt
elaborately with the unique requirements while conducting audit of NBFCs and
shared his vast experience with the participants.

       

CA. Manoj Kumar Vijai     CA. Rukshad Daruvala

The last session was addressed by CA. Rukshad Daruwala, on
applicability of IndAS and its implications. He dealt with the potential IndAS
impact areas, classification and measurement of financial assets /liabilities,
impairment and shared his experience on the subject.

Overall, the Workshop was an enriching and interactive
experience for the participants.

Lecture Meeting on “Filing of Returns under GST and
Associated IT challenges” held on 17th August, 2017 at BCAS Hall

The meeting was addressed by CA. Rajat Talati.  President CA. Narayan Pasari in his opening
remarks introduced the Speaker and highlighted the vision of BCAS and the four
pillars i.e. Transformation, Yuva Shakti, Digitization and Networking that BCAS
will focus upon for the Annual Plan 2017-18.

CA. Rajat Talati made a detailed presentation on the topic of
Filing of Returns under GST, covering all the returns and guidelines to be
complied while filing the return. He shared about the practical difficulties in
filing Table-12 & 13 of GSTR-1 and also elaborated Table-11 giving
information of advances received and adjusted and the amendments information to
be furnished for earlier months. The topic was diligently covered by the
learned Speaker and he answered the queries raised by the members based on his
practical experience and in depth knowledge of the subject.

CA. Rajat Talati

The Lecture meeting was attended by around 100 participants
and more than 340 viewers joined online through live streaming. The meeting
concluded with a huge round of applause and participants benefitted a lot.

Interactive Session on “Success in
CA Exams” Jointly with RVG held on 19th August 2017 

HDTI Committee jointly with RVG Educational Foundation
organised a motivational and guidance programme titled `Success in CA Exams’
for students pursuing Chartered Accountancy course at RVG Hostel, Andheri. The
eminent speakers CA. Shriniwas Joshi (Past Chairman of WIRC, and a past member
of Examination Committee, ICAI), CA. Nikunj Shah and CA. Mayur Nayak addressed
the students. CA. Lalchand Chaudhary, President of RVG Educational Foundation
was the key note speaker.

L to R – CA. Lalchand Chaudhary (Keynote Speaker), CA. Shriniwas Joshi,
CA. Rajesh Muni, CA. Mukesh Trivedi, and CA. Nikunj Shah

Chairman of HDTI Committee CA. Rajesh Muni welcomed students
and complimented them for choosing a career to be Chartered Accountant. He also
shared information about activities of HDTI Committee for the benefit of
Students Viz. Study Circles, Orientation and Motivational Training Programs and
Students’ Annual Day Programme.

L to R – CA. Shriniwas Joshi (Speaker), CA. Nikunj Shah, CA. Rajesh Muni, CA.
Narayan Pasari (President), CA. Mukesh Trivedi, and CA. Mayur Nayak

In his key note address, CA. Lalchand Chaudhary advised
students to put in their best efforts in studies with thorough practice.
Advising the students, not to fear the failure, he nicely explained the word
FAIL as the ‘first attempt In Learning’ and wished them success in the exams.
He also invited Bombay Chartered Accountants Society to organise many more
educational programs in fully refurbished auditorium of RVG Educational
Foundation premises which has a capacity of 250 participants.

President of BCAS CA. Narayan Pasari shared his views and
emphasised that Technology and Yuva Shakti are two of the thrust areas of BCAS
for the year.  Encouraging all students,
he appealed to them to become student members and avail excellent benefits of
educational and other activities of the society.

In the programme, 5 students (including 3 alumni of RVG
Educational Foundation) were felicitated for their excellent performance in CA
final exams held in May 2017. These were Krishna Gupta (3rd Rank),
Ronak Palod (23rd Rank), Vaibhav Agarwal (27th Rank),
Suyash Jain (31st Rank) and Radhika Agarwal (36th Rank).
Krishna Gupta also shared his views on how he prepared for his remarkable achievement
in the exams.

Student Participants

In this interactive session, the speakers’ views and
presentations were well received. They enlightened the students with the key
factors for success i.e. strong self-belief, planning, time management,
discipline, goal setting, mental and physical strength, writing and
communication skills and positive attitude amongst others. In the concluding
session, participants were given benefit of guided meditation. It was a
beautiful experience for all to calm their minds and improve concentration.

Students benefitted from the rich experience of the learned
speakers.

Full day Seminar on “Tax Audit” held on 19th  August 2017 at BCAS Hall

Taxation Committee organised a full day Seminar on Tax Audit
on 19th August, 2017 at BCAS Hall which was addressed by CA. Raman
Jokhakar, CA. Devendra Jain, CA. Bhadresh Doshi and CA. Ganesh Rajgopalan. The
Seminar was attended by over 100 participants including many from outstation.
President CA. Narayan Pasari gave the opening remarks.

CA. Raman Jokhakar

Following topics were covered by the learned Speakers:

  Overview of Tax Audit Provisions
including applicability in presumptive cases and calculations of limits;
Reporting Requirements; Audit Quality; Documentation in light of ICDS;
obtaining and relying on management representations; reliance on test checks,
Issues in e-filing etc. by CA. 
Raman Jokhakar.

  Reporting in Form 3CD – Certain clauses
and issues arising from them (8, 9, 10, 11, 18, 24, 25, 27, 30, 31, 33, 34, 35,
37, 38, 39, 40, 41) by CA. Devendra Jain.

  Reporting in Form 3CD – Certain clauses
and issues arising from them (15, 16, 19, 20, 21, 22, 23, 28, 29, 32, 36)  by CA. Bhadresh Doshi.

  Reporting in Form 3CD – Certain clauses
and issues arising from them. Clause 12 (presumptive income), 13 (which
includes ICDS), 14 (inventory), 17 (transfer of land building less than value
adopted referred to in section 43CA or 50C), 26 (Sec 43B) and issues arising
with tax audit of companies following Ind AS by CA. Ganesh Rajgopalan.

CA. Raman Jokhakar started the session by giving an overview
of Tax Audit provisions and took the participants through various nuances of
tax audit that an auditor should keep in mind while conducting the tax audit,
especially in light of changes made in the Form 3CD. He also discussed various
precautions to be taken while filling up of ITR-6.

CA. Devendra Jain took the participants through various
clauses of reporting in Form 3CD. He also discussed issues raised by the
participants both from technical as well as practical perspective.

CA. Bhadresh Doshi started his presentation by highlighting
anomalies in the notified Form 3CD and the excel utility of Form 3CD. He also
explained various clauses with judicial precedents and case studies.

                   

   CA. Devendra Jain              CA. Bhadresh Doshi          CA. Ganesh Rajgopalan

CA. Ganesh Rajgopalan gave a detailed presentation on the
various clauses, especially the impact of ICDS on the tax audit and the
challenges thereof. He explained various changes which would take place while
undertaking Tax Audit in post ICDS scenario compared to earlier one. He also
brought out the differences which will be encountered between Ind AS and
ICDS.   

The sessions in the Seminar were highly interactive and the
speakers shared their insights on the allocated subjects and responded to the
queries of the participants.

The participants benefitted immensely with the
detailed analysis of each provision of Form 3CD by the respective speakers.

Society News

CHARTERED ACCOUNTANTS’ PROGRAM IN MANAGEMENT, BUSINESS & ACCOUNTING ORGANIZED BY MPR & HDTI COMMITTEES OF BCAS AT  ISME CAMPUS
To hone the Management, Leadership and Technical skills of Chartered Accountants to achieve growth, whether in practice or in industry, Membership & Public Relations Committee (MPR Committee) and Human Development and Technology Initiatives Committee (HDTI Committee) jointly organized Chartered Accountants’ Program in Management, Business and Accounting (CAMBA) at the ISME Campus, Lower Parel, which is equipped with the latest facilities for a conducive learning environment. The CAMBA Course was designed by BCAS along with the Management Institute of ISME. The 1st batch of the course started in May, 2017 and concluded in December, 2017.
.
With an eligibility criteria of minimum 2 years of post-qualification experience, the first batch saw participation from 16 CAs in practice as well as those working with Big 4s or in the industry. The participants shared their experiences and ideas, problems faced in their respective work environments and best practices employed.
The course, designed to conduct 120 hours of classroom training of which 102 hours were dedicated to various emerging aspects of Entrepreneurship, Management, Human Resources, Strategy, Soft Skills and Marketing was conducted by highly experienced faculty from ISME. The subjects were taken up with a variety of interactive pedagogical techniques including discussing case studies, role playing, movies, model building and team work by learned and experienced faculties like Prof. David Wittenberg, Dr. Amarpreet Singh Ghura, Dr. A. Doris Greenwood, Prof. Anjana Vinod, Dr. Ramkishen Y, Prof.   Omkar    Pandharkame,   Ms.   Anubhuti     Gupta, Mr. Moksh Juneja and CA. Nikhil Srinivas.
The remaining 18 hours of the course included sessions designed by the BCAS team on subjects relevant to the professionals. The speakers and the topics discussed during these well-conceived sessions in the 1st batch are enumerated hereunder:
The participants thoroughly enjoyed their journey of this long course, experiencing a transformation in their perspective towards their profession.
It was indeed a very enlightening experience for the participants who benefitted a lot from the sessions.
“Motivational Talk for Young Chartered Accountants & Felicitation of CA’s cleared in Nov. 2017” held on 19th February, 2018 at BCAS Conference Hall.
The Membership & Public Relations Committee organized a motivational talk for Young Chartered Accountants on the topic of “How to become an Extraordinary Professional?”. The talk was addressed by CA. Mudit Yadav, a TEDx Speaker and Success Coach.
The session began with the opening remarks by CA. Chetan Shah, Chairman, MPR Committee who briefed the audience about BCAS and its initiatives. He also encouraged new CAs to become members of BCAS. Few rank holders of Nov’ 2017 were felicitated and they shared their views on success in CA exams.
The Speaker CA. Mudit took up the following major issues faced by young professionals:
 How to choose the ideal career path for oneself?
  Difference between an average and a star professional.
  Habits of the most extraordinary professionals.
  How to develop the mind-set of a true professional?
  How to develop a sharper executive presence?
  How can you be a pioneer of the future of CA profession?
CA. Mudit Yadav also shared his experiences and the challenges he faced while carving out his career as a motivational speaker, in unconventional and non-traditional field.
The talk was attended by more than 150 young Chartered Accountants and the participants benefited from the experience shared by the Speaker.
“8th Residential Study Course on IndAS” held from 22nd February to 24th February, 2018
Accounting & Auditing Committee organized its 8th IndAS Residential Study Course (RSC) from 22nd to 24th February, 2018 at Hotel Gateway, Pune. The Course was conducted to address the Ind AS implementation challenges being faced as well as to impart knowledge of its execution to the professionals. This would enable a smooth transition for the corporate sector and also appraise them of impending changes which are applicable in future. The Course was attended by 110 participants from all across India.
This year’s RSC was structured with three sessions based on Case Studies which involved group discussions. The RSC also had four more papers for presentation by eminent faculties.
RSC started with group discussion on First case study paper by CA. Jayesh Gandhi on “Case Studies on Business Combinations and Consolidated Financial Statements”. The case studies highlighted the complexities involved in carrying out accounting for business combinations and consolidation as well as the evaluation of the relevant consolidation standard in specific circumstances.
The session commenced with the inaugural address by CA. Narayan Pasari, President, BCAS. He urged non-members enrolled for this course to become members of BCAS and enumerated various activities/initiations being undertaken by BCAS for the benefits of profession and industry. The Chairman of the Committee CA. Himanshu Kishnadwala gave introductory remarks on the design and structure of the course and the purpose of selection of the topics for group discussion and presentation.
Inaugural session was followed by presentation paper on Revised Audit Report Requirements by CA. Vijay Maniar which covered SA 701 on Key Audit Matters to be applicable from FY 2018-19. CA. Jayesh Gandhi analysed and replied to the issues raised on the Case Studies during the group discussion.
The 2nd day started with group discussion on the paper by CA. Arvind Daga on “Case Studies on PPE and Financial Instruments” that highlighted the intricate issues on measurement, recognition and impairment under relevant standards. He also made a presentation on his paper explaining finer points of the standards as well as dealing with the issues which came up for deliberation. CA. Raghu Iyer presented the paper on “Derivative and Hedge Accounting” and explained what is ‘derivative’, types of hedges, its purpose and importance in the commercial world.
There was another group discussion on the paper by CA. Archana Bhutani on “Case Studies on Revenue Recognition IndAS 115”. The case studies dealt with typical situations in various sectors including real estate, bundled services, FMCG and retail distribution and also some other related issues. She further made the presentation on her paper explaining finer points and concepts and principles of revised IndAS 115 which is likely to be applicable from 1st April 2018.
The last day began with the presentation on “IndAS 116 – Leases” by CA. Srinath Rajanna who came all the way from Dubai to address the participants. It is for the first time that an international faculty has addressed an  IndAS RSC. He explained the major differences in the revised standard as compared to IAS 17 as also the thought process for the same at IASB. Thereafter, CA. Himanshu Kishnadwala gave presentation on “Global Developments in IFRS” and made the participants aware about the projects in pipeline at IFRS for the next five years and the way it will impact industry as well as the profession. He also explained the process of development of standards at IFRS as also how as a stakeholder everybody can participate in the said process.
The concluding session was presided over by the Chairman CA. Himanshu Kishnadwala who acknowledged the contribution of the faculty, group leaders and other participants for the success of the RSC.
Participants were satisfied with the level of discussion and the value imparted through the RSC.
Workshop on “Transfer Pricing – CBCR and Master File” held on 27th February 2018 at BCAS Conference Hall
“The Workshop on Transfer Pricing – CBCR and Master File was conducted on 27th February 2018 at BCAS Conference Hall which was attended by over 110 participants from profession and industry.
The speakers CA. Hasnain Shroff and CA. Anjul Mota provided a comprehensive insight on the conceptual understanding and interpretation of legal provisions and other key issues surrounding the CBCR and Master File. This was followed by case studies touching upon intricacies in filing the CBCR and Master File. The speakers also outlined some practical suggestions in dealing with inherent issues.
The Workshop was well received by the participants who benefitted a lot from the sessions.
Interactive Fire Side Chat on “Strengthening the Profession” held on 28th February, 2018 at IMC, Churchgate
The CA profession is passing through tectonic shifts which have posed various challenges for the professionals. To address the issues of profession and challenges faced by the CA firms, review the regulatory impediments, learn the possible changes in this regard for strengthening and developing the capacity of Indian CA firms, enhance the competence and improve the visibility amongst the business community, BCAS organised a Fire Side Chat with the experts from the profession and industry.
The Panelists for the discussion were:
1. Mr. M. Damodaran, Former Chairman, SEBI
2. CA. Mukund Chitale, Former President, ICAI
3. CA. T. N. Manoharan, Former President, ICAI
The Fire Side Chat was moderated by CA. Himanshu Kishnadwala, Past President, BCAS.
President CA. Narayan Pasari in his opening remarks stated that presently the Chartered Accountancy profession is in a constant state of flux on account of profound changes in the sphere of economy, regulation, technology & society that throw many challenges resulting in higher complexity.
CA. Himanshu Kishnadwala while opening the chat referred to the Prime Minister’s address to the CA community on the CA foundation day on 1st July, 2017 and threw light on the various statistics about the members and the firms. He also mentioned as to what can be done to improve the profession and counter the challenges of the bigger multinationals. CA. Himanshu also talked about the SEBI Order in Satyam Case, RECO Scam, PNB Scam and Supreme Court Order on multinational firms etc.
The Fire Side Chat commenced with the expert opinions of the panelists:
CA. Mukund Chitale started with a comment of Nani Palkhivala “The time has come to see as to who will shave the barber”, which was citing Institute’s motto given by Yogi Anand “Ya esa suptesu jagarti”. He expressed that strengthening the profession doesn’t come automatically and for that there has to be an introspection as to what to do with failures individually & in a communicative manner because any profession which is rendering service exists as long as society expects it to exist. Quality of our work should match the Society’s expectations at the highest level.
Mr. M. Damodaran was of the view that professionalism is not derived just from academic qualification. Professionalism is to contribute to the informed discussion and debate where professionals should set the agenda and plan in the direction of strengthening the profession. He emphasized that Chartered Accountancy Course is enhancing the quantity but must also ensure that quality shall not be compromised.
CA. T. N. Manoharan’s remarks were amply supported with hardcore statistics of the CA profession. He stated that CA firms lack playing the role of knowledge partner. Each CA firm should ensure that any new article who comes to the office be given an open idea that they are welcome to the firm and can grow to the level of employee, manager, director or even can become partner of the firm. Every firm should have partners in different age groups that is how succession happens and the seniors will have smooth exit after handholding and guiding. The focus should not be only on tangibles like top line, bottom line, physical infrastructure etc. but also on the quality & integrity aspects. One of the issues of Indian firms is reluctance to invest in Infrastructure and growth projects. He said that we can follow principles having eternal utility for humanity and we can adopt values which will hold good forever.
Later on CA. Himanshu Kishnadwala posed some pertinent issues faced by the profession, for the response of the panelists, which were deliberated in great depth. Participants were provided fair insights as to the current state of affairs in the profession, how the society perceives the profession and what should be the measures initiated to shore up the image of the profession.
The participants got extremely enlightened with the invaluable insights from discussion by the expert panelists.
ITF STUDY CIRCLE
Meeting on “Proposed Amendments to International Taxation Provisions in Budget, 2018” held on 15th March 2018 at BCAS Conference Hall
The International Taxation Committee organized a panel discussion on 15th March, 2018 at BCAS Conference Hall, to analyze the impact of the amendments to International Taxation provisions, proposed in the Union Budget, 2018.
The meeting was kicked-off with a discussion on the proposed amendment in the Explanation 2 (a) to section 9 (1) (i) where if a non-resident appoints a person who will negotiate but not conclude contracts on his behalf, it may still constitute a Business Connection in India. It was discussed how the OECD had reviewed the definition of a Permanent Establishment in Action Plan 7 to prevent avoidance of tax by fragmentation of business and to align with the modified definition of MLI. The discussion was then turned to the newly introduced Explanation 2A in section 9 (1) (i) which clarifies meaning of a significant economic presence. It was also discussed that there was a need for proposing this amendment as a result of digital economy, whether physical presence of a person in a country is no longer the only measure of an economic connection, challenges in implementing such an amendment, impacts of such amendments on taxation, etc.
The session was very interactive and the participants benefitted a lot from the panel discussion.
INDIRECT TAX STUDY CIRCLE
Meeting on “GST E-Way Bill Provisions – Analysis and Demo of Online Preparation” held on 17th March, 2018
The Suburban Study Circle organized a meeting on GST E-way Bill Provisions on 17th March, 2018 which was addressed by CA. Manish Gadia & CA. Jignesh Kansara.
Speaker CA. Manish Gadia discussed the revised provisions and rules regarding the E-Way Bills Under GST and its applicability wef 1st April, 2018. He made detailed presentation on the following issues:
a) Procedure for generation of e-way bill, b) Multiple Consignments, c) Exemptions, d) Cancellation, e) Validity, f) Acceptance or Rejection, g) Verification of documents, h) Case Studies etc.
Speaker CA. Jignesh Kansara made a step-by-step online demonstration of the process regarding various aspects of E-Way bill through the GSTN portal. He covered the following activities in relation to the e-way bills:
a) Registration as dealer and transporter, b) Creation of masters for clients, products and godowns, c) Generation of Part A and Part B of E Way Bills, d) Generation of Consolidated E-way bill, e) Cancellation / Modifications in E-way Bills generated earlier, f) MIS reports.
He also threw light on the various technical and statutory glitches faced by the dealers and gave suggestions for corrective actions.
The participants benefited from the sessions and experience shared by the learned speakers.

Society News

Human Development Study
Circle Meeting on “Interview Demo Pack“ held on 16th August, 2017 at
BCAS.

The meeting organised by
HDTI Committee at BCAS Conference Hall was addressed by Mr. Rahul Majumdar, an
IIT Bombay – IIM Lucknow alumnus and one of the co-founders of “Know Lens”.

He discussed the importance
and relevance of soft skills in the Chartered Accountancy profession and
informed that recent research indicated that 65% of the people are visual
learners. Therefore, today’s learning is more effective by way of visual
knowledge sharing through videos. While there is a lot more rigour in the
management of knowledge, it lacks sufficient focus on skills. To enhance skill
sets, video based learning is more useful, practical and quick to grasp.
Aspiring CAs or article clerks can build their key soft skills to develop their
careers more effectively through video based learning.

The Speaker was of the
opinion that today CAs broadly have their own practices or work in larger
organisations. They have a range of practices including taxation, audit and
even strategic advisory services for some aspects of business. Also,
professionals are exposed to a rapidly changing regulatory framework along with
a fluid client landscape and work culture.

Mr. Rahul also deliberated
upon the case studies on sales interaction and job interviews to make the
participants understand the need to develop soft skills. The meeting was very
interactive and participants benefitted a lot.    

 

“2nd Narayan
Varma Memorial Lecture” held on 18th August, 2017

The
Greatness of one’s life depends not on the number of years lived but rather on
the effect one leaves on the minds of one’s generation.

The 2nd Narayan
Varma Memorial Lecture & Narayan Varma Memorial Awards was organised
jointly by Bombay Chartered Accountants’ Society, Public Concern for Governance
Trust (PCGT) and Dharma Bharathi Mission(DBM)

The Programme was organised
in the memory of Late Narayan Varma who was closely associated with these
organisations and mentored & nurtured many members of these organisations
with his values, ideology & hard work. It was an occasion to salute and
remember him & also pay tribute to his spirit of giving, professionalism,
commitment towards service to humanity, relentless quest for truth &
justice, wit & wisdom, vision & planning and determination to make a
difference to Society. He always inspired many with his simplicity and humility
by setting an example.


Dr. Shashikala Gurpur

The Memorial Lecture was delivered
by Dr. Shashikala Gurpur, who is a distinguished academician and orator having
presented more than 200 lectures, workshops and seminars across India and
abroad. She has an outstanding career with a wide range of experience in
teaching, research and industry. In her address, she described Late Narayan
Varma’s life and his message to humanity. Dr. Gurpur also mentioned about the
role of giving by a responsible person in the society i.e. to connect with the
people, plunge into the movement for people and utilise resources for the good
of everybody. She described that human life is a gift of goodness without any
expectation and is a spontaneous but satisfying experience in the wonderful
journey of life. She explained that both passion and compassion make a person
innovative to do something new in life. Dr. Gurpur also referred to
intellectual and participative skills and managing conflict to achieve one’s
goal and mission in life. She further emphasised on the responsible citizenship
and patriotic belongingness to India.

In the meeting, three
distinguished persons were awarded for their humanitarian services namely Shri
Pankaj Udhas by DBM, Shri Pradeep Shah by BCAS and Shri Anand Bhandare by PCGT.

The meeting ended with
heart-warming memories and inspiration to work for the Society at large as a
real tribute to Shri Narayan Varma.

FEMA Study Circle Meeting
held on 21st August, 2017 at BCAS Hall

FEMA Study Circle Meeting
was held on the topic of “Analysis of select Compounding Orders passed by RBI”
at BCAS Conference Hall where CA. Harshal Bhuta & CA. Tanvi Vora led the
discussion. The session was chaired by CA. Rajesh P. Shah.

The Group leaders discussed
various Compounding Orders passed by RBI touching upon contraventions relating
to “Restrictions on dealing in Foreign exchange”, “Current Account
Transactions”, “ECB”, “Outbound Investment by Individuals”, “Outbound
Investment by LLP”, “Method of funding overseas direct investment”, etc. The
systematic analysis of these orders helped the participants to understand the
law and gain insights on ‘how to not contravene the same’.

CA. Rajesh P. Shah shared
his experience on various issues and that was a valuable takeaway for the
participants.

The participants gained a
lot and appreciated the views put in by the group leaders and the chairman.

Experts Chat on
Concept & Issues in “Place of Effective Management (POEM)” held on 1st
September 2017 at BCAS    

One thing certain about
life is its manifold uncertainties and the same can be aptly equated with the
newly introduced nascent concept of POEM- ‘Place of Effective Management.’ In
pursuance of the knowledge sharing on this subject, BCAS arranged an expert’s
chat where Mr. Kamlesh Varshney, CIT (International Taxation 2), New Delhi was
hosted by CA. Dinesh Kanabar on 1st September 2017 at BCAS
Conference Hall.  

The session encompassed
multiple aspects ranging from elementary concepts akin to primary intent,
genesis and comparative global practices, to complex conundrums pertaining to
e-presence in board meetings, threshold turnover calculation mechanism, DTAA
& Transfer Pricing implications, GAAR & MAT applicability.

L to R – Mr. Kamlesh Varshney and CA. Dinesh Kanabar

CA. Dinesh Kanabar proposed
poignant posers on wide-ranging matters such as (i) pre-POEM revenue leakage,
(ii) cost-benefit analysis of POEM implementation, (iii) effect on Indian
inbound-outbound investment ratio, (iv) CFC vis-a-vis POEM, (v)
practical existence of overseas business structures for non-tax objectives,
(vi) subjectivity in proceedings and confidentiality concerns in the Income Tax
department, (vii) availability of foreign tax credit, (viii) requirement of
clear-cut guidelines, (ix) FAQs, (x) circulars from Government, etc. Further,
practical impediments, excessive compliances resulting in genuine industry
grievances and necessity to safeguard bonafide entities were duly emphasised.

Several noteworthy points
highlighted in the Chat included – intent of POEM to curb Intentional Tax
Avoidance because profit shifting in tax havens by artificial restructuring,
emphasis on substance over legal form, minimal deep dive on satisfaction of
active business test and supporting documentation required for entities mainly
earning passive income. P/E peculiar issues, adequate documentation for Board
meetings and establishing controlling personnel were also explained.
Thereafter, Mr. Varshney remarked on assurance of confidentiality of disclosed
information pursuant to section 138 of IT Act and endeavour of overall
improvement & reduced litigation in Income Tax Department. He also touched
upon liberalisation and transitional issues.

The  pertinent point pertaining to unaltered
applicability of IT Act provisions specifically applicable to foreign companies
and a foreign company reclassified as resident by POEM drew a fine distinction
between residential status of a company and type of company. Discussions were
also carried out on provisions of draft notification u/s. 115JH of the IT Act
covering eligibility of resident entitled to specific benefits, tax rates for
reclassified foreign companies and implications on other person transacting
with reclassified foreign companies.

The above insightful and
thought-provoking deliberations were followed by Q&A session where queries
were meticulously answered by Mr. Varshney. The participants got highly enthralled
and enriched by the session.

Direct Tax Laws Study
Circle Meeting on “Implications of Ind-AS on MAT” held on 6th
September 2017 at BCAS Hall

The Chairman of the
session, CA. Sanjeev Lalan gave the opening remarks and pointed out some issues
relating to Ind-AS which could face litigation in the long run. The Group
leader, CA. Darshak Shah gave an overview on Ind-AS and its applicability to
companies, NBFCs and Insurance companies.

Thereafter, the group
leader briefly explained the impact of the provisions of MAT under Ind-AS
framework where in order to convert the books of accounts to Ind-AS, the
transition balance sheet has to be prepared from FY 2015-16. The same has been
clarified in the FAQs issued by the Indian Revenue authorities.

CA. Darshak Shah also
touched upon the adjustments under MAT where in case of items accounted under
‘OCI not re-classifiable to P&L’ i.e. revaluation of PPE and Intangible
assets and gains/ losses from investment in equity instruments designed at
FVOCI would be taxed under MAT on disposal only. Also, in case of items
considered as ‘Other Equity’ such as Investments in subsidiaries, JVs and AE
recorded at FMV and cumulative translation, differences of foreign operations
will be taxed under MAT on disposal.

Subsequently, he briefly
explained the provisions in case of certain items that would be offered to tax
equally over the period of 5 years like receivables provided based on expected
credit loss, fair value gains on derivative assets, gains/ loss on fair value
recognition on investments in MFs etc. The team leader then went through
certain case studies to explain various principles impacting the MAT
computation.

The participants got enriched through the
insights provided by the learned Speaker.

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

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

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

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

Advance FEMA Conference on 18th March 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ESI ACT 1948:-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The talk is available on Web TV.

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

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

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

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

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

Value of values as mentioned above.

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

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

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

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

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

Society News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Advance FEMA Conference held on 18th March 2016

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


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

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

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

Udat Abeel Gulal held on 19th March 2016

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

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

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

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

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

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

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

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

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

Society News

Four Days Orientation Course on Foreign Exchange Management
Act (FEMA) held on 17th, 18th, 24th and 25th
March, 2017 at BCAS Hall, JollyBhavan, Churchgate

Four Days Orientation Course on FEMA was successfully
conducted at the BCAS hall on 17th, 18th, 24th and 25th
March, 2017. In all there were 15 presentation sessions and one session
of Panel Discussion.  The Course started
with the topic “Understanding of FEMA” and it went on to cover various other
topics such as Facilities for Resident Individuals and Non Resident
Individuals, Immovable Property in India & Outside India, Export of Goods
& Services, Setting up of a Liaison Office, Branch Office & Project
Office in India & outside India, FDI, Outbound Investment, Borrowing(ECB),
Compounding of offence etc. and concluded with a Panel Discussion under
the chairmanship of CA. Shri Dilip Thakkar wherein the participants got answers
to various tricky questions.

Total of 120 participants enrolled for the Course and many of
them had travelled from other parts of India.

Eminent faculties shared knowledge and personal experience
generously. The Course was very well received and appreciated by the
Participants.

Expert Chat on “Prohibition of
Benami Property Transactions Act, 1988” held on 5th April 2017 at
BCAS Conference Hall

Expert Chat on “Prohibition of Benami Property Transactions
Act, 1988” was held at BCAS Conference Hall on 5th April 2017
wherein a fireside chat was arranged between Dr. (CA) Dilip K. Sheth and CA.
Anil Sathe, Past President, BCAS.

The program commenced with a welcome address by CA. Chetan
Shah, President – BCAS. CA. Anil Sathe initiated the talk with a request to Dr.
(CA) Dilip K. Sheth to share the historical background of the Act. Dr. (CA)
Dilip K. Sheth started his talk since the conceptualisation of the law against
benami transactions, appointment of Law commission in 1973, enactment of the
Act in 1988, various amendments thereafter till the amendment Act was passed by
the parliament in 2016. He also provided a comparative analysis of the
provisions of the Old Act of 1988 vis-à-vis the provisions of new Act
passed in 2016. He discussed the lacuna in the old Act and the reason for it
being ineffective to curb benami transactions.


His presentation covered the important definitions enumerated
in the Act, essential ingredients of benami transactions, various types of
benami transactions and the exceptions to benami transactions. CA. Anil Sathe
posed interesting questions regarding the safeguards provisions in the Act to
avoid harassment to citizens by law enforcement agencies due to stringent
provisions and retrospective amendments effective from 1988.

Dr. (CA) Dilip K. Sheth discussed the Three Formidable weapons
available to law enforcement agencies

-Prohibition – Section 3, 4, 6

Punishments – Section 3(2), 53(2), 54

Confiscation – Section 5, 27

He also discussed other rigorous provisions in the Act –
Section 50, 51, 61 and 67 and discussed the importance of drafting the
agreements/ contracts diligently.

At the end, the floor was opened for Q & A session. The
program was an interactive one with active participation from members present
in the auditorium as well as online members.

CA. Kinjal Shah proposed vote of thanks to Dr. (CA) Dilip K.
Sheth for responding to all the queries candidly and also to CA. Anil Sathe for
making the session lively and interactive.

ITF Study Circle Meeting  
on “GAAR – It’s Concepts & Examples” held on 6th April
2017 at BCAS Hall, Jolly Bhavan, Churchgate

It is rightly said that, GAAR is one of the game changer tax
reforms in India, which is applicable from 1st April, 2017.
Acknowledging the above mentioned fact, our society had organised the ITF Study
Circle Meeting  on the topic “GAAR – It’s
Concepts & Examples”, which was held on 6th April, 2017 at BCAS
Conference Hall, led by Group Leader CA. Siddharth Banwat.

The Group Leader commenced the meeting by explaining the
concepts like tax planning, tax evasion, tax avoidance, Specific Anti Avoidance
Rules, Targeted Anti Avoidance Rules & General Anti Abuse Rules. He gave an
overview of the provisions of sections 95 to 102 of the Income Tax Act. He also
discussed about applicability of GAAR, grand fathering provisions,
Impermissible Avoidance Agreements, Rule 10U of the Income Tax Rules,
Assessment Procedure u/s. 144BA of the Income-tax Act and concepts like
arrangements to lack commercial substance, bona fide purpose during the course
of the meeting.

The members of the Study
Circle shared their rich experiences on various issues and all the 52
participants were benefitted from their varied experience on the subject.

As the subject of GAAR was vast,  the Group Leader was requested to throw light
on the examples in the next ITF Study Circle Meeting to be held on 24th
April 2017.

Human Development Study Circle Meeting on “Management
Lessons from Ramayana” on 11th April, 2017  at BCAS Conference Room by Presenter : CA.
Chandrashekhar N. Vaze

The Speaker CA. Chandrashekhar Vaze is a multifaceted
personality.

He is the chairman of a cooperative bank. A talented orator,
able to grasp complete attention of the audience throughout his speech.He is
the  recipient of ‘Yoga Mitra Award’ from
Yoga Vidya Niketan for 2012 and the Best Social Worker Award from Senior
Citizen’s Association at Mulund in 2014.

He explained to the audience how today Ramayana is playing a
significant role  in shaping the mindset
and the culture of not only Indians, but also of many scholars the world over.

Ramayana deals with management of personal life, spiritual
life; and also the management of any activity of an organisation. It concerns
itself with Organisation, Administration and Co-ordination.

It deals with Personnel policy, Defense Judiciary Time
management  and other facets of
management.

The speaker explained that 
one needed to learn not only from Rama’s behaviour but also from many
others – like, Dasharatha, Bharata, Laxmana, Hanumana, Bibhishana and even
Ravana.

He dwelt upon Rama’s culture and explained that Shree Rama
took cognisance of the opinion of even a very insignificant washerman (dhobi).

While in exile, Rishis approached him with a request to save
them from demons. Shree Rama said it was a shame on his part; his lapse in
duty, if the subjects had to beg for protection. The audience appreciated the
learned speaker’s presentation on a totally offbeat subject.

7th Intensive Study Course on Advanced Transfer
Pricing – 2017-18

The Seventh Intensive Study Course on Adv.
Transfer Pricing was successfully conducted at the BCAS on 7th, 8th
and 15th April, 2017. The course was aimed at imparting advanced
knowledge on the practical aspects of understanding and implementing the
benchmarking study. The sessions began with theoretical aspect of benchmarking
and thereafter deep-dived into the aspects of identifying the functions
performed, assets utilised and risks assumed by the comparable companies. It
also touched upon the importance of designing an efficient and effective
transfer pricing system with the importance of when and how to apply various
transfer pricing adjustments that is defensible before tax authorities and in
court.

The
sessions focused on data mining for fact determination and correct application
of adjustments, wherever applicable. The topics were explained along with
presentations, practical examples and case studies.   Additionally, international and Indian court
rulings were also discussed.

Total of 80 participants enrolled for the Course. Out of
these, 62 participants were from Mumbai and the remaining participants were
from Ahmedabad, Bangalore, Goa, Gurgaon, Hyderabad, Kolhapur, New Delhi, Ponda
& Pune. Of the total 80 participants, 40 participants were members of the
BCAS.

BCAS had honorary participation of 12 Eminent Faculties who
delivered lectures at the Course. The faculty members were renowned Chartered
Accountants /Advocates in their chosen field of expertise for past many years
and generously shared their knowledge and experience with the participants. The
Course was very well received and appreciated by the Participants on the
academic as well as organisational counts.

Lecture Meeting on Practical
Issues in Implementation of ICDS held on 19th April, 2017 at BCAS
Hall, Jolly Bhavan, Churchgate

Lecture Meeting on Practical Issues in implementation of ICDS
by Shri. Yogesh Thar was held at BCAS Office. The event saw attendance by over
100 participants. President Chetan Shah gave the opening remarks.

Mr. Thar started by highlighting that while ICDS was sought
to be scrapped and representations to that effect were made before various
forums, the same still continues to see the light of the day and that it
becomes necessary to understand various standards to effectively apply the
same.  

He then explained that various forms for filing return of
income notified so far only have one sheet for computing the effect of each
standard but the same does not get linked to calculation of total income.  

The Speaker then proceeded to give a detailed analysis of
impact of certain areas under Ind-AS, its treatment under ICDS and possible
legal view that could be taken on the same. He used lots of examples of
situations that could arise in applying ICDS e.g. valuation of inventories
which has specific treatment under section 145A and effect of the same in
applying ICDS which prescribes treatment different from 145A. 

Likewise, issues emanating in application of each standard
were highlighted and the Speaker gave his views on those issues.

It was a very informative and insightful learning experience
for all the participants. The session ended with vote of thanks to the Learned
Speaker.

Direct Tax Study Circle Meeting
on ‘Recent updates and judgments under Direct Tax held on 20th April 2017 at
BCAS Hall, Jolly Bhavan, Churchgate

The group leader, CA. Suraj Nair had circulated a few case
studies based on recent decisions. He discussed the first case study which was
relating to addition made by the Income Tax Department under section 68 in
relation to share premium collected by a private limited company while issuing
shares. After narrating the facts of the case, he described the decision of the
Bombay High Court in case of Gagandeep Infrastructure Pvt. Ltd. The Second case
study pertained to long term capital gain earned on the sale of penny stock.
The group discussed the recent decision of Ahmedabad Tribunal in case of Smt.
Sunita Jain (ITA No. 501 & 502/AHD/2016). Thereafter, the Supreme
Court’s  decision in the case of Siemens
Public Communication Network (P) Ltd. (390 ITR 1) was discussed whereby it was
held that subvention grant received by the assessee from its parent company is
a capital receipt and not revenue in nature since the parent company had paid
the amount in order to protect its capital investment. Subsequently case
studies relating to the decisions of the Mumbai Tribunal in case of JSW Steel
Ltd. (taxability of remission of loan principal and interest), the Mumbai
Tribunal in case of Bharat Serums & Vaccines Ltd. 78 taxmann.com188
(consideration received on assignment of patent) and decision of Karnataka High
Court in case of Flipkart India (P.) Ltd. 79 taxmann.com 159 (stay of demand,
operational validity of circular no.1914 and CBDT circular dated 29th
February 2016) were discussed.

Thereafter, the group
leader gave a brief overview of the recent circulars and notifications released
by the CBDT.

Society News

CHARTERED ACCOUNTANTS’ PROGRAM IN
MANAGEMENT, BUSINESS & ACCOUNTING
ORGANIZED BY MPR & HDTI COMMITTEES
OF BCAS AT ISME CAMPUS

To hone the Management, Leadership and Technical skills
of Chartered Accountants to achieve growth, whether in
practice or in industry, Membership & Public Relations
Committee (MPR Committee) and Human Development
and Technology Initiatives Committee (HDTI Committee)
jointly organized Chartered Accountants’ Program in
Management, Business and Accounting (CAMBA) at the
ISME Campus, Lower Parel, which is equipped with the
latest facilities for a conducive learning environment. The
CAMBA Course was designed by BCAS along with the
Management Institute of ISME. The 1st batch of the course
started in May, 2017 and concluded in December, 2017.
.
With an eligibility criteria of minimum 2 years of postqualification
experience, the first batch saw participation
from 16 CAs in practice as well as those working with
Big 4s or in the industry. The participants shared their
experiences and ideas, problems faced in their respective
work environments and best practices employed.
The course, designed to conduct 120 hours of classroom
training of which 102 hours were dedicated to various
emerging aspects of Entrepreneurship, Management,
Human Resources, Strategy, Soft Skills and Marketing
was conducted by highly experienced faculty from ISME.
The subjects were taken up with a variety of interactive
pedagogical techniques including discussing case
studies, role playing, movies, model building and team
work by learned and experienced faculties like Prof.
David Wittenberg, Dr. Amarpreet Singh Ghura, Dr. A.
Doris Greenwood, Prof. Anjana Vinod, Dr. Ramkishen Y,
Prof. Omkar Pandharkame, Ms. Anubhuti Gupta,
Mr. Moksh Juneja and CA. Nikhil Srinivas.

The remaining 18 hours of the course included sessions
designed by the BCAS team on subjects relevant to the
professionals. The speakers and the topics discussed
during these well-conceived sessions in the 1st batch are
enumerated hereunder:

The participants thoroughly enjoyed their journey of
this long course, experiencing a transformation in their
perspective towards their profession.
It was indeed a very enlightening experience for the
participants who benefitted a lot from the sessions.

“Motivational Talk for Young Chartered
Accountants & Felicitation of CA’s cleared in
Nov’2017” held on 19th February, 2018 at BCAS
Conference Hall.

The Membership & Public Relations Committee organized
a motivational talk for Young Chartered Accountants on the
topic of “How to become an Extraordinary Professional?”.
The talk was addressed by CA. Mudit Yadav, a TEDx
Speaker and Success Coach.
The session began with the
opening remarks by CA. Chetan
Shah, Chairman, MPR Committee
who briefed the audience about
BCAS and its initiatives. He also
encouraged new CAs to become
members of BCAS. Few rank
holders of Nov’ 2017 were felicitated and they shared
their views on success in CA exams.

The Speaker CA. Mudit took up the following major issues
faced by young professionals:

 How to choose the ideal career path for oneself?
 Difference between an average and a star professional.
 Habits of the most extraordinary professionals.
 How to develop the mind-set of a true professional?
 How to develop a sharper executive presence?
 How can you be a pioneer of the future of CA profession?

CA. Mudit Yadav also shared his experiences and the
challenges he faced while carving out his career as
a motivational speaker, in unconventional and nontraditional
field.

The talk was attended by more than 150 young Chartered
Accountants and the participants benefited from the
experience shared by the Speaker.

“8th Residential Study Course on IndAS” held
from 22nd February to 24th February, 2018

Accounting & Auditing Committee organized its 8th IndAS
Residential Study Course (RSC) from 22nd to 24th February,
2018 at Hotel Gateway, Pune. The Course was conducted
to address the Ind AS implementation challenges being
faced as well as to impart knowledge of its execution to the
professionals. This would enable a smooth transition for
the corporate sector and also appraise them of impending
changes which are applicable in future. The Course was
attended by 110 participants from all across India.
This year’s RSC was structured with three sessions
based on Case Studies which involved group discussions.
The RSC also had four more papers for presentation by
eminent faculties.

RSC started with group discussion on First case study
paper by CA. Jayesh Gandhi on “Case Studies on Business
Combinations and Consolidated Financial Statements”.

The case studies highlighted the
complexities involved in carrying
out accounting for business
combinations and consolidation
as well as the evaluation of the
relevant consolidation standard
in specific circumstances.

The session commenced with the inaugural address by
CA. Narayan Pasari, President, BCAS. He urged nonmembers
enrolled for this course to become members of
BCAS and enumerated various activities/initiations being
undertaken by BCAS for the benefits of profession and
industry. The Chairman of the Committee CA. Himanshu
Kishnadwala gave introductory remarks on the design
and structure of the course and the purpose of selection
of the topics for group discussion and presentation.
Inaugural session was followed
by presentation paper on Revised
Audit Report Requirements by
CA. Vijay Maniar which covered
SA 701 on Key Audit Matters to
be applicable from FY 2018-19.
CA. Jayesh Gandhi analysed and
replied to the issues raised on the
Case Studies during the group discussion.
The 2nd day started with group
discussion on the paper by
CA. Arvind Daga on “Case
Studies on PPE and Financial
Instruments” that highlighted the
intricate issues on measurement,
recognition and impairment
under relevant standards. He
also made a presentation on his paper explaining finer
points of the standards as
well as dealing with the
issues which came up for
deliberation. CA. Raghu
Iyer presented the paper
on “Derivative and Hedge
Accounting” and explained
what is ‘derivative’, types
of hedges, its purpose and
importance in the commercial world.
There was another group
discussion on the paper by
CA. Archana Bhutani on
“Case Studies on Revenue
Recognition IndAS 115”. The
case studies dealt with typical
situations in various sectors
including real estate, bundled
services, FMCG and retail
distribution and also some other related issues. She
further made the presentation on her paper explaining
finer points and concepts and principles of revised IndAS
115 which is likely to be applicable from 1st April 2018.

The last day began with the
presentation on “IndAS 116
– Leases” by CA. Srinath
Rajanna who came all the
way from Dubai to address
the participants. It is for the
first time that an international
faculty has addressed an
IndAS RSC. He explained the
major differences in the revised
standard as compared to IAS 17 as also the thought
process for the same at IASB. Thereafter, CA. Himanshu
Kishnadwala gave presentation on “Global Developments
in IFRS” and made the participants aware about the projects
in pipeline at IFRS for the next five years and the way it will
impact industry as well as the profession. He also explained
the process of development of standards at IFRS as also
how as a stakeholder everybody can participate in the
said process.

The concluding session was presided over by the
Chairman CA. Himanshu Kishnadwala who acknowledged
the contribution of the faculty, group leaders and other
participants for the success of the RSC.

Participants were satisfied with the level of discussion
and the value imparted through the RSC.

Workshop on “Transfer Pricing – CBCR and
Master File” held on 27th February 2018 at
BCAS Conference Hall

“The Workshop on Transfer Pricing – CBCR and Master
File was conducted on 27th February 2018 at BCAS
Conference Hall which was attended by over 110
participants from profession and industry.
The speakers CA. Hasnain Shroff
and CA. Anjul Mota provided a
comprehensive insight on the
conceptual understanding and
interpretation of legal provisions
and other key issues surrounding
the CBCR and Master File. This
was followed by case studies
touching upon intricacies in filing
the CBCR and Master File. The
speakers also outlined some
practical suggestions in dealing
with inherent issues.

The Workshop was well received
by the participants who benefitted
a lot from the sessions.

Interactive Fire Side Chat on “Strengthening
the Profession” held on 28th February, 2018 at
IMC, Churchgate

The CA profession is passing through tectonic shifts which
have posed various challenges for the professionals. To
address the issues of profession and challenges faced
by the CA firms, review the regulatory impediments, learn
the possible changes in this regard for strengthening
and developing the capacity of Indian CA firms, enhance
the competence and improve the visibility amongst the
business community, BCAS organised a Fire Side Chat
with the experts from the profession and industry.

The Panelists for the discussion were:
1. Mr. M. Damodaran, Former Chairman, SEBI
2. CA. Mukund Chitale, Former President, ICAI
3. CA. T. N. Manoharan, Former President, ICAI
The Fire Side Chat was moderated by CA. Himanshu
Kishnadwala, Past President, BCAS.

President CA. Narayan Pasari in his opening remarks
stated that presently the Chartered Accountancy profession
is in a constant state of flux on account of profound changes
in the sphere of economy, regulation, technology & society
that throw many challenges resulting in higher complexity.
CA. Himanshu Kishnadwala while opening the chat
referred to the Prime Minister’s address to the CA
community on the CA foundation day on 1st July, 2017 and
threw light on the various statistics about the members and
the firms. He also mentioned as to what can be done to
improve the profession and counter the challenges of the
bigger multinationals. CA. Himanshu also talked about the
SEBI Order in Satyam Case, RECO Scam, PNB Scam and
Supreme Court Order on multinational firms etc.

The Fire Side Chat commenced with the expert opinions
of the panelists:

CA. Mukund Chitale started with a comment of Nani
Palkhivala “The time has come to see as to who will shave
the barber”, which was citing Institute’s motto given by
Yogi Anand “Ya esa suptesu jagarti”. He expressed that
strengthening the profession doesn’t come automatically
and for that there has to be an introspection as to what to
do with failures individually & in a communicative manner
because any profession which is rendering service exists
as long as society expects it to exist. Quality of our
work should match the Society’s expectations at the
highest level.

Mr. M. Damodaran was of the view that professionalism
is not derived just from academic qualification.

Professionalism is to contribute to the informed discussion
and debate where professionals should set the agenda
and plan in the direction of strengthening the profession.

He emphasized that Chartered Accountancy Course is
enhancing the quantity but must also ensure that quality
shall not be compromised.

CA. T. N. Manoharan’s remarks were amply supported with
hardcore statistics of the CA profession. He stated that
CA firms lack playing the role of knowledge partner. Each
CA firm should ensure that any new article who comes to
the office be given an open idea that they are welcome to
the firm and can grow to the level of employee, manager,
director or even can become partner of the firm. Every firm
should have partners in different age groups that is how
succession happens and the seniors will have smooth
exit after handholding and guiding. The focus should not
be only on tangibles like top line, bottom line, physical
infrastructure etc. but also on the quality & integrity aspects.
One of the issues of Indian firms is reluctance to invest
in Infrastructure and growth projects. He said that we can
follow principles having eternal utility for humanity and we
can adopt values which will hold good forever.

Later on CA. Himanshu Kishnadwala posed some
pertinent issues faced by the profession, for the response
of the panelists, which were deliberated in great depth.
Participants were provided fair insights as to the current
state of affairs in the profession, how the society perceives
the profession and what should be the measures initiated
to shore up the image of the profession.

The participants got extremely enlightened with the
invaluable insights from discussion by the expert panelists.

ITF STUDY CIRCLE

Meeting on “Proposed Amendments to
International Taxation Provisions in Budget,
2018” held on 15th March 2018 at BCAS
Conference Hall

The International Taxation Committee organized a panel
discussion on 15th March, 2018 at BCAS Conference Hall,
to analyze the impact of the amendments to International
Taxation provisions, proposed in the Union Budget, 2018.
The meeting was kicked-off with a discussion on the
proposed amendment in the Explanation 2 (a) to section
9 (1) (i) where if a non-resident appoints a person who
will negotiate but not conclude contracts on his behalf, it
may still constitute a Business Connection in India. It was
discussed how the OECD had reviewed the definition of
a Permanent Establishment in Action Plan 7 to prevent
avoidance of tax by fragmentation of business and to align
with the modified definition of MLI. The discussion was then
turned to the newly introduced Explanation 2A in section
9 (1) (i) which clarifies meaning of a significant economic
presence. It was also discussed that there was a need for
proposing this amendment as a result of digital economy,
whether physical presence of a person in a country is
no longer the only measure of an economic connection,
challenges in implementing such an amendment, impacts
of such amendments on taxation, etc.

The session was very interactive and the participants
benefitted a lot from the panel discussion.

INDIRECT TAX STUDY CIRCLE

Meeting on “GST E-Way Bill Provisions –
Analysis and Demo of Online Preparation”
held on 17th March, 2018

The Suburban Study Circle organized a meeting on GST
E-way Bill Provisions on 17th March, 2018 which was
addressed by CA. Manish Gadia & CA. Jignesh Kansara.
Speaker CA. Manish Gadia discussed the revised
provisions and rules regarding the E-Way Bills Under
GST and its applicability wef 1st April, 2018. He made
detailed presentation on the following issues:

a) Procedure for generation of e-way bill, b) Multiple
Consignments, c) Exemptions, d) Cancellation, e) Validity,
f) Acceptance or Rejection, g) Verification of documents,
h) Case Studies etc.

Speaker CA. Jignesh Kansara made a step-by-step online
demonstration of the process regarding various aspects
of E-Way bill through the GSTN portal. He covered the
following activities in relation to the e-way bills:
a) Registration as dealer and transporter, b) Creation of
masters for clients, products and godowns, c) Generation
of Part A and Part B of E Way Bills, d) Generation of
Consolidated E-way bill, e) Cancellation / Modifications in
E-way Bills generated earlier, f) MIS reports.

He also threw light on the various technical and statutory
glitches faced by the dealers and gave suggestions for
corrective actions.

The participants benefited from the sessions and
experience shared by the learned speakers.

Society News

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

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

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

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

Wonders of the Night Sky held on 30th January 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

Society News

Indirect Tax Laws Study
Circle

 

Meeting on “Goods and Services
Tax–Discussion on various issues on Composite Supply / Mixed Supply, WCT and
Valuation- II” held on 16th January, 2018 at BCAS Conference Hall

 

In continuation of the last meeting,
Indirect Taxation Committee conducted a Study Circle Meeting on “Goods and
Services Tax–Discussion on various issues on Composite Supply / Mixed Supply,
WCT and Valuation- II” at BCAS Conference Hall which was addressed by CA. Bijal
Doshi. The Speaker discussed upon the balance case studies which could not be
covered in the previous meeting and completed the discussions on the subject.

 

The meeting was quite interactive and highly
appreciated by the participants. Participants shared their practical experience
during discussion and benefited a lot from the session.

 

Special Joint Study Circle Meeting on “US
Tax Reforms- Impact of Domestic and International Provisions” held on 22nd
January, 2018 at BCAS Conference Hall

 

International Taxation Committee organised a
Special Joint Study Circle Meeting on 22nd January, 2018 at BCAS
Conference Hall which was addressed by Mr. Shishir Lagu, Mr. Atul Deshmukh and
Mr. Kavit Sanghvi. All the Study Circles and Groups which operate under the
Committee were part of this meeting which had a common interesting topic. The
speakers covered the latest US tax reforms in detail. They also explained the
nuances of the differences in US tax laws due to these reforms and the impact
they can have on the Indian entities which have invested in USA and doing
business there.

 

The meeting was very interactive and the
speakers answered all the queries raised by the participants. The participants
benefitted a lot from the rich experience of the learned speakers.

 

Lecture Meeting on “Implementation &
Issues on E-way Bill-Way Forward” held on 24th January, 2018 at BCAS
Conference Hall

 

Mr. Pramod Bargaje
Dy. Commissioner-LTU4, Mumbai


Mr. Chandrashekhar Thakur,

Dy. Commissioner

Indirect Taxation Committee organised the
captioned Lecture Meeting at BCAS Conference Hall where the eminent faculty
from the GST Department, Govt. of Maharashtra – Shri Pramod Bargaje, Dy.
Commissioner-LTU4, Mumbai, Shri Chandrashekhar Thakur, Dy. Commissioner and
Shri Mukund S. Panhalkar, Asst. Commissioner were invited to address the
members. The objective of the meeting was to spread awareness about the
‘Implementation & Issues on E-way Bill – Way Forward’ and equip the
businesses and professionals with the knowledge, to keep themselves well
prepared for its compliance. The Goods and Services Tax Act was implemented
earlier this year. The Act contains several features, one key anti-evasion
measure amongst these is the E-Way bill reporting system. Recently, the Goods
and Services Tax Council decided to roll out E-way bills for interstate
movement of goods from 1st February 2018 and hence, importance of
this meeting.

 

The speakers enlightened the participants
about the salient constituents of E-Way Bill, issues likely to be encountered
by assessees going forward and the process and procedure to be followed, to
overcome any hindrance in successful implementation of the bill. The faculty
also explained the legal aspects of E-Way Bill and conducted a mock trial of
the actual filing process, to impart practical training to the members.  

 

The meeting was also live streamed for the
participants who could not attend in person. Around 425 participants attended
the meeting including online viewers. It was indeed a very enriching experience
for the participants who benefitted a lot from the meeting.

 

ITF STUDY CIRCLE

 

Meeting on “Select Decisions on
International Tax” held on 30th January, 2018 at BCAS Conference
Hall

 

ITF Study Circle organised a meeting on the
subject which was addressed by CA. Deepak Kanabar. The Speaker briefly gave an
overview of the importance of recent judicial precedents and the ever
increasing controversies over the concept of Permanent Establishment and
Business Connection in India. He took the Group through the following decisions
discussed at length.

 

   Martrade
Gulf Logistics FZCO-UAE [2017] 88 taxmann.com 102 (Rajkot – ITAT)

 
  Formula One World
Championship Ltd 2017 – 394 ITR 80 (SC)

   Production
Resource Group – 2018–89 Taxmann.com 219-AAR

 

There was active participation from the
members present with various nuances of the concept of PE and business
connection being brought out. The attendees benefitted a lot from the session.

 

“GST Summit” at
“Finbridge Expo” held on 3rd and 4th February, 2018.

 

As a part of its ‘Networking’ initiative,
Bombay Chartered Accountants’ Society joined as the “Knowledge Partner for GST
Summit” at the “Finbridge Expo” held on 3rd and 4th February,
2018 at Nehru Centre, Worli. Finbridge Expo is an exhibition and conferences
platform which caters specifically to Financial Services & Technology
industry. They requested the Society to share its expertise on GST with their
participants.

 

On 3rd February 2018, at the
“Finbridge GST Summit”, three of our eminent speakers represented our Society.
Our panel of GST experts addressed on the subjects given below:

 

CA. Shreyas Sangoi shared his expertise on
‘GST on Stock Brokers.’ 

CA. Samir Kapadia gave valuable insights on
‘GST on Financial Services (Excluding Stock Brokers & Banks).’

 

CA. Mandar Telang shared knowledge about
‘GST on Software / Technology Services.‘

 

The Summit received an overwhelming response
from the participants and the visitors with knowledge sharing and enriching
experience gained by them on these GST topics.

 

“Public Lecture Meeting on Direct Tax
Provisions of the Finance Bill 2018” held on 6th February, 2018


Adv. S. E. Dastur


The Public Lecture Meeting of the Society on
the Direct Tax Provisions of the Finance Bill 2018 by Senior Advocate Mr S.E.
Dastur was held at Yogi Sabhagruha on 6th February, 2018. This was
the 30th lecture meeting by him and the 53rd of the
Society. 

 

The lecture meeting was live streamed and
witnessed by more than 12,000 persons including online viewers. The meeting
commenced with the singing of National Anthem. CA. Narayan Pasari, President,
BCAS welcomed and introduced the speaker Mr. S. E. Dastur citing his
intellectual charm that makes this meeting more special. He also touched upon
the Government initiatives on Agricultural Sector, Rural India and Health
Coverage etc. in the Budget Proposals announced by the Finance Minister.

 

CA. Narayan Pasari, commended the
contribution of Mr. S.E.Dastur in making the Budget Lecture Meetings of BCAS so
special, through his insightful analysis year after year. He informed the
gathering that this will be Mr. Dastur’s last budget lecture meeting at BCAS.
The Society also felicitated Mr. Dastur on this occasion. This was followed by
display of a small film on the journey of Lecture Meetings by Mr. S. E. Dastur
over the years and his association with BCAS, which was sheer nostalgia.

 

Mr. Dastur started his speech by detailing
the historical memories of the previous budgets of various FMs since 1948-49.
He talked about the Finance Minister’s speech having emphasis on the various
measures announced in the budget. He also discussed on the various new
insertions/amendments in areas of Long Term Capital Gains, Definition of
Accumulated Profits, Financial Transactions and changes in Assessment &
Reassessment procedures etc. The talk also covered other aspects of the Direct
Tax Provisions i.e. Income from Business and Profession, Amalgamation, Change
in Shareholding, Exemption from Tax under Sec 10 (23C) and Sec 54EE (LTCG),
application for Charitable Purposes, Rationalisation and Transparency etc. which
were part of Finance Minister’s speech.

 

Mr. Dastur gave his explicit views on every
important tax proposal notified under the Finance Bill 2018.

 

The audience were mesmerised by his speech
and benefitted a lot. The meeting ended with a huge round of applause and
appreciation by the participants.

 

HDTI Study Circle

 

Meeting on “Positive Ageing & Geriatric
Medicine” held on 13th February, 2018 at BCAS Conference Hall

 

HDTI Study Circle organised a meeting on
“Positive Ageing & Geriatric Medicine” on 13th February, 2018 at
BCAS Conference Hall which was addressed by Dr. Arvind Pednekar. Dr. Pednekar
gave the presentation on Ageing and Geriatric problems being faced by the old
people with advancing age, be it physical, mental or spiritual. He explained
the causes and effects of old age problems and preventive steps i.e. Exercise,
Yoga and Meditation amongst others to overcome such life threatening
hindrances.

 

Majority of the participants in the meeting
belonged to the middle and old age group. At the end, there was Q&A session
where the Speaker responded to all the queries raised by the participants.

 

The meeting was very interactive and the
participants benefitted a lot from the session.

 

“Analysis of Economic Survey & Budget
2018” held on 15th February, 2018 at BCAS Conference Hall

 

International Economics Study Group under
the aegis of International Taxation Committee conducted a meeting on Analysis
of Economic Survey & Budget 2018
on 15th February, 2018 at
BCAS Conference Hall. The group discussions were led by Group Leaders CA. Kapil
Sanghvi, CA. Harshad Shah, CA. Rashmin Sanghvi & CA. Milan Sangani, who
brought out very interesting perspective on Global and Indian economy and the
challenges facing Indian Economy.

 

The speakers presented their views and findings
on Analysis of Economic Survey & Budget 2018. Some key points of discussion
were: (i) State of Indian Economy-Sweet spot to sudden fall (ii) GDP Growth
trends (iii) Rupee appreciation (iv) India`s decoupling (v) Twin Balance Sheet
challenges (vi) Inflation trend (vii) Oil Price increase (viii) Investment and
saving slowdown (ix) 4 headwinds (hyper globalisation repudiation, pre mature
de industrialisation, human capital regression & agriculture stress).
Adverse impact of climate change on agriculture and concept of export of water
was also explained. The group also deliberated on Modi Care (World`s largest
national health protection scheme), health export trend, agriculture and rural
economy and health & education.

 

The meeting was very informative and the
participants went enriched from the session.

 

Direct Tax Laws Study
Circle

 

Meeting on “Recent Judgements under Direct
Tax laws” held on 22nd February 2018 at BCAS Conference Hall

 

Direct Tax Study Circle organized a meeting
on ‘Recent Judgements under Direct Tax laws’  
at  BCAS Conference Hall addressed
by the Group Leader for the session Adv. Dharan Gandhi.

 

The Speaker mentioned that being tax
professionals, it is utmost important to keep pace with the important decisions
pronounced recently by various judicial authorities and thus briefly gave an
overview of the recent important rulings and decisions as enumerated below:

 

Decision

Issue relating to

National Travel Service vs. CIT [CA No. 2068-2071/2012
(SC)]

Deemed Dividend

[Section 2(22)(e)]

IL and FS Energy Development Co. Ltd. 399 ITR 483(Del)

14A disallowance

H T Media Ltd. vs. PCIT 399 ITR 576(Del)

14A disallowance

PCIT vs. Ramniwas Ramjivan Kasat 248                             Taxman 484(Guj)

Cap Gain vs Business Income

CIT vs. Modipon Limited 299 CTR 306(SC)

Allowability of deduction u/s. 43B

  Rajat B Mehta vs. ITO ITA No. 19/Ahd/2016 (Ahd)

Deduction u/s. 54

   Paradise Inland Shipping Pvt. Ltd.  400 ITR 439 (Bombay)

Addition u/s. 68

  Bengal Finance & Investments Pvt. Ltd. ITA 337/2013
(Bom)

14A disallowance vis-a-vis. Book profit
u/s. 115JB

   CIT vs. Sinhgad Technical Education                  Society 297 CTR 441(SC)

Assessment u/s. 153C

   CIT vs. Glenmark Pharmaceuticals Ltd. 398
ITR 439(Bom)

Interest u/s. 234B

   Maharaj Garage & Company vs. CIT 400
ITR 292 (Bombay)

Penalty u/s. 271(1)(c)

–     Sanjay Bimalchand Jain vs. Pr CIT ITA
No. 18/2017 (Bombay)w

Capital gain vs. Business income [Penny
stock]

–     Pr CIT vs. Prem Pal Gandhi ITA 95/2017
(P&H)

Penny stock

 

 

The meeting was quite interactive and the
participants raised many queries which were thoroughly answered by the learned
Speaker.

 

16th Residential Leadership
Retreat held on 23rd and 24th February, 2018

 

HDTI Committee organized its Sixteenth
Residential Retreat on 23rd and 24th February 2018, at
Rambhau Mhalgi Prabodhini (Training Centre) on the theme of ‘Saptapadi of
Happiness in family’ (Seven vows of happiness in family) which was addressed by
Mr. Mahendra Garodiya.

 

Past President
CA. Mayur Nayak in his key note inaugural address remembered Late Shri
Pradeepbhai Shah, the architect of such retreats. He complimented the Chairmen
of the Committee, all these years for this course. Appreciating significance of
such residential workshop for shaping the better values in life, he touched
upon Family and Happiness. Life coach Mahendra Garodiya, an avid reader and
strong follower of philosophy propounded by Chanakya, was ably assisted by
Deepa Garodiya in guiding the participants through important concepts and vows
to be taken by the family. In his study material, following key points were
covered:

 

   Always
communicate
your expectations on core important values of life viz:
Security, adventure, importance, love, growth and contributions. While,
communicating with the spouse and members of the family, it is always better to
be respectful than to be right. The most important to keep in mind is never to
give unsolicited advice.

 

   Build
a culture of values
appreciating interdependence. Always put others
first. Understand before being understood. Be honest and truthful in each
relation. Involve each and every member of the family while taking important
decision.

 

  Define
Common Goal
covering self, spouse and family.

 

   Dharma
Nishtha:
Dharma is not religious ritualism. Understand the core
personality of the self, spouse and family members on parameters of three Gunas
i.e. Rajas, Tamas and Sattva. Understand and appreciate that dharma is root
of happiness, artha is root of dharma, rajya is root of artha, Victory is the
root of rajya, respect is root of victory, therefore one ought to respect
elders and offer service to them.

 

   Family
Legacy:
Understand and appreciate that money is only a means to an end
and not an end in itself. Money can facilitate security, status, enjoyment,
control, opportunity and growth. By giving money for welfare, you get better
rewards

 

   Growth:
Saptang (Holistic): There are seven dimensions of growth and happiness, Swamy
(Head of the family), Janpad (children and Family members), Dand (Family rules
and behaviours), Mitra (family coach), Kosha (family wealth and culture),
Amatya (supporter to the head of the family) & Durga (family name, fame and
brand). When all these aspects are correctly balanced, they bring in happiness.

 

In the evening on the first day one of the
participants presented nice details of Maharashtra’s folk art Warli painting.
It was followed by audio visual film titled “Down the Memory Lane” featuring
photographs and glimpses of earlier HDTI RRC. It was a tribute to Late Shri
Pradeepbhai Shah and many others who actively participated and encouraged
Leadership retreats.

 

In a concluding session on second day, each
participant exchanged rose with other participant expressing gratitude and
appreciation and carried home beautiful memories of joy and happiness.

 

Interactive session with Students for
“Success in CA Exams” held on 25th February, 2018

 

HDTI Committee jointly with RVG Educational
Foundation organised an Interactive session with Students called “Success in CA
Exams” on 25th February, 2018 at RVG Hostel, Andheri which was
addressed by the speakers CA Mangesh Kinnare and CA. Kartik Iyer.

 

President CA. Narayan Pasari welcomed the
students and inspired them to work sincerely, diligently as CA Students during articleship
and also while preparing or appearing for CA exams. He exhorted that Youth is
the future of our country for the Nation building.

 

In the first session CA. Karthik Iyer shared
his experience and the technique of macro and micro planning as to how to
prepare a time table and study at a time as per one’s own biorhythm. How to
balance between studies of various subjects and avoid distractions. He
suggested to appear for at-least two mock test papers for each subjects before
the exams. This enables the student to evaluate his limitation, speed, and
ensure that he attempts a full paper.

 

In the second session, Mr. Mangesh Kinare,
Member of Central Council of ICAI and Ex-Vice Chairman of Board of Studies and
Ex-Member, Examination Committee shared his views from the perspective of the
Institute. He clarified many doubts of the students and advised them to read
study material and practice manuals of ICAI. He mentioned that the website and
monthly Students Journal of the Institute cover very interesting study material
for the benefit of the students.

Mr. Phaneesh Reddy from Vijayawada who
scored 4th rank in the Final exam of ICAI in November 2017 shared
his views through a video recorded message.

 

The session was very interactive and
speakers gave very useful insights to the students to prepare and excel in the
CA exams

 

Indirect Tax Laws Study
Circle

 

Meeting on “Goods and Service Tax – Clause
by Clause Analysis of E-way Bill Provisions and related FAQs” held on 26th
February, 2018 at BCAS Conference Hall

 

Indirect Tax Laws Circle conducted another
meeting on 26th February, 2018 on the subject “Goods and Service Tax
– Clause by Clause Analysis of E-way Bill Provisions and related FAQs” at BCAS
Conference Hall. The discussions were led by group leaders CA. Saumil Kapadia
and CA. Samir Kasvala under the chairmanship of CA. Janak Vaghani. The speakers
dealt with the clause wise analysis of E-Way Bill provisions and related
queries in depth. Members also shared their practical experience which was
beneficial for one and all present in the meeting. 

 

The meeting was highly appreciated by the
members for the valuable insights given by the speakers.
_

Society News

BEPS Study Group

Meeting on “Exchange of Information and Tax
Transparency” held on 16th September 2017 at BCAS Conference Hall

The meeting was held to discuss the steps
taken by the Government on Exchange of Information to curb tax avoidance and
tax evasion. Mr. Rahul Navin, CIT (TPI) explained the trigger for the steps
i.e. how the global consensus has been achieved, various kinds of information
exchange agreements and how they will be implemented.

The economic crisis of 2009 brought the tax
avoidance by global firms into focus. US Government issued FATCA rules. These
rules require foreign banks doing business in the US and foreign Governments to
provide details of the bank accounts and financial assets of US persons, to the
US Government. This became the standard followed by the G20 / OECD. Now the
Governments have entered into agreements to exchange information on automatic
and simultaneous basis about each other’s residents.

The underlying instrument for Exchange of
Information (EOI) is the article in the DTA (Article 26 of the OECD Model DTA).
Wherever there is no DTA, countries have entered into Tax Information and
Exchange Agreements. There is a further Multilateral Convention on EOI. SAARC
countries also have entered into agreement for EOI. The agreements are on
reciprocal basis – i.e. two countries will share information with each other of
each other’s residents. However, FATCA agreements of US are not on reciprocal
basis. The agreement with India is not on reciprocal basis. The information to
be exchanged will be the beneficial ownership and identity information of
entities, bank accounts, beneficiaries, persons having control over bank
accounts, power of attorney holders, etc. The information should be shared
within 90 days, or updates should be provided to the other Government. The
agreements provide for information being held confidentially. However if
prosecution is launched, or if the Court requires the same, then information
can be made public. Indian tax return requires information to be disclosed of
foreign assets. Every foreign entity in which an Indian resident has an
interest has to be disclosed. In summary, banking and asset holding secrecy has
been abolished.

All the members were very appreciative of
the presentation and benefitted a lot from the session.

 BEPS Study Group

Meeting on “BEPS Action plan –
implementation and issues; and Developments in APA and Transfer Pricing” held
on 23rd September 2017 at IMC, Churchgate

The meeting was held to discuss Multilateral
Instrument under BEPS Action Plan – Implementation and Issues; and Developments
in APA and Transfer Pricing. The Speaker, Mr. Sanjeev Sharma CIT (APA-2) gave
the background about the BEPS measures and the ways Governments are tackling
Black Money. He also discussed about the disclosures required for the Advance
Pricing Agreements (APAs) and how countries negotiate the agreements.

He further explained how the countries have
agreed on BEPS Action reports on tax avoidance, information exchange and
co-operation and also to take action on preferential regimes by tax havens. All
this has resulted in a Multilateral Instrument being signed by various countries.
The MLI contains several provisions to amend the DTA. There are alternatives in
various clauses for the countries to choose from. Some minimum standards on Tax
avoidance are however non-negotiable and all countries have agreed to implement
the same. At the G20 / OECD forum, all countries have an equal say. The large
developing countries actively participated like India, China, and Brazil. India
has signed several Advance Pricing Agreements. Almost all big MNCs in India
have an APA with India. For a successful APA, it is essential that all
information be disclosed to the authority. The Speaker also highlighted how
India is helping other countries to develop its capabilities for tax laws and
its implementation. He then deliberated on several practical issues on the
negotiation of MLIs – judicial systems in different countries, administrative
systems, etc. In a nutshell, the coming years will witness a sea change in the
manner of tax structures and advice. One will have to pay taxes in some country
or the other.

The meeting was quite interactive and
participants benefitted a lot.

Direct Tax Study Circle

Meeting on “Deemed Income u/s. 68, 69, 69A,
69B and 69C” held on 2nd November 2017 at BCAS Conference Hall

Taxation Committee of BCAS organised the
meeting where Chairman of the session CA. Bhadresh Doshi gave his opening
remarks and explained the theory of peak credit which is crucial when additions
are made u/s. 68 or 69. 

The Group leader CA. Prerna Peshori briefly
explained the ingredients of section 68 (cash credit) and the conditions
attached to it. She also discussed over the issue as to whether section 68 is
applicable to an assessee not maintaining books of accounts. In this regard,
Chairman referred to the decisions of the Bombay High Court in the case of
Bhaichand H. Gandhi and Arunkumar Muchhala.

Thereafter, CA. Prerna described the issue
relating to share application money and share premium wherein the Assessing
Officers have made additions u/s. 68. In this context, decision of the Supreme
Court in Lovely Exports was discussed followed by the decision of Royal Rich
Developers Pvt. Ltd vs. DCIT (ITAT Mumbai)
wherein it was observed that
sections 68 and 56(2)(viib) can never simultaneously operate.

The group leader then briefly explained the
provisions of sections 69, 69A, 69B, 69C and 69D. The Chairman, CA. Bhadresh
Doshi explained the minor differences amongst sections 69, 69A and 69B. Few
judicial decisions pertaining to bogus purchase were also taken up.

Lastly, the group leader deliberated upon
the amendment made in section 115BBE by Finance Act, 2016. As per section
115BBE, income tax shall be calculated at 60% where the total income of
assessee includes Income under sections 68, 69, 69A, 69B, 69C, 69D and
reflected in the return of income furnished u/s. 139; or if any additions are
made under these sections by the Assessing Officer. The tax rate of 60% will be
further increased by 25% surcharge, 3% education cess, 6% penalty, i.e.,
effective tax rate comes out to be 83.25% (including cess).

The meeting was very enlightening and the
participants benefitted a lot from the session.

Indirect Tax Study
Circle

Meeting on
“Significant Issues in GST” held on 6th November 2017 at BCAS
Conference Hall.

The Indirect Taxation Committee of BCAS
organised a meeting on “Significant Issues in GST” at BCAS Conference Hall
which was addressed by CA. Aumkar Gadgil. The related issues discussed and
debated upon by/with the participants included matters relating to Reverse
Charge Mechanism, Input Tax Credit and Place of Supply Provisions amongst
others.

The meeting was quite interactive and the
participants benefitted a lot from the session.

ITF Study Circle

Meeting on “Indirect Transfer Provisions
under Income tax Act, 1961” held on 7th November 2017 at BCAS
Conference Hall

ITF Study Circle Meeting on Indirect
Transfer Provisions under Income tax Act, 1961 was held at BCAS Conference Hall
where CA. Kartik Badiani led the discussion. The session was chaired by CA.
Siddharth Banwat.

The Group leader briefly discussed the
history behind introduction of the provisions of indirect transfer by Finance
Act, 2012 and explained the provisions of indirect transfer through various
examples. The thorough analysis of each part of the provision through structure
and examples helped the participants to understand the nuances of the indirect
transfer provisions and its applicability in certain scenarios.

The discussion also included brief analysis
of OECD’s models on ‘Tax Treatment of offshore indirect transfers’ and its
correlation with the Indian approach and analysis on the decision in case of
Sanofi Pasteur Holdings SA and Cairn UK Holdings Ltd.

The participants benefitted a lot and
appreciated the efforts put in by the group leader.

FEMA Study Circle

Meeting on “Key changes in FDI Policy” held
on 9th November, 2017 at BCAS Conference Hall

International Taxation Committee of BCAS
organised FEMA Study Circle Meeting on “Key changes in FDI Policy” where CA.
Rajesh L. Shah led the discussion.

The Group leader discussed various changes
brought out by FDI Policy on topics such as Cash and Carry Wholesale Trading,
Downstream investment, FDI in LLP and FDI in Single Brand retailing etc. 

The participants appreciated the hard work
put in by the group leader and benefitted a lot from the discussion.

“Finserv Conclave” held on 10th November 2017

 Finserv Conclave covering tax, regulatory
and accounting aspects of financial service sector was held by the Taxation
Committee on 10th November 2017 at the St. Regis, Lower Parel,
Mumbai. The event was attended by 70 participants many of whom were from the
banking / custodian / private wealth management sector. President Narayan
Pasari gave the opening remarks followed by introduction from the Chairman of the
Taxation Committee, CA. Ameet Patel.

 The topics and speakers were as under:

 

Advocate Ashwath Rau

Overview of Financial Services Sector: The Speaker, Advocate Ashwath Rau took the participants through the
financial services landscape for pooling vehicles. He also touched upon various
sources that are used for raising of funds.

 

Advocate Sandeep
Parekh

SEBI Regulations concerning AIF,
Securitisation Trusts, REITS, InvITs
: Advocate
Sandeep Parekh discussed SEBI regulations for REIT, InvIT. with practical
insights about the REIT and InvITs.

 

CA. Subramaniam
Krishnan

Direct Tax Regulations concerning AIFs: CA. Subramanian Krishnan explained the direct tax provisions
applicable to trusts. He discussed how trust taxation has evolved over the
years and the impact of the same on AIFs. He also mentioned the disclosure
requirements in the return of income and the applicable forms.


CA. Bhavin Shah

Direct Tax Regulations applicable to
Securitisation Trusts, REITS and InvITs
: CA. Bhavin
Shah discussed the evolution of REITs / InvITs and the typical structure of
REIT/InvIT. He briefly explained pros and cons of setting up of REIT / InvIT,
overview of REIT / InvIT regime and also various tax implications relating to
REITs and InvITs. He also touched upon the tax implications applicable to
Securitisation Trust.

 

CA. Venkatramanan
Vishwanath

Accounting issues under Indian GAAP and
Ind AS
: CA. Venkatramanan Vishwanath initiated his
presentation with various issues faced by AIFs and other entities engaged in
the financial service sector. He also discussed audit consideration and
challenges under Ind AS (including the challenges faced by the entities
operating in financial service sector) and answered various queries from the
participants.

 

CA. Parind Mehta

Indirect tax issues under GST: CA. Parind Mehta gave a brief overview of key provisions of GST.
Post that, he discussed in detail the GST impact on every leg of a typical REIT
/ InvIT transaction. He also talked about the GST implication in case of AIFs
and Securitisation Trusts and compliances that should be adhered to.

Fireside chat between CA. Gautam Doshi,
CA. Anish Thacker and CA. Ameet Patel:
The final
session of Finserv Conclave was a fireside chat amongst CA. Gautam Doshi, CA.
Ameet Patel and CA. Anish Thacker. In this chat, CA. Gautam Doshi gave his
views and insights on various issues faced by financial services sector at
present and the challenges ahead in future. He also explained how technology is
going to impact the industry going forward and also expressed views on how the
various issues emerging from legal and tax regulations can be eased or
clarified by the government and the institutions governing them. CA. Anish
Thacker also chipped in with his valuable views on the topics discussed. The
chat was excellently moderated by CA. Ameet Patel. Thereafter he responded to
questions raised by various participants.

The sessions were highly interactive and the
speakers shared their insights on the subject. The participants benefited
immensely with the interactive sessions.

HRD Study Circle

Meeting on “Challenges, A Learning Curve to
Emerge Stronger” held on 14th November, 2017 at BCAS Conference Hall

HDTI Committee of BCAS organised the meeting
addressed by Mr. Shyam Lata who gave the presentation and explained why we fear
challenges and how Challenges can turn out to be the opportunities to scale up
in life. He also enlightened as to what one should do to learn from a
challenge, by accepting the challenge and turning it into a boon for one’s
life. Mr. Shyam highlighted the main factors that need to be kept in mind to
discipline, monitor and improve by facing day to day challenges and succeeding
to achieve in life by setting SMART goals.

The session was very interactive and
participants were trained in problem solving techniques in an efficient and
time bound manner and thus benefitted a lot from the meeting.

Lecture Meeting on “Developments in
Insolvency   &   Bankruptcy  
Code”   held   on 15th November, 2017 at BCAS
Conference Hall

 

Advocate Kumar
Saurabh Singh

A Lecture meeting on “Developments in
Insolvency & Bankruptcy Code” addressed by Advocate Kumar Saurabh
Singh was held on 15th November, 2017 to discuss the learnings from
the implementation of Insolvency & Bankruptcy Code (IBC) and some of the
recent changes. President CA. Narayan Pasari in his opening remarks briefed the
participants about the legislative history of the IBC and the challenges faced
by the entrepreneurs and financial institutions at the time of recovery in pre
IBC era due to multiple laws and regulations. The President also stated that
along with the GST, the IBC is also one of the emerging areas of practice for
the Chartered Accountant Community.

The Speaker started the meeting by stating
the objective of the IBC and mentioned that the new law brings the balanced
rights between the secured creditor and corporate debtor earlier not present in
the pre IBC era. “Shape up or Ship Out” was the theme emphasised by both
the President as well as the Speaker in their address to the participants.

Advocate Saurabh explained the IBC Trigger
point and also the entire IBC process i.e. 180-270 days Framework in which the
Insolvency Professional (IP) takes the control of the entire business
operation. This model is referred as “Creditor in Control” or “Committee of
Creditors”.

The Speaker also opined and debated on
various imperative issues such as allowing the existing promoter to participate
in bidding process. He also emphasised that under IBC the intent is to continue
the business as a going concern and not the liquidation.

He also talked about some of the critical
and important cases which are under IBC, such as ICICI vs. Innovative
Industries, Essar Steel India Limited vs. Reserve Bank of India
etc. He
further deliberated on the IBC case which involved the common man i.e. Home
Buyer which is IDBI Bank Limited vs. Jaypee Infratech Limited. He also
mentioned the key take away from each one of these cases and few issues which
still need to be addressed by the Insolvency Board. Thereafter, the Speaker
briefly explained various issues and concerns of the Shareholders of the
company during the entire IBC process. He also touched upon the various issues
relating to the listed companies once covered under IBC.

This being a very interactive meeting, the
participants were truly enriched with the presentation and the in-depth
insights given by the Speaker. The meeting concluded with Q & A session on
various issues relating to implementation of IBC.

Workshop on Foreign Tax Credit held on 16th
November 2017 at BCAS Conference Hall

 

CA. Himanshu Parekh

International Taxation Committee conducted a
workshop on Foreign Tax Credit at BCAS Conference Hall which was addressed by
CA. Himanshu Parekh by explaining the concept in a very lucid manner. He took
the participants through the framework under the treaties and the Income-tax
Rule 128 which has become effective recently. He dealt with the various types
of foreign tax credit mechanisms and highlighted the unique positions under
different treaties that India has entered into. The presentation was well
supported by a number of examples. He also listed down the issues which are
unresolved by the introduction of the new rules.

 

CA. P. V. Srinivasan

Thereafter, it was followed by CA. P. V.
Srinivasan’s incisive exposition on controversies surrounding Foreign Tax
Credit. His personal experience in dealing with the subject helped the
participants in understanding the nuances of the subject and his analysis of
judicial precedents on this subject also enlightened the participants. The
workshop ended with a panel discussion wherein both the learned speakers
answered all the questions provided to them before-hand and also those from the
floor.

Overall, the workshop matched the
participants’ expectations and was very well received. This is the first BCAS
workshop on Courseplay. Participants not attending the workshop could view the
course in real time. 

 

Society News

Indirect
Tax Laws Study Circle

 

Study Circle
Meeting on “Goods and Services Tax – Composite Supply, Mixed Supply, Works
Contract and Valuation” held on 21st December, 2017 at BCAS
Conference Hall

 

Indirect Tax
Laws Study Circle convened a meeting on 21st December, 2017 at BCAS
Conference Hall which was addressed by Group Leader CA. Bijal Doshi. The
Speaker discussed various issues post GST roll out such as Composite Supply,
Mixed Supply, Works Contract and Valuation etc. with relevant case
studies. Participants also shared their practical experience in dealing with
the above issues. The meeting was quite interactive and participants benefitted
a lot from the meeting.

 

Non
Residential Study Course on Ind AS held on 21st & 22nd
December 2017.

 

Accounting
& Auditing Committee organised a 2 days’ Non-Residential Study Course
(NRSC) on Ind AS on 21st and 22nd December, 2017 at Hotel
Novotel, Juhu. The NRSC was structured into 2 Case studies, 3 Presentation
papers and a Panel Discussion which dealt with important aspects of Financial
Instruments Standards (Ind AS 32, 107 and 109) perspective for Banks, NBFCs and Other Financial Institutions.

 

CA. Narayan
Pasari, President, BCAS in his inaugural speech, gave a glimpse of the
activities being carried out by BCAS and its contribution to the CA Profession
and also invited the non-member participants to become members of BCAS.

 

CA. Himanshu
Kishnadwala, Chairman of Accounting and Auditing Committee outlined the theme
of the 2 day NRSC,  which focused on Ind
AS related to financial instruments including classification, measurement,
impairment, disclosures and first time adoption issues.

 

The 1st
group discussion was held on the paper of CA. Rukshad Daruvala on Financial
Instruments-Classification (Business Model) and Measurement. CA. Rukshad
Daruvala while addressing the participants gave replies to all the queries
raised at the group discussion. It was followed by CA. K. G. Pasupathi’s paper
on Derivatives and Hedge accounting. Thereafter, CA. Ajith Vishwanathan
presented his paper on Ind AS 101 on First Time adoption issues for financial
instruments.

 

CA. Rukshad N.
Daruvala

On the 2nd
day, group discussion was held on the paper of CA. Charanjit Attra carrying
case studies on Financial Instruments on Impairment and the ECL Model. CA.
Charanjit Attra then addressed the participants on his paper and answered the
questions raised by them. After this, CA. Manan Lakhani presented his paper on
Disclosure requirement-Instrument and other related disclosures and explained
the same in detail.


CA. K.G. Pasupathi

CA. Ajith Vishwanathan

The last
session included the Panel discussion with CA. Pinky Mehta, CFO of Aditya Birla
Capital Ltd. and Mr. Gobind Jain, EVP of Kotak Bank, as the panellists for
discussion on Implementation Issues of IndAS for Financial Institutions, Banks
and NBFCs. The discussion was moderated by CA. Drushti Desai and the Chairman
of the Committee CA. Himanshu Kishnadwala, and various issues raised by the
moderators and participants were debated and replied by the panellists.


CA. Charanjit Attra


CA. Manan Lakhani


Panel Discussion: L to R – CA. Gobind Jain, CA. Himanshu Kishnadwala, CA. Pinky
Mehta, and CA. Drushti Desai

The program
was attended by 66 participants including many from Banks and NBFCs. It
was indeed an enriching experience for the participants and they benefitted a
lot from the deliberations at the NRSC.

 

“Data
Analytics for Audit and Business Decision Making-Hands on Training Work-shop”
held on 22nd December, 2017 at BCAS Conference Hall

 

CA. Nikunj S. Shah

CA. Saran Kumar

HDTI Committee
organised a meeting on “Data Analytics for Audit and Business Decision
Making-Hands on Training Workshop” on 22nd December, 2017 at BCAS
Conference Hall, to discuss the advance techniques of data analytics for Audit
and Business decision making.

 

The faculties,
CA. Nikunj Shah from Mumbai and CA. Saran Kumar from Hyderabad took on the
interactive and knowledge sessions where participants received hands-on
training on real life data from business and audit world. While CA. Nikunj Shah
focussed on how analytics can be used for business decision making, CA. Saran
Kumar shared his experience of implementing analytics in audit scenarios. The
focus of both the sessions included reading and interpreting results of
analytics followed by brain storming on how these interpretations can be used
in the decision making process.

 

The
participants found the sessions very enriching and benefitted a lot.

 

Direct
Tax Laws Study Circle

 

Meeting on
“Important Income Tax Rulings of 2017” held on 4th January 2018 at
BCAS Conference Hall

 

Direct Tax
Laws Study Circle of the Taxation Committee conducted a meeting on ‘Important
Income Tax Rulings of 2017’ at BCAS Conference Hall. The Chairman of the
session CA. Saroj Maniar gave the opening remarks and referred to the
importance of judicial precedents. The group leader CA. Priyanka Jain briefly
gave an overview of a
few important rulings and discussed the following decisions at length:

    CIT
vs. M/s. Spice Enfotainment Ltd.
: Civil Appeal No. 285 of 2014 – Assessment
framed on a non-existent amalgamating company is void ab initio.

   Godrej
& Boyce Manufacturing Company Ltd. vs. DCIT [2017] 394 ITR 449 (SC)

Applicability of section 14A to dividend income which is subject to DDT.

    Siemens
Public Communication Network (P.) Ltd. vs. CIT
: [2017] 390 ITR 1 (SC) –
Subvention received by a loss making subsidiary from its parent company

    CIT
vs. Madhur Housing and Development Company
Civil Appeal No. 3961 of 2013
(SC) – Deemed dividend income u/s. 2(22)(e).

    CIT
vs. M/s. Vodafone Mobile Services Ltd.
 
I.T.A. Nos. 331 of 2017 (AP&TS HC) – Automatic stay vacation in view
of third proviso to section 254(2A) of the Act.

    Claris
Life Sciences Ltd. v. DCIT [2017] 59 ITR(T) 450
(Ahmedabad – Trib.) (SB) –
Penal liability under section 221(1) in case of non payment of advance tax at
time of filing original return.

    ACIT
vs. Vireet Investments [2017] 58 ITR(T) 313 Del-
Trib (SB) – Non-
applicability of methodology of computing disallowance under Rule 8D to MAT.

    B.
A. Mohota Textiles Traders Pvt. Ltd. vs. DCIT
: ITA No. 73 OF 2002 (Bom HC)
– Non-lifting of corporate veil in case of family settlement involving a
corporate entity.

   Palam Gas Service vs. CIT [2017] 394 ITR
300
– Disallowance u/s. 40(a)(ia) would get triggered on non-deduction of
TDS not only on amount which is payable as on the last day of the year, but
also on amount already paid during the year.

   ACIT
vs. Shri Dilip Ranjrekar ITA No.858/Bang/2016
(Bangalore ITAT) – EPF
interest exemption only upto retirement date – subsequent interest till
withdrawal is taxable

    Late
Shantidevi Bimalchand Jain vs. PCIT
: ITA No. 18/2017 (Bombay) – Bogus Long
Term Capital Gains from Penny Stocks.

    DCIT
vs. M/s Narayani Ispat Pvt. Ltd
. :  ITA No.2127/Kol/2014 –
Interest paid on delayed payment of TDS is allowable as deduction.

 

The meeting
was very interactive and participants benefitted a lot from the session.

 

HRD
Study Circle

 

Human
Development Study Circle Meeting on “Live Stress Free” held on 9th January,
2018 at BCAS Conference Hall.

 

HRD Study
Circle of Human Development and Technology Initiatives Committee convened a
meeting on ‘Live Stress Free’ at BCAS Conference Hall which was addressed by
Ms. Zenobia Khodaiji who deliberated on the various Aspects of Living Stress
Free Life. She explained the mantra of stress free mind to lead a happy,
peaceful and successful life i.e. how to overcome stress by confidence,
self-esteem, focussed and proactive approach etc. to accomplish the
desired outcomes and objectives. She also deliberated on many other ways of
destressing e.g. talking, exercising, breathing, meditation etc. to gain
much peace and energy for a satisfying and fulfilling life.    

 

The
participants appreciated the insights given by the Speaker and benefitted a lot
from the meeting. 

 

Student
Study Circle

 

Meeting on
“Computation of ALP and issues in TP Scrutiny” held on 12th January
2018 at BCAS Conference Hall.

 

Students Forum
under the auspices of HDTI Committee of the Society organised a Students’ Study
Circle on ‘Computation of ALP and issues in TP Scrutiny’ on 12th January,
2018 at BCAS Conference Hall which was led by student speaker Mr. Vismay Tolia
under the chairmanship CA. Janvi Vakil. The objective of the study circle was
to provide a blend of conceptual clarity on Arm’s Length Price and practical
intricacies and issues in computation of the same.

 

Mr. Vismay
Tolia covered the topic on Arm’s Length Price using comparables with examples
in a lucid manner and also practically demonstrated the methodology applied in
arriving at the price.

 

The Study
Circle meeting proved to be a great value additive experience for students
especially for those who were not aware of the practicalities of Transfer
Pricing. It also proved to be a wonderful experience for the student members
and a platform to resolve their various doubts regarding Transfer Pricing.

 

The convenors
of the Students Study Circle Mr. Parth Patani & Mr. Prathamesh Mhatre urged
the students to stay connected with Students Forum through social media and
send their feedback and suggestions about the study circle, whilst encouraging
them to be a part of the Student Forum.

 

The meeting
was quite interactive and the participants benefitted a lot from the meeting.

 

Lecture
Meeting on “Future of Oil & Gas Industry” held on 19th
January, 2018 at BCAS Conference Hall.

The captioned
lecture meeting, organised at BCAS Conference Hall, was addressed by Padma Shri
Dr. Rabi Bastia, a renowned persona in the Hydrocarbon Industry who put India
into international Oil & Gas map in a short span of time. The meeting
commenced with the opening remarks by CA. Narayan Pasari, President, BCAS who
briefly touched upon the subject, followed by introduction of the Guest Speaker
by CA. Rashmin Sanghvi. The meeting was also live streamed for the participants
who could not attend the lecture in person.

 

Padma Shri
Dr. Rabi Bastia


The Speaker
explained about the unprecedented volatility observed in oil prices in recent
times from a high of $145/b in June, 2008 to a low of $27/b in Jan, 2016 mainly
due to Global unrest, OPEC production controls & Forex Volatility in
Dollar. He also brought out evolution of Electric Car & “transportation as
a service (TaaS)” business model and mentioned that there would be generation
of newer employment opportunities. The shift to clean energy could also bring
Environmental, health and social benefits and there could be barriers to
electric vehicles in terms of time line and storage issues besides grid related
issues.

 

Dr. Bastia
also talked about India’s long-term solar potential which could be unparalleled
in the world since it has the ideal combination of both high solar insolation
and a big potential consumer base density. When solar & wind energy is
unavailable, alternatives will be needed to provide more power to the grid. As
a result, there is no unique solution, no either/or to our energy demands.
According to him, the ultimate solution is a balanced mix of Oil, EVs
and Renewables.

 

Finally, the
Speaker brought out the theme “Man has evolved… so has Technology” by
highlighting changes brought in by Cell Phone Revolution, Uber`s Model and if
the same can be replicated in energy & transportation, we would have some
respite from Global Warming. The Speaker ended his talk with a theme “Man
has overpowered crises in the past; The
future will be no different.

 

At the end,
the floor was opened for Q&A session wherein the Speaker addressed all the
queries of the audience to their utmost satisfaction.

 

The meeting
was very interactive and the participants benefitted a lot from the insights
given by the
learned Speaker. _

 

Society News

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

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

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

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

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

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

4. The core themes are as under:

4.1 GDP Growth means increase in GDP :

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

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

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

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

4.5 Housing – Paradox.

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

5. The Study Circle considered following statistics:

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

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

5.2 Construction Material:

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

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

5.3 Transport:

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

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

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

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

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

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

7. Revenue:

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

8. Capital:

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

The study circle meeting concluded on a note of optimism.

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

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

Session-1: Running a Niche PSF

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

Session-2: Running a Niche PSF

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

Session-3 & 4: Aligning Human Capital

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

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

Session-5: Tools for Practice Management

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

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

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

Session-7: Panel Discussion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Day 1 – 24th June, 2016

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

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

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

Day 2 – 25th June, 2016

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

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

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

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

Day 3 – 26th June, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How Your Food can be Your Medicine.

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

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

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

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

We also learnt what can cause harm to health.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Merger and subsequent conversion into LLP

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

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

(g) Share acquisition followed by Capital reduction and merger

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Society News

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

Summarize data exceeding one million rows.

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

Get kaleidoscopic view by slicing and dicing data.

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

Quickly perform a ‘Time Dimension’ analysis on data.

Interpret results of analysis and apply it in decision making

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jhunjhunwala addressed the students through a video clip.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Shift your glance constantly from one point to another.

All errors of refraction are functional and therefore curable.

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

Eyewash tones up the eye muscles

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

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

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

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

– Acute eyesight problems need proper consultation

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

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

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

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

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

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

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

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

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

Yoga session held on 19th June 2016

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

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

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

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

Society News

FEMA Study Circle Meeting held on 17th April 2017
at BCAS Hall

On April 17th, a FEMA Study Circle Meeting was
held on the topic of Compounding Issues under FEMA. The group was led by
learned speaker CA. Rajesh P. Shah.

Mr Shah not only took participants through important FEMA
provisions applicable to compounding procedures and guidelines, but also
discussed practical issues relating to the subject matter and RBI views on the
same.

The speaker also resolved the queries of the participants.

CRASH COURSE ON ISCA FOR CA FINAL held on 21st
April 2017 at BCAS Hall

A Crash Course on Information Systems Control & Audit
(ISCA) for CA Final Group-II aspirants appearing in May 2017 Exams was
conducted on Friday, 21st April 2017 at BCAS Conference Hall. The
Speaker CA. Kartik Iyer shared his knowledge and experience in the most
practical manner on various topics like amendments for May 2017 exams, how to
Revise ISCA? etc. Memory Techniques for Easy Last Minute Revision,
Overview of all the Chapters, Exam Day Schedule and many more critical areas
were covered and explained to the attendees. The speaker gave practical
examples to understand the complexities of the subject. The session was very
interactive and participants benefitted from the course.

ITF Study Circle Meeting on “GAAR – It’s Concepts &
Examples” (Part II) held on 24th April 2017 at BCAS Hall

Acknowledging the importance and depth of the topic “GAAR –
It’s Concepts & Examples” and in continuance of the ITF Study Circle
Meeting held on 6th April 2017, the society organised another
enthusiastic meeting of the ITF Study Circle on the topic “GAAR – It’s Concepts
& Examples” – Part II on 24th April, 2017 at BCAS Conference
Hall, led ably by Group Leader CA. Siddharth Banwat.

Mr. Banwat commenced the meeting by revisiting the provisions
of sections 95 to 102 of the Income-tax Act. This meeting focused the
discussion on the examples on various issues pertaining to GAAR. He went on to
cover examples like GAAR v. POEM, Reverse Merger, Capital Gain avoidance in
LLP, Dividend v. Buyback, Off-market sale v. On-market sale, Salary Structuring,
Conversion of company into LLP, Shell/conduit company, Bank Financing, Treaty
Benefit, Taxation on payment basis in treaty, Capital Reduction v. Dividend,
Issuing OCPS to residents, Issuing CCD to Residents, Business Restructuring etc.

The members of the Study Circle discussed their experiences
on the above issues and the participants immensely benefitted from the
discussion on the subject.

Half Day Workshop on Fraud Prevention held on 28th April
2017 at BCAS Hall

HDTI Committee of BCAS
organised the workshop on Fraud Prevention on 28th April, 2017,
where defying the GST wave, a group of over 30 young as well as experienced CAs
met to get a deeper perspective on how organisations can improve their
immunity, and prevent frauds.

Vice-President CA. Narayan Pasari set the right tone in his
keynote opening remarks as he put before the participants the distinction
between Fraud Prevention and Fraud investigations; the former being proactive
effort while the latter a post-Mortem exercise. CA. Nikunj Shah highlighted and
discussed in detail the two major frameworks that are world-class bench marks
in fraud prevention. His discussion based approach and MCQs at the end of the
session ensured that the participants remain engaged throughout the session.

The 2nd half witnessed CA. Ashish Athalye
stimulating the minds of the participants in implementing the right tools,
techniques and controls to prevent frauds by making them work on various case
studies. At the end, Question-answer session addressed by both the faculties
ensured that participants left satisfied and their doubts cleared.

Full day Seminar on “Finance Act, 2017” held on 29th April,
2017 at BCAS Hall

A Full day Seminar on the Finance Act, 2017 was held by the
Taxation Committee of the BCAS at BCAS Hall, Churchgate on 29th
April, 2017. President CA. Chetan Shah gave the opening remarks followed by
introductory remarks by the Chairman of the Taxation Committee, CA. Ameet
Patel.

Various provisions of the Finance Act, 2017 were explained
ably by the following Speakers:

 

CA. Namrata Dedhia

CA. Namrata Dedhia 
spoke on the amendments carried out on provisions of the Income-tax Act
in respect of Income from other sources, TDS (except section 194-IB), Returns
and assessments, Authority for Advance Rulings, Fees for default in furnishing
return of income and Income on refund to deductor. The session was chaired by
CA. Kishor Karia who expressed his views on certain provisions.The Speaker and
the Chairman answered all the queries raised on the subject.

CA. Gautam Nayak

CA. Gautam Nayak threw light and explained the
intricacies of the amendments in respect of Taxation of Non-residents, Transfer
pricing, Chapter VI-A deductions, Special income, MAT and related sections. The
session was chaired by CA. Dilip Thakkar who expressed his views on
implications of the amendments from FEMA perspective. 


CA. Devendra Jain

CA. Devendra Jain
dealt with the provisions relating to Maintenance and audit of books, Promoting
digital economy, Taxation of house property, Section 194-IB, Penalties, Carry
forward and set off for start-up companies, Miscellaneous amendments in
business income and Exemptions. This session was chaired by CA. Ameet Patel who
suggested that the profession should support the Government’s intention to
promote digitisation and a hyper technical interpretation of the provisions
enacted to promote digitisation should be avoided.

CA. Anil Sathe

CA. Anil Sathe
discussed the provisions dealing with capital gains and related sections,
Search, seizure and survey related provisions and taxation of charitable
institutions. This session was also chaired by CA. Ameet Patel.

Two young speakers CA. Namrata Dedhia and CA. Devendra Jain
deliberated the topics on the BCAS platform for the very first time. The
sessions in the Seminar were very informative and analytical and the speakers
answered the queries raised by the participants. The participants immensely
benefitted from the seminar.

Direct Tax Study Circle Meeting on ‘Income Computation
Disclosure Standards; ICDS – 1 Accounting Policies, ICDS – 2 Valuation of
Inventories  and ICDS – 8 Securities’
held on 4th May 2017 at BCAS Hall

The Chairman of the session, CA. Sanjeev Pandit gave his
introductory remarks regarding the manner in which ICDS had been previously
notified by the CBDT and also on revised ICDS and FAQ’s issued by the CBDT
recently.

The group leader, CA. Nimesh Jain briefly explained the
conditions for applicability of ICDS and the clarification issued by CBDT in
relation to applicability of ICDS, to persons covered by presumptive scheme of
taxation. (eg. section 44AD, 44AE, 44ADA, 44B, 44BB, 44BBA). Thereafter, the
FAQ’s released by CBDT in relation to Applicability to companies which adopted
Ind-AS, applicability to computation under MAT and AMT, Applicability to Banks,
Non-banking financial institutions, Insurance companies, Power sector etc.,
Applicability of ICDS III and IV to real estate developers and Build-Operate-Transfer operators and applicability of ICDS to leases, were
discussed by the group.

Mr. Jain also explained in brief the provisions of ICDS I –
Accounting policies, disclosure requirements contained in ICDS I and the
transitional provisions. He highlighted a few issues such as non-recognition of
the concepts of prudence and materiality, conflict between the provisions of
ICDS and SC rulings and allowance of MTM loss on interest rate swaps.
Subsequently, the provisions of ICDS II Valuation of Inventories were discussed
and issue of their applicability to service providers was deliberated upon.

He further opined that ICDS II may get entirely overruled by
section 145A which contains a non-obstante clause. Then he discussed the
revisions made in ICDS VIII Securities, the standard which has been divided
into 2 parts – Part A and B. Part A applies to Securities held as stock in
trade and Part B applies to Securities held by Scheduled Banks and public
financial institutions. He described the treatment to be given in case of
pre-acquisition interest and bucket approach by way of illustrations.

The participants benefitted enormously from the meeting.

Human Development Study Circle Meeting on “Chanakya’s
Business Sutras” held on 9th May, 2017 at BCAS Hall

The meeting was conducted by HDTI Committee for the key
purpose to assess the progress of the participants of the Leadership Camp held
on 24th and 25th February, 2017. This meeting helped the
participants to understand the effectiveness of the implementation of
Chanakya’s Business Sutras in their Profession/Business to enable business
growth.

The session also helped those who had missed out the
Leadership Camp and gave them an insight into the learning at the leadership
camp, as the presenter recapitulated and summarised the learnings of the
Business Sutras of Chanakya.

The participants got mesmeried with the insights from the
meeting. 

BEPS Study Circle Meeting held on 13th May 2017
at BCAS Hall

International Taxation Committee of BCAS organised a meeting
to discuss the BEPS Action Plan 6 read with Plan 15: Preventing the granting of
treaty benefits in inappropriate circumstances & Multi-lateral Instrument
(‘MLI’). The panel of discussion comprised of CA. D S Sharma, CA. Rutvik
Sanghvi  & CA. Monika Wadhani. They
made their respective presentations on the captioned BEPS Action Plan 6 read with
Plan 15 and explained the provisions of some minimum standards like Principle
Purpose Test, Limitation of Benefits provisions etc. which all countries
have to agree.  They also discussed the
MLI and the explanatory statement and explained that the remaining provisions
(e.g. Hybrid instrument provisions, PE provisions) are not mandatory.

Each country has an option to adopt the provision, or can
choose various options given for the respective provision. It is possible that
some countries will opt for one option and the others will opt for another
option. Hence one will have to consider the DTA, the MLI, the option adopted by
the countries and then take a legal view. It will be a complicated exercise.
The background, overview, functionality, structure and possible implications of
the MLI including the way forward were discussed and deliberated in detail.

It was also informed that negotiation concluded on MLI
between more than 100 countries including India has been released by the
Organisation for Economic Co-operation and Development (OECD) on 24th November
2016. It is expected to be ratified by various countries by June 2017. Once the
MLI is ratified, it would become effective from 1st January of the
calendar year following the date of ratification. Thus, it is expected to be
effective from FY 2018-19 as far as India is concerned. The MLI provides for
anti-avoidance provisions agreed to by the countries under the BEPS programme
of the G20 /OECD. After ratification, each country will deposit the ratified document
with OECD. The MLI will not replace the DTA, it will supplement it. It will
also override the DTA on those aspects which are mandatory, and those which the
countries adopt.

The conclusion was that given the number of bilateral
decisions that are involved in designing a detailed LOB rule (including
decisions related to the content of the CIV subparagraph of the definition of
“qualified person”), the multilateral instrument was not an appropriate
instrument for the implementation of the detailed LOB rule. This removed the
pressure to design a multilateral solution to the issue of the treatment of
non-CIV funds in the detailed LOB provision.

The participants benefitted immensely from the concept and
overview of the BEPS explained by the learned speakers.

BCAS Foundation update

BCAS Foundation decided to
support– “Needy Child Project (Cancer Afflicted)” as reported last month. The
Foundation is donating Rs.25000 per month since October 2016 for the cancer
treatment of children at Tata Memorial Hospital (TMH) from its fund. The donation
is given through ImpaCCT (Improving Paediatric Cancer Care and Treatment), a
unit of TMH to monitor donations to paediatric patients.

Further, an appeal was
made to the BCAS members who donated generously for the project. Members also
managed to collect further funds for the project from the trusts they are
associated with. The Foundation arranged visits to the TMH of BCAS members in
batches to get a firsthand experience of the situation and what their generous
donation can achieve.

BCAS Foundation also
committed to sponsor diagnostic equipment of about Rs 5.25 lakh for the same
hospital. This equipment is designed to handle multiple diagnostic analysis and
reduces substantially the time taken for diagnosis. The equipment would
increase the speed, quality and efficiency of diagnosis thereby increasing
patients’ recovery rate. An appeal was circulated to BCAS Core Group members
for the equipment who have generously donated to meet that target. BCAS Core
Group are the set of volunteers who serve on the 9 committees of BCAS.

The total collection for
Tata Hospital has crossed Rs. 20 lacs. BCAS Foundation has disbursed Rs.13.88
lakh to ImpaCCT and balance will soon be disbursed to them for the medical
equipment.

BCAS Foundation will
support the “Needy Child Project (Cancer Afflicted)” on an ongoing basis. We
are grateful to the members for their generous response to the call of donating
towards alleviating one of the worst forms of human suffering.

Society News – II

GST Seminar at Ahmedabad
jointly with CA  Association of Ahmedabad
held on 23, June, 2017

BCAS held a one day seminar on GST jointly with Chartered
Accountants’ Association of Ahmedabad (CAA). The object of the conference was
to disseminate the views of eminent faculties who have carried out in depth
study of newly enacted law of GST together with their vide experience in
profession. CA Puloma Dalal, CA Chirag Mehta and CA Dushyant Bhatt, faculties
from our Society spoke on various areas of GST at length at the full day
seminar. The seminar was attended by 85 participants.  

CA. Puloma Dalal

CA. Chirag Mehta

CA. Dhushyant Bhatt

In the first session CA
Puloma Dalal gave the participants an overview of GST law including the concept
of Supply under GST and provisions relating to liability to pay Tax and Time
and Value of Supply

CA Chirag Mehta gave a
detailed presentation on provisions relating to return filing and took the
participants through the process of filing of returns. He also discussed the
statutory provisions relating to Input Tax Credit under the GST Law and the
concept of matching of ITC under the GST Law

CA Dushyant Bhatt
discussed the provisions relating to job work and dealt with various issues to
be addressed by the entity carrying out job work as well as by the entity
sending material for job work, payment of tax, TDS and E-Commerce provisions
including TCS.

A one and half hour long
interactive panel discussion was held where various questions of the
participants were taken up by the three speakers. Participants benefitted a lot
from the meeting.

GST Workshop with IMA Indore held on 24th June,
2017 at Indore

BCAS jointly with Indore Management Association (IMA)
organized Exclusive Workshop on Saturday, June 24, 2017 at Brilliant Convention
Centre, Indore titled “Fasten Your Seat Belt-GST ready for take off”.

Faculty for this workshop
representing BCAS comprised of CA. Rajat Talati, and CA. Deepak Thakkar. CA.
Santosh Muchhal, President, IMA welcomed the delegates and thanked BCAS for
this workshop. President (Elect) of BCAS CA. Narayan Pasari in his welcome
speech introduced BCAS to the gathering. He also mentioned that GST is a
win-win reform for everyone and will have lasting benefits for businessmen,
Government, consumers and professionals.

CA Rajat Talati started the first session by stating that GST
is an Integrated Tax Regime which will reduce Policy Paralysis in Indian
Economy. It will also avoid Double Taxation problem which of late is posed as a
major threat for the Indian Economy.

CA. Talati explained that
Goods and Service Tax (GST) is a destination based tax on consumption of goods
and services. It is proposed to be levied at all stages right from manufacture
up to final consumption with credit of taxes paid at previous stages available
as setoff. In a nutshell, only value addition will be taxed and applicable tax
is to be borne by the final consumer.

CA Deepak Thakkar took the
2nd Session and explained that Goods and Services Tax (GST) will be
levied at multiple rates ranging from 0 per cent to 28 per cent. GST Council
finalized a four-tier GST tax structure of 5%, 12%, 18% and 28%, with Zero to
lower rates for essential items and the highest for luxury and de-merit goods
that would also attract an additional cess. Goods and Service Tax on services
will go up from 15% to 18%. The services being taxed at lower rates, owing to
the provision of abatement, some services such as train tickets etc will fall
in the lower slabs.

It would be a dual GST with the Centre and States
simultaneously levying it on a common tax base. The GST to be levied by the
Centre on intra-State supply of goods and / or services would be called the
Central GST (CGST) and that to be levied by the States would be called the
State GST (SGST). Similarly Integrated GST (IGST) will be levied and
administered by Centre on every inter-state supply of goods and services. The
GST will be shared by the Centre and the respective State equally.

CA. Rajat Talati

CA. Deepak Thakker

He also mentioned that
there are many benefits available to small tax payers under the GST regime. The
two speakers answered the many questions raised by the participants at the end
of their sessions.

The joint workshop was a very enriching experience for the
140 participants.

Two days seminar on GST
for Trade, Industry and Professionals held on 24th& 25th
June 2017 at Ghatkopar

This two day seminar was held at
Zaverben Auditorium, Ghatkopar where 725 participants attended comprising of
chartered accountants and members of trade and industry.


CA. Sunil Gabhawalla


CA.Mandar Telang

 

CA. Shreyas Sangoi

 

CA. Ashit Shah

The Seminar covered almost
all aspects of Final GST law comprising of Integrated Goods and Service Tax
Act, Central Goods and Service Tax Act and State Goods and Service Tax Act
along with the rules enacted by the Government. The eminent Speakers explained
the salient features of the law including the concept of supply, classification
of goods and services, time and place thereof, value of supply, charging
provision, threshold exemption, transition provisions, composition scheme,
registration, maintenance of records, tax invoice, payment of GST including
under reverse charge, returns and other compliances, input tax credit including
Input Service Distribution Mechanism, export and import of goods and services
including SEZ, job work under GST, etc. The learned Speakers from BCAS included
CAs Sunil Gabhawalla, Samir Kapadia, Rajkamal Shah, Naresh Sheth, Jayesh Gogri,
Mandar Telang, Ashit Shah and Shreyas Sangoi. Advocate Shailesh Sheth also gave
his valuable inputs on GST at the Seminar. At the end of the seminar, there was
specific industry wise panel discussion covering, textile and garment
manufacturers, gem and jewellery, stock brokers, mutual fund and insurance
agents, transport and logistics, C & F agents, tour operators and travel
agents, builders & developers, works contractor, co-operative housing
societies, caterers, hotels & restaurants, SMEs, retailers, traders and
small scale manufacturers, leasing and right to use goods, job worker and
service providers. The overview of the new indirect tax law replacing plethora
of numerous laws and detailed discussion on each subject and dissemination of
latest knowledge alongwith industry specific panel discussion generated lot of
interest amongst the participants making the seminar interactive to a large
extent. All participants were fully enriched by the deliberations at the
Seminar.

CA. Naresh Sheth

CA. Rajkamal Shah

CA. Samir Kapadia

Lecture Meeting on GST
& CAs – Impact on Compliance & Practice held on 27th June,
2017

Indirect Taxation
Committee of BCAS organised a lecture meeting on “GST & CAs – Impact on
Compliance & Practice” on 27th June, 2017 at K. C. College Auditorium,
Churchgate which was addressed by CA. Sunil Gabhawalla.


CA. Sunil Gabhawalla

With GST becoming a reality,
there were many issues which were faced by the practising chartered accountants
like the impact on billing under the Service Tax law and receipt under the GST
regime, paying tax on procurements from unregistered vendors, concept of supply
and place of supply with respect to clients being located in other states, a
multi-locational firm etc. CA, Gabhawalla explained about the new GST Law, its
challenges and compliances and how it is going to impact practicing Chartered
Accountants. He also enlightened on the Composition Tax and monthly return
filing process under GST. 

The speaker explained in detail and in candid way the
challenges that a practising chartered accountant would face, He also answered
a few queries raised by the members.

The participants benefitted a lot from the meeting.

‘New Curriculum of CA
Course – Has the bar been raised? organised on 5th July, 2017 at
BCAS.

HDTI Committee had organised a talk on ‘New Curriculum of CA
Course – Has the bar been raised?’ by Member of Central Council of ICAI, CA
Nihar Jambusaria.

The talk was organised for students who are eligible to
appear for CA exams under new syllabus and having their doubts regarding the
same.

CA Nihar Jambusaria meticulously explained each and every
aspect of the new curriculum and also provided a comparative analysis between
the old and new curriculum. The talk was followed by an extensive ‘Q&A’
session wherein students sought clarifications for their doubts and the speaker
positively answered all their queries.

The talk received overwhelming response from the student
fraternity. Further, quite a lot of students also took the benefit of live
streaming of the seminar at their respective places or CA firms.

The talk provided valuable
guidance to all students and was widely appreciated. 

Study Circle Meeting on
Technology Trends: Impacts of Artificial intelligence, Machine learning,
Drones, Big Data held on 5th July, 2017 at BCAS Conference Hall.

At this study circle meeting, Mr. Nikunj Sanghvi, a Mobile /
Digital Professional from USA, shared his insights on the upcoming technology
trends and their probable impact on businesses going forward. He started by
explaining the trend of expectations towards new technologies – how they
initially reach a peak followed on by disillusionment as the technologies are
not as good as expected and later on get slowly accepted by public at large. He
covered many different innovations including drones, augmented reality, digital
twins, big data, artificial intelligence & machine learning, intelligent
apps, autonomous vehicles, speech recognition and voice interfaces, block chain
and crypto currencies.

Mr Sanghvi also explained these innovations and their impact
which are already seen in some business areas. For example, using drones,
auditors are doing a physical check of goods in large warehouses in a day which
otherwise would take them weeks! On giving such other examples, the immediate
query from the group was what will happen to many existing jobs. Mr Nikunj
mentioned that while there may be jobs which are lost as and when these
technologies become mainstream, he was positive that there will be many newer
jobs which people will be able to fill in. His point was that Man’s wants are
unlimited and even if a few wants are met by these new technologies, there will
be many more which will remain unfulfilled. Therefore, there may be no need to
worry unnecessarily for job losses.

The meeting ended on this positive note and participants
benefitted a lot.

69th
Foundation Day Lecture Meeting on “ENERGising India-Changing Paradigm for
Professionals” held on 6th July, 2017 at Garware Club House,
Churchgate, Mumbai

A lecture meeting on “ENERGising India-Changing Paradigm for
Professionals” was held on 6th July, 2017 on the occasion of 69th
Foundation Day of the Society which was addressed by our Hon’ble Union Minister
of State (IC) for Power & Renewable Energy CA. Piyush Goyal.  President CA. Chetan Shah briefly touched
upon the GST regime and also shared the profile of Mr Goyal while welcoming the
Chief Guest and then requested him to address the august audience.

CA. Piyush Goyal – Minister
of State for Power, Coal, New
and Renewable Energy and
Mines (Independent charge)

Mr Goyal started his oration with the past memories of his
BCAS membership and appreciated the caricature of the cover design of GST issue
of July Journal stating that the cover design is very well presented. He then
talked about the GST Bill and explained how GST Council has been empowered to
function without any interference from the Government. Mr Goyal also emphasized
that GST is a great testimony with the culmination of 17 taxes into one tax
“GST” where the Traders, Businessmen, Manufacturers and others will get the
Input Tax Credit when goods move from one place to another. This transformation
would help to curb inflation, bring transparency, eradicate the atmosphere of
uncertainties and corruption, eliminate black money etc. This revolutionary
step has been taken by the Government in the national as well as public
interest without any political opportunism. 

 

BCA Journal – GST Special Issue Release
L to R : CA. Sunil Gabhawalla, CA. Narayan Pasari, Shri Piyush Goyal (Speaker), CA.
Chetan Shah (President), CA. Manish Sampat, CA. Suhas Paranjpe, CA.Abhay Mehta.

On the topic of the Lecture Meeting “ENERGising
India-Changing Paradigm for Professionals”,
he cited Mahatma Gandhi Quote
that we are the trustees of the Planet and it is our collective responsibility
to keep the environment clean, abolish pollution and adapt to healthy and
hygienic climate changes for better quality of life for 1.25 billion Indians.
Our inhabitants especially in the rural areas cannot afford to live without
electricity, shelter, transportation, medical facilities etc and Government has
taken strong steps to provide these amenities to majority of the villages and
would reach the zero defect in a phased manner. Mr Goyal also informed the
gathering that at present, India is energy surplus and self-sufficient in Power
Distribution. As per the world standards, we are contributing to clean energy
and reducing pollution levels. He also urged upon the citizens to use LED bulbs
to conserve the energy and contribute in Nation Building. Besides, Mr Goyal
also remembered our armed forces and assured to provide them with the most
modern equipment and technology to fight any internal and/or external threat.

 

Audit Checklist Publication Release
L to R : CA. Raman Jokhakar, CA. Sunil Gabhawalla, CA. Narayan Pasari, Shri
Piyush Goyal (Speaker), CA Chetan Shah (President), CA. Manish Sampat, CA.
Suhas Paranjpe, CA Abhay Mehta

He thereafter appealed to the Chartered Accountants
Fraternity to strengthen and upgrade the audit standards to curb the Tax
evasion/avoidance and further transform the future of India, because CAs are
the force to reckon with in the professional industry.

At the end, he expressed confidence that Chartered
Accountants can do a lot for the public good and make India again.

The audience got mesmerized with Mr Goyal’s presentation
skills and gained a lot from the insights straight from the heart and from his
spellbinding Speech.

Lecture Meeting on “Recent Developments in Taxation of
Capital Gains” held on 11th July, 2017.

Taxation Committee of BCAS organized a Lecture Meeting on
Recent Developments in Taxation of Capital Gains on 11th July, 2017
at IMC, Churchgate, Mumbai. The first meeting of the year at BCAS which
commences from the Founding Day, 6th July, was addressed by CA.
Pinakin Desai wherein he explained about the Notional Taxation w. r. t. Fair
Market Value (FMV) of unlisted equity shares under Sec 50CA, shift of base year
for indexation from 1981 to 2001 to compute the cost of bonus shares and
amendment to Sec 10 (38) with background and notification on 3rd proviso
to Sec 10(38). He also discussed about the Protocol to India – Mauritius Treaty
with emphasis on Mauritius and Multilateral Treaty (MLI) and protocol amending
India-Singapore Treaty. CA. Pinakin Desai further explained about the valuation
of shares under Normative Valuation with draft valuation rule notified u/s. 50
CA and issues under normative valuation. He also deliberated on Sec 195 –
withholding actual or notional consideration for Sec 50 CA. 



CA. Pinakin Desai

Mr Desai also explained the
above topics with case studies on (i) resolving normative valuation of shares
as per draft notification, (ii) valuation of unquoted equity shares, (iii)
acquisition in IPO, (iv) acquisition pursuant to merger, (v) gift of shares,
(vi) Inter-se promoter transfer, (vii) direct transfer vs. indirect transfer,
(viii) impact of dividend distribution and (ix) case study under
India-Mauritius Treaty.

The hall was packed with
the audience and it was a very fulfilling and enriching experience for the
participants to benefit immensely from the meeting.

GST Training Seminar Jointly with NACIN held from 13th
July to 15th July, 2017 at BCAS Hall

With the roll out of GST on
1st July, 2017, the 3rd batch of GST Training Seminar for
Trade, Industry & Profession was organised by Indirect Taxation Committee
of BCAS jointly with the National Academy of Customs, Indirect Tax and
Narcotics (NACIN), to make understand the intricacies and the importance of GST
laws & provisions.

CA. Mandar Telang

CA. Shreyas Sangoi

 

CA. Chirag Mehta

CA. Govind Goyal

The purpose of holding such training workshop
was dual – one to educate the trade and industry about the new legislation and
more importantly, partnering Government in disseminating information about this
landmark “One Nation One Tax”.

 The speakers at the Seminar were BCAS members
accredited by the NACIN as GST Trainers, and a few officials from the GST
department. The faculty from BCAS included CAs Chirag Mehta, Dushyant Bhatt,
Govind Goyal, Mandar Telang, Naresh Sheth, Rajkamal Shah, Shreyas Sangoi and Ms
Vishaka Borse, & Mr, Shrikant Shaligram from the GST Department.

CA. Naresh Sheth

CA. Dushyant Bhatt

 

CA. Shrikant Shaligram


CA. Rajkamal Shah

The participants immensely benefited from the training
programme.

Dharampur Noble Social Cause Visit – on 15th &
16th July, 2017

The visit to Dharampur was
organised for two days by the Human Development and Technology Initiative


Dharampur Noble Social Cause Visit

Committee of BCAS jointly
with BCAS Foundation, for Tree Plantation, Eye Camp project and visit to
various NGOs, at Dharampur. These NGOs are engaged in the various social
welfare activities for Holistic growth of Tribals located in the remote
interiors. A Team of 24 enthusiastic volunteers including students who were
willing to take active participation in this noble mission joined the trip.

Sarvoday Parivar Trust (SPT)

The SPT is a NGO, following
Gandhian philosophy and engaged in various tribal welfare activities in the
field of Education / Health / Agriculture / Water management / Environment,
etc. The BCAS Foundation committed for plantation of 3,000 trees to SPT. The
team also visited the Residential School run by the SPT which is home to more
than 350 children from nearby villages.. This residential school has encouraged
poor labourers and farmers in the tribal areas to send their children for
further studies. It has helped in reducing child labour, child marriage and
other social evils which takes place mainly due to illiteracy and poverty.
Members had good interactions and time with them. The School premises are old
and needs to be renovated and upgraded to provide better amenities to children.
BCAS Foundation has committed its full support for the redevelopment and
upgradation of school/ hostel.

Avalkhandi Kelavani Trust (AKT)

The AKT is an NGO which
carries out various activities in Education & Water Management in the
villages of the most backward forest of Dharampur, running a government School
where approximately 300 students are studying & has one Chhatralaya whereby
180 children are accommodated for stay from other villages who would have
otherwise been deprived of education. The BCAS Foundation committed for
plantation of 2,500 trees to AKT. On behalf of BCAS Foundation, team
distributed kits for outdoor games like cricket / Football/ Badminton  / Flying Dish etc  and many educational games at AKT for their
children. The BCAS Foundation contributed Rs. 30,000/- for setting up a library
in the Chhatralaya.

The team viewed the various
check dams created on mountains in the process of water management.

Dhanvantri Trust (DT)

The trust is founded and
managed by Dr. Kirtikumar Vaidya, from Mumbai who left Mumbai at a young age
& has dedicated his life for socio economic rural development of tribal
villages of South Gujarat. With divine blessings he started an Eye Hospital in
Vansda. Our team member had contributed Rs. 63 lakh for setting up Hospital
with latest Equipment & Technology for treating and curing all types of Eye
Surgeries.

BCAS Foundation sponsored 201 Eye Surgeries for poor Tribals & has
dedicated support for 50 more, thanks to contribution & support of Esteemed
Donors, amounting to Rs.2.01 lakh.

Dr. Vaidya proposed to set up a school in Vansda. BCAS Foundation has
committed their support for the same.

The   trip for Tree plantation
drive and the Eye Camp was truly enriching, enlightening and educational too
for the visiting members and students. The memories treasured from the trip,
would always encourage and motivate them to participate more in such events
which would be beneficial to the society at large.

Direct Tax Study Circle Meeting on ‘Income Computation
Disclosure Standards; ICDS V Tangible Fixed Assets, ICDS IX Borrowing Costs
& ICDS X Provisions, Contingent Liabilities & Contingent Assets’ on 15th
July 2017

The Chairman of the
Meeting, CA. Anil Sathe gave his opening remarks and raised some issues
relating to ICDS which could face litigation in the long run. The Group leader,
CA. Dhaval Desai drew attention to an extract from the Supreme Court decision
in Woodward Governor 312 ITR 254 wherein the Hon’ble Supreme Court observed
that for income tax purposes, profits are to be computed in accordance with the
ordinary principles of commercial accounting unless, such principles stand
superseded or modified by legislative enactments and this is where section
145(2) comes into play.

Thereafter, the group
leader briefly explained the provisions of ICDS IX ‘Borrowing Cost’-
recognition principle, definitions of borrowing cost and qualifying assets. He
explained the provisions of capitalisation in respect of specific borrowings
and general borrowings and the provisions relating to commencement and
cessation of the capitalisation. He mentioned that as per Accounting Standard
16, an asset qualifies to be a Qualifying Asset only if it takes substantial
period of time to get ready for its intended use or sale, however ICDS has done
away with the criteria of ‘substantial period of time’ (except for inventories)
and this would lead to a huge difference between the capitalisation of
borrowing costs as per books and capitalisation as per ICDS.

The group leader further
touched upon the provisions of ICDS X ‘Provisions, Contingent Liabilities and
Contingent Assets’. He mentioned the yardstick for recognition of a provision
‘probable’ as per Accounting Standard 29 has become stricter under ICDS wherein
the term ‘probable’ has been substituted with ‘reasonably certain’. Similarly,
in case of contingent assets, the term ‘virtual certainty’ used for recognition
as per AS 29 has been substituted with ‘reasonably certain’ under ICDS. He
commented that such provisions would certainly lead to preponement of income
and postponement of deduction of expenses. The group leader touched upon
transitional provisions contained in ICDS X.

Subsequently, CA. Dhaval
briefly explained the provisions of ICDS V ‘Tangible Fixed Assets’. He
highlighted one of the differences between existing AS and ICDS with regard to
treatment of expenditure between trial run and commercial production. In this
context, Revised AS 10 mandates such expenditure to be revenue in nature
whereas CBDT clarification on ICDS states that such expenditure should be
treated as capital expenditure.

The participants benefitted a lot from the
meeting.

Society News

Seminar on Advanced Excel held on 25th & 26th November 2016 at BCAS Hall, Jolly Bhavan, Churchgate

Advanced Excel Workshop held on 25th and 26th November, 2016 was aimed at giving the participants a hands-on at sharpening their MS Excel skills. The faculty was CA. Nachiket Pendharkar, who is a microsoft certified trainer and Excel expert.

The faculty covered topics like Pivot Tables, What-if Analysis, Array Formulas, Fuzzy Lookup etc. which were well received by the participants. The participants were given study material for future reference.

The workshop received a very good response. There were in all 34 participants from various locations like Ahmedabad, Bharuch, Goa and Pune.

17th Certificate Course on DTAA-2016-17 held from 3rd December 2016 to 28th January 2017 at BCAS Hall, Jolly Bhavan, Churchgate

The 17th batch of Certificate Course on DTAA, the flagship program of the Society was successfully conducted at the BCAS Hall from 3rd December, 2016 to 28th January, 2017. The course was held over 7 Saturdays with 4 sessions each. The course was aimed at imparting middle-level knowledge on conceptual aspects and interpretation of Tax Treaties. All the Articles of UN Model Convention were explained to the participants along with presentations, practical examples and case studies. Additionally, relevant and contemporary subjects such as BEPS and provisions of Section 195 relating to TDS on income of Non-residents were also covered.

A total of 73 participants enrolled for the Course. Out of this, 56 participants were from Mumbai and the remaining participants were from Ahmedabad, Ajmer, Goa, Hyderabad, Kolkata, Navi Mumbai, Pune, Thane and Ulhasnagar. The course received an over whelming response from 25 BCAS members and 48 non-members. BCAS had 25 Eminent Faculties who delivered lectures at the Course. The faculty members were renowned Chartered Accountants/Advocates in their chosen field of expertise for past many years and generously shared their knowledge and experience with the participants. The Course was very well received and appreciated by the participants on the academic as well as organizational counts.

At the end of the Course, for the first time, Multiple Choice Questions Test was held at the end of the course and the successful candidates have been awarded the Certificate of Passing. The Faculties along with 3 top scoring participants were felicitated by the International Taxation Committee meeting held on 15th March, 2017.

Panel Discussion on Finance Bill, 2017 for students of N. M. College held on 1st February 2017 at N. M. College

After demonetisation, the next significant event was the Union Budget 2017 preponed this year to February 1, 2017 and for the very first time the Railway Budget was merged with the Union Budget. This year, the Finance Bill 2017 came with more focus on international taxation and transfer pricing norms. The Modi Government seems to make a budget in a view of “Rob Peter to pay Paul”. The bill proposed changes in tax structures for the low-income categories, boost to affordable housing and higher surcharge for the higher income sectors.

A session on the amendments by the Finance bill, 2017 was scheduled for the students of N. M. College. The session began with the students of Finance & Investment Cell of N. M. college introducing the speakers with the details of the discussion. The Session was inaugurated by Vice President, BCAS CA. Narayan Pasari. The students gave a warm welcome to the speakers CA. Ameet Patel and CA. Sushil Lakhani.

CA. Ameet Patel articulated with examples the details and intricacies of direct tax. He enthralled the students with his lucid style, talking about demonetisation and how digital economy is  coming to the forefront today. The changes made in TDS regulations and changes in areas of capital gains were widely covered. The benefits that would be extended to business in a digital economy was also well articulated.

Thereafter, there was a presentation by CA Sushil Lakhani who gave the students an insight into the area of international taxation. He detailed the areas of changes in BEPS, Equalization Levy with case studies of Apple and Google. He covered various areas of different treaties entered into and the way and reasons why countries enter into such treaties. He also touched upon the various changes made in the Finance Bill, 2017 in simple and explanatory format for the students to relate to international taxation.

The floor was then open for Q&A and students raised questions on various aspects of both direct and international taxation. The session ended with a vote of thanks to the speakers.

Lecture Meeting on Indirect Tax Provisions proposed by Finance Bill, 2017 including Constitutional Aspects of GST held on 9th February 2017 at BCAS Hall, Jolly Bhavan Churchgate

The Lecture meeting on indirect tax provisions proposed by Finance Bill, 2017 along with certain Constitutional Aspects of GST was held on 9th February 2017. Mr. Vikram Nankani, Senior Advocate analysed not only the Budget proposals but also a few of the recent amendments in service tax like taxation of prepaid import freight, B2C online information and database access services, etc. Thereafter, the speaker expressed his views on the proposed GST Regime and touched upon some issues likely to arise in view of the Constitution Amendment Act, taxation on intangibles, inclusions and exclusions of certain items in the new GST. He discussed about the interpretation of the Article 366(29A) pertaining to deemed sales in the context of GST. He elaborated on the tax treatment of works contracts under GST. Advocate Vikram Nankani also addressed participants’ queries with respect to GST and the implementation. The eager participants had many queries on the practical applicability of GST on various products and services. The speaker responded to each in detail.


Adv. Vikram Nankani

The Q&A session was well received and various issues related to GST were discussed. The session ended with a vote of thanks.

Lecture Meeting addressed by CA. T. P. Ostwal on Budget 2017 and Recent Announcements on Provisions Relating to International Taxation held on 13th February, 2017 at IMC jointly with International Fiscal Association – India Branch and Chambers of Tax Consultants.

The Lecture meeting was addressed by CA. T. P. Ostwal, who gave a presentation discussing the various amendments with regards to International Taxation. This included the insertion of new section 92CE bringing in the concept of secondary adjustments to Indian Transfer Pricing regime. He further discussed on the insertion of new section 94B to introduce Thin capitalisation regime in Indian Taxation context. The meeting also covered a brief overview of various other amendments such as clarification on Indirect Transfer Provisions, changes in Taxation of “Masala Bonds”, and clarifications introduced with respect to interpretation of terms used in Tax Treaties.
The Lecture was very well received by the participants.

Human Development Study Circle Meeting to watch the DVD – Video Talk on “Thought Leadership” held on 14th February, 2017 at BCAS Conference Hall

The discussion was led by CA. Vinod Jain. He gave a small introduction before the DVD was screened. The talk was so absorbing that it was an undisturbed screening of 120 minutes.

The Lessons learnt from this video talk are discussed hereunder:

Good people have to learn to come together and work together, may be from the bad people since bad people are more organised, motivated and have better team spirits.

Though we are not born great, greatness can be achieved. One has to achieve first, self-leadership than external leadership. If you cannot lift yourself, you cannot lift others.

Speed of the train mainly depends upon the speed of the engine. Hence, business cannot grow, if the businessmen at the helm of the business do not continue to grow. In many cases, we ourselves become a bottleneck in our own organisation. Without getting ourselves right, we cannot achieve anything.

The Demand of Our Roles is growing faster than demand of us as an individual. As such one needs to continue to develop ourselves, in this fast changing world. Even method of parenting between two children need to be changed, since the way first child is successfully brought up, same method of parenting would not help in bringing up the second child. 

We should be careful about our thinking. “What you think you become” said Buddha. “Mind in itself can make a heaven of hell or a hell of heaven.” said poet John Milton. “If you think you can or think you can’t, either way you’re right.” – Henry Ford – “Whatever the mind can conceive and believe; the mind can achieve” Napoleon Hill – “God never gives us an idea, without power to achieve it”.

We should be careful about our words and should replace word “Problem” with “Challenge”.  We should drop filthy words from our vocabulary.

We should become an opportunist in thinking. Acid destroys the vessel that contains it. We should not keep bad thoughts about people in our mind. Never hold any blemish close to our eyes.

We should choose to see, what we want to see.  We should focus on the magnificence of beautiful things.

Our mind is divided in 1/8th as conscious and 7/8th as subconscious mind. Subconscious mind does not understand positive emotions and negative emotions. It understands deep emotions and shallow emotions.   Anything positive in your life, speak 5 sentences. Anything negative in your life, speak just in one sentence. Do not miss celebration of positive happening in life. The participants were interested in more such movie screenings for Study Circle Meetings.

Panel Discussion on the Finance Act, 2017 held on 20th February, 2017 at BCAS Hall, Jolly Bhavan, Churchgate

Panel Discussion on Finance Act, 2017 was held by the Taxation Committee of the BCAS at BCAS Gulmohar Hall. The event saw attendance by over 100 participants and more than 300 members viewed it live on BCAS YouTube Channel. President CA.Chetan Shah gave the opening remarks followed by introductory words from the Chairman of the Taxation Committee, CA. Ameet Patel. The distinguished panel consisted of CA. Pinakin Desai, CA. Hitesh Gajaria, CA. Deven Choksey and was moderated by CA. Ameet Patel.


L to R – CA. Pinakin Desai, CA. Hitesh Gajaria, CA. Deven Choksey and CA.
Ameet Patel

Various questions were posed to all the three panelists by CA. Ameet Patel.

–    CA. Pinakin Desai gave his views with an in-depth analysis on questions related to amendments proposed to Joint Development Agreements, Charitable Institutions, Measures to discourage cash transactions, Long term Capital Gain on non – STT paid shares and many others.
–    CA. Hitesh Gajaria gave his views with statistics on various questions related to change in rates of Income Tax, Thin Capitalisation, Secondary Adjustments and other provisions.
–    CA. Deven Choksey gave his views on the overall impact and reactions of capital markets on the budget. He also talked on the various  amendments with respect to penny stocks and FII/FPIs.

Overall, the Panel Discussion was well received and the participants benefited immensely with the expert analysis of the panel on the proposed amendments in the Finance Bill, 2017.

Budget & Economic Survey 2017 held on 22nd February, 2017 at BCAS Hall, Jolly Bhavan, Churchgate

CA. Harshad Shah and CA. Kapil Sanghvi (Jamnagar) presented finer economic aspects of Budget & Economic Survey 2017 to members at the International Economics Study Group meeting held on 22nd February, 2017.

The refreshing feature was specific commitments by government in terms of values and dates.
The Budget proposals were divided in 10 distinct themes under the overarching agenda of “Transform, Energise and Clean India” (TEC India).

Farmers: To double the income in 5 years; Credit fixed at record level of Rs. 10 lakh Cr.; Model law on contract farming, Agriculture sector is estimated to grow at 4.1% in 2016-17 as opposed to 1.2% in 2015-16; Govt. to set up mini-labs for Soil Health. Rural Population: providing employment and basic infrastructure; Mission Antyodaya to bring Rs. 1 Cr. households out of poverty by 2019, MGNREGA: Rs. 48,000 Cr., Prime Minister Gram Sadak Yojana: Rs. 19,000 Cr. (Rs.27, 000 Cr incl. State Share), PM AwasYojana: Rs. 23,000 Cr, 100% village electrification by May 2018, Rs. 1, 87,223 Cr. allocated for rural programmes (24% Higher). Youth: energising them through education, skills and jobs. Poor and the Underprivileged: strengthening the systems of social security, health care and affordable housing. Infrastructure: for efficiency, productivity and quality of life; Total allocation for infrastructure: Rs. 3.96 lakh Cr.  Financial Sector: Growth and stability through stronger institutions. Digital Economy: for speed, accountability and transparency. Public Service: effective governance and efficient service delivery through people’s participation. Prudent Fiscal Management: to ensure optimal deployment of resources and preserve fiscal stability. Tax Administration: Direct tax collection not commensurate with income/expenditure pattern of India, We are largely a tax non-compliant society.

Economic Survey 2016-2017
This year’s Survey comes in the wake of a set of tumultuous international developments – Brexit, political changes in advanced economies (Germany, France, and Netherland, Italy) – and two radical domestic policy actions: the GST and Demonetisation. Demonetisation has hit India’s growth by 0.25-0.5% of GDP. GDP growth is estimated at 6.75-7.5% next year, well below the “sweet spot” of over 8%, the rupee has strengthened by 8.3-10.4% in the last two years. India’s growth rate is set to accelerate to 8-10% in 2-5 years.Risks to Indian Economy-Oil Prices, Rising Dollar Value, Volatile Commodity Prices.

The Economic Survey brought out 8 Interesting Facts about India

(A)    India on the Move and Churning: About 9 million people, almost double what the 2011 Census suggests are migrating.

(B)    Biases in Perception: China’s credit rating was upgraded from A+ to AA- in December 2010 while India’s has remained unchanged at BBB.

(C)    Income, Health, and Fertility:

(D)    Convergence Puzzles: India does well on life expectancy, not-so-well on infant mortality rate, and strikingly well on fertility rate and India’s low level of expenditures on health (and education) have been the subject of criticism Infrastructure and Connectivity, Redirecting flows to households. Political Democracy but Fiscal Democracy? – India has 7 taxpayers for every 100 voters ranking us 13th amongst 18 of our democratic G-20 peers. Demographic India’s Soon-to-Recede Demographic Dividend. Working age to non-working age population will peak later and at a lower level than that for other countries but last longer. Demography provides potential and is not destiny.  India Trades More Than China and a Lot Within Itself. One Economic India (GST) – Why Does India Trade so Much? Divergence within India, Big Time.

(E)    The ‘Other India’: Two Analytical Narratives (Redistributive and Natural Resources) on States’ Development. (Unconditional Convergence in GDP per capita), Economic Vision for Precocious, Cleavaged India. Absenteeism, corruption, clientism and red tape dominate our system. One consequence is inefficient redistribution to the poor. Hundreds of welfare schemes fail to reach the masses.

(F)    Clothes and Shoes: Can India Reclaim Low Skill Manufacturing. Meeting the challenge of jobs may require paying attention to labour-intensive sectors such as Leather & Textiles.

(G)    Tax Potential Unexploited: Evidence from satellite data indicates that Bengaluru and Jaipur collect only between 5% to 20% of their potential property taxes.

(H)    Demonetisation: To Deify or Demonise? Demonetisation has been a radical, unprecedented step with short term costs and long term benefits and could have particularly profound impact on the real estate sector.

CA. Kapil presented Twin Balance Sheet Problems of Corporate & Banking Sectors, Fiscal Frame work and Universal Basic Income.

Panel Discussion on the Finance Bill, 2017 held on 22nd February, 2017 at HR College, Churchgate.

Discussion on Finance Bill, 2017 was held by BCAS as invited by HR College to talk to their students. The event saw attendance by over 50 students. Chairman of the Taxation Committee, CA. Ameet Patel gave the opening remarks followed by introductory words highlighting the first combined budget presented on 1st February 2017 after the merger of Railway Budget with the Union Budget. A prominence of Union Budget was in the memory of “demonetisation” efforts of the government which provides for growth in a very difficult environment.

The speakers consisted of CA. Ameet Patel, CA. Samir Kapadia (on GST & Other Indirect Taxes) and CA. Siddharth Banwat.

Proposed amendments in Union Budget – Direct taxes and Indirect taxes were covered with most of practical live examples faced by the industry. The following features and key steps initiated by the government which plugged to abuse tax provisions were discussed:

1.    Proposed amendment – Direct Taxes, broader aspects covered
–    Tax rates
–    Capital gains
–    Restrictions on cash transactions
–    Threshold limit under section 44AA – maintenance of books of account
–    Rebate under section 87A of the Act
2.    Indirect taxes – Rationalisation under GST provisions
3.    Abolition of Black money
4.    Prohibition of Benami Transactions
5.    Income disclosure scheme of 2016
6.    Demonetisation of high-value currency notes
7.    Electoral reforms
8.    High level discussion on Investment strategies and tax saving benefits
9.    Digital India
10.    Cashless economy

Various questions were posed to all the three speakers by some students.

–    CA. Ameet Patel gave his views with in-depth analysis on questions related to investment strategies and tax saving benefits.

–    CA. Samir Kapadia gave his views (on GST & Other Indirect Taxes) with statistics and practical examples or issued faced by various industries on classification of products and applicable rates of tax prior to GST. Further, benefits under GST were highlighted.

–    CA. Siddharth Banwat gave his views on the overall impact and reactions on the budget.

Overall, the Budget Discussion was well received and the students benefited immensely with the expert analysis on the proposed amendments in the Finance Bill, 2017.

Leadership Workshop on Chanakya Business Sutra held on 24th & 25th February 2017 at BCAS Hall, Jolly Bhavan, Churchgate
Human Development and Technology Innitiatives Committee organised the 15th Leadership Workshop. In contrast to the residential camps organised in earlier years this year it was a non-residential camp held at BCAS Conference Hall of the Society on Friday & Saturday, 24th and 25th February 2017. About 54 Participants registered for the leadership workshop titled ‘Chanakya Business Sutra’. Mr. Mahendra Garodiya, an avid reader of scriptures including Srimad Bhagavatam, Mahabharat, Ramayan, Bhagavad Geeta and Chanakya’s various commentaries including ArthaShashtra was the trainer. He had also inspiration influence from the life of Mahatma Gandhi, and writings of Stephen Covey, Napolean Hill, Jim Collings and Robert Kiyosaki.

President CA. Chetan Shah welcomed the participants. He described Chanakya  as a great strategist,, kingmaker, and author on the variety of subjects like Economics, Politics, Leadership, Governance, Warfare, military tactics, accounting systems etc. and appreciated his vision for Akhand Bharat, United  India.

Past President and also Past Chairman CA. Pradeep Shah complimented all participants. He motivated them to leave all worries. He also shared the information about leadership camps held in the past. He posed pertinent questions and motivated them to introspect as to what one would do if this was the last year of one’s life.

Past President and Chairman of HDTI Committee CA. Nitin Shingala shared a beautiful definition of a complete professional as the one who implements whatever he/she learns.

CA. Mihir Sheth introduced the speaker and CA. Mukesh Trivedi proposed vote of thanks.

Few of the important points discussed during the workshop were:

–    Entire workshop was based on T.I.M.E. i.e. Thinking, Inking, Mapping and Executing.

–    WHY: Ask as to why you are doing what you are doing. Is it for dharma, artha, Kama, Moksha?
    For the Growth, Life of Contribution or money or Life of Significance.

–    How do we earn money? By Employment 80%,Self Employment 10%, Business 10%. How to earn passively from Investment of your established assets like goodwill, reputation.

–    RAS: Reticular Access syndrome: Clear Cut emotional Goal in Mind.

–    Essential are skill, People, system.

–    Live the life of contribution by generating employment, opportunities etc. constantly introspect as to when you are doing something is it for contribution to the mankind, or nation, or for significance i.e. recognition ? or for personal luxuries or comforts?

–    Know your capability before you start the work.

–    Anything begins with thought or story in mind, followed by words, state, emotion, action and Result.

–    OQP: Only quality people. Always Select  quality people for the right job. The mentors should have promise, thought and action (MVK – Manah, Vachanam, and Karma ) well aligned.
–    Manage the time: Important, urgent, not important and not urgent.

–    Learn what to measure?

–    Seven important aspects of Business: Production, finance, Relationship, Star, Reference Generation and Sales.

–    Use effective communication: OFNR .e. Observation, Feelings, Needs and Request.

–    IDP: Incorporate Individual  Development plans, always maintain humility. Reward the deserving, reprimand underperformer.

All these and many other concepts were discussed interactively with many inspirational videos.

Seminar on GST held on 25th and 26th February 2017 at the Navinbhai Thakkar Auditorium, Vile Parle (E), Mumbai
                                                                                                                                   
Looking at the pace of the developments in the road map to the GST roll out by 1st July, 2017 it was imperative for all to understand the intricacies of the proposed law and its implications on trade and industries. The Indirect Taxation Committee of BCAS designed a comprehensive program spread over two days (25th and 26th February, 2017) at the Navinbhai Thakkar Auditorium.

 

CA. Sushil Solanki

 

CA. Sunil Gabhawalla

 

CA. Parind Mehta

 

CA. Amitabh
Khemka

 

CA. Rajiv Lithia

 

CA. Govind Goyal

 

CA. Udayan
Choksi

 

CA. Jayraj Sheth

The program witnessed excellent participation from members, trade and industry. Over 350 people attended the program. Various eminent faculties delivered their expert views on important statutory provisions contained in the model GST law including CA. Sushil Solanki, CA. Sunil Gabhawalla, CA. Parind Mehta, CA. Amitabh Khemka, CA. Rajiv Luthia, CA. Govind Goyal, CA. Udayan Choksi and CA. Jayraj Sheth.

As we draw close to the appointed day, it would be the society’s objective to disseminate maximum knowledge on this reform. In this way, we would surely contribute towards smooth transition of the proposed law which intends to create a single national market.  

Lecture Meeting on “The Road Less Travelled” under auspices of Amita memorial Trust held on 1st March 2017

The annual talk held under the auspices of Amita Memorial Trust jointly with Bombay Chartered Accountants’ Society and Chamber of Tax Consultants was held on 1st March 2017 at Walchand Hirachand Hall, IMC, Churchgate.


Smt. Mittal Patel

The Speaker of the evening, Smt. Mittal Patel is a young social worker working for the rights of the Nomadic tribes. She has chosen to take a difficult path in her life which is rarely taken by the others. She took us on a journey along this path and gave a talk which held the audience spellbound and touched the hearts of all the listeners. She is working for the human rights of the Nomadic tribes, who in Gujarat alone number more than 45 lakh.

Her work is not only difficult but dangerous too, as there are forces which want to continue to exploit these wandering tribes. Smt. Mittal explained that even today these tribes are being treated worse than untouchables, and have no identity, no voting rights, no ration cards, no permanent houses, and no address. She is fighting to get these basic rights for these downtrodden people. The talk aroused compassion in the hearts of the listeners and a desire to join and help in this struggle to get the basic rights for the nomadic tribes.

The inspired talk ended with remembering CA. Amita (Shah) Momaya, a young member of the BCAS family, who also spread the message of Universal Love during her short but inspiring life. She left this world on January 31, 1987 but continues to spread messages of peace and purpose after 30 years of her departure.

The meeting was very useful and inspiring for the participants.

Human Development Study Circle Meeting on “Man Woman Relationships” held on 7th March, 2017 at BCAS Conference Hall

The Study Circle Meeting discussion was led by CA. Deepak Bagla on “Man and Woman relationship and their development”.

CA. Deepak Bagla has studied various scriptures like Ramayan, Mahabharat, Srimad Bhagavatam and Bhagavad Gita. He also practices Meditation for the last two decades. He likes to share his learning as a counsel. He has specialised in mentoring to cope up with challenges on relationship, parenting, employer employee relationship etc.

The story of ‘Ardhanarishvara’ as a symbol of Shiva and Shakti, Purusha and Prakriti is very inspiring, to feel two dimensions of life. Perhaps, the world would not have either been created or nurtured without Man and Woman. Physically, emotionally and genetically, both are different. Their needs, strength and weakness are different.  Men & Women complement each other and together they can create synergy.

This interactive meeting was held to discover and explore the differences between man and woman and their relationship. The topics discussed were as follows:

1)    Understand the major reasons leading to problems in man woman relationship
2)    Understand and appreciate different facets of relationship
3)    Importance of healthy relationship and its impact on children in digital age

There are differences between Man and Women  in the way of thinking, in beliefs, in style of behaviour, etc. and one should appreciate that. One must accept the differences and use each one’s talents for the benefit of the Family Health, peace, progress.

He spoke on a five point development for man and woman:
–    Purpose – in life, we need not prove ourselves and compete with each other with motive to defeat each other. Instead find each one’s purpose and support each other and give each other space.

–    Relationships – within the family, neighbours, relatives, friends, superiors is important. Value Relationships.

–    Interdependance – we are all connected within and outside the family – this needs to be understood. Men or women are not meant to be alone.
–    Dependable – We have to be dependable and responsible.

–    Empathy and exercise are very important. We need to understand others in order that others understand us. Also exercise is important for health.

The participants were very happy to be present and learn simple but unique aspects about Man-Woman relationships.

Indirect Tax Study Circle Meeting held on 8th March 2017 at BCAS Conference Hall

GST is soon to become a reality. Information technology (‘IT’) would be a one of the determining factor for making this reform a success. In view of the relevance of IT in the GST regime a brief demonstration was held by NSDL executives. Members were explained the role of GSP’s and ASP’s in the entire compliance process. The same as appreciated by the members present.

In the second half of the meeting few amendments proposed by the Finance Bill, 2017 relating to Indirect Tax was taken up for discussion.

Felicitation of President and Vice President of ICAI on 9th March 2017.
 
On 9th March 2017, it was a privilege of the BCAS to welcome and felicitate the ICAI President, Mr. Nilesh Vikamsey, also a Core Group member of BCAS. The Society also congratulates ICAI Vice-President Mr. Naveen N. D. Gupta, who could not make it for the felicitation. The President was also accompanied by Central Council Members Mr. Prafulla Chhajed and Mr. Nihar Jambusaria.


L to R – CA. Sunil Gabhawalla, CA. Narayan Pasari, CA. Nilesh Vikamsey
(Honorable President of ICAI), CA. Chetan Shah (President) & CA.Manish Sampat

The discussion was an informal and an interactive one. It focused on the various matters that can be taken up by one or both the organisations, some of which can be outlined as follows:

GST, the President mentioned, is a God-sent opportunity for the profession and we all should look forward as a potential area of practice.

The developments in the area of GST was discussed and suggested for some joint publication on the topic shortly.

The ICAI President stated that the government appreciated and welcomed the support extended by our professionals for the support extended in the Income Disclosure Scheme. However, post that, there has been not much visibility for the profession.

Thus, we all should collectively highlight the positive aspects of the profession to the government and the Society at large in whatever way possible.

The ICAI President shared the steps taken for drafting the new syllabus for CA students and the way the entry to the CA course will be made slightly difficult.  The course now will be made available post completion of HSC (Std XII). The CA Syllabus is revisited every 8 to 10 years.

The ICAI President suggested that Insolvency law is the upcoming new area which professionals can look as a new area of practice.

The Railways accounting, he said under the leadership of  a member of our profession Mr. Suresh Prabhu  is seeking to change the method of accounting from cash to accrual which was another potential area of practice.

The ICAI President felt that as professionals we should partner with the government in educating the people in the country thereby increasing the tax base.

The Past Presidents of BCAS and other members present welcomed all the suggestions and extended support towards the activities of ICAI.

Central Council members present assured those present that the BCAS members could write to them and seek support or any co-ordination for the benefit of the profession. The Session ended with a warm vote of thanks by CA. Manish Sampat.

The 4th Youth Residential Refresher Course held on 10th March to 12th March 2017 at Fountainhead Leadership Centre, Alibaug

The 4th YRRC was jointly organised by Bombay Chartered Accountants’ Society under the Membership and Public Relations Committee and The Institute of Chartered Accountants of India under the Youth Members Empowerment Group of CCBMP from 10th to 12th March 2017 at Fountainhead Leadership Centre, Alibaug.

“Nostalgia”, the theme of the event was to reconnect the memories from childhood and school days and the participants forged long term bonds and made more memories than they recollected at the event. The participants were grouped in four houses; Zeus, Morpheus, Electra and Poseidon, and a competition for earning points for their house and the Best House trophy began.

As every school has a uniform, this year at the YRRC all the participants turned up in their suits and ties, adding the perfect professional touch at the excellent venue and facility.

A  perfect blend of learning through technical, non-technical sessions and educative extracurricular activities, the YRRC provided a great opportunity to all the participants to polish their personality and knowledge.

The “New Youth Times”, the daily news quotient, kept the participants abreast with the happenings of the YRRC at all times.

Covering a wide range, the YRRC covered topics ranging from Ind-AS, International Tax, Direct Tax to Entrepreneurship, Leadership and even a Mock Stock Market. The speakers shared their professional journey and personal experiences with the participants. The group discussions were very productive and knowledgeable providing insights into various controversies and issues faced today. Not to forget, the chance to earn points did turn the discussions a bit intense and animated to an extent that at some places it flared up to heated arguments.
The content covered and presentations made by all the Speakers were a class apart, delivering their points and ideas with great clarity. None of the speakers returned home without a standing ovation from the enthusiastic crowd.

The participants learned about overcoming challenges individually and as a group from the extra-curricular activities like the Activity Marathon and Open MicEvents.
A true theatrical experience was created while watching the enriching movie “Chale Chalo”, a national award winning inspirational film starring Aamir Khan directed by a lawyer Satyajit Bhatkal.

Today’s youth cannot be defined without some “NachGana”, the youth showcased their talent on the DJ night and also broke the myth that CAs are only studious and boring, during a Flash Mob in middle of a session wherein the surprised speaker couldn’t help but shake a leg along with them.

House Zeus was able to lift the trophy of the best house outperforming in the group discussions, mock stock trading session and activity marathon amid the tough competition put up by the other houses.

The return journey with the ferry dancing on high waves under a full moon turned into a Pre-Holi Bash where spontaneous participants burst into a Karaoke session. An event which was truly “By the Youth, Of the Youth and For the Youth” concluded with the now enriched and happy participants bidding farewell until the next YRRC.

The event wouldn’t have been successful but for CA. Nilesh Vikamsey, President – ICAI, CA. Chetan Shah, President – BCAS, and CA. Mukesh Singh Khuswah, Chairman – CCBMP ICAI. Post the event, the advance enquiries for the next YRRC and the joyous feedback received from the speakers and their sheer experience of the wonderful novelty and energy of the event marked a beautiful end to the 4th YRRC.

Human Development Study Circle Meeting held on 14th March, 2017 at BCAS Conference Hall

The Study Circle Meeting discussion was led by Mrs. Reyna Rupani.

Reyna K. Rupani has a dream – Living a Life with no Medications. This desire got her in touch with SHARAN (Sanctuary for Health & Reconnection to Animals & Nature). She had thought she knew everything about Health until she heard Dr. Nandita Shah speak. Since it all appealed to reason and logic, she decided to give the whole plant-based diet a chance, and there has been no turning back since.

Her severe acidity issues disappeared within 3 days. She lost 17 kilos in eight months, and it has been over two years and she has only put on two kilos! She feels energetic, looks much younger and most of all she has sensed clarity in her thinking.

The whole plant-based diet is the ONLY solution to our Health problems and for the environment too. This truth is exactly what keeps her going. Avoid processed and packaged foods. Keep away from oil and milk.

Deodarants, pesticides, insecticide sprays used in the surroundings can harm our health as it makes us breathe chemicals.

The participants were very happy to be present and learn some frightening realisations on pollution of environment and how health can be improved by taking care of what you consume. We are what we eat.

Participants were glad to be aware of useful tips to improve health.

Workshop on Audit in IT Empowered held on 16th March 2017 at BCAS Hall, Jolly Bhavan, Churchgate

 

CA. Manoj Jain

 

CA. Madhav Kulkarni

 

CA. Kartik Radia

A crisp Thursday morning 16th March, 2017 saw over 40 participants seated before time, waiting for the workshop on “Audit in an IT Empowered World – Techniques for Effectiveness and Efficiencies” to begin. Aligned with the culture to start right on time, President CA. Chetan Shah introduced the participants to the objective of the workshop and encouraged them to freely interact with the faculties during the course of the workshop.

The participants had an enriching experience as the learned faculties CA. Manoj Jain, CA. Madhav Kulkarni and CA. Kartik Radia who shared their insights and experiences on the allotted topics viz. ‘Audit Planning & COSO framework’, ‘ITGC and Application controls’ and ‘IFC Evaluation & COBIT framework” based on the case study approach.

A dedicated Q&A session after every presentation gave further opportunities to participants to seek replies to their practical challenges in planning and executing assurance engagements in IT environment.

Society News -I

Full day seminar on
“Income Computation and Disclosure Standards” held on 19th May, 2017

This seminar was held by
the Taxation Committee at Navinbhai Thakkar Hall at Vileparle (East). President
Chetan Shah gave the opening remarks followed by introduction from the Chairman
of the Taxation Committee, Mr. Ameet Patel. The event was attended by 235
participants. Topics taken up and Speakers were as under:

    Overview of ICDS:- Mr. Pawan Kumar, CIT
(Jalandar)

    ICDS III & VIII:- Constructions
Contracts & Government Grants :  CA.
Paresh Vakharia

    ICDS I & ICDS X:- Accounting Policies
& Provisions, Contingent Liabilities & Contingent Assets: CA. Vishesh
Sangoi

    ICDS IV & IX:- Revenue Recognition &
Borrowing Costs: CA. Vinita Krishnan

    ICDS VI & VIII:- Foreign Exchange
Fluctuations & Securities: CA. Kushal Jain

  ICDS II & V:- Valuation of Inventories
& Tangible Fixed Assets: CA. Nihar Jambusaria

Mr. Pawan Kumar, CA.
Vishesh Sangoi and CA. Kushal Jain spoke on the BCAS platform for the very
first time. 

Mr. Pawan Kumar gave an
overview of the ICDS. He also shared with the participants on why ICDS were
needed and how it came into existence. He being one of the members of Expert
Committee for drafting of ICDS shared his experiences with the participants
which was appreciated by all.

CA. Paresh Vakharia gave
his opening remarks on ICDS and explained the purpose of the said legislation.
He dealt with both the ICDS allotted to him in detail and explained nuances and
issues arising from them.

CA. Vishesh Sangoi started
his presentation by explaining the basic issues arising from ICDS I and X. He
explained various changes which would take place while undertaking Tax Audit in
post ICDS scenario compared to earlier ones with the help of various case
studies. He also touched upon disclosure requirements in Form 3CD for both
ICDS. He also responded to queries from various participants.

CA. Vinita Krishnan gave a
detailed presentation on ICDS IV & IX. She explained the basic
considerations arising out of them and also discussed the issues which one may
face while applying them. She discussed ICDS on revenue recognition with
respect to different type of incomes like dividend, royalties, interest etc.
She also answered queries from the participants.

CA. Kushal Jain explained
ICDS on securities with the help of case studies and also examples on how it
would be applied. He also explained various terms which are used in both the
ICDS. He also dealt with how the accounting entries would be affected in case
of ICDS on foreign exchange fluctuations.

CA. Nihar Jambusaria
explained the background and general principles of ICDS. He highlighted the
journey of evolution of ICDS. He also brought out the differences which will be
encountered between Ind AS and ICDS. He compared ICDS of Valuation of
Inventories with AS 2 and brought the changes between them. He also compared AS
10 with ICDS on Tangible Fixed Assets and explained the treatment under ICDS V.
He enlightened the participants with the disclosure requirements under both
ICDS and also addressed various questions from the participants. 

The sessions in the Seminar
were interactive and the speakers shared their insights on the subject and
guided the participants on how to approach the subject of ICDS while performing
a Tax Audit. The participants benefited immensely with the interactive sessions
and detailed analysis of each ICDS by the faculties.

Full day seminar on
“Practical issues in TDS” held on 20th May, 2017 at BCAS

The Full day seminar on
Practical issues in TDS was held by the Taxation Committee at BCAS Conference
Hall on 20th May, 2017. The event was attended by over 80 participants.
President Chetan Shah gave the opening remarks followed by introductory words
from the Chairman of the Taxation Committee, Mr. Ameet Patel.

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

    Sections 194C, 194DA, 194EE, 194F and 194J :
CA. Saroj Maniar

    Sections 195, 206AA, Rules 37BB and 37C :
CA. Ritu Shaktawat

    Sections 192, 194H, 194LB, 194LBA, 194LBB,
194LBC : CA. Anita Basrur

    Sections 194A, 194I, 194IA, 194IB, 194IC and
recent case laws on TDS : CA. Nitin Shingala

    Issues in e-filing of TDS statements,
Sections 200A, 201 and 205 : CA. Avinash Rawani

CA. Ritu Shaktawat and CA.
Anita Basrur spoke on the BCAS platform for the first time.

CA. Saroj Maniar gave an overview of the various sections,
the case laws and circulars applicable and relevant in their context. The
speaker elaborated on the provisions of Sections 194C and 194J and covered some
industry specific issues as well as the interplay of these sections with other
sections of the Act.

CA. Ritu Shaktawat
explained the applicability of section 195. She highlighted the risk arising
out of non-compliance of applicable sections as well and provided insight on
issues surrounding Forms 15CA and 15CB. She also touched upon issues under
Section 206AA, Rules 37BB and 37C. The Speaker elaborated on contractual
remedies that one could pay attention to and should incorporate in the
agreements such as indemnity, representations and warranties, escrow,
insurance. She also explained the provisions and their application through case
studies.

CA. Anita Basrur started
her presentation by explaining the provisions of section 192 and 194H,
practical issues arising thereunder using relevant case laws and recent
circulars. This was followed by in depth discussion on sections governing TDS
on income received by securitisation trusts, business trusts and units of
Investment Funds.

CA. Nitin Shingala gave a
detailed presentation on various aspects governing sections 194A, 194I, 194IA,
194IB and 194IC. He explained the applicable provisions, issues under each of
them, supporting them by relevant case laws and circulars.  The Speaker touched upon a wide number of
judgments during the course of his talk on various sections pertaining to
deduction of tax at source.

CA. Avinash Rawani highlighted
the practical issues that arise in e-filing of various TDS statements such as
returns, correction statements, challan corrections, replies to be filed to
online communication from the TDSCPC amongst others. In addition to
highlighting the issues, the Speaker shared a lot of practical dos and don’ts
in relation to the filing of these statements.

 

CA. Saroj Maniar

 

CA. Ritu Shaktawat

 

CA. Anita Basrur

 

CA. Nitin Shingala

 

CA. Avinash Rawani

The sessions in the Seminar
were very interactive and the Speakers answered a lot of queries that were
received from the participants. The participants benefited immensely with the
interactive sessions and detailed discussions.

Half
day seminar on “Digital Transformation and GST – Opportunities and Challenges
in ERP environment” on 26th May, 2017 at BCAS

A half day seminar on
Digital Transformation and GST was organised by Human Development &
Technology Initiative Committee jointly with Indirect Tax Committee at BCAS
Conference Hall on 26th May 2017. CA. Nikunj Shah, Convenor, HDTI
Committee introduced the speakers to the participants.

The speakers – Mr. Richard
D’Souza (Vice President & Head Business Solutions-Corporate IT Mahindra
& Mahindra Group ) & Mr. Rakesh Pawaskar (General Manager Business
Solutions – Corporate IT Mahindra & Mahindra Group) made an excellent presentation
on the Technology transformation undertaken by them in their organisation. They
also explained and demonstrated through audio visual presentation, the nuances
of GST implementation, the GST implementation process at their group and how
the said group is supporting their vendors for GST implementation using state
of the art technology platform.

The seminar witnessed
excellent participation from members in practice as well as from Industry. The
objective of the seminar was to understand the innovation in technology leading
to change in accountants role from pure accounting to analytics and decision
making & to highlight how GST implementation could be achieved leveraging
technology.

 

Mr. Richard D’Souza

 Mr. Rakesh Pawaskar

The participants were
immensely benefitted from the Seminar.

GST Training for Trade,
Industry & Profession held on 29th, 30th & 31st
May 2017 & 19th, 20th & 21st June
2017 at BCAS

The Government’s decision
to roll out the GST Law on 1st July, 2017 made it all the more
important that BCAS organise more programs so as to educate and train as many
people on the intricacies and the importance of these laws.

BCAS organised two such
programs one in May from 29th to 31st and the other in
June from 19th to 21st at BCAS Conference Hall. The
purpose of holding such training workshops was dual – one to educate the trade
and industry about the new legislation and other, more importantly, being a
partner of the Government in disseminating the information about this One
Nation One Tax One Market.

These programs were conducted jointly with the National
Academy of Customs, Indirect Taxes and Narcotics (NACIN) and the sessions were
taken by members of BCAS who were accredited by the NACIN as GST Trainers and a
few officials from the Sales Tax department and NACIN also. The faculty from
BCAS included CAs Chirag Mehta, Dushyant Bhatt, Govind Goyal, Jayesh Gogri,
Mandar Telang, Naresh Sheth, Rakjamal Shah, Samir Kapadia, Shreyas Sangoi and
Sunil Gabhawalla. 

CA. Rajkamal Shah

CA. Samir Kapadia

CA. Chirag Mehta

 

CA. Shreyas Sangoi

 

CA. Sunil
Gabhawalla

The participants immensely
benefited from both the programmes.

BEPS Study Circle Meeting
held at BCAS Conference Hall on 3rd June 2017

BEPS Action Plan 6 read
with Action Plan 15 (Multilateral Instrument i.e. ‘MLI’): Preventing the
Granting of Treaty Benefits in Inappropriate Circumstances was held on 3rd
June, 2017 at BCAS Conference Hall.

Discussion was led by CA. D
S Sharma, CA Monika Wadhani and CA. Rutvik Sanghvi

This was the third meeting
on Action Plan 6: The group leaders covered overview of Article 6 to 8 of the
MLI and detailed comparison of LOB clause.

In the meeting, the group
leaders had taken up detailed discussion on following Articles of MLI read with
Article X of Action Plan 6 and had concluded discussion with emphasis on the
following:

  Article 8 of MLI  Dividend transfer transaction intends
to introduce a minimum shareholding period of 365 days to be entitled to
beneficial rate of taxation on dividend.

  Article 9 of MLI – Capital Gains from
alienation of shares or interests of entities deriving their value principally
from immovable property intends to give taxing rights to the Contracting State
where immovable property situated, if at any time during the 365 days preceding
the alienation of shares, such shares derived value principally from such
immovable property.

  Article 7(1) of MLI – Principal Purpose
Test (‘PPT Clause’): It intends to introduce a minimum standard in form of PPT
clause to be adopted by the Contracting States. The group leaders discussed the
meaning and possible interpretations of various words contained in the PPT clause
(like meaning of “benefit”, “one of the principal purposes”, etc.) and
explained each and every example given in the commentary to Action plan 6. The
group leaders also highlighted the difference and the interplay between the
Indian GAAR provisions and the PPT clause. For example, under the Indian GAAR
provisions, requirement is “if main purpose is tax benefit”vis-à-vis the PPT
clause, requirement under the MLI being “one of the principal purposes is tax
benefit”, etc. It was also discussed that PPT clause will be relevant to
consider the applicability of a tax treaty and if PPT clause is invoked then
treaty benefits shall not be available and many transactions could get
impacted. It was also discussed whether GAAR provisions can be invoked where
transaction is covered by a tax treaty.

The meeting got
enthusiastic response and the participants benefitted a lot from the
discussions

10th Jal Erach
Dastur CA Students Annual Day held on 3rd June 2017

The Jal Erach Dastur CA
Students’ Annual Day this year reached a new scale as it celebrated its 10th
Edition captioned under tagline ‘Tarang 2K17 – Tarasho Apne Talent Ke Rang.’ at
Navinbhai Thakkar Auditorium, Vile Parle on 3rd June 2017.

 

Students lining up to witness the most
awaited event of the year

This event was organized by
the Human Development and Technology Initiatives Committee of the BCAS for the
CA students. The event was truly an event ‘OF CA students, FOR CA students and
BY CA students’. It showcased their mesmerizing talents and creativity on
variety of extra-curricular activities such as elocution, debate, sketch and
slogan, photography, short film making and other talents such as singing, music
etc.

Then Vice President CA. Narayan Pasari
felicitating the Chief Guest of Tarang –
Mr. Dhaval Bathia

President Chetan Shah, Vice President
Narayan Pasari along with members of
HDTI Committee witnessing the lighting
of auspicious lamp to commence the
event

The six finalists of the Chandanben Maganlal
Bhatt ‘Elocution Competition’ were the first to witness the stage. The topics
this time were both challenging as well as riveting. This enabled a level
playing field for all participants who gave their impressive performances on
their respective topics.

CA. Nitin Shingala & CA. Meena Shah
presenting the award to the winner of
Elocution Competition ‘Speak Up’ – Miral
Majmundar

Then BCAS President CA. Chetan Shah
presenting the award to the winner of
‘CA’s Got Talent’ – Deevesh Chudasama

Post Elocution, the
winners of Photography Competition ‘Khinch Le’ were announced. This being the
second year of the competition, received unprecedented response from students.
They were given themes on which they had to click creative photographs and
mention an innovative tagline based on the theme selected.

CA Ryan Fernandez moderating the
debate competition – ‘War of Words’

Students Committee performing the flash mob

Chief Guest Mr. Dhaval Bathia giving the
keynote address

As a part of continuous improvement and innovation, this
year, a new event ‘The Screenmasters – Short-film making competition’ was also
introduced. The competition received good response from the students with 9
entries in the very first year itself. The students had to a shoot a short-film
of not more than five minutes on the given theme. The entire audience was
amazed by the professionalism and meticulousness of CA students, even in the
arena of film-making.

Mesmerising display of talent – Spray
Painting

Audience enjoying light hearted games during the break time

BCAS Students Committee, Tarang
Volunteers along with members of HDTI Committee

The final round of the
Debate Competition ‘War of Words’ followed the Photography Competition. The debate
was moderated by CA. Ryan Fernandes with two teams of four students each. The
debate had the undivided attention of the audience as each finalist defended
their case with enthralling wit and vigour. Adding some spice to the event,
this year a fourth round was introduced wherein the teams had to interchange
their erstwhile position vis-à-vis the topic. The participants as well as the
audience enjoyed the debate to the core.

After this, the students presented a 3 minute “flash mob”
which was choreographed by CA Hrishikesh Joshi. This short stint kept the
audience alive and cheering.

After the flash mob, the charged up audience were enchanted
by the Keynote address of the Chief Guest Mr. Dhaval Bathia, a well-known
author and speaker as well as Guinness Record Holder. His speech was both
motivational and thought provoking as he used day-to-day anecdotes and examples
to convey his message. He emphasized on the need to think out-of-the-box and
‘go deep’ into the realm of your work to carve out definite success. He also
touched upon finer aspects of ‘Digital India’ and how it has revolutionized the
style of working, even for the CA fraternity.

Immediately after that,
the stage was set for the flagship and most awaited competition the ‘The Talent
Show’. To kick-start the event, a ‘Students Band’ comprising of Tej Bhatt,
Sridisha De, Aagam Jain and Jigar Jain rocked the stage. These students
volunteered for this special performance to strike the chord for the upcoming
competition.

Finally the guitars were
tuned, the keyboard was ready, the dancers were tapping their feet, and the
stage was then taken over by young and talented CA students who showcased their
talent ranging from dance, singing, instrumental, mimicry and spray painting.
All 9 finalists gave amazing performances and the audience were left spell
bound. The cheering of the crowd with claps and whistles increased with each
performance as the finalists kept on raising the bar. The judges who were
captivated by the charm of the performances had a Himalayan task in choosing
the winners.

With the clock-ticking,
the winners of the competition representing their firms were finally announced as under:

The entire evening was
hosted fabulously by Mr. Pushkar Adhikari, Ms. Tanvi Parekh, Ms. Miral Majumdar,
Ms. Aadhira Dinesh and Mr. Manthan Rawat with their astounding performances,
display of energy and loads of wit and humour. 

Mr. Prathamesh Mhatre
proposed the well-deserved vote of thanks to each and everyone involved in the
success of the event. A total number of 492 students registered for the 10th
Jal Erach Annual Day, setting an overwhelming benchmark.

Essay Writing Competition ‘Awaken the Writer Within’

Prize

Name of Student

Name of Firm

1st Prize Winner

Salonee Kabra

SRBC & Co LLP

2nd Prize Winner

Kanika Mangal

Dinesh & Agarwal

3rd Prize Winner

Anisha Talesara

Kailash Chand & Co

Rotating Trophy
went to Salonee Kabra

Elocution Competition ‘Speak Up’

1st Prize Winner

Miral Majumdar

CNK & Associates LLP

2nd Prize Winner

Tanvi Parekh

Sanjay & Snehal

3rd Prize Winner

Apurva Wani

Aneja & Associates

Rotating Trophy
went to Miral Majumdar

Talent Show ‘CA’s Got Talent’

1st Prize Winner

Deevesh Chudasama

Khandelwal Jain & Co

2nd Prize Winner

Tej Bhatt

CNK & Associates LLP

3rd Prize Winner

Vivek Rajpurohit

Sara & Associates

Rotating Trophy
went to Deevesh Chudasama

Debate Competition ‘War of Words’

Winning Team

Tanvi Parekh (Best Team Member )

Sanjay & Snehal

 

Hardik Adenwala (Best Team Member)

KNAV & Co

 

Sonal Agrawal (Best Team Member )

R M Ajgaonkar & Co

 

Salonee Kabra (Best Team Member )

SRBC & Co LLP

Best Debater

Tanvi Parekh

Sanjay & Snehal

Rotating Trophy
went to Tanvi Parekh.

Sketch & Slogan Competition ‘Leave your Mark’

1st Prize Winner

Chandrika Chaudhari

Khimji Kunverji 
& Co

2nd Prize Winner

Eashan Gokhale

Gokhale & Sathe

3rd Prize Winner

Vishishta Goyal

N P Shah & Associates LLP

Photography Competition ‘Khinch Le’

1st Prize Winner

Deevesh Chudasama

Khandelwal Jain & Co

2nd Prize Winner

 Neel Khimasia

GBCA & Associates.

3rd Prize Winner

Aurobindo Chatterjee

R R Muni & Co

Short Film Making Competition ‘The Screenmasters’

1st Prize Winner

Anirudh Parthasarathy

R T Jain & Co

Hearty Congratulations to all the
winners and their firms.

Judges for the Various
Competitions were as follows:

Competition

Elimination Round

Final Round

Essay Writing

CA Mukesh Trivedi
& CA Gracy Mendes

Elocution Competition

CA Meena Shah & CA Mihir Sheth

CA Mayur Nayak & CA Divya Jokhakar

Talent Show

Devansh Doshi & Kartik Srinivasan

Pallavi Choksi & Neetu Shah

Debate Competition

CA KK Jhunjhunwala & CA Ryan Fernandes

CA Narayan  Pasari
& CA. Shalin Divatia

Sketch & Slogan Competition

CA Chirag Doshi
& CA Divya Jokhakar

Photography Competition

CA Anand Kothari
& CA Nikunj Shah

Short Film Making Competition

CA.  Mihir Sheth & Mr Pratik Palan

The entire evening was
hosted fabulously by Mr. Pushkar Adhikari, Ms. Tanvi Parekh, Ms. Miral
Majumdar, Ms. Aadhira Dinesh and Mr. Manthan Rawat with their astounding
performances, display of energy and loads of wit and humour. 

Mr. Prathamesh Mhatre
proposed the well-deserved vote of thanks to each and everyone involved in the
success of the event. A total number of 492 students registered for the 10th
Jal Erach Annual Day, setting an overwhelming benchmark.

Study Circle Meeting on
“Build Brand U for
Professional
Success” at BCAS on 13th June, 2017

Human Development and Technology Initiatives Committee of
BCAS conducted a Study Circle Meeting on “Build Brand U for Professional
Success” (Enhancing your Image as Professional) on June 13, 2017

The meeting was addressed by Mr Sunil Kini, Managing Director
& Principal Trainer; Gurukul Training & Consulting Pvt Ltd. Mr Kini in
his presentation on the subject in a very succinct but effective manner
explained that “Managing one’s image is the key to success in any walk of
life”. Your Image says a lot about you. A right Image can go a long way in your
life.

Each one of us presents an
image on the basis of which people form impressions about us. These impressions
pave the way in our professional growth path.

Whether as a self-employed professional or working with an
organization presenting ones best is an important ingredient for professional
accomplishments

The Workshop deliberated upon the following basic synopsis of
life:

    Develop Self-Image for Superior Perception
Management

    4 A model for Professional  Growth

    Look the part

    Appearance Management-Gateway to creating an
Impact

    Importance of Professional Decorum and
Kinesics

    Build Brand You.

    Everyone needs image management, only the
intelligent realize in time.

The session ended with a quote: Do not underestimate the
Power of your Appearance, Build your Personal Brand for SUCCESS

The participants felt enriched with request for more such
programmes in future.

FEMA Study Circle Meeting held on 15th June, 2017
at BCAS

FEMA Study Circle Meeting was held on 15th June,
2017 on the topic “External Commercial Borrowing (ECB)”.

The group was led by CA Palav
Shah Parekh.

The depth of the
presentation was excellent with members’ interactions on various case studies
presented. The case studies were very engaging and informative. This gave
participants a 360 degree perspective of the subject.

The speaker covered updates
which were as recent as 8th June.

The participants also
benefited due to the practical exposure of the speaker who shared many insights
about Authorised Dealer’s interaction with the RBI on ECB matters.

Direct Tax Study Circle
Meeting on ‘Income Computation Disclosure Standards; ICDS VI “Effect of changes
in Foreign Exchange rates” on 20th June 2017 at BCAS Conference
Hall.

The group leader, CA.
Abhitan Mehta briefly explained the scope of ICDS VI ‘Effect of changes in
foreign exchange rates’ and the definitions of important terms mentioned in the
standard. He explained the concept of ‘foreign currency transaction’ and the
provisions pertaining to initial recognition of these transactions. The
Chairman of the session, CA Gautam Nayak commented upon the anomalies created
due to introduction of ICDS wherein the law makers have merely picked up the
language of the accounting standards and inserted them in the form of ICDS
without realising the difference between the recognition of items in books of
accounts and computation of income.

Thereafter, CA. Mehta
touched upon the provisions contained in Rule 115 of Income Tax Rules which
talks about the rate of exchange for conversion into rupees, of income
expressed in foreign currency. He also highlighted that in case of difference
between the provisions of ICDS and Income Tax Rules, the Income Tax Rules would
prevail.

CA. Mehta then explained
the difference between monetary and non-monetary items and highlighted a
practical issue which one may face when debentures / preference shares
(optionally convertible) need to be classified either as monetary or
non-monetary assets. Thereafter, he gave an overview of the year end valuation
rules for assets and liabilities and provisions of section 43A of the Income
Tax Act. 

The group leader also
discussed various SC and HC decisions such as Shell Company of China Ltd.
(22 ITR 1) (CA), CIT vs. Tata Locomotive And Engineering Co. Ltd (60 ITR 405
(SC), Sutlej Cotton Mills Ltd. vs. CIT (116 ITR 1)(SC), State Bank of India vs.
CIT, CIT vs. Jagatjit Industries Ltd. (337 ITR 21) (Delhi HC)
and CIT
vs. PVP Ventures Ltd (211 Taxman 554) (Madras HC)
whereby the Courts in the
context of allowability of foreign gain / loss as expenditure, have held that
nature of gain/loss – capital or revenue needs to be identified.

CA. Mehta also explained
the provisions relating to foreign operations and treatment of opening balance
of foreign currency translation reserve (FCTR) existing on 01.04.2016 as
clarified by CBDT in the FAQ’s. Lastly, he touched upon provisions regarding
forward exchange contract and the differential treatment for premium/discount
under Accounting Standards and ICDS.

The participants were
thoroughly enlightened by the presentation on the subject.

Yoga Day Celebrations held on 21st June, 2017 at
BCAS

Human Development and Technology Initiatives Committee had
organised a yoga session jointly with Indian Spiritual Healing (ISH) Foundation
on Wednesday 21st June 2017 at BCAS Conference Hall, to commemorate
the International Yoga Day.

Mr. Pradeep Thakkar, a Professional Yoga teacher and an
active member of the ISH Foundation guided the participants who attended this
programme.

He demonstrated and guided
participants to perform different asanas with ease and comfort for a healthy
body and mind relaxation.

Participants were also
taught various pranayama to cure diseases. The session ended with positive
affirmations, energy balancing and Omkar Sadhana. Many participants requested
for a regular/long duration yoga course. It was a good learning of Yogasana and
Pranayam for healthy body and peaceful mind.

Society News

fiogf49gjkf0d
International Taxation On “Digital disruption – a view from Silicon Valley” held on 23rd December, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This workshop was conducted by Presenter Mr. Bhaavin Shah.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Society News

FEMA Study Circle

 

Study Circle Meeting on
“Bitcoins – Tax and Regulatory Implications” held on 19th April,
2018 at BCAS Conference Hall

 

International Taxation
Committee organized the meeting at BCAS Conference Hall which was led by Group
Leader CA. Isha Sekhri.

 

The Group Leader explained the concept and modalities of crypto currency
and also discussed tax implications on dealing in Bitcoins. She also discussed
the risks, including the financial, operational, legal, customer protection and
security related risks that the users, holders and traders of Virtual
Currencies (VCs) are exposed to. The members also deliberated upon the
acceptability of crypto currency in India and about its status around the
globe.



The Speaker further shared
her knowledge and experience on various related issues which was a valuable
takeaway for the participants.

 

Suburban Study Circle

 

Study Circle Meeting on
“Practice Management for Small and Mid-size CA Firms” held on 21st April, 2018

 

Suburban Study Circle
organized a meeting on Practice Management for Small and Mid-size CA Firms on
21st April, 2018 at Bathia & Associates LLP, Andheri which was
addressed by CA. Atul Bheda.

 

The speaker made detailed
presentation on the issues faced by small and mid-size Chartered Accountancy
firms such as: a) Billing, b) Recovery of Fees, c) Staff recruitment and
training, d) Time management, e) Delegation of work to staff, f) Practice
development and g) Infrastructure and organisation. The speaker also emphasised
the importance of creative thinking, work life balance, physical fitness and
health etc. and shared lot of anecdotes and personal experiences and struggles
in his career as a practicing chartered accountant.

 

The participants benefited
from the presentation and practical examples given by the speaker.

 

Release of BCA Referencer
2018-19 on 30th April, 2018 at BCAS Conference Hall


CA. Uday Karve


Membership & Public
Relations Committee organised the BCA Referencer Release Function at BCAS
Conference Hall. The Referencer was released by the hands of CA. Uday Karve,
Chairman of DNS Bank Ltd., Chief Guest on the occasion. Since the central theme
of BCAS Referencer is Collective Enterprise –
India’s Co-operatives
, Mr. Karve while addressing the gathering, spoke
about his experience in the Co-operative sector.

 

He also spoke highly about
the BCAS Referencer which is considered as an outstanding publication by tax and
accounting professionals both in practice and industry and pressed upon that
every practicing CA must read. 

 

About cooperative
movement, he mentioned that it is approximately 115 years since the
Co-operative Movement  formally started
in the country. In Indian culture, we believe in collectivism over recognition
of an individual and that is the Central theme of Cooperative movement.

 

In today’s world, CAs are
leading Cooperative movements. It brings inclusiveness whereas private
organisations do not. Voting Power in Co-operative Societies do not depend on
amount of capital held by Shareholders. In fact it is, “One person, one
vote.”


 

Referencer Release: L to R : CA. Sunil Gabhawalla, CA. Chetan Shah, CA. Uday
Karve (Speaker), CA. Narayan Pasari (President), and CA. Pranay Marfatia

He further explained that
majority of the Cooperative Banks in Gujarat and Maharashtra are non-scheduled
banks catering to the services of the common man. Of total of approximately
1,500 Co-operative banks taken together, Gross NPAs of Co-operative banks are
less than 7% of their lending, which is lower than the bench mark of 7% set by
Reserve Bank of India. Further, capital adequacy ratio of most of the
co-operative banks is more than 12%, which is considered as a healthy sign.

 

He also made an appeal to
all the CAs to get associated with banking & co-operative movement and
suggested BCAS to start a Co-operative Clinic to educate its members.

 

Meeting concluded with a
formal release of Referencer for the year 2018-19 followed by entertainment
programme and dinner.

 

DIRECT TAX LAWS STUDY
CIRCLE

 

Direct Tax Laws Study
Circle Meeting on ‘Presumptive Taxation’ held on 7th May, 2018 at
BCAS Conference Hall

 

Direct Taxation Committee
organised the Study Circle Meeting on 7th May, 2018 at BCAS
Conference Hall, which was chaired by CA. Devendra Jain who gave the opening
remarks followed by the Group leader, CA. Chirag Wadhwa who administered an
overview of the presumptive taxation scheme as per the Income-Tax Act, 1961
(Act). The group leader also briefly explained the constitutional validity of
the presumptive taxation scheme. Various examples and case laws were discussed
and questions were taken from the group with respect to the budget amendments
in the relevant sections.

 

CA . Chirag Wadhwa further
touched upon the determination of ‘gross receipts’ and the ICAI guidance note.
All the relevant sections relating to presumptive tax and the analysis on what
could be considered as ‘profession’ and ‘business’ were taken up and views from
the group were considered. The group leader also briefly explained the
applicability of section 68 and section 69 of the Act in such cases. The interplay
between presumptive provisions and tax audit was discussed with illustrations.
The session was concluded by discussing aspects to be considered while filing
the ITR under the presumptive scheme.

 

The meeting was
interactive and the participants were enriched with the knowledge of
presumptive taxation.

 

HRD Study Circle

 

Study Circle Meeting on
“Discover Your Burning Desire – The Why of Your Life” held on 8th
May, 2018 at BCAS Conference Hall

 

HDTI Committee organized a
meeting on “Discover Your Burning Desire – The Why of Your Life” on 8th
May, 2018 at BCAS Conference Hall which was addressed by CA Siddharth Shah. The
discussion was based on the Book by Napolean Hill titled “Think and Grow Rich”.
The Speaker mentioned that the title suggests various different things for
different individuals and that just reading this book is not enough and one
really needs to introspect and contemplate to practice it to achieve.

 

The best-selling book
teaches how to get guidance to plan road map of one’s life without Trial and
Error. Whatever the mind can conceive and believe, it can achieve.

 

The discussion revolved
around how to convert ordinary desire to burning desire which drives a person
to be successful in achieving all round growth and prosperity.

 

The participants found the
session very interesting as it imparted the invaluable insights about attaining
success and achievements in life.

 

ITF Study Circle

 

ITF Study Circle Meeting
on “Case Laws related to Fees for Technical Services” held on 10th
May, 2018 at BCAS Conference Hall

 

International Taxation
Committee conducted a meeting on ‘Case Laws related to Fees for Technical
Services’ on 10th May, 2018 at BCAS Conference Hall. The meeting was
led by Group Leader CA. Divya Jokhakar who explained that the taxability of
Fees for Technical Services (FTS) has been a subject matter of huge litigation
and a significant number of judicial decisions, advance rulings and judgements
have been pronounced and continues to be delivered in this regard. 

 

The Group Leader commenced
the meeting by discussing the facts of case laws along with the provisions of sections 9(1)(vii) of the Income Tax Act and various treaty provisions relating
to FTS. During the course of the meeting, the Speaker deliberated on the case
laws and went on to cover inclusions, exclusions and exemptions from the scope
of the definition of FTS, meaning of managerial, technical and consultancy,
disallowance due to non-deduction of taxes at source under section
40(a)(i)/(ia), source rule, exploring the impact of performance guarantee fee,
distinguishing business with India and business in India, ascertainment of debt
claim, determining taxability on basis of utilisation, rendering and payment
for services, assessing divisibility of contract, ascertaining satisfaction of
benefit test and enduring benefit.    

     

The participants also
shared their practical experiences on above issues and benefitted enormously
from the discussion and valuable insights provided by the learned Speaker.

 

International Economic
Study Group

 

Meeting on “Current
global economic issues-Trade & Currency War, North Korea Resolution, Oil
price flare up” held on 17th May, 2018 at BCAS Conference Hall

 

International Economics
Study Group under the patronage of International Taxation Committee organized a
meeting on 17th May, 2018 at BCAS Conference Hall, to discuss
“Current global economic issues-Trade & Currency War, North Korea
Resolution, Oil flare up.” where the members participated in person as well as
through Skype i.e. from Nasik, Jamnagar & USA etc.

 

CA. Rashmin Sanghvi led
the discussion and set the tone of the meeting bringing out past Trade &
Currency Wars and philosophy behind that. Members discussed Trade war initiated
by US President Trump against China by announcing steep duty hike on imports of
steel, aluminium & other goods  and
threatening China to stop forcing American companies to hand over their prized
intellectual property in lieu of doing business in China. The Group also
discussed implications of this move and counter move by China on their
respective economy as well as Global and Indian economy and impending Currency
War spilling out from the Trade War. The Group also deliberated upon the impact
of launch of China’s Gold Backed Petro-Yuan which appears to challenge US
Dollar Hegemony with China aiming to develop a currency that could be worthy of
a global superpower. Members also discussed recent turmoil in Forex market
where in Indian rupee has depreciated from Rs. 64 to Rs.68. This could turn in
to an Economic War which would have serious implications for global and Indian
economy. This was followed by a discussion on North Korea Standoff, Oil Price
flare up, Demand Supply mismatch, Geopolitical tensions in Middle East, Iran
& Venezuela sanctions and USA turning in to net exporter besides Hedge
Funds thus playing active role in oil price flare up.

 

The meeting was very
participative and members got enormously enlightened with a fruitful
interaction on the subject.

 

Indirect Tax Study Circle

 

Study Circle Meeting on “Interplay of GST with Account
Finalisation & ITR” held on 19th May, 2018

 

The above meeting,
addressed by CA. Gaurav Save, was held on 19th May, 2018 at Bathiya
& Associates LLP, Andheri.

 

The Speaker made a
detailed presentation on the following issues concerning the Accounts
Finalization and ITR Forms under GST regime a) Basis of Maintaining Books of
Accounts, b) Accounts & Records under GST, c) Turnover v/s. Aggregate
Turnover, d) Accounting Entries for GST, e) Reporting in ITR, f) Compliance
with Sec. 145A of IT Act and g) Reconciliation of accounts with GST returns.


CA. Gaurav Save also deliberated on conflicts that might arise between the
accounting principles to be followed under Accounting Standards and GST and
shared practical case studies on the subject.

 

The session was quite
interactive and the participants benefited a lot from the presentation shared
by the speaker.

Society News

LEARNING EVENTS AT BCAS

1. A three-day Mega Conference “R७ima५ine” was held from 4th January to 6th January, 2024 at Jio World Convention Centre, Mumbai.

We take pride in informing you that “R७ima५ine”, organised by the BCAS to celebrate its 75th year, received a thumping response; 1,000+ delegates from 75 Cities attended the event. R७ima५ine was, without a doubt, the biggest and most ambitious event hosted by BCAS in its illustrious history — an exuberant recognition of resilience, growth and the indomitable spirit of the accounting community, guided by over 40 thought leaders from different fields. The event was highly appreciated and acclaimed in the profession and garnered deserving coverage in the press.

For accessing the press coverage,

click here – https://bit.ly/496wOyV

On this occasion, BCAS also received a note of appreciation from the Hon’ble Prime Minister of India recognising the Society’s seven-and-a-half-decade committed service to the nation. The said commendation can be accessed at https://bit.ly/3SBhZhM

A detailed report on “R७ima५ine” is also given in this issue on page no: 11.

2. International Economics Study Group organised a meeting “Israel Palestine Conflict-Issues & Implications” on 19th December, 2023 in an Online Mode.

Group Leaders CA Deepak Karanth and CA K. K. Pahuja shared their practical insights regarding the Israel-Palestine conflict. The discussion on the war, spanning over 75 years with six wars and two uprisings, followed the intricacies of the conflict and noted that it is linked to the Middle East’s complex geopolitics, and that similar to the Russia-Ukraine conflict, involving powerful nations, its escalation could destabilise the global economy, impacting India and the world.

CA Deepak Karanth presented Israel’s perspective, while CA K. K. Pahuja highlighted Palestine’s suffering, revealing dire conditions in Gaza with a 50 per cent unemployment rate, widespread poverty, and a food security crisis. As tensions rise, targeting the US to draw it back into the Middle East may lead to further escalation, leaving the world on edge, uncertain if the US can prevent conflict escalation.

They further elaborated that the fate of the Israel-Palestine conflict is intertwined with global stability and the potential for repercussions that could resonate far beyond the borders of the Middle East, particularly for the economies of India and the world at large. The escalating tensions raise concerns about the fragility of the current state of affairs, akin to a powder keg waiting to explode.

3. Direct Tax Laws Study Circle organised a meeting “Financial Instrument Taxation” on 7th December, 2023 in an Online Mode.

The Group Leader CA Anup Shah shared a detailed analysis of financial instrument taxation, referring to specific sections and case laws to support his insights, showcasing a solid understanding of the topic. He further elaborated on the following:

1. Various trading segments.

2. Rates of taxation for listed and unlisted equity investments.

3. The requirement of audit of accounts as prescribed under section 44AB of the Income-tax Act, 1961 (Act).

4. The prescribed method of calculation of turnover in the case of speculative, derivatives and delivery based transactions.

5. The impact of section 44AD(4) read with section 44AD(1) along with a reference to the recently added proviso.

6. The tax treatment as per the Act of:

a. Shares and securities held as assets vs. stock-in-trade with reference to the CBDT Circular 6/2016, dated 29th February, 2016.

b. On the conversion of shares held as capital assets into stock-in-trade with reference to certain case laws.

c. In the case of the issue of shares in a company in which the public is not substantially interested as per section 56(2)(viib) of the Act.

d. In the case of the receipt of ESOPs.

e. Debt instruments, buyback of shares, and crypto assets.

The meeting was interactive and various issues were deliberated upon by the participants.

Miscellanea

1. BUSINESS

RBI not thinking of moving towards de-dollarisation: Governor

Reserve Bank of India (RBI) Governor Shaktikanta Das said that it is incorrect to say that there was a move towards de-dollarisation as the efforts of the central bank towards internationalisation of the rupee are not aimed at replacing the dollar.

“There is no such thinking to move towards de-dollarisation. The dollar will continue to be the dominant currency and whatever we are doing for the internationalization of the rupee, it is not to replace the dollar,” Das said at the World Economic Forum (WEF) Annual Meeting 2024 in Davos late on Tuesday.

India’s economy is expanding, with an increasing role in international trade. Gradually and steadily, India has entered new markets, countries, and products, particularly in services.

The objective is to offer the rupee as an alternative currency for settling transactions in international trade. It is incorrect to describe the internationalisation of the rupee as an effort towards de-dollarisation.

“Dependence on one currency can be risky as the entire global trade will be subject to the volatility of that particular currency,” he added.

Das said that the RBI has managed to achieve currency stability, making it ideal for overseas companies to invest in India and domestic companies to tap capital markets abroad.

Inflation in India is moderating and steadily approaching the central bank’s 4 per cent target while growth prospects remain robust, the RBI Governor noted.

Das also said that cryptocurrencies pose a huge risk, particularly for emerging market economies because they can impact your financial stability, currency stability, and monetary system.

“Cryptocurrency as a product is highly speculative, and my opinion and Reserve Bank’s opinion is that considering the big risk around it, I think countries like India should be very careful,” he added.

(Source: International Business Times — By IBT desk — 17th January, 2024)

 

2. TECHNOLOGY

PLI scheme to help India create a complete mobile supply chain in the next 3 years: Samsung

India will establish a complete supply chain for mobile production in the next three years driven by the production-linked incentive (PLI) scheme, just like China built its global supply chain years ago, and then, the growth will truly be led by the industry, Samsung India President and CEO J.B. Park said on 18th January, 2024.

In 2021, the Indian government had announced an outlay of R1.97 lakh crore for the PLI schemes for 13 key sectors, including mobile manufacturing.

The minimum production in India as a result of PLI schemes is expected to be over $500 billion in 5 years. Of the $101 billion electronics production in FY23, smart phones constituted $44 billion.

According to the government, the PLI scheme for smart phone manufacturing has resulted in local value addition of 20 per cent within a span of two-three years.

According to Park, the country still has about three years to further boost mobile exports from the country
and enable several brands to be eligible for the PLI scheme.

“This kind of policy that the government has given to the brands to come and build not only for domestic usage but also for exports, these kinds of incentives are very important to pivot the target that needs to be achieved,” Park told reporters here.

He said that in the next three years, “a complete mobile supply chain will be established in India”, just like China built its global supply chain years ago.

“After three years when all of the sub-supplier supply chains are established, I think the growth engine will be industry-led instead of government policy-led. It is the actual development that occurs with such initiatives,” Park noted.

The PLI scheme has attracted over ₹1.03 lakh crore of investment (till November 2023), according to the Ministry of Commerce and Industry.

The biggest impact of the PLI scheme is seen in mobile phone manufacturing as PLI beneficiaries, which account for about 20 per cent of the market share, contributed to about 82 per cent of mobile phone exports during FY 2022–23.

“Production of mobile phones increased by more than 125 per cent and export of mobile phones increased around 4 times since FY 2020–21,” according to the ministry. Manufacturing of various electronic components like batteries, chargers, printed circuit boards, camera modules, passive components and certain mechanics have been localised in the country.

Green shoots in the component ecosystem have emerged with large companies such as Tatas entering component manufacturing. The PLI scheme has made Indian manufacturers globally competitive, attracted investment in the areas of core competency and cutting-edge technology; ensured efficiencies; created economies of scale; enhanced exports, and made India an integral part of the global value chain.

According to Park, India has around 250 million feature phone users and they will eventually migrate to smart phones and, in five to 10 years of AI time-frame, they will again upgrade to the next level of device.

“More than 650 million smart phone base will start to increase as we will see more shifts of feature phone users happening to smart phones in India,” he said.

With the new Galaxy S24 series, Samsung has heralded the ‘AI phone’ era and AI-driven features will need to go local in order to address the needs of the masses.

“With brilliant engineers in India, we are already making the experiences local for our consumers. We will develop more local use cases adaptive to the users with AI,” said Park.

(Source: International Business Times — By IBT Technology desk — 18th January, 2024)

 

3. SCIENCE

Intermittent fasting may help slow brain ageing, boost longevity

If you want to help slow down your brain from ageing and increase your lifespan then follow diet patterns like intermittent fasting or restrict your calorie intake, suggests a study, led by researchers, one being of Indian origin.

A team of scientists at the Buck Institute for ‘Research on Ageing’ in California have found a role for a gene called OXR1 that is necessary for the lifespan extension seen with dietary restriction and is essential for healthy brain ageing.

OXR1 gene is an important brain resilience factor protecting against ageing and neurological diseases, said the researchers in the study, published in the journal Nature Communications.

“When people restrict the amount of food that they eat, they typically think it might affect their digestive tract or fat buildup, but not necessarily about how it affects the brain,” said Kenneth Wilson, a postdoctoral student at the Institute.

“As it turns out, this is a gene that is important in the brain.”

The team additionally demonstrated a detailed cellular mechanism of how dietary restriction can delay ageing and slow the progression of neurodegenerative diseases.

The study, done in fruit flies and human cells, also identifies potential therapeutic targets to slow ageing and age-related neurodegenerative diseases.

“We found a neuron-specific response that mediates the neuroprotection of dietary restriction,” said Professor Pankaj Kapahi from Buck Institute.

“Strategies such as intermittent fasting or caloric restriction, which limit nutrients, may enhance levels of this gene to mediate its protective effects,” he added.

The team began by scanning about 200 strains of flies with different genetic backgrounds. The flies were raised with two different diets, either with a normal diet or with dietary restriction, which was only 10 per cent of normal nutrition.

They found the loss of OXR1 in humans results in severe neurological defects and premature death. In mice, extra OXR1 improves survival in a model of amyotrophic lateral sclerosis (ALS).

Further, a series of in-depth tests found that OXR1 affects a complex called the retromer, which is a set of proteins necessary for recycling cellular proteins and lipids.

Retromer dysfunction has been associated with age-related neurodegenerative diseases that are protected by dietary restriction, specifically Alzheimer’s and Parkinson’s diseases.

The team found that OXR1 preserves retromer function and is necessary for neuronal function, healthy brain ageing, and lifespan extension seen with dietary restriction.

“Diet is influencing this gene. By eating less, you are actually enhancing this mechanism of proteins being sorted properly in your cells, because your cells are enhancing the expression of OXR1,” said Wilson.

(Source: International Business Times — By IBT desk — 16th January, 2024)

Statistically Speaking

Regulatory Referencer

I. SEBI

1. Extension of the deadline for implementation of new SCORES norms to April 2024: Earlier, SEBI had notified norms for the redressal of investor grievances through the SEBI Complaint Redressal (SCORES) Platform and linking it to the Online Dispute Resolution platform. As per the said circular, the new norms were to be implemented from 4th December, 2023. However, SEBI has now extended the date of implementation to 1st April, 2024. [Notification No. SEBI/HO/OIAE/IGRD/CIR/P/2023/18, dated 1st December, 2023]

2. Revised framework for computation of Net Distributable Cash Flow by REITs and INVITs: In order to promote ease of doing business, SEBI has decided to standardise the framework for the calculation of available Net Distributable Cash Flows (NDCF). Accordingly, the revised framework for computation of NDCF by REITs, INVITs, and its Holding companies / SPVs shall be as per the computation formula provided in the circulars. Further, any restricted cash should not be considered for NDCF computation by the SPV, REITs or InvITs. The revised framework shall be applicable from 1st April, 2024. [Circular No. SEBI/HO/DDHS/DDHS-POD/P/CIR/2023/184 & 185, dated 6th December, 2023]

3. Procedures for dematerialisation / crediting of units by AIFs when investors have not provided dematerialisation account details: SEBI had earlier mandated AIFs to dematerialise units within a specified timeframe. SEBI has now provided guidelines for dematerialising / crediting units in cases where investors haven’t provided demat account details. As per the said circular, the AIF managers shall continue to reach out to existing investors to obtain demat account information. Additionally, provisions for a separate demat account named “Aggregate Escrow Demat Account” have also been introduced. [Circular No. SEBI/HO/AFD/POD1/CIR/2023/186, dated 11th December, 2023]

4. Revision of framework requiring Stock Brokers / Clearing Members to upstream clients’ funds to Clearing Corporations: Earlier, SEBI issued a framework requiring Stock Brokers (SBs) / Clearing Members (CMs) to upstream (i.e., placed with) clients’ funds to Clearing Corporations (CCs). Later, representations have been received citing difficulties in implementation. Now, SEBI has issued a revised framework for the same. The bank instruments provided by clients as collateral cannot be upstreamed to CCs, and they shall be ineligible to be accepted as collateral in any segment of the securities market. [Circular No. SEBI/HO/MIRSD/MIRSD-POD-1/P/CIR/2023/187, dated 12th December, 2023]

5. Accreditation Agencies, which are also KRAs, can now access KYC docs of applicants available with them: Earlier, SEBI vide circular dated 26th August, 2021, issued a framework for accreditation of investors by Accreditation Agencies. Now, SEBI has decided to simplify the requirements for grant of accreditation to investors. Accreditation Agencies, which are also KYC Registration Agencies (KRAs), may access Know Your Customer (KYC) documents of applicants available with them in the capacity of KRA and may also access the same from the database of other KRAs, for the purpose of accreditation. [Circular No. SEBI/HO/AFD/POD1/CIR/2023/ 189, dated 18th December, 2023]

6. Amendment of guidelines for online resolution of disputes in the Indian securities market: Earlier, the SEBI vide circular dated 11th August, 2023, had consolidated the norms relating to the guidelines for online resolution of disputes in the Indian securities market. Pursuant to feedback received for providing clarity on certain aspects, SEBI has notified various additions and amendments. It has been now decided that the seat and venue of mediation, conciliation and / or arbitration shall be in India and can be conducted online. Further, various other changes were notified too. [Circular No. SEBI/HO/OIAE/OIAE_IAD-3/P/CIR/2023/191, dated 20th December, 2023]

7. Trading Members (TMs) allowed to settle client accounts on Fridays and / or Saturdays, offering flexibility and easing operations: SEBI has decided to accept the recommendation of the Broker’s Industry Standards Forum (ISF) to settle the running account of clients on Friday and / or Saturday, which streamlines the process of settlement and ensures ease of doing business for various stakeholders viz., stock brokers and banks, while at the same time safeguarding the interests of the investors by ensuring error-free settlement. Accordingly, SEBI has made key changes in the Master Circular Dated 17th May, 2023. [Circular No. SEBI/HO/MIRSD/MIRSD-POD1/P/CIR/2023/197, dated 28th December, 2023]

8. Extension of timeline for nomination in demat accounts and mutual funds to 30th June, 2024: Earlier, SEBI had extended the deadline for submitting the ‘choice of nomination’ for demat accounts and mutual fund folios to 31st December, 2023. However, in response to representations from market participants and in an effort to enhance compliance ease and investor convenience, the deadline for submitting the ‘choice of nomination’ for demat accounts and mutual fund folios has been further extended to 30th June, 2024. [Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2023/193, dated 27th December, 2023]

 

II. DIRECT TAX: SPOTLIGHT

1. Guidelines under 194O(4) of the Income-tax Act,1961 —

Circular No. 20 of 2023 dated

28th December, 2023:

In continuation to circular no. 17 of 2020 dated 29th September, 2020, and circular no. 20 of 2021 dated 25th November, 2021, CBDT has issued further guidelines to remove the difficulties in implementation of section 194O.

2. Form ITR-1 SAHAJ and Form ITR-4 SUGAM notified for A.Y. 2024–25 — Income-tax (Thirtieth Amendment) Rules, 2023 — NotificatIoN No. 105/ 2023 dated 22nd December, 2023.

III. FEMA AND IFSCA REGULATIONS

1. FEMA Notification on “Manner of Receipt and Payment” revised:

FEMA Notification No. 14(R)/2016-RB dated 2nd May, 2016, on “Manner of Receipt and Payment” has been replaced and superseded by FEMA Notification 14(R)/2023-RB dated 21st December, 2023. It seems to be an attempt to bring simplification and clarity in line with the internationalisation of the Rupee. It has been clarified that trade transactions can now be in Indian Rupees or any foreign currency. Provisions regarding special cases have been removed considering INR payments and receipts are now allowed. It should be noted that the new notification uses the term “foreign currency” in place of “freely convertible foreign currency”. [Notification No. FEMA 14(R)/2023-RB dated 21st December, 2023]

2. Overhaul of Master Direction on Risk Management and Inter-Bank Dealings:

The present framework for hedging of foreign exchange risks was after a comprehensive review and public consultation undertaken in 2020. RBI has further reviewed them now based on feedback received from market participants and experience gained since the revised framework came into force. A new Master Direction on “Risk Management and Inter-Bank Dealings” has been issued and will come into effect on 5th April, 2024. The regulatory framework governing the hedging of foreign exchange risks has been made more comprehensive by consolidating the directions in respect of all types of transactions — over-the-counter (OTC) and exchange traded. Further, the Directions contained in the Currency Futures (Reserve Bank) Directions, 2008, and Exchange Traded Currency Options (Reserve Bank) Directions, 2010, are also now incorporated in the same Master Direction. [A.P. (DIR Series) Circular No. 13 dated 5th January, 2024]

3. Taxation, Accounting, Book-Keeping and Financial Crime Compliance Services Notified as ‘Financial Services’ under the IFSCA:

The Finance Ministry has expanded the kind of services that Units in an International Finance Services Centre can be provided by notifying book-keeping services, accounting services, taxation services and financial crime compliance services as ‘financial services’ under the IFSC Authority Act, 2019. Such financial services shall be offered by units in an IFSC only to non-residents (as per FEMA) whose businesses are not set up either by splitting up or reconstructing or reorganising businesses already in existence in India. Such Units shall also not offer services by either transferring or receiving existing contracts or work arrangements from their Indian group entities. Financial crime compliance services shall include services rendered in relation to compliances of Anti-Money Laundering (AML), Countering the Financing of Terrorism (CFT) measures and Financial Action Task Force (FATF) recommendations, and other related activities. [Notification No. S.O. 291(E) dated 18th January, 2024]

Learning Events at BCAS

1. 16th Jal Erach Dastur CA Students’ Annual Day — ‘Tarang @75’ at BCAS Hall on 2nd & 3rd December 2023 and CA Member’s event — JhanCAr on 10th December 2023 at M.M. Pupils School, Khar(W), Mumbai

‘Tarang @75’

In its Platinum Jubilee year, BCAS celebrated student’s annual day viz. ‘Tarang @75’ in a grand style with a huge enrolment of around 500 students. The day began with all of the students unleashing their literary journey with the power of words. The Talk Hawk Competition provided a platform where ideas were presented and stage fear was battled for many. The talks were not only enriching but also highlighted very sensitive areas around men’s mental health, feminism, cancel cultures, etc., the narratives left a lasting impression emphasizing the power of communication and their delivery. The Talk Hawk was followed by a Debate Competition, a dynamic forum of intellectual exchanges and challenging thoughts. It was moderated by CA Parth Patani. As arguments clashed and ideas collided, the atmosphere was charged with discussions and controversies. Thought-provoking perspectives came to life as the students put their points forward with well-researched statistics and their own general understanding of the topics.

The next day, started with enthusiasm of treasures and clues, and students running around the streets of south Bombay and taking photos around the place. ‘Treasure Hunt’ was an event largely participated by the students showing the spirit of adventure and teamwork. The spirit of adventure and teamwork took over the day that began with zeal and zest! After all the chaos and actions, students finally gathered at the BCAS hall with all fun and excitement awaiting how the rest of the day unfolds!

The fun of the evening quickened as the spotlight shifted to a dazzling talent hunt, where students showcased their skills in music, dance, and various performing arts categories. The stage came alive with a fusion of creativity and talent, leaving the audience cheering for their friends and enjoying the love and light of the energies around them.

Almost 279 students participated in various activities like Treasure Hunt, Reel Mix Competition, Photography Competition, Antakshari Competition, Talk Hawk’, Essay Writing Competition and Talent show.

‘JhanCAr 20K3’

JhanCAr 2k23 marked its beginning by kicking off with an exhilarating event Corporate Roadies — a multisport adventure — a team play filled with excitement, surprises, and physical challenges with diverse courses of action!!

As the opening bell chimed, signalling the commencement of the Mock Stock Exchange, the room buzzed with excitement and nervous energy. Participants, each armed with a virtual portfolio and a strategy, gathered around their mobile screens, ready to engage in a thrilling financial adventure. Little did we know that the next few hours would be a rollercoaster of fun, thrills, and chaos. The rounds kicked off with a flurry of buy and sell orders. Excitement was palpable as stock prices fluctuated wildly. Laughter and cheers erupted when someone made a brilliant move, while groans echoed across the room when others faced unexpected losses. With CA Jigar Shah creating expert comments and news being read, the entire place was full of screams and laughter!

Following the physically exhausting games, now finally came the mental exhaustion, where teams gathered, each armed with a case file and a determination to uncover the secrets hidden within the financial statements in the event named ‘Investigator’. As the simulated crime scene unfolded on spreadsheets and balance sheets, teams meticulously combed through financial statements, scrutinizing every transaction, entry, and ledger balance. The case study presented a scenario where the cash flow appeared to be at odds with the company’s reported revenues and expenses, creating a financial puzzle. In the end, the true victory lay not just in solving the financial mystery but in the collaborative spirit that had driven each team.

JhanCAr took an innovative turn with the introduction of a captivating ‘Reverse Shark Tank’ — an investment ideology game. Participants showcased their entrepreneurial acumen by justifying the pitching of unconventional and creative business ideas to a panel of judges. This unique twist added a strategic and competitive edge to Jhancar 2k23, challenging participants to think outside the box and answer questions that judges had for them.

The pulse of the evening quickened as the spotlight shifted to a dazzling talent hunt, -Starquest where individuals and teams showcased their skills in music, dance, and various performing arts categories. The stage came alive with a fusion of creativity and talent, leaving the audience in awe of the diverse abilities displayed by the participants. CA Hrudyesh Pankhania truly brought the event to life with his supercharged energy and shayaris!!

A drumroll of anticipation seemed to echo and the winners were announced. Cheers erupted and the smiles and high-fives were not just a celebration of victory but a testament to the dedication, collaboration, and analytical skillset that had propelled them to the top.

The Winners of various competitions are as under:

Winners- 16th Jal Erach Dastur CA Students’ Annual Day
Treasure Hunt Antakshari
‘Suronke Maharathi’
Debate
‘War of Words’
Winning Teams
Naman Jogani, Khushi Kaushal Vishesh Mehta
Raghav Singhal, Virati Shah Yash Mehta
Siva Vignesh Shan Ruchita Gupta Arnav Singh
Reel Mix
‘Tarang Reel-Star’
Photography
‘Khinch Le’
Talk Hawk
‘Aspire to Inspire’
Best Performers*
Vrushti Mehta Yashwardhan Mandoth Vaidik Parwal
Essay Writing
‘Awaken the Writer Within!’
Talent Show*
‘CA’s Got Talent’
Music Ashwati Nair
Neha Agnihotri –
1st Prize
Dancing Tanvi Shenoy
Siddhi Sancheti –
2nd Prize
Instruments Vineet Mishra
Sunidhi Gaur -3rd Prize Other Performing Arts Sakshi Chaubey

Winners- 16th Jal Erach Dastur CA Students’ Annual Day

Starquest Mock Stock Investigator
Winning Teams
Rishikesh Joshi –
1st Prize
Bansari Sanghvi Bansari Sanghvi
Sagar Shah –
2nd Prize
Lokesh Rathod Lokesh Rathod
Nidhi Bawri – 3rd Prize Arnav Goyal Arnav Goyal
Reverse Shark Tank Corporate Roadies Overall games Winners
Winning Teams
Hardik Thakkar Sagar Patel Bansari Sanghvi
Smit Jain Parth Dongra Lokesh Rathod
Vriddhi Rawtani Pushkar Arnav Goyal

As the night progressed, the rhythm intensified with an electrifying Jamming session that got everyone on their feet, celebrating the success of Jhancar 2k23. The event reached its pinnacle with a dinner, providing a perfect finale to a day filled with excitement and creativity.

Both events were conducted by the Human Resource Development Committee (HRD) Team under the able guidance of CA Anand Kothari, CA Jigar Shah, CA Dnyanesh Patade and CA Utsav Shah. The Society is thankful to the Bank of Baroda and J.K.Shah Classes for partnering with BCAS by sponsoring JhanCAr 20K3.

2. The International Tax and Finance Study Circle organised a meeting “Moving to Singapore — A Singapore Perspective” on 12th December, 2023 in an Online Mode.

Group Leader Mr. Sanjay Iyer shared his practical insights with respect to nuances in setting up the presence in Singapore in the session. The topics covered in the discussion were:

1. Recent amendment of capital gains on foreign assets becoming taxable in Singapore.

2. Various routes of investments along with procedures and relevant government authorities involved.

3. Opening of a bank account in Singapore and the potential difficulties a new investee may face.

4. The concepts of Single and Multi-Family Offices along with key processes and potential issues that may arise.

5. Key aspects of succession planning.

Towards the end, some important practical aspects of living in Singapore including an approximate cost of living were also discussed. The session provided great insight into the overall operational aspects of moving to Singapore.

3. HRD Study Circle Meeting held a Film Screening — “The Power of Vision” on 25th November, 2023 @ BCAS.

The participants watched the film “The Power of Vision” by Joel Barker (known as a futuristic visionary) and discussed the same as a case study. Mr. Vinod Kumar Jain explained about the film. He explained the importance and power of having a vision in a person’s life, in a commercial or one’s socio-economic endeavours.

The participants discussed that the said film demonstrated how having a positive vision of the future is the most forceful motivator for change and success that companies, schools, communities, nations, and individuals possess.The film explained how a prisoner found the will to survive suffering on earth — at Auschwitz concentration camp — so he could help others find the meaning of life. How did most students in a neighbourhood finish high school beating all the odds paving their way to college? How do organisations inspire employees to be more than observers, exercise their choices wisely and create their futures?

Futurist Joel Barker showed why a shared vision makes decision-making easier, why effective visions are never expressed in numbers, and why a vision must be inspiring enough to challenge each member of the vision community to grow and reach beyond their previous limits.

“The Power of Vision” showed how in your organisation thinking together, dreaming together, and acting together can make a difference in the world.

Key Learnings:

1. Creating a compelling vision that goes beyond numbers

2. Challenging others to stretch beyond their perceived limits

3. Inspire a personal, daily connection to a shared vision

4. Improved decision making

5. New employee training

6. Leadership

7. Team building

After the screening of the film, participants discussed their learnings from the film, their experiences and how the same can be applied in their personal lives, educating their students and children. They also discussed how our nation’s present image-building action by our government will help our country grow to much greater heights.

4. Webinar on “Digital Brandscaping for Professionals” held on 25th November, 2023 in Online Mode.

The Technology Initiatives Committee of BCAS conducted a Webinar on Digital Brandscapting for Professionals. The webinar was planned to guide professionals in creating and nurturing their brand digitally within the Code Of Ethics of ICAI.

The webinar began with Mr. Mihir Karkare, a founder of a renowned social media marketing company, sharing with the participants the importance of branding digitally on various social media platforms. He also emphasised and shared insights on why digital branding is important for professionals in this digital age and era.

The webinar in its second part, addressed basic but important and relevant questions on balancing digital branding ourselveswith the Code of Ethics of ICAI as far as CAs in profession are concerned. Speaker CA Aseem Trivedi shared the practical aspects and clarified the ambiguity around using social media without violating the code of conduct.

The third part was quite an eye-opening session where our committee member CA Hrudyesh Pankhania gave participants a hands-on demonstration of how to use social media and make every bit of one’s reach count. The session focussed on refining social media networking and reach.

The webinar had participants from 25 cities across all age groups.

5. Suburban Study Circle Meeting on “Recent Litigation Trends in GST” on Friday 24th November, 2023 at Golden Delicacy Multicuisine Restaurant, Borivali (W).

The Group Leader CA Prerana Shah discussed with the group various issues arising in GST Compliance at the time of filing various returns including annual returns and commonly raised issues during assessments. She shared an educative presentation on important points based on judicial precedents/circulars and notifications and her views thereon.

In a knowledge-oriented and practical session, she lucidly covered all important points. She illustrated the interpretation of some of the important provisions with the help of case studies.The session was very interactive with participants deliberating upon a large number of practical queries. CA Prerana’s experience with the subject area was well appreciated by the group.

6. Indirect Tax Laws Study Circle on “GST Portal — Recent Developments and Challenges” held on 24th November, 2023 in Online Mode.

Group leader CA Umang Talati presented various issues & challenges faced by taxpayers on the GST portal as well as various recent developments on the portal. The presentation covered the following aspects for detailed discussion:

1. Discussion on Circular 170/02/2022-GST and its impact on disclosure to be made while filing GSTR-9.

2. New functionality of Electronic Credit Reversal and Reclaimed Statement enabled on the portal.

3. New functionality of Return Compliance Portal — DRC-01B/ DRC-01C enabled on the portal and manner of replying to such notices.

4. Implementation of Rule 37A and associated issues.

5. Procedural challenges in filing an appeal.

6. Geocoding facility on the portal – applicability & other challenges.

7. Utility of verifying RFN facility introduced on the portal.

Around 60 participants from all over India benefitted while taking an active part in the discussion.

7. ITF Study Circle Meeting held on 16th November, 2023 in Online Mode.

In the study circle meeting, the participants discussed the implications of the landmark Supreme Court ruling in the case of Nestle SA on the MFN Clause in a tax treaty:

  • The group leader CA Gunjan Kakkad explained the facts of both the lead cases which were adjudicated in the common order by the Supreme Court, along with providing some background to the controversy at hand.
  • The Supreme Court’s ruling was discussed in great detail.
  • This was followed by a detailed analysis of the ruling and its reasoning.
  • The Way Forward and the potential consequences of the ruling were discussed in detail. Many members expressed divergent views on the potential consequences.
  • There was also a discussion on the potential arguments that may be taken in various proceedings initiated as a result of the Supreme Court ruling.

Miscellanea

1. TECHNOLOGY

1 Apple set to open its fourth iPhone factory in India in a China+1 strategy

Apple is set to get its fourth manufacturing facility in India, with the Tata Group reportedly planning a new factory that will manufacture iPhones, a move that aligns with Apple’s strategy of accelerating its supply chain in India. The new factory, according to a Bloomberg report that cites unnamed sources, is expected to have 20 assembly lines and employ 50,000 staffers within two years of being operational.

The sources further said that the group plans to make the factory operational in the next 12 to 18 months. “India is important to many big tech companies for several reasons — the human capital, relatively cheap labor pool, a maturing supply chain, and the country’s pragmatism,” said Prachir Singh, senior analyst at Counterpoint Research.

In October, the Tata Group acquired an iPhone assembly plant, located in Karnataka, from Taiwanese manufacturing firm Wistron for $125 million. The acquisition is still pending regulatory approval.Queries sent to the Tata Group and Apple went unanswered.

These developments come at a time when Apple is looking to scale down its operations in China, due to the ongoing trade war between Washington and Beijing, and scale up its operations in Asian economies, including India, Thailand, Vietnam and Malaysia.

“Apple has been looking for a second place to expand and diversify its manufacturing operations beyond China. The new plant at Hosur could be a clear indication that India is that second destination,” said Abhilash Kumar, industry analyst at TechInsights. “The year 2023 saw a lot of activity in India that propelled the nation to be the 4th largest in terms of Apple’s supply chain network,” Kumar added.

Apple’s strategy to shift its manufacturing operations to India gained more mileage in January this year as New Delhi provided initial clearance to several Chinese suppliers, who assemble multiple Apple products and sell parts for these products to Apple.

Other than the Tata Group, other contract manufacturers such as Foxconn and Pegatron, are also manufacturing Apple products in India. Foxconn, the largest contract manufacturer globally, has a plant at Sriperumbudur in Tamil Nadu, which manufactures iPhones, metal casings and other components.

The company, which is the only manufacturer of Apple’s latest iPhone 15 and 15 plus models, has announced plans to open two other manufacturing facilities at Devanahalli, Karnataka, and Kongara Kalan, Telangana. Pegatron, which manufactures older models of iPhones at its Singaperumal Koil plant in Tamil Nadu, is also reportedly planning a second plant in Tamil Nadu.

The new plant from Tata Group, according to Kumar, could generate a lot of employment opportunities for Indians while putting the country at the forefront of Apple’s manufacturing plans.

Another proof of India’s growing importance to Apple, Kumar said, is the recent launch of two retail stores by the company in Mumbai and New Delhi.

(Source: www.computerworld.com— 8th December, 2023)

2 Attacks against personal data are up 300 per cent, Apple warns

Apple tells us more than 2.6 billion personal records have already been compromised by data breaches in the past two years.

It’s almost as though the best way to ensure your online data is safe is to make sure no one stores any of it. It feels likely that the Apple-commissioned study (“The Continued Threat to Personal Data”) is designed to reinforce the company’s arguments around the need for strong end-to-end data encryption and security.

• What Apple said?

In a statement, Craig Federighi, Apple’s senior vice president of software engineering, warned:

“Bad actors continue to pour enormous amounts oftime and resources into finding more creative andeffective ways to steal consumer data, and we won’trest in our efforts to stop them. As threats to consumer data grow, we’ll keep finding ways to fight back onbehalf of our users by adding even more powerful protections.”

• Attack velocity is increasing incredibly fast

The study, conducted by Massachusetts Institute of Technology professor Stuart Madnick, found clear proof that data breaches have become a global epidemic. The number of data breaches more than tripled between 2013 and 2022 and has continued to worsen in 2023.

The big message is that robust protection against breaches needs to be mandatory. End-to-end encryption, for example, is all the more important when criminals and dodgy government-backed spies are attempting to break into the servers your data sits on.

That’s less of a problem when even the server doesn’t understand and can’t read that information. If the server can’t read it, chances are neither can the perpetrators.

• We should use Advanced Data Protection

The report also delivers a pretty powerful message of recommendation for the need to enable Apple’s recently introduced Advanced Data Protection for iCloud.

Apple’s data protection already extends to encryption of critical information such as passwords and other sensitive information. Advanced Data Protection adds protection for Notes, iCloud Backup, and Photos to the list, though there are some limitations.

It really should concern anyone online that the momentum of these attacks is increasing so dramatically. In the US alone, there were nearly 20 per cent more breaches in just the first nine months of 2023 than in any prior year, Apple said.

The report also warns that more than 80 per cent of breaches involved data stored in the cloud, even as attacks against cloud infrastructure nearly doubled between 2021 and 2022.

• Attackers are sophisticated and well-resourced

Hackers are becoming more professionalised and better resourced, most security experts agree.Some even run help desks to assist impacted customers!

The deal is that ransomware is a huge business, one that benefits from more sophisticated attackers who have always known how to gather and combine small pieces of data from individuals lower down the enterprise security chain to violate security elsewhere.

Simen Van der Perre, strategic advisor at Orange Cyberdefense, recently warned that many of the most sophisticated ransomware attacks take place over time in different stages.

In this environment, you must expect every small vulnerability to be prodded and explored.

“Hackers are evolving their methods and finding more ways to defeat security practices that once held them back. Consequently, even organizations with the strongest possible security practices are vulnerable to threats in a way that wasn’t true just a few years ago,” Apple said.

• Encrypt all the things

“In recent years, we have seen an unprecedented increase in both the number of cyber threats and their sophistication, with attacks becoming more tailored as criminals aim for maximum impact, and maximum profit,” according to Bernardo Pillot (INTERPOL’s Assistant Director of Cybercrime Operations) who’s quoted in the report.

But making sure data is incomprehensible even if it is accessed is the company’s approach to personal and enterprise security. After all, if someone breaks into your online data but can’t make any sense of it, your data remains effectively safe.

Of course, data isn’t solely a problem for employees and users. All those data lakes held by a myriad of different firms are potential targets, and we’ve seen data brokers and government-related systems broken into enough times to understand that the information those systems hold about people should also be more effectively protected.

• We need bigger walls, not larger gates

Apple warns that because people now live more of their lives online, corporations, governments and other types of organisations collect more and more personal data — sometimes with little choice from individuals.

At the same time, the interconnected nature of global business means a successful hack against one small supplier making use of data about people at the company stolen elsewhere can give attackers access to information stored on servers belonging to a much larger company, putting everyone at risk.

Attacks of this kind can ruin customer relationships and bankrupt companies — and those nations that remove the protection of end-to-end encryption from consumer and business users alike had better recognise the risk they are taking with their population’s digital security and enterprise success.

Strong and robust digital protection is essential in a connected world, weakening that is a luxury no one can afford.

(Source: computerworld.com— 10th December, 2023)

2. ENVIRONMENT

1.World’s biggest iceberg A23a on the move after 30 years

The iceberg, called A23a, split from the Antarctic coastline in 1986. But it swiftly grounded in the Weddell Sea, becoming, essentially, an ice island. At almost 4,000 sq km (1,500 sq miles) in area, it’s more than twice the size of Greater London. The past year has seen it drifting at speed, and the berg is now about to spill beyond Antarctic waters.

A23a is a true colossus, and it’s not just its width that impresses. This slab of ice is some 400m (1,312 ft) thick. For comparison, the London Shard, the tallest skyscraper in Europe, is a mere 310m tall.

A23a was part of a mass outbreak of bergs from the White Continent’s Filchner Ice Shelf. At the time, it was hosting a Soviet research station, which just illustrates how long ago its calving occurred. Moscow dispatched an expedition to remove equipment from the Druzhnaya 1 base, fearing it would be lost. But the tabular berg didn’t move far from the coast before its deep keel anchored it rigidly to the Weddell’s bottommuds.

So, why, after almost 40 years, is A23a on the move now?

“I asked a couple of colleagues about this, wondering if there was any possible change in shelf water temperatures that might have provoked it, but the consensus is the time had just come,” said Dr Andrew Fleming, a remote sensing expert from the British Antarctic Survey.

“It was grounded in 1986 but eventually it was going to decrease (in size) sufficiently to lose grip and start moving. I spotted the first movement back in 2020.” A23a has put on a spurt in recent months, driven by winds and currents, and is now passing the northern tip of the Antarctic Peninsula.

Like most icebergs from the Weddell sector, A23a will almost certainly be ejected into the Antarctic Circumpolar Current, which will throw it towards the South Atlantic on a path that has become known as “iceberg alley”.

Eventually, all bergs, however big, are doomed to melt and wither away. Scientists will be following the progress of A23a closely. If it does land in South Georgia, it might cause problems for the millions of seals, penguins and other seabirds that breed on the island. A23a’s great bulk could disrupt the animals’ normal foraging routes, preventing them from feeding their young ones properly.

But it would be wrong to think of icebergs as being just objects of danger — Titanic and all that. There’s a growing recognition of their importance to the wider environment. As these big bergs melt, they release the mineral dust that was incorporated into their ice when they were part of glaciers scraping along the rock bed of Antarctica. This dust is a source of nutrients for the organisms that form the base of ocean food chains.

“In many ways, these icebergs are life-giving; they are the origin point for a lot of biological activity,” said Dr Catherine Walker, from the Woods Hole Oceanographic Institution, who was born in the same year as A23a. “I identify with it; it’s always been there for me.”

(Source: www.reuters.com— 25th November, 2023)

2 COP28 Summit in Dubai: Indian climate activist Licypriya Kangujam storms the stage

A 12-year-old protester burst onto the stage at the COP28 climate summit in Dubai. Conference of the Parties or COP28 saw many firsts this year. From organising the COP’s first-ever “Health Day” to hosting “the first-ever COP ministerial dialogue on building water-resilient food systems” — there were many events and “landmark” moments that embraced the COP28 climate summit.

Several countries clashed over a possible agreement to phase out fossil fuels at the COP28 summit in Dubai, jeopardising attempts to deliver a first-ever commitment to eventually end the use of oil and gas in 30 years of global warming talks.

Activists designated Saturday a day of protest atthe COP28 summit in Dubai. But the rules of thegame in the tightly controlled United Arab Emirates at the site supervised by the United Nations meant sharp restrictions.

Public protests have been limited at the United Nations talks that are being held in the United Arab Emirates, which bans many organised groups, including political parties and labour unions.

COP28 Summit in Dubai: Who is Licypriya Kangujam, an Indian protestor who dashed onto the stage?

1) Licypriya Kangujam is a child climate justice activist from India who was escorted away as the audience clapped, Reutersreported.

2) She delivered a short speech after rushing onto the stage at the COP28 summit in Dubai. The teenager protested against the use of fossil fuels.

3) “End fossil fuels. Save our planet and our future”, a 12-year-old protester ‘Licypriya Kangujam’ burst onto the stage at the COP28 climate summit in Dubai on Monday, holding a sign above her head.

4) COP28 Director-General Ambassador Majid Al Suwaidi said he admired the enthusiasm of young people at COP28 and encouraged the audience to give Kangujam another round of applause.

5) In a post on X (formerly Twitter), the activist wrote, “Here is the full video of my protest today disrupting the UN High-Level Plenary Session of #COP28UAE. They detained me for over 30 minutes after this protest. My only crime — Asking to Phase out Fossil Fuels, the top cause of the climate crisis today. Now they kicked me out of COP28.”

6) “Governments must work together to phase out coal, oil and gas – the top cause of the climate crisis today. Your action today will decide our future tomorrow. We are already the victims of climate change. I don’t want my future generations to face the same consequences again. Sacrificing the lives of millions of innocent children for the failures of our leaders is unacceptable at any cost,” she said.

7) The teenager also wrote, “Millions of children like me are losing their lives, losing their parents and losing their homes due to climate disasters. This is a real climate emergency. Instead of spending billions of dollars in wars, spend it on ending hunger, giving education and fighting climate change.”

8) “I’m a child who is completely frustrated by today’s climate crisis. We are the first line of victims. I feel the core issues of phasing out fossil fuels are kept inside in the negotiations process going on in the COP28 with over 2,500 fossil fuel lobbyists,” she added.

(Source: www.livemint.com— 12th December, 2023)

Regulatory Referencer

I. COMPANIES ACT, 2013

1. Specified public companies may issue securities for listing on permitted exchanges in permissible foreign jurisdictions: MCA has notified 30th October, 2023 as the effective date for enforcement of section 5 of Companies (Amendment) Act, 2020. Section 5 of Companies (Amendment) Act deals with provisions related to public offers and private placement. New sub-sections have been inserted which states that a specified class of public companies may issue such class of securities for the purpose of listing on permitted stock exchanges in permissible foreign jurisdictions or other jurisdictions as may be prescribed. [Notification No. S.O. 4744(E), dated 30th October, 2023]

2. MCA notifies LLP (Significant Beneficial Owners) Rules, 2023: The MCA has notified LLP (Significant Beneficial Owners) Rules, 2023. The provisions of these rules shall apply to all the LLPs. As per the newly notified rules, every reporting LLP shall take steps to find out if there is any individual who is a significant beneficial owner, in relation to that LLP, and if so, identify him and cause such individual to make a declaration in Form No. LLP BEN-I. Existing SBOs shall file a declaration within 90 days from the commencement of these rules. [Notification dated 9th November, 2023]

II. SEBI

3. SEBI redesigns format for Mutual Fund scheme offer documents: In order to enhance the ease of preparation of the Scheme Information Document (SID) by mutual funds and increase its readability for investors, SEBI undertook an exercise to revamp the format of SID. In the revised format, SEBI has mandated AMCs to disclose the risk-o-meter of the Benchmark on the Front page of the initial offering application form, Scheme Information Documents (SID), and Key Information Memorandum (KIM); in the Common application form. The updated format is to be implemented w.e.f. 1st April, 2024.
[Circular No. SEBI/HO/IMD/IMD-RAC-2/P/CIR/2023/000175, dated 1st November, 2023]

4. SEBI introduces a procedural framework for dealing with unclaimed amounts lying with InvITs, REITs & specified entities: SEBI with an objective to make the process of claiming unclaimed funds by investors uniform, has specified a procedural framework for dealing with unclaimed amounts lying with InvITs, REITs and entities having listed non-convertible securities. Further, the norms w.r.t the manner of claiming such unclaimed amounts by investors have also been prescribed. The circular shall be effective from 1st March, 2024.
[Circular No. SEBI/HO/DDHS/DDHS-RAC-1/P/CIR/2023/178, dated 8th November, 2023]

5. SEBI mandates brokers to inform the most important terms and conditions to clients: SEBI with an objective to bring into focus the critical aspects of the broker-client relationship and for ease of understanding of the clients, mandates brokers to inform a standard Most Important Terms and Conditions (MITC) to the clients. Further, this MITC shall be acknowledged by the client. Further, the detailed norms for implementation of MITC shall be published latest by 1st January, 2024, by the Brokers’ Industry Standards Forum (ISF) in consultation with SEBI. [Notification No. SEBI/HO/MIRSD/MIRSD-POD-1/P/CIR/2023/180, dated13th November, 2023]

6. SEBI sets aside the norms w.r.t freezing of folios without PAN, KYC details and nomination: Earlier, the SEBI notified the norms w.r.t furnishing PAN, KYC details and nomination. Under the extant norms, if PAN, nomination, and other details were not submitted by holders of physical securities by 1st October, 2023, the folios shall be frozen by the RTA and shall also be referred by the RTA / company to the administering authority under the Benami Act/ PMLA. Now SEBI has decided to take away this to mitigate unintended challenges on account of freezing of folios. [Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2023/181, dated17th November, 2023]

III. FEMA AND IFSCA REGULATIONS

1. Permission to International Branch Campuses and Offshore Educational Centres at GIFT-IFSC to avail infrastructure services from Academic Infrastructure Service Providers: The IFSC (Setting up and Operation of International Branch Campuses and Offshore Education Centres) Regulations, 2022 enable globally reputed foreign universities or foreign educational institutions to set up International Branch Campuses (IBC) or Offshore Educational Centres (OEC) in IFSC. Based on requests from stakeholders, a circular has been issued allowing IBCs and OECs to avail of infrastructure and other support services from Academic Infrastructure Service Providers (AISP). The circular prescribes several conditions with respect to the type of infrastructure and support services that are permissible; eligibility conditions for the AISP; and obligations of the IBCs/OECs. [Circular eF.No.IFSCA-BDev./FU/1/2023-BD dated 14th December, 2023]

Tech Mantra

This time we present a few nifty productivity tips for
Accountants – from the must-haves to the exotic. Each tool
has its advantages and some are those which you simply
cannot do without!

 

SENDTHISFILE.COM

Very often, we need to send
large files to colleagues, friends or family. They may be
image files or video files or just pdf files. Sometimes, it may
be large medical reports which need to be sent to a doctor
abroad for a second opinion. Most of the email clients
cannot handle file sizes of more than 20-25 MB at a time –
gmail has a limit of 25MB for attachments.
www.sendthisfile.com comes to the rescue. This is a very
simple but powerful utility which helps us send large files. You
just need to logon, create an account – yes it is free – and send
your file. As simple as that! What it does, is that it uploads the
files to a secure server, and sends the link of the uploaded
file to the email recipient. The email recipient just has to click
on the link, and she can download the file directly. So neither
your email account nor the recipient’s email account is used,
except for a brief line communicating the link.
It works pretty efficiently. The speed of the uploads and
downloads depends on the total no. of files that you have
transferred. The first time, it goes at full speed and then,
as your traffic increases, the speed slows down. However,
the counter is re-set every month for your account. So the
first file which you send in any month is super-fast and the
speed keeps deteriorating as you send more and more
files. Also, you can send only one file at a time. The other
limitation is that the recipient can download the file that you
have sent, only 3 times. And the file is held on their servers
only for 3 days. But in spite of all these limitations, it works
extremely well for most users without any problems.
If you go for a paid account, these limitations are eliminated.
Besides, it offers encryption of the data also, just in case
there are peeping toms around! Check it out the next time
you are stuck with a LARGE file to send or receive. http://
www.sendthisfile.com is a great transporter of large files!

 

NEEDTOMEET.COM

When you wish to organise a meeting of 3 or more people,
it is a challenge to check with each one about their available
timings and trying to synchronise a meet. Needtomeet.
com is a simple tool that helps you effortlessly find a
time to meet. The design principle used in creating this
service is simplicity. Meetings can be created in just three
simple steps. There is no need to register for an account
or provide any information not pertinent to the task. The
unique calendar interface allows you to select meeting
times in an intuitive and user-friendly manner and to see at
a glance which times work best for your group.
You can setup a meeting in just 3 simple steps:
1 Define a meeting and select available times. The
site gives you a link which you then send across to the
prospective attendees.
2 Attendees indicate their availability by clicking on the
link.
3 Find the best time to meet when the majority are
available!
So go ahead – schedule that meeting, organise that
event, book that trip, or set up that conference – all with
the convenience of a few clicks and an easy to use and
uncluttered interface.

 

IRFANVIEW

One of the best and lightest image viewers
that I have come across is Irfanview –
available free at irfanview.com
IrfanView is very fast, small, compact and innovative and
hence, very popular too. It is very simple for beginners and
powerful for professionals. It creates new and/or interesting
features in its own way. You need no knowledge of any
graphic programs when you use Irfanview. Just download
it, install it and run it – as simple as that. The variety of
graphic files it can handle, is to be seen to be believed. And
coupled with the Plugins / Addons available, it can manage
multimedia audio and video files too.

Although primarily it is a viewer, it gives some basic but
powerful image editing options too – you can adjust the
brightness, contrast and color of your image at the touch
of a button with a visual preview online. Rotation and
giving special effects to your images like a professional,
is a breeze. Format conversion, is as simple as clicking on
Save As, and re-sizing your large camera images before
uploading online, is child’s play. The batch-processing
mode helps you run several repetitive tasks, like re-sizing
of hundreds of photos, in a single click.
An added bonus is that you can play slide-shows of your
favorite pictures and also play movies in a large range of
formats – which used to be a daunting task for the lay user.
Capturing snapshots of your screen, running the multiimage
viewer, flipping images – one can go on and on. All
this, and much more, is available in a very light, easy to
use, intuitively designed interface.
Now, go ahead, be a PRO at image viewing and editing
with Irfanview.

 

MOVING EXCEL SHEETS – VERY EASY !!

Moving Right Next Door!
As I’m sure we all know, you can rearrange worksheets in
an MS Excel file with a simple click-hold-and-drag of the
sheet tab.

But, did you know that you can also move
worksheets from one workbook to another
using the same method? No? Well, the
good news is, you can, and it’s really as
easy as it sounds.
First, open both workbooks. (The one with the worksheet
and the one to which the worksheet needs to be relocated).
Next, arrange your workbooks side by side.
Next, you need to click and hold the sheet tab to be moved.
Now, still holding down the left mouse button, drag the
sheet tab into the other file.
You’ll see the small triangle that appears when a sheet is
moved, so you can tell where it will be located.
When it’s where you need it to be, simply release the
mouse button.
Voila!
The sheet is moved from one workbook to another. No
fuss, no muss!

Regulatory Referencer

I.    COMPANIES ACT, 2013

1.    MCA Advisory to the stakeholders: The stakeholders are informed that the processing of application forms for the purpose of name reservation and incorporation at the Central Reservation Centre (CRC) is faceless and randomised. The applications if sent for resubmissions are normally not processed by the same official who has processed the application in the first instance. It is further advised that the stakeholders may inform the Ministry in case of any malpractice or irregularity on the part of any official / officer at CRC or any professional with supporting evidence at CVO-MCA@GOV.IN for taking action in accordance with the CVC guidelines. [Update on MCA website, dated 12th October, 2023]

2.    ICAI issues advisory to its members to ensure due compliance with Significant Beneficial Ownership (SBO) norms:Corporate Laws & Corporate Governance Committee of ICAI has issued an important announcement addressing the sensitization of companies to comply with the provisions related to Significant Beneficial Ownership (SBO) u/s 90 of the Companies Act, 2013 read with relevant Rules. This announcement is in reference to the initiative of the MCA to create awareness among companies regarding their obligations related to SBO. [Announcement dated 18th October, 2023]

3.    MCA mandates Private Companies except Small Companies to issue securities only in Demat form within 18 months from 31st March, 2023: MCA has notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023. As per the amended norms, every private company except small companies must issue the securities only in dematerialised form within 18 months from the closure of the Financial Year ended 31st March, 2023. Further, the company must facilitate the dematerialisation of all its securities in accordance with the provisions of the Depositories Act. These provisions shall not apply to Government Companies. [Notification No. G.S.R 802(E), dated 27th October, 2023]

4.    Every company must designate a person for furnishing information to ROC w.r.t beneficial interest in shares of company: MCA has notified the Companies (Management and Administration) Second Amendment Rules, 2023. As per the amended norms, every company must designate a person who shall be responsible for furnishing information and extending cooperation in providing information to the Registrar or any other authorised officer regarding beneficial interest in shares of the company. Further, a company may designate a company secretary (CS), a KMP or every director, if there is no CS or KMP. [Notification No. G.S.R 801(E), dated 27th October, 2023]

5.    MCA amends LLP norms; mandates declaration of beneficial interest and keeping of register for partners: MCA has notified LLP (Third Amendment) Rules, 2023. As per the amended rules, a person whose name is entered in the register of partners of LLP but doesn’t hold any beneficial interest in contribution must file a declaration to that effect in Form 4B within 30 days from the date on which his name is entered in the register. Further, every LLP must maintain a register of its partners in Form 4A from the date of its incorporation. The register must be kept at the registered office of LLP. [Notification No. G.S.R. 803(E), dated 27th October, 2023]

II. SEBI

6.    SEBI extends timeline for mandatory verification of market rumours by specified listed entities: SEBI has extended the timeline for mandatory verification of market rumours by listed entities. As per proviso to Regulation 30(11) of SEBI (LODR) Regulations, 2015, the top 100 listed entities by market capitalization must verify, confirm, deny or clarify market rumours from 1st October, 2023. This has now been extended to 1st February, 2024. Similarly, the top 250 listed entities were required to mandatorily verify, confirm, deny or clarify market rumours w.e.f. 1st April, 2024 which now stands extended to 1st August, 2024. [Circular No. SEBI/HO/CFD/CFD-POD-1/P/CIR/2023/162, dated 30th September, 2023]

7.    SEBI introduces a centralized mechanism for reporting the demise of investors through KRAs: SEBI has introduced a centralized mechanism for reporting and verifying the demise of an investor through KYC Registration Agency (KRAs) to smoothen the transmission process in the securities market. Further, upon receipt of intimation about the demise of an investor, the concerned intermediary must obtain a death certificate along with the PAN from the notifier. Also, after verification, the intermediary must submit a KYC modification request to KRA. The circular shall be effective from 1st January, 2024.[Circular No. SEBI/HO/OIAE/OIAE_IAD-1/P/CIR/2023/0000000163, dated 3rd October, 2023]

8.    SEBI relaxes listed entities from dispatching hard copies of annual report till 30th September, 2024 pursuant to MCA extension: Earlier, the MCA vide Circular dated 25th September, 2023, extended the relaxation from dispatching of physical copies of the financial statements (including Board’s report, Auditor’s report or other documents required to be attached therewith) up to 30th September, 2024. Therefore, SEBI in order to bring it in line with MCA, has decided to extend relaxation to listed entities also. Listed entities are now granted relaxation from sending a hard copy of the annual report to Non-Convertible Securities holders up to 30th September, 2024. [Circular No. SEBI/HO/DDHS/P/CIR/2023/0164, dated 6th October, 2023]

9.    SEBI extends the relaxation from sending proxy forms for general meetings held via e-mode till  30th September, 2024: Earlier, SEBI vide circular dated 11th July, 2023, relaxed the listed entities from complying with regulation 36(1)(b) of LODR i.e., sending hard copies of annual reports, and regulation 44(4) i.e., sending of proxy forms to holders of securities, for the general meetings (conducted in electronic mode) till 30th September, 2023. Now, the SEBI has extended these relaxations till 30th September, 2024. [Circular No. SEBI/HO/CFD/CFD-POD-2/P/CIR/2023/167, dated 7th October, 2023]

10. SEBI redefines ‘Large Corporates’ (LCs); relaxes borrowing norms for LCs through issuance of debt securities: SEBI has relaxed borrowing norms for large corporates (LCs) through issuance of debt securities. Now, an entity with outstanding long-term borrowings of Rs.1000 crore or above would be classified as LC. Also, SEBI has introduced incentives for LCs in case of surplus in requisite borrowings and moderated disincentives if they fail to meet at least 25 per cent of their incremental borrowings. Earlier, LCs were defined as those with outstanding long-term borrowings of at least R100 crore or above. [Circular No. SEBI/HO/DDHS/DDHS-RACPOD1/P/CIR/2023/172, dated 19th October, 2023]

11. MCA takes away RD’s power to levy additional costs to order confirming the shifting of RO from one state to another: The MCA has notified an amendment to Rule 30 of the Companies (Incorporation) Rules, 2014. As per the amended norms, no additional costs can be included in the Central Government’s order confirming the alteration of registered office from one state to another. Further, a new proviso has been inserted into Rule 30(9), which states that shifting of the registered office may be allowed where the resolution plan has been approved and no appeal against the resolution plan is pending. [Notification No. G.S.R. 790(E), dated 20th October, 2023]

12.     Unclaimed amounts transferred to IEPF under LODR shall not bear any interest:SEBI has notified amendments to Regulation 61A of LODR Regulations which prescribe provisions for dealing with unclaimed non-convertible securities and benefits accrued thereon a new proviso has been inserted which states that the amount transferred to the IPEF shall not bear any interest. Further, the unclaimed amount of a person that has been transferred to IPEF can be claimed in the manner specified by the Board. [Notification No. SEBI/LAD-NRO/GN/2023/158, dated 20th October, 2023]

13.     SEBI amends InvIT & REIT Regulations, 2014: SEBI has notified amendment to Regulation 18 of InvIT & REIT Regulations, 2014 which prescribes provisions for Investment conditions, dividend policy and distribution policy. A new proviso has been inserted which states that the amount transferred to the IPEF shall not bear any interest. Further, the unclaimed or unpaid amount of a person that has been transferred to IEPF can be claimed in the manner specified by the Board. [Notification No. SEBI/LAD-NRO/GN/2023/159, dated 20th October, 2023]

III. DIRECT TAX: SPOTLIGHT

1.    Insertion of Rule 21AHA and Form 10IFA – CBDT notifies Form 10-IFA for opting for tax regime u/s 115BAE by co-operative society — Income-tax (Twenty-Third Amendment) Rules, 2023 — Notification No. 83/2023, dated 30th September, 2023:

The Finance Act introduced a new tax regime under section 115BAE for the resident co-operative societies engaged in manufacturing or producing an article or thing. The CBDT has notified Form 10-IFA for exercising the option of section 115BAE. This form is to be furnished electronically on or before the due date for furnishing the return of Income.

2.    Clarification regarding providing details of persons who have made a ‘substantial contribution to the trust or institution — Circular No. 17/2023, dated 9th October, 2023:

In Form 10B and 10BB, details of persons makingsubstantial contributions may be given with respect tothose persons whose total contribution during theprevious year exceeds fifty thousand rupees and details of relatives of such a person and details of concerns in which such person has a substantial interest may be provided only if available.

3.    Extension of time limit for filing Form 56F for Assessment Year 2023-24 — Circular No. 18/2023, dated 20th October, 2023:

The CBDT has extended the due date for furnishing Form 56F for claiming the benefit of section 10AA for A.Y. 2023-24 to 31st December, 2023.

4.    Condonation of delay in filing of Form No. 10-IC for Assessment Year 2021-22 — Circular No. 19/2023, dated 23rd October, 2023:

The delay in filing of Form No. 10-IC for A.Y. 2021-22 is condoned in cases where the following conditions are satisfied:

i)    The return of income for A.Y. 2021-22 has been filed on or before the due date specified under section 139(1) of the Act;

ii)    The assessee company has opted for taxation u/s 115BAA of the Act in ITR-6; and

iii)    Form 10-IC is filed electronically on or before 31st January, 2024, or three months from the end of the month in which this Circular is issued, whichever is later.

5.    Insertion of Rule 16D and Form 56F for claiming deduction under section 10AA – Income-tax (Twenty-Sixth Amendment) Rules, 2023 — Notification No. 91/ 2023, dated 19th October, 2023.

6.    Agreement between the Government of the Republic of India and the Government of Saint Vincent and the Grenadines for the Exchange of Information and Assistance in collection with respect to taxes, was signed at Kingstown, Saint Vincent and the Grenadines on19thMay, 2022. Agreement entered into force on14th February, 2023. All the provisions of the said Agreement as annexed in the notification shall be given effect to in the Union of India — Notification No. 96/ 2023, dated 1st November, 2023.

IV. FEMA AND IFSCA REGULATIONS

1.    RBI allows PROIs to purchase / sell dated Government Securities/Treasury Bills:

RBI has amended the Foreign Exchange Management (Debt Instruments) Regulations. Persons resident outside India that maintain a rupee account in terms of regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016 may purchase or sell dated Government Securities / treasury bills, as perterms and conditions specified by the ReserveBank. Please refer to the Notification for otherconditions.

[Notification No. FEMA.396(2)/2023-RB, dated 16th October, 2023]

2.    Premature withdrawal for NRO and NRE Deposits:

RBI has decided that all domestic term deposits accepted from individuals for amounts of Rupees one crore and below shall have a premature withdrawal facility. This amount has been raised from Rs.15 lakh to Rs. 1 crore. These instructions shall also be applicable for Non-Resident (External) Rupee (NRE) Deposit / Ordinary Non-Resident (NRO) Deposits.

[Circular No. DOR.SPE. REC. NO 51/13.03.000/2023-24, dated 26th October, 2023]

3.    FATF adds Bulgaria to the list of High-Risk Jurisdictions under Increased Monitoring:

The Financial Action Task Force (FATF) releases documents titled “High-Risk Jurisdictions Subject to a Call for Action” and “Jurisdictions under Increased Monitoring” with respect to jurisdictions that have strategic AML / CFT deficiencies as part of the ongoing efforts to identify and work with jurisdictions with strategic Anti-Money Laundering (AML) / Combating of Financing of Terrorism (CFT) deficiencies. As per the 27th October, 2023, FATF public statement, Bulgaria has been added to this list of Jurisdictions under Increased Monitoring while Albania, the Cayman Islands, Jordan and Panama have been removed from this list based on a review by the FATF. This advice does not preclude the regulated entities from legitimate trade and business transactions with these countries and jurisdictions mentioned there.

[Press Release No. 2023-24/1223, dated 1st November, 2023]

4.    Sovereign Green Bonds accessible to non-resident investors too:

Under the RBI’s Fully Accessible Route (FAR) certain specified categories of Central Government securities were opened fully for non-resident investors without any restrictions, apart from being available to domestic investors as well. It has now been decided to also designate all Sovereign Green Bonds issued by the Government in the fiscal year 2023-24 as ‘specified securities’ under the FAR.

[Circular No. FMRD.FMID.NO. 04/14.01.006/2023-24, dated 8th November, 2023]

5.    Special current account exclusively for export settlement:

To provide greater operational flexibility to the exporters, RBI has permitted the AD Category-I banks maintaining a ‘Special Rupee Vostro Account’ to open an additional Special Current Account for its exporter constituents. The account is to be maintained exclusively for the settlement of their export transactions.

[FED Circular No. 08, dated 17th November, 2023]

Letter to the Editor

Dear Editor,
BCAJ, Mumbai.

I thoroughly enjoyed the editorial written by you in the November 2023 issue of BCAJ. The editorial incisively summarises the current litigation pile-up in the country and offers interesting insights. For instance, 96 per cent of the tax collections are voluntary payments by the taxpayers, and the whole fight is only forthe balance 4 per cent of taxes, which has caused so much distress and delay in justice to honest taxpayers. The editorial comprehensively highlights some of the causes of unnecessary litigation and brings home the point that the highest litigatorin the country is the government itself! If India can create an example of such a litigation management system, it would be one of its greatest contributions to the world.

CA Vishal Gada

Statistically Speaking

Chaturmas (चतुर्मास): Why God Goes to Sleep

Hindus observe the period of four months from Ashadha to Kartika as ‘Chaturmas’. This is normally monsoon time — from the 11th day of Ekadashi of Ashadha to the 11th day of Kartika, usually coinciding with the English months of July to October. This year, due to Adhik (extra) month, which is an adjustment of leap year, it was extended to November.

Hindus believe that from Ashadha-Ekadashi to Kartika Ekadashi, God takes rest, i.e., He sleeps! Therefore, these four months are normally treated as not very auspicious. Very few weddings take place during this period. Since God goes to sleep on AshadhaEkadashi, it is called ‘Devashayani. ‘Shayanani’ means sleep. As against this, Kartika Ekadashi is called Prabodhini Ekadashi.(God wakes up). During this period, there are many religious activities performed, like Krishna Janmashtami, Ganesh Chaturthi, and Shraddha (rites of forefathers, etc.) — so that people do more religious things to safeguard against the ill effects of the inauspicious period. Similarly, there are many fasts during this period. Actually, fasting is meant for good health.

Against this background, there was once a discussion about why God goes on such a long sleep. The question was put to a common man who replied, “We people work only eight hours a day. In that also, we relax for six hours! But poor God cannot relax while on duty. He has to work 24×7, without any rest. Moreover, He finds it difficult to rush to the rescue of His devotees since the climate is bad, there are potholes on the road, railways are late, and flying is difficult. So, He takes compensatory leave for four months.”

Then, a civil engineer / architect was asked the same question. He said, “During this period, not much construction activity can be carried out due to heavy rains. Cement gets spoilt. Workers also do not attend regularly. So, He prefers to take rest.”

The lawyer said, “As it is, we hardly work except for taking adjournments. Judges and lawyers will have no work if cases are disposed of speedily. We need to maintain and increase the pendency. Judges also want to do many things, other than deciding the cases. So God feels, anyway, there is no work. Why not take a rest?”

A doctor had a different view. He said, “There are many viral diseases, God wants to support the medical fraternity. If He remains awake and protects the patients, doctors will have less business. Moreover, since He is afraid of our treatment, He prefers to sleep to keep away from diseases!”

Housewives felt that nowadays, God, by default, is always sleeping. Occasionally, He wakes up. That is why in today’s Kaliyuga, nothing is proper. There is corruption. The common man gets no justice. Everywhere there is gundaism, looting, thefts, scandals, atrocities against women and cheating of the poor. Everything is politically vitiated — be it education, the medical field or even so-called religious or spiritual activity. This is the result of God’s slumber or deep sleep!

Finally, the turn of a chartered accountant came. He was aggrieved as usual. He is very unhappy with his profession. He felt that we, CAs, spend sleepless nights working on clients’ audits and tax returns. God gets the comfort that somebody is awake. Mottos like ‘Ya Esa Suptesu Jagarti’ (ICAI)or ‘Na Bhayam Chasti Jagratah’ keep us awake. But according to him, the real reason for God going to sleep is that He is afraid of signing audits. His pledge is to help His bhaktas (devotees). A few devotees who were CAs showed Him the audit requirements — AS, SAs, Acts, Notifications, etc., and God said He was finding it difficult to understand these things. Devotees sought His help in signing, but God was horrified and went to sleep. He said He would wake up only after all the audits are signed.

Miscellanea

1. WORLD NEWS

1 South Korean robot crushes man to death after confusing him with a box of vegetables

A South Korean man was crushed to death by an industrial robot after it failed to differentiate between him and a box of vegetables.

The robotics company employee was inspecting the robot’s sensor operations on Wednesday at a distribution centre for agricultural produce in South Gyeongsang province when the incident happened.

The robotic arm was lifting boxes of peppers and moving them onto pallets when it allegedly malfunctioned and picked up the man instead, Yonhap news agency reported.

It then pushed the man against the conveyor belt, crushing his face and chest. He was rushed to a hospital but later succumbed to the injuries.

The employee, said to be in his 40s, was conducting checks on its sensor ahead of its test run at the pepper sorting plant. He had initially planned to conduct the tests on 6th November, but it was pushed back two days due to reported problems with the robot’s sensor.

Following the incident, an official from the Dongseong Export Agricultural Complex, which owns the plant, called for a “precise and safe” system to be established.

“Robots have limited sensing and thus limited awareness of what is going on around them,” Christopher Atkeson, a robotics expert at Carnegie Mellon University, told MailOnline.

Earlier in May, a man in South Korea suffered serious injuries after getting trapped by a robot while working at an automobile parts manufacturing plant.

At least 41 people have been killed by industrial robots in the US between 1992 and 2017, according to a study published by the American Journal of Industrial Medicine.

Stationary robots were responsible for 83 per cent of the fatal incidents. “Many of these striking incidents occurred while maintenance was being performed on a robot,” the study found.

A 22-year-old worker at a German Volkswagen factory was killed by a robot in 2015.

(Source: https://www.independent.co.uk/asia/east-asia/south-korea-robot-kills-man-b2444245.html — By Alisha Rahaman Sarkar — 9th November, 2023)

2. ECONOMY — ENERGY

1 Lithium Miners Bet on Direct Extraction in bid For Efficiency, Sustainability

Lithium is the most critical mineral to the future of global energy systems, powering everything from electric vehicles to personal electronics. It is also used to produce depression medications, large-scale energy storage systems, ceramics, and more.

The global demand for lithium is projected to increase seven-fold from 2023 to 2030. As the industry expands to a total value of $400 billion in the coming years to meet surging demand, lithium mining’s footprint on global ecosystems and local economies will spread accordingly.

Many major lithium companies are cognizant of the potential long-term ramifications of unfettered exploitation of lithium resources, particularly in Latin America’s lithium-rich salt flats, where evaporation plants are particularly taxing on limited local water tables.

A new lithium extraction technology aims to solve a critical dilemma facing the lithium industry: how to consistently ramp up global lithium production while containing the industry’s impact on local environments.

Direct Lithium Extraction (DLE) separates lithium from mineral-rich brines using chemical agents in a continuous process of water recycling, instead of using the traditional method of slowly evaporating the surrounding liquid. The technology promises higher lithium yields and lower water usage, if implemented at scale.

DLE has already been adopted at Argentina’s largest lithium mine, and will reportedly be introduced at dozens of high-profile lithium projects throughout the world in coming years, including at ExxonMobil’s lithium facility in Arkansas and Chile’s highly productive plants in the Atacama Desert.

Still, despite the purported benefits of DLE for the lithium sector, the technology is untested in large-scale applications and carries higher up-front costs for prospective investors.

While analysts disagree on the potential impact of DLE on the global lithium sector, the newly developed technology could still be the industry’s best hope of maintaining competitiveness in the future.

Direct Lithium Extraction: Mixed Results

International Business Times discussed the benefits and limitations of DLE with Jose Hofer, Commercial Manager at Livista Energy, a Luxembourg-based lithium processing firm that actively works with DLE companies. Hofer was also formerly Business Intelligence Manager at Sociedad Química y Minera de Chile (SQM), the largest of Chile’s two major lithium miners, as well as an Energy Analyst at Chile’s Ministry of Energy. He shared written comments with IBT on Tuesday.

DLE has proven an “increase in yield for the production of lithium chloride, which is an advantage [relative to] existing conventional evaporation projects,” Hofer said.
Early results from DLE’s applications at pilot plants suggest the technology could drastically increase lithium production from existing plants, without companies needing to expand the footprint of their operations.

“Much like shale did for oil, DLE has the potential to significantly increase the supply of lithium from brine projects, nearly doubling lithium production,” Goldman Sachs said in an April report on DLE, highlighting the technology’s importance to scaling global lithium production.

“DLE has proved to be feasible in China,” Hofer said, but did not identify the technology taking hold at scale elsewhere in the world.

While DLE has shown promising results so far, the technology has significant drawbacks at its current stages of development.

“Water consumption is the biggest issue” for DLE, Hofer told IBT. DLE’s “water use is higher than conventional evaporation,” Hofer said.

Existing DLE plants still need to undergo further research and development to even limit the technology’s water usage compared to existing mining practices, a central element of DLE’s advertised benefits. And the technology currently carries higher capital expenditures when compared to traditional evaporation mining (13 per cent higher, according to Goldman Sachs).

While DLE projects may have been feasible during the high-price environment of late 2022, margins for miners have shrunk considerably in 2023 as lithium prices have fallen and plateaued. Projects that are currently using DLE “will have to transit a maturity process” before reaching their full potential, Hofer told IBT.

The Industry Pivots to DLE, however slowly.

Goldman Sachs’ report tallied 28 distinct lithium mining projects employing DLE technologies worldwide, with statuses ranging from pilot programs to full operation. Only four DLE projects are currently in operation, three of which are in China, and the fourth of which is in Argentina at U.S. based miner Livent’s Fenix plant in the Salar del Hombre Muerto salt flat.

These four active plants could soon expand; two mines in Argentina (Eramet’s Centenario-Ratones and Tibet Summit’s Angeles projects) and two other Chinese plants are nearing final construction of DLE facilities, according to Goldman Sachs.

SQM, the world’s leading lithium company by annual output, is also beginning plans to convert its evaporation mine in the Atacama Desert to a DLE operation.

“We are looking forward to adopting industrial scaling for this technology,” Mark Fones, Vice President of Strategy at SQM said on the company’s third-quarter earnings call on Thursday.

(Source: International Business Times — By Jack Quinn — 17th November, 2023)

3. WORLD – ENVIRONMENT

1 Frustration As Latest Talks on Global Plastic Treaty Close

The latest negotiations toward a global plastic treaty concluded late Sunday with disagreement about how the pact should work and frustration from environment groups over delays and lack of progress.

Negotiators spent a week at the UN Environment Programme (UNEP) headquarters in Nairobi haggling over a draft treaty to tackle the growing problem of plastic pollution found everywhere from ocean depths to mountaintops to human blood.

It is the third time negotiators have met since 175 nations pledged early last year to fast-track talks in the hope of finalising a treaty by 2024.

The meeting in Nairobi was supposed to advance the process by fine-tuning the draft treaty and starting discussions about what concrete measures should target pollution from plastic, which is made from fossil fuels.

But the treaty terms were never really addressed, with a small number of oil-producing nations — particularly Iran, Saudi Arabia and Russia — accused of employing stalling tactics seen at previous negotiation rounds to hinder progress.

In closed-door meetings, so many new proposals were put forward that the text — instead of being revised and streamlined — ballooned in size over the course of the week, according to observers following the talks.

Graham Forbes from Greenpeace said the meeting had “failed” its objectives.

“A successful treaty is still within reach but it will require a level of leadership and courage from big, more ambitious countries that we simply have not seen yet,” he told AFP.

UNEP said “substantial” progress had been made by nearly 2,000 delegates in attendance.

The International Council of Chemical Associations, the main industry body for global petrochemical and plastic businesses, said governments had improved an “underwhelming” draft.

“We (now) have a document — a draft text — that is much more inclusive of the range of ideas,” spokesman Stewart Harris told AFP.

Environment groups have long argued that without laws to slow the growth of new plastic, any treaty would be weak and ineffective.

Plastic production has doubled in 20 years and at current rates could triple by 2060 without action, but 90 percent is not recycled.

Ahead of the talks, around 60 “high ambition” nations called for the treaty to eliminate some plastic products through bans and phase-outs, and enshrine rules to reduce plastic production and consumption.

But during the open sessions in Nairobi, some nations expressed reluctance to support cuts on plastic production, while divisions sharpened over whether treaty terms should be legally binding or voluntary.

Two further rounds of negotiations remain in 2024: the first in Canada in April and then in South Korea in November, with the goal of adopting a treaty by mid-2025.

(Source: International Business Times — By AFP News — 19th November, 2023)

Society News

LEARNING EVENTS AT BCAS

1. “Breast Cancer Awareness Talk” held on2nd November 2023, @ BCAS in Hybrid Mode.

As one of the many social initiatives under #BCASCares, a “Breast Cancer Awareness Talk” was organised by the Seminar, Public Relations & Membership Development Committee of the BCAS in a hybrid mode, with online access available to all outstation participants.

The meeting attracted 127 registrations from various cities. A heartening presence was the men in the audience, bearing testimony to their sensitivity and appreciation of the opportunity to hear the three speakers, Dr. Garvit Chitkara, Senior Consultant, Breast Surgical Oncology and Oncoplasty; Dr. Priti Kulkarni Tambat, M.D. (Kayachikitsa), Ayurveda; andPuriya Onkar, Mandala artist and cancer warrior.

Dr. Garvit Chitkara from Mumbai addressed the audience on various issues, particularly factors associated with an increased risk of breast cancer, how the treatment has evolved, the methods of early detection and the age to start the same.

Dr. Priti Kulkarni Tambat from Indore threw light on how prakriti (the nature of the body in terms of dosha) has an impact on a person’s susceptibility and immunity levels. She underlined the need to eat produce that is local and intrinsic to the region, the power of one’s thoughts and emotional well-being, the healing effects of specific classical raag and also the effect of planetary motions on a person. She emphasised the importance of a yearly nadipariksha (ancient Ayurvedic technique of diagnosis of both physical and mental diseases as well as imbalances by checking the pulse) and yearly horoscope analysis – both being part of Rigveda, and offered that a gaanth (a node) forms first in the mind before it manifests in the physical body.

Puriya Onkar from Mumbai bared her heart and spoke candidly about the various challenges that came her way, the reaction from family and friends and the support systems (both personal and professional) that helped her emerge far stronger and more confident.

The questions posed by the moderators and the audience (both online and offline) made the evening an extremely interactive and informative one.

Link to access the session:

QR code:

2. Lecture Meeting on “Decoding The Digital Personal Data Protection Act” held on 25th October, 2023, in Online Mode.

A lecture meeting “Decoding The Digital Personal Data Protection Act” (DPDPA) was organised in a virtual mode.

The speaker, Sandeep Rao took the audience through a detailed presentation on what constitutes personal data, the roles and responsibilities of the various players in the DPDPA ecosystem, the significance of documenting clear written consent from the party whose data is to be processed, using the data strictly for the agreed purposes, deleting it once the purpose has been served, the requirement for impact assessments, audits and other measures in place, the severe penalties proposed for non-compliance, and the importance of proper staff training to ensure due compliances.

He also dwelled on the merit behind defining a Personal Data Attribute Map to lay out in detail the types of data to be processed, the channels to be employed for the same, the manner and place for data storage and the various reasons for which it is to be used. While large corporations have the wherewithal to set up an in-house infrastructure to ensure due compliance, more particularly for small businesses in the SME sector, opting for a Privacy Management Platform will be both practical and economical.

The speaker focussed on the various professional opportunities for a Chartered Accountant — whether as an auditor, a consultant or a Data Protection Officer. All these would warrant undergoing certain training and obtaining relevant certifications.

While the notification of the Act and the Rules is expected to throw light on several aspects that are hitherto unclear, there is no doubt that the DPDP Act is set to change the way businesses, small or large, will need to handle, store and process personal data.

The meeting attracted 150 registrations from various cities.

Link to access the session:

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3. Fema Study Circle Meeting on “Recent clarifications received from RBI to AD bank” held on 20th October, 2023, in Online Mode.

The Speaker CA Wrutuja Soni during the Fema Study Circle Meeting covered the following topics:

  • Directions by RBI to AD Banks
  • Last updates in LRS
  • Latest changes in ODI Rules
  • Case Studies

She elaborated on the practical aspects of recent RBI clarifications on various issues including practical approaches and authorities delegated by RBI to AD Banks. The latest updates in LRS with practical issues were also discussed such as consolidated investment in single name after remittance of funds under LRS by different family members.

CA Wrutuja made detailed elaborations on the Updated ODI Directions and Rules including the valuation aspects. In the case studies, she shared her personal experiences with AD Banks as well as RBI’s instructions.

The entire session was wonderfully received by the participants.

 

4. Suburban Study Circle Meeting on “Casestudy discussion on Transfer Pricing” held on20th October 2023, at Bathiya & Associates LLP, Andheri (E).

Group Leader CA Hardik Mehta shared with the group an array of interesting case studies covering various issues that may seem small but play a very significant role in assessments. An educative presentation on important points based on case studies and his views on the same were shared by the leader with the group.

The session was knowledgeable and practical, and all the points were very well covered with numerous real-life examples to make it simpler for the group to understand it better. CA Hardik interpreted some of the important provisions with the help of case studies.

The session had wonderful interactive participation from the group. There were a large number of queries from the participants, which were addressed satisfactorily by the group leader.

The participants benefited from the overall insightful case studies shared by the group leader.

5. International Economics Study Group on “Europe: A Continent Forged in Crisis’’ held on 19th October, 2023, in Online Mode.

In this Study Group, CA Harshad Shah presented a detailed analysis of various indicators of a strong economy and Europe’s fulfilment status qua those criteria looking at the prevailing economic situation in the European countries. The challenges faced by the European economy, such as a low GDP of 0.7 per cent for CY 2023 and recessionary tendencies in Germany, ageing population, migration, political fragmentation, security and geopolitical concerns, high debt, energy crisis (post Ukraine conflict), etc., were some ofthe points of discussion. Historical factors, namely the World Wars, economic factors, geopolitical changes, international pressure, post-war rebuilding, decolonisation movements, etc., and their impact on nine European Empires (including Roman, British, Russian, etc.) were discussed.

CA Harshad further explained how high inflation led to high interest costs, eroding people’s purchasing power, leading to their costs becoming non-competitive, and people finding it challenging to afford even basic necessities like food. Apart from household challenges, there are concerns regarding inefficient Health Care systems and hunger problems. The meeting also evaluated the future of Europe in the current geopolitical uncertain environment.

6. Corporate & Commercial Law Study Circle on “An Overview of SME IPO” held on 18th October, 2023, in Online Mode.

In this study circle meeting, speaker CA Hiten Shah briefed participants on the benefits of SME IPO along with the risks and negative optics for the same.

CA Hiten Shah also discussed, in detail, the key features of SME IPO, listing requirements in BSE, listing requirements in NSE, Pricing Methods, and Obligations before and after Listing. He also highlighted the role of a Chartered Accountant and the opportunities unfolding for them.

Many participants attended the event online and took an active part in the discussion.

7. Direct Tax Laws Study Circle Meeting on “Taxation Issues in Mergers and Demergers”, held on 17th October, 2023, in Online Mode.

CA Akshar Panchamia led the group discussion and the following points were discussed:

1.    Elements of merger

a.    Amalgamation as defined under section 2(1B) of the Income-tax Act, 1961 (Act).

b.    Exempt Transfer in reference to section 47(vi) and section 47(vii) of the Act.

c.    Computation of cost of assets in the hands of amalgamated company as per section 49(1)(iii)(e) and cost of acquisition of shareholders of the amalgamated company as per section 49(2).

d.    Carry forward of losses as per section 72A along with the conditions required to be fulfilled by the amalgamating and amalgamated company.

e.    Treatment of goodwill generated at the time of merger due to revaluation of assets at fair value and specific exclusion of goodwill from section 32 of the Act.

2.    Discussion on types of mergers — namely, Inbound and Outbound mergers.

3.    Issues relating to demergers and slump sale transactions.

4.    Elements of demerger

a.    Demerger as defined under section 2(19AA) of the Act.

b.    Computing taxability under the headcapital gains in the hands of the demerged company.

c.    Discussion on non-applicability of section 56(2)(x) in the hands of the Resulting Company. Also, discussion on exemption from capital gains in the hands of the shareholders under section 47(vid).

d.    Points to consider while determining the cost and period of holding for the purpose of computing tax liability.

e.    Treatment of transfer of losses of the undertaking as per section 72A(4).

f.    Rationale of slump sale and its taxability.

The speaker highlighted aspects to consider while filing return of income after the completion of a merger / demerger transaction and provided his detailed analysis during the interactive session.

8. ITF Study Circle Meeting on “The implications of the ruling of the Chennai Tribunal in the case of Cognizant” held on 12th October, 2023, in Online Mode.

The International Tax and Finance Study Circle organised a meeting on 12th October, 2023. CA Sangeeta Jain and CA Nemin Shah led the group discussion, and the following points were discussed:

  • The detailed and complex facts of the case were explained.
  • The outcome of the proceedings before the lower authorities was summarised.
  • The issue before the Chennai Tribunal was discussed.
  • The arguments made by the taxpayer and the tax authorities were laid out.
  • The observations and rulings of the Chennai Tribunal were discussed in great detail.
  • The potential way forward for the case and some of the arguments not made / considered by the Chennai Tribunal were laid out.
  • The implications of corporate law on the facts of the case were deliberated, with group members expressing divergent views.
  • Even though General Anti Avoidance Rules (GAAR) did not apply to the case (since it pertained to an earlier year), a hypothetical exercise in attempting to apply GAAR to the facts of the case was made, which resulted in an interesting discussion and exchange of ideas.

9. A four-day “Foreign Exchange Management Act (FEMA)” Study Course and a Panel Discussion held on 25th& 26th August and 1st& 2nd September, 2023, in Hybrid Mode.

FEMA was introduced to monitor dealings in foreign exchange / securities and transactions affecting the import and export of our currency. FEMA has evolved over the years, and knowledge of this topic has become a crucial factor in advising clients on implementing successful strategies for cross-border transactions in light of India’s positioning in the global arena.

The International Taxation Committee of BCAS organised a four-day FEMA Study Course, including the Panel Discussion, which was attended to by the participants from across the country, online as well as offline.

The Study Course began with introducing the basics — namely, the Structure of FEMA, Capital and Current
Account Transactions, Foreign Direct Investment, Overseas Direct Investment, Liaison / Project / Branch Office to more advanced topics — namely, ECBs, Succession under FEMA including Trust aspects, Compounding and ED Matters and Corporate Restructuring including Cross-Border Acquisition and ended with a Panel Discussion on various FEMA issues.

The host of experts who delved into each of the above topics not only made it interesting by sharing anecdotes from their personal experiences, but also by making it interactive by giving reference to the case precedents and encouraging participants to ask questions. The participants and speakers were enriched by the quality of questions posed by the participants, and their eagerness to know more about the topics in further detail.

Tribute to Shri P. N. Shah, Past President of the Society

PRADYUMNA NATVARLAL SHAH

(1st January, 1929 – 15th November, 2023)

MAHAMANAV PRADYUMNABHAI

 

Shri Pradyumnabhai (also known as Pradyumanbhai), the Bhishma Pita of CA Profession, left us as the Almighty called him to join His kingdom.

I have very fond memories of working with and interacting with Shri Pradyumanbhai over many years, for which I feel blessed.

He would call me for a meeting regarding his client’s foreign investments and / or matters connected with FERA / FEMA of his clients, and I would invariably tell him that I would go to his office to discuss, which I did. During the discussions, he gave a lot of credence to my knowledge of the subject, and that’s why I could solve his clients’ problems to their satisfaction.

He and our Firms were joint Auditors of a Public Limited Company. After my father’s death in 1977, I used to go to his office to discuss matters relating to that company with him and his Partner, Shri Indubhai Shah. During such discussions, he treated me as an equal while giving me the benefit of his knowledge and seniority and helping to resolve any issues.

Amongst others, he was an Independent Director of a reputed listed company, where he was the Chairman of the Audit Committee. After a few years, I was invited to join the Board of that Company as an Independent Director. At my first Board meeting of that Company, he welcomed me warmly and introduced me to the other members of the Board in eloquent words. Though he was the Chairman of its Audit Committee, he instructed the CFO to show me and obtain my approval of the quarterly and final financial results, which were approved by him.

Eventually, he retired as a Director of that Company because of his advanced age while I still continue as its Director. While parting, he requested the Chairman of that Company to make me the Chairman of its Audit Committee in his place, which position I still continue to hold.

His gracious, humble and fatherly approach towards me has taught me humility, sharing of knowledge and helping others in need. I have relied very heavily on his excellent analysis of the yearly Union Budget for my understanding. I have always gained knowledge from his brilliant articles in the Gujarati bi-weekly Vyapar on various aspects of Tax laws.

With his departure for his heavenly abode, I feel a void in my professional life, having lost a very fine human being.

CA Dilip J. Thakkar

 

Pradyumna Natvarlal Shah, popularly known as Pradyumanbhai and officially known as Shri P. N. Shah, is no longer with us. However, he would be remembered fondly and very regularly by many of us who came in contact with him during his illustrious innings as a Chartered Accountant. He will be remembered not only for his achievements in the profession but also because of his ever-helpful nature. Individuals die, but institutions never, and Pradyumanbhai was an institution himself. The fact that he was the Past President of ICAI, Past President of our BCAS, and closely associated with the Chamber of Tax consultants is an official introduction, but he was a very lovable human being and a great soul, and this is his true introduction.

I first came into his contact, although somewhat from a distance, in the year 1975 when BCAS’s popular program — Residential Refresher Course (RRC) was held in Dreamland Hotel at Mahabaleshwar. He was then chairman of the RRC Committee. I noticed that he had a very minute way of overseeing every group discussion and technical session. In the concluding session as a Chairman, he elaborated the essence of each technical session in such a manner that you really get the gist of the entire RRC. I was very much fascinated then by his abilities and developed a daydream that one day I would be able to make some attempt like Pradyumanbhai.

Meetings after that were quite frequent but from a distance. I never realised that the so-called distance just vanished when I first talked to him. I used to call Pradyumanbhai, Arvindbhai and Narayanbhai the BCAS trio. They used to be on the dais simultaneously on several occasions as brain trustees or in other capacities. The trio was shattered earlier by the demise of Narayanbhai, then Arvindbhai, and now it has disappeared from this physical world to occupy the position of stars in the sky.

He used to be a regular paper writer in both Residential as well as non-Residential RRCs, and his paper always used to give strength to the technical content of RRCs. His regular article in BCAJ in June, after the Finance Act was passed, always used to be a very simple and helpful feature to understand the ever-changing provisions of the Act. Besides this, he was quick to educate his professional colleagues on any new changes concerning Audit or taxation.

He used to be a great help to the Editor of BCAJ. I have enjoyed this privilege during my five-year tenure as BCAJ Editor. The journal requires page contents in multiples of four, i.e., the journal can be either 120 or 124 or 128 pages, etc. When the journal is falling short of content in this multiple of four, additional content is necessary and that too of precise length. Pradyumanbhai was such a great soul that he would provide useful content in exact words to adjust pages, and that too when you telephone at night and request content for the journal at a very short notice. He would always be available and was helpful and easily approachable.

Let’s all cherish his fond memories and try to emulate at least some of his qualities and that will be an appropriate Shraddhanjali to him.

CA Ashok Dhere

 

Shri Pradyumna Natvarlal Shah, known in the profession as “Shri P. N. Shah”, was a very respectable professional. At the age of 21, he was a Chartered Accountant and started his practice in Mumbai. Till his last, i.e., up to 15th November, 2023, he was in practice, as a partner of M/s. Manubhai & Shah LLP (formerly known as Shah & Co.) and M/s. Shah & Associates, Chartered Accountants. Since the “Corona” period i.e., March 2020, he was not physically attending the office but was working from his residence. He was so dedicated to the profession that every day he used to call the papers from his office and reply to those papers. Many opinions and articles were written by him even when he was not attending office. In fact, he had allotted one room of his residence as his office and was sitting in the said room for more than four hours a day to work.

Born on 1st January, 1929, Shri P. N. Shah had many laurels. He was President of the Institute of Chartered Accountants of India (ICAI) in the year 1983–84. He was also a President of the Bombay Chartered Accountants’ Society (BCAS) in the year 1968–69, and it was in his tenure that the first Residential Refresher Course (RRC) — the most sought-after event of the BCAS — took place. In the year 2002, he had settled the Trust in the name of BCAS Foundation. He had written many books for ICAI / BCAS, notably, (i) History of Accounting Profession Vol II published by ICAI (ii) Method of Accounting u/s. 145 of the Income tax Act and (iii) KarVivadSamadhan Scheme 1998 (Published by BCAS). Besides this, he was actively associated with many other professional and social organisations. He was on the Board of many limited companies including Banks. He was also associated with Gujarati News Paper Janmbhumi and Vyapar for more than five decades and was a regular columnist of Vyapar. After every budget, he used to write an articleon Budget in a very lucid and simple language,explaining the nuances of complicated provisions of the budget.

My association with him is since I became a Chartered Accountant. As he was staying in Santacruz, I went to take his advice on whether I should go into practice or service. His sincere advice was if you have an inclination to work hard and to serve the profession honestly then go into practice or otherwise choose service. So, I joined the practice. Thereafter, I often went to his house for some advice. When he was contesting for the Central Council Election of ICAI, I was working for him and was sitting in the election booths. Subsequently, when I contested the Central Council election of ICAI, he used to sit in my office and monitor the election very closely. He was always encouraging me to write articles and associate with other professional organisations. In fact, on his insistence, I joined the BCAS and subsequently, I became the Central Council Member of the ICAI. I have received many invaluable advice in my professional life and otherwise. Occasionally, I travelled with him to address seminars / conferences of the ICAI and other organisations. On many occasions, he chaired my sessions. I have written many articles jointly with him and under his guidance. I also had the privilege to co-write articles on a regular basis on professional ethics under the title “ICAI & Its Members” in the BCAJ. Whatever I am today in this profession is because of his blessing and advice. In short, he was my Godfather! In fact, when Shah & Co, celebrated its 75 years, I was one of the recipients of a souvenir through his hands.

His humbleness, thoroughness, respect for everyone and his encouragement to youngsters was amazing. His commitments and selfless contribution to the profession and to society at large were unmatchable. My tribute to him.

By his departure, not only have I lost my Godfather, but the profession has lost one of the finest professionals — a doyen, a legend — who will always live in our hearts. His guidance and advice will always be remembered and encourage us to walk on his path. May his soul rest in eternal peace! Om Shanti!

CA Harish Motiwalla

 

With a heavy heart, I write this obituary for the respected Shri Pradyumnabhai, who has left for his heavenly abode. It is the loss of an unchallenged doyen of the profession; the loss of one of the most dedicated leaders the profession has had.

We were lucky to have known him and to have learnt from him for years — first as part of BCAS and then in his role for the Institute and the profession at large. All he did was always truly selfless.

One is bound to fall short of adjectives in describing him. He was a towering personality. His conduct was an illustrious reflection of an ethical professional. He showed us lessons of discipline, forthrightness and humility. He was always an affectionate father figure to all the juniors. No one would mind approaching him or confiding in him.

He was particular about minute details while not losing the big picture before him. It was also amazing to see his speed of disposal — whether he was dealing with tax or audit or Companies Act or Institute regulations.

Very few of us would know that he was instrumental in convincing the Government about the need to introduce tax audits to be conducted by Chartered Accountants. He did it with a vision which has unfolded over the years.

His regularity and punctuality were remarkable.He continued to participate actively in the Vile Parle Study Circle meetings with fair regularity, even at his advanced age. His enthusiasm for academic pursuit can be witnessed by the rollout of his monthly publication on behalf of his firm till almost last month.

His passing away is a huge loss. His values will continue to inspire us. Our true tribute to him will be to follow his ideals.

I end with a prayer to the Almighty to give courage to the family to bear this loss. May his soul rest in eternal peace. Om Shanti.

CA Pinakin D. Desai

 

Shri Pradyumna N. Shah [popularly known as Pradyumanbhai] took his last breath on15th November, 2023 and left for heavenly abode leaving a memorable legacy behind him in the profession. We all have lost the true guardian of interest in our profession. His unparalleled contribution to the development of our profession was reflected in his actions and self-evident and does not require any recognition.

My initial interaction with him was somewhere in the late 70s during Vile Parle Study Circle (VPSC) meetings at N. M. College. I still recall the way he used to promote youngsters and selflessly help them understand the intricacies of the topic being discussed. He was one of the main pillars of the activities of VPSC. Many of our age like Pinakinbhai, Rajen, myself, etc., started our academic journey at VPSC (with BCAS as well) where he was a mentor unmatched. I still remember he started calling Pinakinbhai ‘Chotta Palkhivala’ since then and continued to refer to him as such while chairing VPSC’s annual budget meetings addressed by Pinakinbhai.

I came a little closer to him when I became convenor of the Taxation Committee of the Bombay Chartered Accountants’ Society (BCAS) when he was its Chairman. I was amazed to see him so meticulous, extremely devoted and punctual in his work, maintaining high standards of ethics and his dealing with others was with great humility. It was a learning experience for me. I had a similar experience in the BCAS Residential Refresher Courses (RRCs), where he would silently attend all group meetings and encourage the young group leaders in discussion.

He had at his heart an interest in the profession, more so, the interest of the young members. This was evident from his actions during his presidency at ICAI, which are difficult to describe. I still recall his keen interest and efforts made for getting introduced Tax Audit provisions in the Income-tax Act, 1961, which then became one of the major sources of revenue for young professionals, especially in tier II & III cities. This also created a perception that it has given a little edge to Chartered Accountants in the profession.

He was a true ‘Karma Yogi’ in the profession in every sense, be it selflessly imparting and spreading knowledge, taking up issues concerning the profession, mentoring young professionals and so on. I still recall when once I had to sit with him till late at night to prepare for an urgent representation for BCAS against the sudden omission of Rule 6DD(j) w.e.f. 25th June, 1995 (which provided an exception from rigours of section 40A(3) for genuine transactions under compelling circumstances) as he was genuinely agitated against the unjust omission of the Rule and that too, without prior discussion with the stakeholders. I also remember another incident of his reaction in the mid-90s when the ICAI decided to make Accounting Standards (AS) mandatory for Non-Corporate Entities. He firmly opposed that decision despite the fact that he was a past president of ICAI as he strongly felt that the time had not come for such a measure. He also called me to join him in writing a book on this subject, which was published by BCAS under the title ‘Accounting Standards as applicable to Non-Corporate Entities’. He also made his view clear at a largely attended seminar organised specifically for this purpose at ISKCON, Juhu, Mumbai. What is more worth noting is the fact that in that book he specifically gave a draft of qualifications for Auditors if such entities decide not to follow AS. Such was his conviction.

He was emotionally attached to BCAS, and his contribution to the BCAS is unparalleled in every sense of the term — be it the conception and growth of RRC, be it identifying young academicians and leaders, be it informally monitoring activities of BCAS, be it contribution to, and development of, BCAS Journal and so on. Members always used to look for his annual write-ups on the Finance Act in BCAJ. In fact, it is impossible to describe in this short message his unbelievable and unmatched contribution to the BCAS. I still recall when he suggested my name to present the paper of the late Shri Narangsaab at the RRC as Narangsaab was seriously ill. I was just shocked as I had, at that stage, never made such an attempt at BCAS RRC, but he insisted and encouraged me to play that role. This also reminds me of his surprise visit to my Room at the RRC to encourage me when I wrote my first paper for BCAS RRC, in 1991 on “Capital Gains”, and this was another such experience. I also recall when the late Shri Narayana Verma asked me (towards the end of my term as president) whom I would suggest as the candidate for presidentship for the next year and I suggested the name of Shri Ashok Dhere he told me that he agreed but will let me know within two to three days and subsequently confirmed with me by saying that Shri Pradyumanbhai has also agreed and he has also confirmed with Shri ArvindbhaiDalal. Likewise, Pradyumnabhai also informed me the same, and this reflects his belief in collective wisdom. This is the collective manner in which these seniors used to function at BCAS in such matters. Now, we have lost the most senior and last one of them.

In fact, knowing him a little closely during my long association with him I can still go on to describe his unassuming humility and nature and unbelievable contribution by recalling a number of personal experiences but due to space constraints, I am stopping at this with a personal note that I was fortunate to have the privilege of associating myself with him in several activities of the Society as well as at times on a personal level and have learned a lot from him in my professional career, more so on the ethical front. He was also unassuming in maintaining personal relationships and since he knew that my wife also attends my office, whenever we met, often he would affectionately ask me, “Ilaben kem che?”

We all at BCAS will miss Late Shri Pradyumanbhai as now he will no longer be with us to share his wisdom but his legacy of humility, values, dedication, selfless contribution and so on for the profession in general, and BCAS in particular, will never be out of our mind and will remain forever.

I sincerely pray to the Almighty that his pious soul may rest in eternal peace.

CA Kishor Karia

 

On 15th November, 2023, we lost Dada-Muni / BhishmaPitamaha of Accounting and Tax Profession.

He was like a fatherly figure for all of us in the CA fraternity and, in particular, all BCAS members.

I came in contact with Pradyumnabhai in BCAS and the Vile Parle Study Circle and in various academic forums. He not only guided me but also encouraged me to do better and better.

The credit for my involvement in the BCAS, Vile Parle Study Circle, as well as institute activities, entirely goes to seniors like Pradyumanabhai. In my interactions with him for over 45 years, he was like a guiding light, and I learnt a lot about how to be dedicated, perfectionist and passionate about our professional commitments, keeping in mind high ethical values. Above all, what always inspired us was his simplicity, humility and accessibility to guide the youngsters.

Very few persons of his stretcher and calibre are to be found in today’s world.

We pray to the Almighty to keep his soul in peace and harmony and inspire us to follow whatever he has taught us.

CA Rajan Vora

 

All of us are at a loss for words to express our deep grief on the passing away of Pradyumanbhai, and I am no exception in this. A sign of a great man is one who leaves others at a loss after he is gone and, at the same time, illuminates the future for those left behind him with light; Pradyumanbhai was one such great man. I was fortunate to be associated with him for a long period, and over a period, he became one of my role models in my practice and personal life.

My association with him is full of wonderful memories of his silent, unacknowledged, unnamed and undefined mentorship. He was the first to guide me professionally in vetting and settling my article on the Special Bearer Bonds Scheme promulgated in 1981, and his valuable suggestions led to important changes in the enactment of the Special Bearer Bonds Act, 1981. In my professional journey, he emphasised the need to share knowledge and experience and importantly taught me not to miss an opportunity to share the same and affirmatively advised me to accept an invitation to share gratefully and not for personal glory.

He set an example of what he preached by being a prolific writer and a visiting speaker all over the country, over a period of more than 60 years. His commitment was so profound that even during the years of his serious illness, he did not miss writing his annual feature on the Finance Act for BCAJ. He taught us to be a student all throughout as a step towards improving and polishing our professional skills, and for this, we shall always be grateful to him. His active participation even in recent years in the proceedings of seminars and conferences singularly marks his eagerness to always learn and incidentally to share also.

His immense administrative and management insights were no less helpful in managing the affairs of the Society. He was instrumental in introducing the post of Vice-President in the Society, which has held us in good steam over the decades. He once suggested that the younger past presidents be bestowed with higher responsibilities for the betterment of the Society.

Some of us were privileged to be the founding trustees of the BCAS Foundation, which was settled by him with great fondness. His love for charities and the welfare of the professionals continued through his regular attendance and guidance in the activities of the Foundation. He had a unique way of impressing his suggestions without making you realise the force behind the same. He taught us to set small targets to begin with and build up on the same in our journey towards the summit. His gentle suggestions will always guide the Foundation in discharging its noble functions.

Pradyumanbhai’s loss is so acute, and memories are so many that it is futile to express them in words. Yet, the single most thing that has impressed me is his unflinching commitment to ethics and values and his service to the profession; he was the doyen of the profession, most prominent and respected. I treasure a book on ‘Values’ gifted by him, which has guided me in times of darkness.

Henry Wadsworth Longfellow once said that when a great man dies, for the years, the light he leaves behind him lies on the paths of men.

Thank you, sir, for being a part of our lives.

CA Pradip Kapasi

 

We are deeply saddened to learn of the passing of Shri P. N. Shah, a distinguished past President of ICAI and a revered member of our professional community. His contributions to the field of accounting and his service to ICAI have left an indelible mark on our profession.

Shri Shah was not only a leader but also a mentor and a visionary who inspired many with his wisdom, dedication and integrity. His absence will be profoundly felt by all who had the privilege of knowing him and learning from his vast experience.

We extend our heartfelt condolences to his family, friends and colleagues during this difficult time. May his soul rest in peace.

CA T. P. Ostwal

 

END OF AN ERA

On 15th November, 2023, we lost our beloved Shri P. N. Shah. He was a professional class apart, a compassionate human; a Guru, friend, philosopher, mentor and guide to many; an Institution by himself. He has touched many lives and inspired everyone with his simplicity, humility and honesty. With his departure, a void is created in the CA profession. He has been a great source of inspiration for me. I had the privilege of working with him as a trustee of the BCAS Foundation. I learnt how to care for details and work with focus and precision.

I distinctly remember the Golden Jubilee celebrations of the Chartered Accountants Association Ahmedabad (CAAA) in 2000, wherein Shri Pradyumnabhai chaired my “FERA to FEMA” session. I was pleasantly surprised by his scholarly analysis of the subject and introduction of my paper, though FERA / FEMA was not his day-to-day practice area. I learnt how to study a subject and master it. Later on, I had many occasions to connect with him professionally and learnt a lot from him on every occasion.

Shri Pradyumnabhai has brought laurels to the CA profession as a president of the ICAI and president of the BCAS with his academic brilliance. The readers of the BCAJ used to eagerly await his masterly analysis of the Finance Act every year, which he continued till 2022. Even at the age of 93, he regularly wrote in the BCAJ and shared his knowledge with readers. This shows his commitment to the profession and zest for learning and sharing. No words are sufficient to describe this giant personality. A person like Pradyumnabhai never dies. He will ever remain alive in our hearts and memory and continue to guide generations to come. My prayers for the Sadgati of this pious Soul and heartfelt condolences to the grieving family.

नैनं छिन्दन्ति शस्त्राणि नैनं दहति पावकः। न चैनं क्लेदयन्त्यापो न शोषयति मारुतः।।2.23।।

No weapon can cut the soul into pieces, nor can it be burned by fire, nor moistened by water, nor withered by the wind.

Om Shanti! Shanti! Shanti!

Dr CA Mayur Nayak – Editor

27th International Tax and Finance Conference

Held at The Leela in Gandhinagar, Gujarat, the 27th International Tax and Finance (ITF) Conference was the first ITF Conference to be held in the month of April. Held from 6th April, 2023 to 9th April, 2023, this Conference received an overwhelming response with about 250 participants (including faculties and special invitees) attending the conference. As a flagship program of the International Taxation Committee of BCAS, the ITF Conference was designed to provide an all-encompassing platform for professionals in the field of international tax and finance to share knowledge, exchange ideas, learn from industry experts and network with peers.

The 27th ITF Conference comprised of:

Paper for Presentation Faculties
1. Intricacies of New UAE Tax Regime Chairman: CA T P Otswal

Presenter: CA Nirav Shah

2. Family Offices and Private Investment set-up in a globalised world (including cross border trust and structuring issue) CA Gautam Doshi
3. FEMA Issues in Overseas Investment Rules, LRS and Inheritance issues for Foreign Assets CA Anup Shah
Paper Presentation for Group Discussion (GD) Faculties
1. Tax Treaty and MLI Interpretation and Interplay Chairman: CA Kishor Karia,

Paper Writer: CA Ganesh Rajgopalan

2. Taxation of Foreign Income – Computation, Disclosure and Credits of Foreign Tax Chairman: CA Padamchand Khincha

Paper Writer: CA P V Srinivasan

Paper for Group and Panel Discussion Faculties
1. Case studies in International Tax (including structuring and allied issues) Chairman: CA Pranav Sayta

 

Panellist:

Pitambar Das, CCIT, International Tax

Saurabh Soparkar, Sr Advocate

Sunil Gupta, Head – Direct Tax, Reliance Industries Ltd

Deviating from its past practice, this ITF had a group discussion on case studies discussed by the panel. The participants were divided into four groups, each group ably led by group leaders (aggregating to 25 across the three papers) who helped generate an in-depth discussion of the case studies from the papers. The paper writers visited each group to witness the brainstorming sessions.

DAY 1: 6th APRIL, 2023

President CA Mihir Sheth gave his opening remarks and explained the BCAS’ activities and its new initiatives. Chairman of the International Taxation Committee CA Nitin Shingala made the introductory remarks.

The Conference was inaugurated by the President CA Mihir Sheth, Chairman CA Nitin Shingala, Special Invitee Injeti Srinivasa, Past Presidents Dr. CA Mayur Nayak, CA Gautam Nayak, CA Kishor Karia and CA Shariq Contractor by lighting the traditional lamp.

In his Keynote Address, Mr. Injeti Srinivasa, Head, IFSCA gave an insightful presentation on the state of the Indian economy and the promising trends that lie ahead. He expounded the significance of the Gujarat International Finance Tec-City (GIFT) and its role in elevating India’s status as a global financial powerhouse.


Following Srinivasa’s keynote address, Mr. Dipesh Shah, Executive Director (Development), IFSCA delivered an informative and insightful presentation on various facets of GIFT City and its role in bolstering India’s position as a global financial centre.

The delegates were engaged in a stimulating GD on Tax Treaty and MLI – Interpretation and Interplay followed by presentation on the same topic by paper writer CA Ganesh Rajgopalan who provided an in-depth analysis of the topic, exploring various intricacies and nuances involved and addressed various points that emanated from the GD. The session was chaired by CA Kishor Karia, who expertly moderated the discussion in absence of CA Pinakin Desai.

DAY 2: 7th APRIL, 2023

The day began with a GD on case studies in International Tax (including structuring and allied issues). The session was engaging and informative, with participants actively sharing their experiences and insights on the subject matter. Following the GD, CA Anup Shah spoke on FEMA issues in Overseas Investment Rules, LRS, and Inheritance issues for Foreign Assets highlighting complex issues involved in these Regulations.

Later, CA Nirav Shah delivered a session on Intricacies of New UAE Tax Regime. His presentation was thorough and detailed, covering various aspects of the new regime, including its impact on businesses and investors operating in the UAE. This was expertly moderated by CA T P Otswal.

The visit to GIFT City was a highly insightful and fruitful experience for the conference delegates. Participants visited INX (BSE of GIFT City), Waste Management System and Utility Centre. The visit was expertly guided by the GIFT City officials, who provided valuable insights into the various initiatives and policies that are being implemented to promote business growth and development within the GIFT City.


The visit was followed by a session delivered by Sandip Shah, Executive Director, FSCA. His session provided the delegates with a detailed and insightful overview of the geographical location of the GIFT City and various types of business opportunities that exists. This season was chaired by Dr. CA Mayur Nayak.

DAY 3: 8th APRIL, 2023

The day began with GD on paper on Taxation of Foreign Income – Computation, Disclosure and Credit of Foreign Taxes written by CA P. V. Srinivasan.

Following this, CA Gautam Doshi delivered an insightful session on Family Offices and Private Investment set-up in a globalised world (including cross border trust and structuring issue). CA Chetan Shah chaired this season.

Then, CA P V Srinivasan made a comprehensive presentation of his paper on Taxation of Foreign Income – Computation, Disclosure and Credit of Foreign Taxes. This session was chaired by CA Padamchand Khincha.

An evening talk – Non-taxing Dialogues – was organised which was moderated by CA Shariq Contractor. The faculty – CA T P Otswal and CA Hitesh Gajaria – relived their initial days of international tax and shared their invaluable experiences of their professional lives.

After several intensive study sessions, the organising committee of the conference took a much-needed break and organised a fun-filled karaoke and antakshari event for the delegates. The event provided a much-needed opportunity for the delegates to unwind, relax, and connect with one another in a casual and light-hearted atmosphere.

DAY 4: 9th APRIL, 2023

The morning session began with a highly informative and thought-provoking panel discussion on Case studies in International Tax (including discussions on structuring and allied issues). The panel comprised of Pitambar Das, CCIT, International Tax; Saurabh Soparkar, Sr. Advocate and Sunil Gupta, Head-Direct Tax, Reliance Industries Ltd and was moderated by CA Pranav Sayta. The discussion centered around six case studies, which were thoroughly analysed and dissected by the panelists.

CONCLUDING REMARKS

The ITF was held under the guidance of CA Nitin Shingala, Chairman, International Taxation Committee and CA Chetan Shah, Co-Chairman. CA Jagat Mehta was the Chief Conference Director. He was ably assisted by CA Divya Jokhakar as the Joint Conference Director, who minutely supervised all the sessions personally and devoted a tremendous amount of time and effort to make it the resounding success. Contribution by CA Utsav Hirani from Ahmedabad was significant in various aspects of the Conference. CA Mukesh Khandwala and CA Darshit Mehta played a pivotal role for visit to GIFT City.

Other members of the core team included CA Rutvik Sanghvi, CA Siddharth Banwat, CA Mahesh Nayak, CA Anil Doshi and CA Deepak Kanabar. The ITF Conference ended on a high note and received encouraging response and feedback from the participants.

Society News

LEARNING EVENTS AT BCAS

1. Indirect Tax Laws Study Circle – Legal position w.r.t conditional rate notifications under GST held on 16th October, 2023, in Online Mode.

The group leader CA Archit Agarwal had prepared 6 case studies on various issues revolving around the topics covering live issues, circulars and AARs / HC judgments. The case studies covered the following aspects for a detailed discussion:

1. Whether GST @ 18 per cent with ITC can be paid despite the specific entry in the rate notification?

2. Whether taxpayers can change the method of payment of GST from 18 per cent with ITC to a specific rate of 5 per cent without ITC after 5 years (i.e., after the ITC portion of the aircraft gets fully depreciated)?

3. Whether the conditions of lapsing of ITC on inverted duty structure through circular is legally valid?

4. Whether procedural lapse of filing declaration for opting GST @ 12 per cent with ITC for GTA be defended after the issue of SCN and whether any other remedy is available?.

5. Issues in the claim of abatement towards land cost by Taxpayers in Real Estate and Construction.

6. Issues and remedies for a claim of ITC on delayed development projects and sale of flats after receipt of OC.

The Group Mentor CA Naresh Sheth monitored the discussion and enlightened the group with his inputs from time to time.

Around 45-50 participants all over India benefitted while taking an active part in the discussion on the bare law, circulars, AARs and SC decisions. The group mentor and the participants appreciated the efforts of the group leader.

2. Seminar on e-Filing of Form 10B, 10BB & ITR-7 for A.Y. 2023-24 for Charitable Trusts held on 13th October, 2023, @ BCAS in Hybrid Mode.

In this event organised by Direct Taxation Committee, the opening remarks were given by President CA Chirag Doshi via a Video Conference. Then CA Gautam Nayak and CA Anil Sathe gave their remarks including on the issues relating to the nitty-gritties involved in the Forms applicable to Charitable Trust and how the trust’s auditor has to be careful while mentioning their qualifications and filling the clauses, especially those which can lead to denial of exemptions u/s 11 & 12 of the Income -tax Act, 1961.

CA Ashok Mehta explained the clauses in Form 10BB that are applicable to charitable trusts which earn income before claiming exemption u/s 11 & 12 of the Income-tax Act, 1961.

CA Deven Shah elaborately led the participants through the clauses which are uncommon in Form 10B as compared to what was explained in Form 10BB.

Details were discussed about clauses related to Corpus Donations, exemptions of income of 15 per cent, accumulation, and disallowances. Section 115BBI — Tax on Specified Income was well put up through the Forms that the respected speakers spoke in detail.

ITR 7 was later taken up post-lunch, where CA Divya Jokhakar elucidated the participants, the interconnection between the schedules, the static information, how to be more ready before e-filing on the CPC Income Tax Website.

After both the sessions pre-lunch and post-lunch, questions were invited online and in person from the present audience.

A robust discussion was carried out by all the speakers and both the chair making the event a grander success as all the queries were resolved.
There were 283 participants online and 41 offline.

3. Felicitation of the ICAI Torch Bearers by BCAS on 7th October, 2023 at BCAS Hall.

A meeting between CA Aniket Talati, President and CA Ranjeet Kumar Agarwal, Vice President along with other Central Council Members of ICAI and BCAS represented by CA Chirag Doshi, President and all officer bearers, Past Presidents and Managing Committee members of BCAS was held at BCAS Hall, Mumbai to felicitate the said ICAI torch bearers and also to discuss and exchange thoughts on various aspects of the profession.

The positive perception of our profession within Government and its various instrumentalities, the areas where representation may be required for ease of compliance, the accountability of the chartered accountants as auditors and risk-mitigating measures, capacity building of small-time practitioners and regulations dealing with the formation of muti-disciplinary entities, need of chartered accountant services vis a vis marketing of those services, joint audits, developments in curriculum, examination & campus placements of fresh chartered accountants and students aspiring to become CA, global opportunities for CA were some of the topics in respect of which, members of both the institutions shared their
thoughts. CA Aniket Talati addressed various concerns raised during the meeting with facts, and statistical references (wherever possible) and also educated the group about various ongoing initiatives being undertaken by ICAI. CA Ranjeet Kumar Agarwal spoke about the history and development of the profession and its contribution to this Country in the past 75 years and enthused the group with the vision that ICAI bears and its roadmap for the future growth of profession in the Amrit-kal.

Both institutions also discussed ways to work together for the betterment of the profession and society at large.

From the Central Council of ICAI, CA Chandrashekhar Chitale, CA Durgesh Kabra, CA Mangesh Kinare, CA Piyush Chhajed and CA Priti Savla were present.

4. 6th Long Duration Course on Goods and Services Tax held from 24th August, 2023 to 7th October, 2023, in Online Mode.

The 6th Long Duration Course on GST – 2023 organised by the Indirect Taxation Committee was conducted by BCAS, virtually (online mode) from 24th August, 2023 to 7th October, 2023. It was held on every Tuesday, Thursday and Saturday covering theoretical as well as practical aspects of GST.

The course covered 30 pre-recorded training videos of 90-120 minutes duration each and 30 live interactive sessions of one hour each for 15 days. The sessions were conducted by proficient faculties having immense expertise in the field of indirect taxation. The course started with the constitutional overview of GST and covered various concepts such as supply, valuation, ITC, place of supply, returns, registration, refunds, litigations etc.

Listening to pre-recorded videos helped the participants to have an interactive session by highlighting various issues in GST before 30 GST stalwarts. The course received a very good response with 183 participants enrolling from various cities.

The course ended with a positive and encouraging response and feedback from all the participants, in turn motivating the BCAS team to conduct such courses in the near future.

5. Webinar on GST Reconciliations in Tally Prime held on 6th October, 2023, in Online Mode.

The above webinar was organised by the Indirect Taxation Committee to demonstrate how businesses using tally software can optimise the software using GST reconciliation feature for executing the compliance work smartly and efficiently. The speaker CA Parth Patel presented the various means of Simplifying Books vs. Portal Comparison in Tally Prime and also displayed Glimpses of the Reconciliation Process.

The presentation covered the following aspects of the Tally Prime Software for a detailed discussion:

1. Challenges in GST Reconciliations.

2. Structural enhancements for GST Reco.

3. GST Transactional compliances from Auditors Perspective.

4. Solution Walkthrough for GSTR 1, GSTR 2A and GSTR 2B Reconciliations.

5. Future roadmap for further improvements and new features.

More than 300 participants all over India benefitted while taking an active part in the discussion on the Reconciliation Process. The speaker answered more than 80 questions raised by the participants.

Link to access the session: https://www.youtube.com/watch?v=AS8vt4Zr14g

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6. Indirect Tax Laws Study Circle – ISD vs. Cross-charge: the way ahead in view of announcements made in the 50th GST council meeting held on 27th September, 2023, in Online Mode.

The group leader CA Aumkar Gadgil prepared 5 case studies on various issues revolving around the topic covering live issues, circulars and AARs/ HC judgments. The case studies covered the following aspects for detailed discussion:

1. The distinction between ISD and cross-charge and applicability vis-à-vis the scenario.

2. Determining what should be cross-charge and what should be ISD in view of Circular 199?

3. Procedural aspects relating to cross-charge, such as:
a. Is the specific classification of service required or can it be classified as “support services”? Will classification decide the eligibility to claim the input tax credit of the recipient?

b. Can any and all services received be distributed or one needs to demonstrate that the services are actually received/ enjoyed by other branches?

c. Valuation and scope of proviso to Rule 28 when the receiving branch is not entitled to full input tax credit.

4. Procedural aspects relating to ISD, such as:

a. Can multiple ISD registrations be taken under one PAN?

b. Can a cross-charge invoice be raised to ISD for further distribution to other branches?

5. Decision of the High Court in the case of JSW Steel Ltd, AAR in the case of Columbia Asia Pacific and Others.

The Group Mentor CA Mandar Telang monitored the discussion and enlightened the group with his inputs from time to time.

Around 45-50 participants all over India benefitted while taking an active part in the discussion on the bare law, circulars, AARs and SC decisions. Participants appreciated the efforts of the group leader and the active participation of the mentor in an interesting segment analysis on the automobile sector.

7. Webinar On ‘Intertwining Of Laws In The Technology World’ held on 5th September, 2023.

The Corporate and Commercial Laws Committee organised above half-day seminar dealing with the laws relating to technology and data protection, equipping participants with the knowledge to navigate legal challenges in the digital age.

The session on “Data Protection, Cyber Security, Digital IP” was dealt by Mr. Huzefa Tavawalla & Mr. Purushotham Kittane. Both experts dealt with the nuances of legal frameworks and regulations governing technology and the new Data Protection Law.

“Regulatory aspects of online gaming” was conducted by Adv. K Vaitheeswaran. He very well dealt with the international legal jurisprudence relating to the game of chance and the game of skill.

“Revenue Models and managing Gaming and E-Commerce business” was conducted by Mr. Avinash Gupta. He broadly gave a framework and the business dynamics of online gaming and how the industry is evolving.

“Anti Money Laundering Regulations with respect to Technology Companies” was dealt by Adv. Ashoo Gupta. She touched upon the recent litiwgative issues of Payment applications and briefed about PMLA provisions.

The sessions were very well received and participants had a good learning of laws relating to the technology world.

Miscellanea

1. TECHNOLOGY

1 Amazon plans drone deliveries for UK parcels next year in an Hour

Amazon has announced it will start using drones to deliver parcels in the UK in under an hour. The online retail giant said the service would start in one location which is yet to be revealed, at the end of 2024. The company already offers drone deliveries in two US states for goods weighing no more than 5 lbs (2.2 kg).

The aviation regulator said “exploring” how drones could be safely used in more of the UK’s airspace was “key”. Amazon said it was working closely with the Civil Aviation Authority (CAA) to meet regulations, while the government said the move would help it understand “how to best use the new technology safely and securely”. David Carbon, Vice President of Amazon Prime Air, said he believed there was demand for the technology in the UK and that it was “absolutely safe”.

“It’s hundreds of times safer than driving to the store,” he told the BBC in an interview in Seattle. “I’ve never heard anyone say they wouldn’t want something faster. Customers will be able to choose from thousands of items which weigh 5 lbs or less, from washing up liquid and toothbrushes to beauty products and batteries to fill a shoe-box size package.”

“What our customers will do is jump on to the Amazon website, they’ll select drone delivery if it’s available in their area, they’ll order their product….and that will then set off the chain of events that goes to our ground system that finds the customer’s yard, drops the package off where they asked it, and we’re out of there,” Mr Carbon said. The first area in the UK for deliveries by air will be named in the coming months. The company currently has drone postage in California and Texas and is also looking to launch the so-called “ultra-fast” deliveries in a third US state and in Italy.

Baroness Vere, the Government’s Aviation Minister said, “Amazon’s plans would help boost the economy and offer consumers more choice while helping in keeping the environment clean with zero emission technology. It will also build our understanding on how to best use the new technology safely and securely,” she said, adding that the Government planned for commercial drones to be a “commonplace” by 2030.

(Source: www.bbc.com – 19th October, 2023)

2 Seeing Chandrayaan-3 craft development, US experts wanted India to share space technology with them: ISRO chief

ISRO Chairman, Mr S. Somanath said, “Experts involved in developing complex rocket missions in the US, after witnessing the developmental activities of the Chandrayaan-3 spacecraft, suggested that India share space technology with them.”

“Times have changed and India is capable of building the best of devices and rockets and that is why Prime Minister Narendra Modi has opened the space sector to private players,” he said at an event. Somanath was addressing students at an event organized by Dr A P J Abdul Kalam’s Foundation, commemorating the 92nd birth anniversary of the late former President today.

“Our country is a very powerful nation. You understand that our knowledge and intelligence level in the country is one of the best in the world,” the ISRO Chief said, explaining, “In Chandrayaan-3, when we designed and developed the spacecraft, we invited experts from the Jet Propulsion Laboratory, Nasa-JPL, who does all the rockets and most difficult mission.”

He continued, “About 5-6 people from Nasa-JPL came to ISRO headquarters and we explained to them about Chandrayaan-3. That was before the soft landing took place on August 23. We explained how we designed it and how our engineers made it…..and how we are going to land on the moon’s surface, and they just said, no comments. Everything is going to be good.”

JPL is a research and development laboratory funded by the National Aeronautics and Space Administration and managed by the California Institute of Technology (CALTECH) in the United States of America.

US space experts also said one thing, “Look at the scientific instruments, they are very cheap. Very easy to build and they are high technology. How did you build it? Why don’t you sell this to America, they were asking,” he said.

“So students, you can understand how times have changed. We are capable of building the best equipment, the best devices, and the best rockets in India. That is why our Prime Minister, Shri. Narendra Modi has opened the space sector.” He further added, “India successfully touched down near the south pole of the lunar surface with the Chandrayaan-3’s Lander on August 23, making it only the fourth country to achieve the feat of a Moon landing after the US, China and the erstwhile Soviet Union.”

(Source: www.timesofindia.com – 16th October, 2023)

2. WORLD NEWS

1 Amazon Rivers fall to lowest levels in 121 years amid a severe drought

Rivers in the heart of the Amazon Rainforest in Brazil fell to their lowest levels in over a century as a record drought upended the lives of hundreds of thousands of people and damaged the jungle ecosystem. The Port of Manaus, the region’s most populous city, at the meeting of the Rio Negro and the Amazon River, recorded 13.59 meters (44.6 feet) of water on Monday, compared to 17.60 meters, a year ago, according to its website. That is the lowest level since records began 121 years ago in 1902, passing a previous all-time low set in 2010.

Rapidly drying tributaries to the mighty Amazon have left boats stranded, cutting off food and water supplies to remote villages, while high water temperatures are suspected of killing more than 100 endangered river dolphins. After months without rain, rainforest villager Pedro Mendonca was relieved when a Brazilian NGO delivered supplies to his riverside community near Manaus, late last week.

“We have gone three months without rain here in our community,” said Mendonca, who lives in Santa Helena do Ingles, West of Manaus, the capital of Amazonas state. “It is much hotter than past droughts.” Some areas of the Amazon have seen the least rain from July to September since 1980, according to the Brazilian Government Disaster Alert Centre, Cemaden.

Brazil’s Science Ministry blames the drought on the onset of the El Niño climate phenomenon this year, which is driving extreme weather patterns globally. In a statement earlier this month, the ministry said it expects the drought will last until at least December, when El Niño’s effects are forecast to peak. Underlying El Niño is the long-term trend of global warming, which is leading to more frequent and more intense extreme weather events, like drought and heat.

(Source: CNN.com – 17th October, 2023)

3. WOMEN EMPOWERMENT

1 One in Five Board Members at India Inc. is Now a Woman

This figure was one in 20, a decade ago, when law mandating one woman director came into effect. There are 885 women among the 4,783 directors that cumulatively sit on the boards of Nifty-500 companies, resulting in 18.5% women representation.

After 10 years of the enforcement of the Companies Act 2013, that made it mandatory for companies to have at least one woman director on their boards, one in every five board members on average in Nifty-500 companies is a woman. Five years ago, one in eight directors was a woman, and ten years ago, the proportion was one among twenty members, Prime Database research showed.

Though there is a progress in enhancing gender equity at the board level, the glass is both half full and half empty. The legal mandate has ensured that almost all the 500 companies have a woman director on their boards, but it has also defined the presence of women on Indian Boards. In total, 223 (or 45 per cent) of the Nifty-500 companies have only one woman director, in compliance with the law.

Furthermore, the bigger the size of the board, the more conspicuous the dearth of women directors. There are 81 companies with only one woman director on their respective boards of ten or more members. For instance, L&T with a board size of 19 members has only one woman director. Ironically, the only woman director on the board of L&T is Preetha Reddy, the Vice Chairperson of Apollo Hospitals which has six women directors on its board of 11 members. Apollo Hospitals is one of the eight companies of the ’50 per cent + club’ where women make up half or more of the board.

“Company managements hire independent directors, the people with whom they have some earlier interactions which give them comfort, or the government officials post their retirement,” said Manju Agarwal, an independent woman director on boards of several listed companies. “Since most of these people tend to be male officers/entrepreneurs, the boards end up having more male members. And typically, one woman director gets hired predominantly because of the legal mandate,”
she added.

Globally, one in three directors on the boards of S&P 500 companies is a woman. But this is not due to a law mandating women on board but the pressure from investors and efforts by the companies towards having gender diversity at the board level. The UK Government backed Hampton-Alexander Review in its February report, this year on FTSE Women Leaders recommended an increased target of 40 per cent women representation on the boards of FTSE-350 companies by the end of 2025. Last year, British Housing Developer, Barratt Developments, faced protests from its shareholders after the proportion of women board members fell below the recommended 40 per cent level.

In India, 22 companies among the Nifty-500 have women representation in their board at 40 per cent and above. Incidentally, several of these companies have women chairpersons or CEOs. For instance, Colgate Palmolive, Godrej Consumer, Jyothy Labs, Vinati Organics, Apollo Hospitals, Sundram Fasteners and New India Assurance.

“There is no dearth of qualified women but most of them do not have board experience,” said Vikesh Wallia, Managing Director Board, Steward-8 Ship Inc., a research and advisory firm. “Promoters in India are still settling down with the one-woman director mandate. Besides, women are not pitching themselves hard enough for board seats. Also, the Government and MNCs are not taking the lead in ensuring gender diversity at the board level. Several PSUs do not have a single woman on their boards and there are MNCs who have better women representation on their boards overseas but not here in India,” he added.

To be sure, PSUs such as Power Grid, UCO Bank, Bank of Maharashtra and BEML do not have a woman director on their boards.

(Source: Economic Times – 19th October, 2023)

4. SPORTS

1 India finished with a record haul of 107, including 28 gold, at the 2023 Asian Games in Hangzhou

India has been a powerhouse since the Asian Games started in 1951. Having participated in all editions of the quadrennial showpiece, India played an integral role in the establishment of the Asian Games and even hosted the inaugural edition in New Delhi.

India won 51 medals — 15 gold, 16 silver and 20 bronze — at the Asian Games 1951 to finish second behind Japan (60 medals). It remains India’s best finish at the Continental Games. Swimmer Sachin Nag won the 100 m freestyle event at New Delhi in 1951 to become India’s first gold medallist at the Asian Games.

In the same year, Roshan Mistry became the first Indian woman to win an Asian Games medal when she took silver in the 100 m sprint at the 1951 Asian Games. Since then, India has won 779 medals at the Asian Games, including 183 golds, 239 silvers and 357 bronze.

India has returned with a gold medal at every edition to date and is the fifth-most successful country at these Games. Indian track and field stars have led from the front, bagging a massive 283 medals in 19 appearances at the big-ticket event.

India’s best medal tally came at the Asian Games 2023 in Hangzhou, the People’s Republic of China. India won a record 107 medals, surpassing their previous-best haul of 70 from Jakarta 2018. Unsurprisingly, athletics was the most successful sport, accounting for 29 medals.

At Asian Games 2018, Neeraj Chopra became the first Indian to win a gold medal in the Javelin Throw while Dutee Chand brought home India’s first medal in the women’s 100 m since PT Usha’s silver in 1982. Neeraj Chopra successfully fended off a challenge from compatriot Kishore Kumar Jena to defend his Asian Games title at Hangzhou 2023.

Apart from athletics, wrestlers, boxers and most recently, shooters have contributed handsomely to India’s medal count at the Asian Games. All top Indian athletes such as wrestlers Bajrang Punia and Vinesh Phogat, boxers Mary Kom, Lovlina Borgohain, Nikhat Zareen and Vijender Singh and shooters Abhinav Bindra and Jaspal Rana have also stood on the Asian Games podium.

India, however, has been the most dominant in Kabaddi, winning eight out of the nine editions since the sport debuted in 1990. India’s only loss was with Iran at the Asian Games 2018 in Jakarta.

(Source: olympics.com – 9th October, 2023)

Letters to the Editor

The Editor,
BCAJ,
Mumbai.

Re: Use of Artificial Intelligence (AI) in various areas of CA Practice: Need for Practical Training.

Dear Sir,

I read with interest an article by Shri Raman bhai Jokhakar, titled, ‘Chatting up about India: Technology Not Just about a Few, But for All’, in the September 2023 issue of BCAJ, and other articles on use of technology by CAs in the fields of Accountancy, Auditing, Data Analysis, Big Data, Forensic Investigations, etc., in recent issues of BCAJ and ICAI Journal.

Now, it is well established that AI and other technology tools are here to stay, and technology is advancing at a very rapid clip, and the same can be and should be deployed in our profession.

The next stage is providing practical training to our Members in the use of AI and other technology tools in various areas of CA practice. BCAS has been conducting various long-duration programs on subjects such as GST, FEMA, DTAA, Transfer Pricing, etc.

I would request the President to urgently organise training programs on the various AI tools and other technology tools on a regular basis so that our Members are equipped to use the same in their practice. The same has become very imperative as the compliance burden has increased, timelines have been compressed, and punitive actions by Regulators and Authorities have become very swift and quite devastating.

Yours Sincerely,

CA Tarunkumar Singhal

The Editor,
BCAJ,
Mumbai.

Dear Sir,

I am writing to you with reference to the Editorial I read in the October 2023 issue of the BCAJ.

The theme of the Editorial so beautifully captured the essence of Women’s Empowerment, serving as an emblem of inspiration and courage.

I am a retired employee from the Central Government organisation, and this feature spoke to me at many levels. The way it highlighted ‘Nari Shakti’, I think, is of the utmost need of the hour. I started my business at the age of 65 after retirement, as I — in all its capacity — believe in the power of women’s empowerment.

Instilled in me by my mother, who herself was a Govt. professional in her days, I have passed down the same courage to my daughters and strongly encourage every woman out there to follow their dreams.

I whole-heartedly thank you, Sir, for such a note-worthy Editorial that genuinely mirrored the foundation of a strong society, now more than ever.

Yours Sincerely,

Mrs. Shashi Sharma

Regulatory Referencer

I. COMPANIES ACT, 2013

1. MCA allows companies to hold AGMs & EGMs via ‘VC & Other Audio-Visual Means’ till 30th September, 2024: MCA has decided to allow companies whose AGMs are due in the year 2023 or 2024 to conduct their AGMs through Video Conference (VC) or Other Audio-Visual Means (OAVM) on or before 30th September, 2024. Also, companies are allowed to conduct their EGMs through VC or OAVM till 30th September, 2024. However, it is clarified that this shall not be treated as any extension of statutory time for holding of AGMs or EGMs. [General Circular No. 09/2023, dated 25th September, 2023]

II. SEBI

2. SEBI mandates listing of subsequent issuances of outstanding non-convertible debt securities: SEBI has notified an amendment to the SEBI (LODR) Regulations, 2015. A new regulation 62A has been inserted. The regulation states that a listed entity whose subsequent issues of unlisted non-convertible debt securities are made on or before 31st December, 2023, and are outstanding, may list such securities on a stock exchange. Further, listed entities whose non-convertible debt securities are listed must list all such securities proposed to be issued on or after 1st January, 2024, on the stock exchanges. [Notification No. SEBI/LAD-NRO/GN/2023/151, dated 19th September, 2023]

3 SEBI extends timeline for trading & demat account holders to submit nominee details by three months: SEBI has extended the timeline for existing trading and demat account holders to provide a choice of nomination or formally opt out of nomination through a declaration form by three months, i.e., by 31st December, 2023. Further, the submission of choice of nomination for trading accounts has been made voluntary by the regulator as a move towards ease of doing business. Earlier, the deadline for existing trading and demat account holders to provide a choice of nomination was on or before 30th September, 2023. [Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2023/158, dated 26th September, 2023]

4 SEBI issues Master Circular for ‘Merchant Bankers’: SEBI had issued multiple circulars, directions and operating instructions to Merchant Bankers on a regular basis to ensure compliance. In order to enable the stakeholders to have access to all circulars at one place, a Master Circular regarding Merchant Bankers has been issued. This Master Circular is a compilation of all the existing circulars and directions issued by SEBI to Merchant Bankers. [Master Circular No. SEBI/HO/CFD/POD-1/P/CIR/2023/157, dated 26th September, 2023]

5 SEBI extends timeline for nomination of Mutual Fund Unitholders by three months: SEBI has extended the timeline for nomination of mutual fund unit holders either solely or jointly from 30th September, 2023, to 31st December, 2023. Further, non-compliance of it will result in freezing of folios w.e.f. 1st January, 2024. In order to protect the interest of investors and regulate the securities market, AMCs and RTAs must encourage unitholder(s) to fulfill the requirement for nomination / opting out of nomination by sending a communication on a fortnightly basis by way of emails and SMSes to unitholder(s). [Circular No. SEBI/HO/IMD/IMD-I POD1/P/CIR/2023/160, dated 27th September, 2023]

Society News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Workshop on NBFC held on 4th August 2016

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

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

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

FEMA Study Circle Meeting held on 4th August 2016

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

A total of 34 participants attended the meeting.

 

 

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


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

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

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

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

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

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

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

A total of 20 participants attended the Study Circle.

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

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

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

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

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

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

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

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

BREXIT and its Global Effects held on 8th August 2016

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

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

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

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

A total of 26 participants attended the study group.

 


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

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

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

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

 


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

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

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

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

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

–    Foreign currency derivatives

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Highlight of Srinivas Joshi’s Presentation

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

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

Highlight of Mayur Nayak’s Presentation:

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

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

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

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

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

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

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

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

Lecture Meetings

Meeting addressed by Delnaz Mistry, Manager NSDL on Government’s Initiatives on Electronic Credit for Income Tax payments on 26-8-2009 at IMC was well received and appreciated by alL

The Power Point presentation covered all practical issues dealing with TIN, E-payments, Challan Status Enquiry key points for preparation and submission of E-TDS statements,  Quarterly  Statement  Status, Refund  Status, Registration  for view of Form 26AS and benefits  of Form 26 AS.    
        
She brought  out the common errors/inconsistencies and gave practical  hints to overcome  the same and also informed  of new initiatives  planned  which are likely  to be introduced   in near  future.  Members resolved  their  queries  and pointed  out difficulties faced in the question-answer   session.

Vispi Patel, Chartered  Accountant,  addressed  members on Transfer  Pricing Audit  – Documentation and  Benchmarking   in the background   of Recent Assessments/Decisions. He started with  some important  provisions,  and  then  dealt  in detail  with documentation  and Benchmarking  of international transactions   with  associated  enterprises.   He not only covered  important  decisions  on the topic but also dealt with interesting  case study,  so as to have a better  understanding   of the subject, in his inimitable  style,’ which  was  appreciated   by  all those present  in the meeting.        

Accounting & Auditing Committee:

Seminar on Audit of NBFCs on 21-8-2009:

Non-Banking Financial Companies (NBFCs) are highly regulated entities and have many statutory /reporting compliances to be adhered to, especially if they are accepting deposits from the public. It is a specialised area of operations and the domain knowledge of the functions, operations, regulations and statutory compliances of NBFCs is necessary for handling matters relating to NBFCs.

NBFCs are fast emerging as an important segment of Indian financial system, performing financial intermediation in a variety of ways, like accepting deposits, making loans and advances, leasing, hire purchase, etc. The working and operations of NBFCs are regulated by the Reserve Bank of India (RBI)within the framework of the Reserve Bank of India Act, 1934, and the directions issued by it under the Act.

To make the members and professionals in industry aware about the overall working of the NBFCs, BCAS under its Accounting & Auditing Committee, had organised this full day seminar at Hotel Marine Plaza. It was addressed by four eminent speakers having expert knowledge of the areas covered by each of them. The seminar was well attended by 80 participants and more than half of the participants were from industry, reflecting the importance of the subject.

The seminar was inaugurated by President of BCAS, Ameet Patel who emphasised the need to understand the regulations and compliances for NBFCs properly, so that their audit can be carried out in a meaningful manner.

Later, Chairman of the Accounting & Auditing Committee Himanshu Kishnadwala, touched upon the concept and the importance of topics chosen for the seminar.

The first session was addressed by Archana Mangalagiri, GM, Department of Non-Banking Supervision, RBI. She spoke on the topic of ‘Classification and Regulation for Deposit Acceptance’. Before going into the nitty-gritty of the classification and regulation, she took the participants through the history and build-up of regulatory mechanism over the years, which gave them an in-side view of the purpose of the classification and its regulatory requirements. She also dealt with the supervisory framework undertaken by RBI in the form of on-site inspection, off-site inspection and market intelligence. She further highlighted the importance attached to the role of auditors in the supervisory framework.

The second session was addressed by Jayant Thakur. He dealt with the topic ‘Some Regulatory Aspects for Auditors’. He touched upon the perspectives in NBFCs which are very relevant for the auditors and also shared his knowledge on the working of minimum NOF, what receipts are termed as public deposits, etc.

The third session was addressed by Manish Gujral. He gave a presentation on the topic’ Audit

Procedures and Reporting for NBFCs’. He briefly highlighted the Circulars and Guidelines issued by RBIwhich have to be taken into consideration while preparing financial statements of NBFCs as well as while auditing the same. He very methodically explained the disclosures to be made in the financial statements and also explained the procedures to be performed by the auditors to check the compliances and adequacy of the disclosures.

The last session was addressed by Yogesh Thar. He dealt with the ‘Typical Tax Issues in NBFCs’. He elaborately explained the controversies as to the compliance of Prudential Norms while provisioning of interest and bad debts vis-a-vis the allow ability of those expenses in Income Tax. He also shared his experience on the controversies relating to applica-bility of S. 14A and explanation to S. 73.

Overall, the seminar was a success as the participants got good insight into the important aspects of NBFCs which needs to be complied to have smooth functioning of the NBFCs as well as to carry out a quality audit of NBFCs.

Taxation  Committee:

Seminar on Direct Tax Code:

The Taxation Committee of BCAS had conducted a Special Seminar on Direct Tax Code (DTC) on 28th and 29th August 2009 at Y. B. Chavan Pratishthan, Nariman Point. The seminar received very good response. The total enrolment was 470 participants which included members from the industry and from different parts of the country. The seminar was addressed by prominent speakers namely; Kishor Karia, Pinakin Desai, Gautam Doshi, Rajan Vora, Gautam Nayak, Yogesh Thar and Amrish Shah. The speakers highlighted many of the important aspects of the Direct Tax Code and gave suggestions for making proper representations to the Government on certain contentious and far reaching conse-quences that the DTC may have.

Taxation Committee:

Workshop on ‘How to conduct a Tax Audit’:

The Taxation Committee of BCAS had also conducted a half-day workshop on ‘How to conduct a Tax Audit’ on 4th September 2009 at Wa1chand Hirachand Hall of IMC. The workshop was conducted by CA Himanshu Kishnadwala and CA Anil Sathe, both past presidents of the Society. The speakers covered all the related aspects of tax audit and the participants were immensely benefited with the interactive session. About 270 members benefitted from the workshop. The audience included articled students, tax audit assistants and fresh chartered accountants.

Accounting & Auditing Committee:

Seminar on ‘Implementation of Standard on Quality Control’

A half-day seminar on SQC 1 (Quality Control for Firms that Perform Audits & Related reviews of Historical Financial Information, and Other Assurance & Related Services Engagements) was held on Saturday 5th September 2009 at the premises of the Society. It was attended by 55 participants and addressed by 2 Chartered Accountants in practice, Govind Ahuja and Ramchandran Vasudevan.

The seminar was interactive and covered various nuances of this new Standard on Quality Control which was issued to align quality aspects of Indian Audit practices with the rest of the world. The speakers dealt with important clauses of the standard and in particular covered documentation, monitoring audit assignments, and how a practice can establish quality control mechanism within a medium-sized practice. The participants not only benefitted from the insights of the speakers but received answers to their questions as well.

Lecture Meetings

Subject : Taxation of Real Estate — Some Important Aspects including PCM, Development & Redevelopment, S. 50C and S. 80IB(10)

Speaker : Pradip Kapasi, Chartered Accountant

Date    : 20-10-2010

After a brief introduction of the topic for the evening, the learned speaker took up the Completed Contract Method (CCM) as the first issue to be discussed. The Supreme Court in the case of Bilahari Investment (299 ITR 1) held that the CCM which was acceptable in accountancy was also acceptable in the case of income tax. The propositions laid down by the Supreme Court in this decision were that the CCM was an accepted method of accounting, it was an objective method and it was a revenue-neutral method. Based on the observations of the Supreme Court, the speaker opined that the CCM would be acceptable provided that there was no accounting standard in force prohibiting use of the CCM.

The speaker then proceeded to discuss certain recent developments in accountancy which have a bearing on the topic. It was noted that AS-7 was revised to provide that the revenue for all contracts entered into on or after 1-4-2003 would have to be recognised for on a Percentage Completion Method (PCM) only?: the option to use CCM has been withdrawn. Further, the revised AS-7 is not applicable to builders and developers but only to contractors. The speaker referred to the opinion of the Expert Advisory Committee of ICAI which has opined that the revenue recognition of builders and developers would be in accordance with AS-9 read with AS-2. Reference was made to the Exposure Draft of ASI which had clarified that the revenue was required to be recognised in cases of builders and developers only at the time of parting with the possession of the premises and not at the time of mere execution of the agreement for sale. However, the Draft was not finalised and instead, the Guidance Note 23 was issued, which states that it would be reasonable to assume that the property in goods passes on the execution of agreement and therefore, revenue recognition should occur at that stage provided work had commenced. Attention was drawn to the GN which provided that in cases where substantial work is yet to be performed at the time of execution of the agreement, one would have to recognise the revenue in stages by reverting to AS-7 for following the PCM. Thereafter, the speaker discussed some important aspects of relevant IFRS on this topic, viz., IAS 11, IAS 18, IAS 40 and IFRIC 15.

Thereafter, the learned speaker addressed the issue of how the taxation of real estate industry would be affected by the various accounting changes that have or will take place. The speaker opined that given all the accounting changes, in view of S. 145 and S. 145A and the tribunal decisions in the case of Greater Ashoka LDC. (P) Ltd. (89 TTJ 281) and Growth Techno Projects Ltd. (29 SOT 59), following the CCM would not be difficult.

The speaker then highlighted that the cost of acquisition of land is to be ignored in considering the value of the work completed and also in determining the stage of completion of work. He explained that the base unit for computing the work completion can be w.r.t. — area, cost, time or sales value. He expressed that the time of passing the effective control and management by the builder-developer was crucial in deciding the time for recognition of revenue. The speaker opined that the revenue may be recognised once the stage of completion of work reached 25% of the total work to be done. He also referred to some pertinent issues arising in valuation of stock/land/WIP.

The next point of discussion was whether the borrowing cost incurred (being in the nature of period cost) was allowable as deduction in computing the income for tax purposes?? It was explained that the Bombay High Court in the case of Lokhandwala Constructions (260 ITR 579) held that the interest should be allowed as a deduction as it was in the nature of business expense u/s. 36(1)(iii). On the topic of ‘Borrowing Cost’, the speaker also discussed the cases of Wallstreet Constructions [101 ITD 156 (Mum.) (SB)], K. Raheja [102 ITD 414 (Mum.)], Thakkar Developers [115 TTJ 841 (Pune)].

The next question was whether sharing of land or real estate of any kind, in any manner, would by default lead to formation of a joint venture?? If yes, another question would be whether this JV would then be an AOP and taxable as a separate entity?? He highlighted the acute controversy prevailing on account of the conflicting decisions of the AAR in the cases of Van Ord 248 ITR 399, and Geo Consult GmbH (304 ITR 283). In the opinion of the speaker, the arrangement of land sharing without sharing the profit does not amount to joint venture.

In the area of indirect taxation and allied laws, the speaker discussed the developments in the following areas?:

  •   Service tax on sale of flats — Harekrishna Developers AIT, 2008 128 (AAR), Magus Constructions P. Ltd., 2008 TIOL 321 (Gau.).
  •     Consumer Protection Act — Fakirchand Gulati v. Uppal, (SC), ITAT Online.
  •     VAT on sale of flats — Review of K. Raheja’s decision by larger Bench of SC in L&T’s case, Amendment of 2006 w.e.f. 20-6-2006, Trade Cir-cular dated 7-2-2007 and Amendment of 2010.
  •     Stamp Duty — Development agreements and tenancy transfers.

Thereafter, the speaker discussed whether a development agreement results into a transfer in the hands of the landlord and if yes, at what point of time does the liability to pay tax arise?? The decision of Bombay High Court in the case of Chaturbhuj Dwarkadas Kapadia (260 ITR 491) was discussed and debated and the serious consequences following this decision were highlighted.

Next, in the cases redevelopment of tenanted properties, the speaker said that in case the land-lord himself develops the property, there would be no transfer in his hands. However, in case the landlord does not develop the property himself, in such cases, the above decision of the Bombay High Court would be applicable.

Other situations and alternatives arising from the decision of Chaturbhuj Dwarkadas Kapadia such as development pending the approval, willingness to perform, deferred possessions, piecemeal transfers, partial retention, need for written agreement, etc. were discussed.

Next point was redevelopment. In case of redevelopment of tenanted property, there could be three situations in respect of the tenant on redevelopment?:

  •   The tenant of old property becomes tenant of new property after the redevelopment — Would this result in capital gains in the hands of the tenant?? There is a transfer, however, capital gains would arise only if there is a full value of consideration.
  •     Tenant remains a tenant immediately after the redevelopment, but after a while, he becomes the owner — There are two views on transfer when tenancy is converted to ownership. One view, to which the speaker subscribed, is that there is a new right in place of the old right and thus, there is transfer. The other view is that tenancy provides an occupancy right and upon conversion to ownership, there is a merger of an inferior interest to superior interest but no transfer.
  •     Tenancy is converted to ownership immediately on redevelopment — Whether when such ownership property is transferred shortly after conversion to ownership, would it be long-term or short-term?? Courts have held that this is short-term capital asset as what was transferred was the ownership right which was acquired only in the short term.

In case of redevelopment of society property, issue is whether there is any liability to tax when the society and owners transfer the development rights to developers. If yes, the issue would be that since the transferable development rights (TDR) have no cost of acquisition, there would be no capital gains tax. In this regard, the decision in the case of Shakti Insulated Wires Ltd. (87 ITD 56), should be noted which stated that the cost of acquisition was to be determined by pro-rating the cost of acquisition of the land. However, later there were decisions in the cases of Jethalal D. Mehta (2 SOT 422) and Om Shanti CHS Ltd. (41-B BCAJ 265) which held that since TDR and additional FSI have no cost of acquisition, there was no capital gains tax. However, in case of transfer of unutilised FSI, there would be capital gains tax.

Another issue in this case would be whether taxability would be in the hands of the society or members. In case of Auroville CHS Ltd., the Mumbai Tribunal has taken a view that the taxability should be in the hands of the members. However, at present, this issue has not been examined in detail by any court of law.

The meeting ended with the vote of thanks.

Subject : Important Practical and Legal Issues arising out of first and second appeal and relevant amendments related to appeals in DTC

Speaker : Dr. K. Shivram, Advocate

Date    : 24-11-2010

Dr. K. Shivram, Advocate, addressed the members on the subject of “Important Practical and Legal Issues arising out of first and second appeal and relevant amendments related to appeals in DTC” on November 24, 2010 at IMC. The speaker in his exhaustive style covered various issues with regard to procedures and legal concepts in relation to appeals. He discussed not only the main legal and procedural issues in relation to appeals, but also the practical issues in representation and documentation which can cause damage unless not observed diligently.

The speaker started with appeals at the first appellate stage. He covered in detail the fundamental procedural requirements of grounds of appeal and the statement of facts required for every appeal. He stressed on the importance of each document and the ramifications if irregularities crop up in the same. He also dealt with reassessment proceedings and instances where an assessee can ask for squashing of the proceedings.

The speaker ably covered significant issues including that of making a claim in the course of assessment proceedings, inclusion of additional grounds for the first time before the appellate authority, raising of the jurisdictional issue at a later point of time, production of additional evidence, etc.

In the same vein, he brought out the finer points in germane topics like who can file or sign an appeal by alerting the participants to the risk of an assessment by consent, the consultant’s limited role, etc. He briefly covered the powers of the CIT(Appeals) as also the rights available with the appellant including those with respect to stay of recovery proceedings.

For the benefit of participants, he listed out various instances in which defects in an appeal can be cured under the maxim of judicial propriety. He also gave a list of judicial precedents to support each instance.

  •     In the later part of his speech, Dr. K. Shivram elaborated on the various issues regarding appeals to the Income-tax Appellate Tribunal.

He highlighted specific points in relation to filing of appeal, service of order, etc. He detailed various rules in relation to rights of respondent, rectification of mistake, presentation of paper book, filing fees, etc.

  •     For each major issue, he provided anecdotes from his vast personal experience to drive home the point. Further, his speech was bolstered by a gamut of legal precedents which found immense favour with all participants. He also gave an insight on important aspects of the Direct Tax Code wherever relvant.
  •     At the end, he provided a detailed referencer on various guidelines and regulations. It is said that for every legal argument, the presentation of the argument is as important as the content. To that end, Dr. K. Shivram capped his exhaustive presentation by providing resources for the participants on the art of representation.
  •     The participants also got a chance to get their queries answered from the learned speaker. His enthusiasm coupled with his deep knowledge of the subject was well appreciated by all the participants.

Subject : Recent Developments in IFRS – Globally and in India

Speaker : Mr. N. P. Sarda, Chartered Accountant

Date    : 08-12-2010

Mr. N.P. Sarda, started his lecture by briefing about the journey of the formation of Accounting Standards. In 1977, India had to decide whether to adopt the International Accounting Standards in totality or to formulate its own Accounting Standards. The Accounting Standards Committee decided to formulate its own standards; accordingly Indian Accounting Standards came into existence. The Indian Accounting Standards are being followed since last three decades.

In 2007, again a debate arose whether to follow the International Financial Reporting Standards (IFRS) and adopt the same in totality or to bridge the gap between Indian Accounting Standards and IFRS by converging the standards. The decision was taken to adopt the convergence process.

The journey of IFRS was explained. Initially, there were 41 International Accounting Standards (IAS) as they were termed prior to being termed as IFRS. Out of these 41 IAS, 12 standards were withdrawn or superseded by new standards, leaving 29 IAS. Presently, there are nine IFRS and 16 interpretations on IFRS known as IFRICs. Finally there are 11 interpretations on IAS also. To sum up, at present IFRS has total of 65 documents to be referred.

To be at the level where all the accounting standards are accepted by the world at large, a country has to pass through three stages, namely:

  •     Harmonisation;
  •     Convergence; and
  •    Adoption

India, has successfully harmonised its Accounting Standards to suit the local needs of stakeholders. It has decided not to directly adopt the IFRS, but will be passing through the second stage of convergence of Indian Accounting Standards with the IFRS. In convergence, there is right to ‘carve out’ i.e. right to differ from IFRS.

Section 211 of the Companies Act, 1956 will have to deal with two categories of Financial Statements.

  •     Financial Statements prepared as per IFRS Converged Accounting Standards for the entities where the adoption of IFRS Converged Accounting Standards is mandatory; and
  •     Financial Statements prepared by other entities, where they will continue to prepare them as per the Indian Accounting Standards.

The two main challenges for convergence are:

  •     Fair Value; and
  •     Tax Implications.

The above two challenges are of a very great concern and they are considered to be major barriers to the smooth implementation of IFRS.

The ideal decision is to have the applicability of IFRS only for the Consolidated Financial Statements (CFS) and allowing individual subsidiaries and also holding company to continue to follow Indian Accounting Standards. This will mitigate the issues relating to tax, Schedule VI, Schedule XIV and other corporate compliances. In fact, listed companies of 27 countries of Europe have only CFS prepared as per IFRS.

There will have to be legislative changes to the provisions of Sections 78, 100, 205, etc, taking into consideration the treatment given under IFRS. For example:

  •     Redeemable Preference Capital which is part of Equity as per Indian AS, will have to be treated as debt as per IFRS;
  •    Fully Convertible Debentures, which till the time of conversion is treated as debt, will have to be segregated and the element of Equity will have to be shown under Equity.

There will have to be a separate Schedule VI for Financial Statements under IFRS. Even Schedule XIV will also have to be amended for IFRS compliant Financial Statements, in view of the fact that as per IFRS, depreciation on assets has to be pro-vided as per the actual useful life of the asset. The existing Schedule XIV prescribes standard rates of depreciation for various categories of fixed assets, irrespective of its useful life.

There have to be rules of the game for convergence, which are covered in IFRS 1 – First Time Adoption of IFRS.

There are five items where the effect of the changes due to adoption of IFRS is to be ignored for the past years and the effect has to be considered from the year of adoption only. It means there will not be retrospective changes required to be made to the Financial Statements in such cases.

There are 17 items, wherein an option is given to the entity to apply treatment prescribed under IFRS with effect from a particular date in past on adoption of IFRS.

Regarding the change in Accounting Policy, as per the Indian AS, the difference due to the change is taken to the current year’s profit and loss account and the impact on the profit/loss of the current year due to such change is quantified.

As per the IFRS, instead of working on the current year for the impact, the change has to be carried out in the previous year figures, which are part of the comparative figures with the current year.

Further, there is an additional statement in IFRS known as Other Comprehensive Income (OCI) Statement, which deals with the unrealised gains/ losses on fair valuing the assets and liabilities. As IFRS follows a Balance Sheet approach to the Financial Statements, it requires that all the assets and liabilities are reflected at their fair values. In view of the same, wherever there are adjustments to the assets and liabilities, which are only on account of fair valuing the same, such adjustments are taken to OCI.

A conceptual difference between IFRS and Indian GAAPs is that the IFRS follows Fair Value Accounting which is relevant in today’s context, whereas Indian GAAPs follows Historical Cost concept which is a reliable concept but may not be relevant in today’s context.

Another Conceptual difference between IFRS and Indian GAAPs is that of Substance over Form.

  •     Indian GAAP gives more importance to the legal aspect of the transaction than the beneficial aspect;
  •     IFRS believes in beneficial aspect than the legal aspect and hence judgment plays a vital role in the preparation of accounts under IFRS.

Mr. Sarda concluded by stating that the User should know from the Financial Statements what the Pre-parer of Financial Statements knows.

The learned speaker thereafter replied questions raised by audience.

The meeting terminated with a vote of thanks to the speaker.

Society News

Seminar on Direct Tax Code

The Taxation Committee of BCAS had conducted a Seminar on Direct Tax Code on 26th & 27th November, 2010 at Y. B. Chavan Pratishthan, Nariman Point. The seminar received very good response. The total enrolment was more than 450 participants which included members from the industry and from different parts of the country. The Seminar was addressed by prominent speakers namely; Mr. Pinakin Desai, Mr. Kishor Karia, Mr. Gautam Doshi, Mr. Rajan Vora, Mr. Gautam Nayak, Mr. Hitesh Gajaria. The speakers highlighted important aspects of the Direct Tax Code and gave suggestions for making proper representations to the Government on certain contentious and far reaching consequences that the DTC may have.

Accounting and Auditing Committee Careers in Internal Audit – An Exploratory Programme

The regulatory framework on one hand and the accelerated pace of the economy on the other hand has made it imperative for progressive enterprises to set up effective Internal Audit systems to aid the management and to enable the enterprise to achieve its objectives. Chartered accountants now have the opportunity to either become a part of the in-house Internal Audit team of large companies, banks, financial institutions, etc. or to join the Internal Audit practice of a professional firm.

To create awareness about the potential careers that await chartered accountants in the area of internal audit, the Accounting and Auditing Committee held a half day exploratory programme entitled “Careers in Internal Audit” on December 11, 2010 at BCAS premises.

Mr. Pradip Thanawala, Vice president, welcomed the participants and shared his thoughts on the changing role of internal audit in present times.

The panel of speakers comprised of – Ms. Neesha Samant, Mr. Nischal Shah and Mr. Shailin Desai, Chartered Accountants. Mr. Nischal Shah was part of the Corporate Internal Audit team of a large IT company prior to pursuing his MBA and thereafter joined a well-known credit rating agency. He elaborated on the advantages of starting one’s professional career with a stint in Internal Audit. Through sharing of his personal experiences, he explained that internal audit provides exposure to the key functional areas of the entity audited and thereby creates ample opportunities of cross-functional interactions.

Ms. Neesha Samant shared her experience as a senior member of the Internal Audit Department of a large group of entities engaged in Banking and Financial Services sector. She drew comparisons between working in industry as in house internal auditor vis-à-vis working in CA firm as an outsourced internal auditor. She convinced the participants that switching between CA firm and the industry is not at all difficult for those pursuing career in internal audit. She also briefed participants on the skill sets and competencies needed to pursue a career in Internal Audit and provided the list of Professional Certification courses that may be taken up by candidates interested in pursuing a career in Internal Audit.

Mr. Shailin Desai, who specialises in Internal Audit and Risk Advisory Services for the Telecom Industry, in a large accounting/consulting firm, gave altogether new insights for pursuing a career in Business & Risk Advisory services with large accounting/consulting firms. Through lucid example of a large corporate house where the Internal Audit Head was asked to take over as the acting-CEO during the absence of the latter, he drove home the organisation-wide role of the Internal Auditor. He also shared his experience of developing industry specialisation within internal audit and the edge that such specialisation creates in present times. His passionate rendering of “the Art of Internal Audit” stirred a lot of interest amongst the young participants.

The programme concluded with a question/answer session that gave the participants a chance to clarify their doubts and address their concerns. The panel of speakers was joined by Ms. Nandita Parekh & Mr. Atul Shah, Course Coordinators in the concluding session. The participants were encouraged to attend the six day Foundation Course on Internal Audit that is scheduled to be conducted by BCAS in the month of February, 2010 as well as to take up membership of BCAS Students’ Forum & Internal Audit Study Circle for ongoing learning in the area of Internal Audit.

The program received an overwhelming response with an enrolment of 78 participants – and for many young participants, it was their first introduction to the BCAS.

Society News

Dt.23/12/2010 2nd Residential Study Course on IFRS

Accounting & Auditing Committee
The second Residential Study Course on IFRS 2010 was jointly organised by BCAS with IMC. It was held at Hotel Gateway Nashik on Thursday 23rd, Friday 24th, & Saturday 25th December. The winter cold and Christmas mood set the perfect tone for the study course.

There were 82 participants (including 21 from industry) for the RSC and were divided into 3 groups.

Day 1: At the commencement of programme, the President extended welcome to the participants, Paper writers, Group Leaders and members of accounting and auditing committee. He shared the vision statement and exhorted that BCAS shall harness talent and disseminate knowledge to members, build skills and network amongst them. He also expressed that sharpening the knowledge on IFRS is the need of the hour. He complimented the accounting and auditing committee for organising this event.

Chairman Himanshu Kishnadwala, briefly gave information about IFRS and explained the course, and the structure of the current programme.

1st Technical Session:
In the first session the Paper Writer Mr. Ramesh Lakshman made an initial presentation on the topic ‘Introduction and concept of Fair Value methodologies and Applicability’.

In his presentation covering the subject Mr. Ramesh touched upon, various important concepts.

He explained that there are different approaches of determining fair value viz.

a.    Market approach, Income approach, and Cost Valuation approach. He suggested to refer to Level 1,2 & 3 of US GAAP.

b.    He explained different applicable inputs to be referred to
At Level 1 The quoted prices in active markets, At Level 2 quoted prices of similar assets (in-terest rate, yield curve prepayment Etc.) At Level 3 Inobservable inputs should be referred to e. g. He suggested to follow guidelines covered in Para AG 69 to 82 of IAS 39.

Post Lunch Group Leaders Ashutosh Pednekar, Anagha Thatte and Jayesh Gandhi discussed actual case studies on Forex and commodity derivatives.

Mr. Simarjeet from Reuters who was accompanying the paper writer in his presentation showed live data of cross currency and curves through internet connections and explained how these data can be useful for Level 2 and Level 3 assumptions. In his concluding presentation, the Paper writer Ramesh Lakshman dealt with the uncertainties and peculiaritiesattached with Fair Valuation.

On Day 2: Group Leader Paresh Clerk, Bharat Jain and Anand Paurana led the discussion paper by Sudhir Soni on IFRS 1 “First time adoption of IFRS”. The Group Leaders with their own power point presentations explained the actual accounting enteries and also covered reference para of IFRS, IFRIC and IAS.

The Group Leaders also covered the case studies on consolidation IAS 27. They explained each case studies and made an interactive presentation and shared reference points from IAS 27.

The total discussion time allotted for the above was 4 hours.

In the Post Lunch Session, the Paper writer Sudhir Soni explained the concepts and responded to the queries and posers raised by each groups.

In the evening CA Vaibhav Manek made an interesting presentation on “Leadership in Professional Service” presentation covering people, process, knowledge base, competence mapping, unique identity of professional practice firms etc. He emphasised need of networking, capacity building, amongst professional firms and grooming and mentoring Leadership.

After the presentation participants had sumptuous dinner at Pool side enjoying cold weather and music.

On Day 3: The group leaders Manish Sampat and Vijay Mehta, Gautam Shah and Hasmukh Dedia, Murtuza Vajihi and Nitesh Dedia respectively led the discussion on paper on Revenue recognition. (with focus on Infrastructure and real estate sector) written by Khozema Anajwalla and Atul Deshmukh.

Both paper writers and six group leaders emphasised that to understand standards, first the same have to be read, facts studied and then applied.

In the concluding session participants expressed their satisfaction. The Chairman complimented the convenors and the BCAS staff led by the GM for the excellent co-ordination and arrangements for the RSC.

Dt. 4/01/2011 Book Release (Service Tax)
The revised and updated edition of Service Tax Books were released on 4th January 2011 at the hands of CA. Mayur Nayak, President, CA. Pradip Thanawala, Vice President, CA. Govind Goyal, Chairman – Indirect Taxes and Allied Laws Committee and CA. Suhas Paranjpe, Convenor – Indirect Taxes and Allied Laws Committee. Four books namely, Service Tax – Basic Concepts and Procedures, Service Tax Goods Transport Agency Services, Service Tax – Business Auxiliary Services and Business Support Services and Service Tax – Construction Related Services.

BCAS Foundation Jointly with PCGT, IMC, PCaW
A talk on Whistleblowing was organised by Public Concern for Governance Trust, AntiCorruption Cell of the Indian Merchants’ Chamber (IMC) and BCAS Foundation(Bombay Chartered Accountants’ Society) at the Babubhai Chinai Committee Room,IMC on January 7, 2011.

BCAS Foundation Jointly with PCGT, IMC, PCaW : Gathering listening to the talk

Mr. Julio F. Ribeiro, Chairman, Anti Corruption Cell, welcomed the participants. He spoke about the importance of Whistleblowing. He added that the name ‘Public Concern for Governance Trust’ was taken from ‘Public Concern at Work’ (PCaW) UK.Dr. Dhananjay Samant, Chief Economist, represented IMC and was seated on the dais Mr. Narayan Varma, Trustee, PCGT, explained the concept of Whistleblowing to the participants. He also discussed the recent attacks on RTI activists in Mumbai.Ms. Sukaina Esmail, Program Director, PCGT, introduced Ms. Shonali Routray, Client Services Manager, PCaW. Ms Routray introduced the topic of Whistleblowing in the new cyber age with the Wikileaks story. She spoke about the scope and process of Whistleblower protection in the UK. She discussed the mechanism and scope of Public Interest Disclosure Act,UK and presented statistics on the cases received and the judgments made. Ms Routray discussed Indian law with respect to Whistleblowing and highlighted some of its mechanisms and the protections it offers. Mr. Yeshwant Gawand narrated his own experiences as a whistleblower. He spoke about how he was beaten up for taking on a Shiv Sena corporator over alleged encroachments and undeclared assets. Mr. Ribeiro assured him of support from PCGT. Mr. Nitin Shinghala, Joint Secretary, Bombay Chartered Accountants’ Society thanked Ms. Shonali Routray, the IMC and all the participants for attending the meeting.


Dt. 7/01/2011 Study Tour to Bangalore

Seminar Committee:
Seminar Committee of BCAS organised a Study Tour to Bangalore and Mysore from 7th January, 2011 to 9th January, 2011. 67 participants (including 16 participants from Bangalore) participated. On 7th January, participants visited General Assembly Plant of Toyota Kirloskar Motor Company and then visited campuses of Wipro and Infosys at Bangalore. The company officials at the 3 locations also made detailed presentations. Next day, the participants visited Infosys Technology’s Training Centre and Leadership Facility at Mysore, spread over 344 acres. Participants were amazed to see World Class facilities to train 10,000 trainees at a time at one location with facilities for lodging and boarding. The campus was impeccably maintained. One felt proud as an Indian that an Indian Company could create such a World Class facilities which other leading companies in the world would aspire to have. One was left wondering about the systems and processes at work behind such a large and beautiful facility working with such a clock – work like precision. This is a result of one man’s vision and dedication.

VISIBLE BENEFITS TO THE PARTICIPANTS OF VISITING GROUP OUT OF OBSERVATIONS & PRESENTATIONS AT WIPRO & INFOSYS:

  • Driven by values and highest adherence to those values, is the ultimate mantra.
  • Clarity of vision, goals and mission is paramount.
  • Skills of implementing the large projects are essentials.
  • Leaders can be groomed and trained.
  • Excellent infrastructure and energetic working environment are essentials.
  • Human capital is the most valuable asset class.
  • World class and excellent training facilities are must for sustainable and impressive growth.
  • There is no substitute for honesty, integrity, hard work and conducive environment.
  • Quality….Quality….Quality in every area and everywhere.
  • Excellent township to house employees is indispensable.
  • Grit, focused approach and passionate working make the work enjoyable, as well as successful.

The Study Tour held ended with half – day conference jointly with Karnataka State Chartered Accountants’ Association. The following presentations were made:

1.    IFRS-Traditional Issues & Implementation Challenges by CA. Vinayak Pai, Bangalore. The session was chaired by CA Krishna Swamy.

2.    International Taxation – Recent Developments by Ms. Bijal Ajinkya, Advocate, Mumbai. The session was chaired by CA Padamchand Khincha.

The study tour was organised in cooperation with the Karnataka State Chartered Accountants’ Association. BCAS appreciates efforts of CA H. Padamchand Khincha, CA Prabhu Allama, CA Ganapath Raj, Mr. Laxman and other Office Bearers of KSCAA, who played an active role in the success of the tour.

15th January 2011 Half-Day Workshop on MVAT Audit and Levy of VAT on Builders & Developers

Indirect Taxes and Allied Laws Committee:
BCAS had organised a Half-Day Workshop on MVAT Audit and Levy of VAT on Builders & Developers on 15th January 2011. The faculty for the first session on levy of VAT on Builders and Developers was CA. Rajat Talati. After touching upon the history of levy of VAT on Builders and Developers, the speaker outlined the whole scheme and the different Schemes for taxation under the MVAT Act and the issues and controversies under each scheme. The speaker indicated in a detailed manner how different dates were critical to determine the scope, extent and manner of coverage. The speaker also touched upon Practical Issues relating to the same and explained how in practical scenario even minute details can change the manner of levy.

In the concluding part, the speaker touched upon VAT implications relating to Redevelopment of societies and also guided the participants on their queries. The meeting ended with a vote of thanks to the Speaker.

The faculty for the second session on Revised Form 704 relating to VAT audit, Mr. Kiran Garkar started with a brief outline of Form 704. He then took up Annexure-wise detailed coverage of the revisions made in Form 704 beginning with Annexure J and moving on from Annexure G to I. Lastly, he touched upon the Annexure F pertaining to ratios and explained how the ratios, were in effect partly verifying the same details in different way. He also explained how the ratios had newly added the details pertaining to opening and closing inventory. There were a lot of questions relating to how the data should be input including purchases where set-off was not availed. The speaker clarified on each of them and explained how one would need to use their judgment and at the same time, clearly disclose the manner of arriving at reported figures. The meeting ended with a vote of thanks to the Speaker.

10th January 2011 Lecture Meeting by Sis. Shivani (Brahmakumari) on Unlocking the Treasures of Life

Lecture Meeting (Under the Auspices of Amita Memorial Trust, jointly with Bombay Chartered Accountants’ Society and Chamber of Tax Consultants)

Subject    : 
Unlocking the Treasures of Life
Speaker  : Brahma Kumari Shivani
Date    : January 10, 2011

Amita Memorial Trust has been created in the memory of Amita Momaya, a young Chartered Accountant and a core group member of BCAS, who passed away on January 31, 1987 at the age of 26 years. Under the auspices of Amita Memorial Trust, Bombay Chartered Accountants’ Society jointly with the Chamber of Tax Consultants, organised a spiritual talk by Brahma Kumari Shivani, on Januray 10, 2011. Shivaniji held the audience spellbound, as she explained that the ability to control one’s mind is the secret of happiness. Through a series of day-to-day incidents, she impressed upon the audience that happiness resides within all of us, and yet we try to find it outside. She compared happiness to a filled glass that we all already possess – and rather than protecting the contents of this glass, many of our reactions result in leakages and spillages from this full glass.

Brahma Kumari Shivani, eloquent speaker of the popular talk show “Awakening with Brahmakumaris” has inspired millions across the globe through her profound insights on spirituality. At this spiritual talk she once again touched many-a-souls and created a unique spiritual experience for the listeners. Her ability to combine practical situations with simple insights makes the audience convinced that spirituality and true happiness is within their reach. Her talk not only enlightened, but also empowered the audience on their inward journey.

Society News

Report on the Europe Tour of BCAS

A delegation of 21 persons comprising of members of BCAS and their families went on an educational tour to Europe from 30th May to 12th June 2011. The delegation visited six countries, namely, Switzerland, Austria, Germany, Belgium, Netherlands, and France.

The members started off from Switzerland where they visited Zurich University at which the campus of the veterinary medical college was simply awesome. It had big parks and a lake inside, with a modern library and congenial atmosphere for learning. Our delegates interacted with some students including an Indian and learnt that the Zurich University is spread over a huge area and that the campus we visited is just a small part thereof.

Thereafter, the delegation embarked on an orientation tour of Zurich which is a well planned and clean city, with large buildings of UBS, Credit Suisse and other monuments. Being a sunny day, most Europeans were found riding bicycles and/or taking sun bath by the side of a river. Post Zurich, the members travelled to Luzern and stayed at Swiss Chalet –Schloss Hotel.

On 3rd June 2011 the members visited the University at Munich, Germany, where they were warmly received by Prof. Denial and Prof. Bahwa, juniors of Prof. Dr. Moris Lehner. Members were taken for an orientation tour of the Munich University covering Convocation Hall, Class Rooms and were briefed about the historic association therewith. The University comprising different departments is spread over many buildings. One of the buildings, houses two Auditoriums – one very old and the other recent one. Members visited the class room where Late Prof. Dr. Klaus Vogel used to take lectures.Prof. Dr. Lehner exchanged pleasantries with the delegation. He has succeeded Prof. Dr. Klaus Vogel. He and his team is presently busy working on the 6th edition of the most celebrated title “Klaus Vogel on Double Taxation Conventions”. This book will be published in German Language, whereas Prof. Dr. Ekkehart Reimer (once his junior) from Heidelberg University is working on the English edition of the book. Members were touched by the hospitality extended by Dr. Lehner and his team. It was a very rewarding experience to have visited Munich University.

On Saturday 4th June 2011, the delegates visited Heidelberg University where they were warmly received by Prof. Dr. Ekkehart Reimer and his team. The University was established in 1385 and has 625 years of glorious history. The late Prof. Dr. Klaus occupied his chair at this University from 1966 to 1977 and then moved on to Munich. Prof. Reimer had organised a conference to discuss German Tax System and some of the recent rulings in the light of German Tax Treaties. He made an excellent presentation where members participated enthusiastically. The delegates were shown the “Students’ Jail” where punishment was meted out to errant students in good old days, which has now become a place for sightseeing. Members appreciated efforts and pains taken by Prof. Reimer and his team.

On Tuesday 7th June 2011, in the first half, members visited the University of Leiden which is the first University in the Netherlands, founded on 8th February 1575. The motto of the University is “Praesidium Libertatis”, Bastion of Liberty. The delegation visited the International Tax Centre situated on the banks of a canal. Leiden is beautiful city with, neat and clean streets and picturesque buildings on both sides of the canal. Mr. Michail Tegos (Mike), Program Coordinator for Adv. LLM International Tax Law extended a warm reception to the delegation. Delegation visited International Tax Centre (ITC) with class rooms, studio apartment for faculties, students’ reading room, researchers’ reading cubicles and the convocation hall. Normally, a batch comprises 40 students, mostly Europeans, and sometimes Asians including Indians. We found one student from India and one NRI student from Singapore pursuing their Masters at Leiden. The group was fortunate to meet the Director of ITC and an erudite personality, Prof. Dr. Kees Van Raad. He spent some time with the delegates and explained various courses conducted by the ITC at Leiden. He exhorted members to take advantage of these courses. Later, members visited the Law Department building beautiful library and a lecture hall. Members expressed their gratification over the visit and thanked Mike for all his efforts in making the visit memorable.From Leiden, the delegates drove to Amsterdam and visited International Bureau of Fiscal Documentation (IBFD) where the Director, Belema Obuoforibo, of the Knowledge Centre and various other officials extended a warm welcome to the delegates. Seven different presentations were made on various activities of IBFD. The entire programme was meticulously planned. First, Ms. Belema, introduced the working of the Knowledge Centre. Thereafter, Ms. Jolien Terpstra informed about the Library and Documentation Centre. Ms. Myra Flaminiano briefed about the activities of the Government Consultancy Department, whereas Mr. Ban Van Breevoort, Publisher introduced the Online Research Platform. Mr. Shee Boon Law and Ms. Leandra Juilen, both from the International Tax Academy, enlightened the delegates about the Academy’s activities and expressed a desire to organise joint programmes with BCAS. Mr. Frans Vanistendael, the Academic Chairman, talked about the various academic initiatives undertaken. The delegates then visited state of the art library on International Tax Literature. It was a proud moment to see one of the publications of the BCAS in the IBFD library.

On Thursday 9th June, 2011 at 9.30 am, the delegation of Organisation for Economic Co-operation and Development (OECD) at Paris, France. Mr. Stefaan. DEBAETS, Advisor – Transfer Pricing, had oragnised a conference on Transfer Pricing for the benefit of the delegates. Ms. Linda Aidan from the OECD Public Affairs Division. warmly received delegates. Mr. Jean de la Rochebrochard briefed members about OECD and its activities. Ms. Mayra Lucas made a presentation on the OECD Transfer Pricing Guidelines, 2010 which was very informative and instructive. She also briefed about the future work contemplated by OECD. After the presentation, the delegates visited some of the facilities at OECD. The infrastructure at OECD is amazing. As high ranking officials/ representatives visit the institution throughout the year, the security is very stringent. Meeting and Assembly halls of different capacities are in place to take care of meetings of various working groups of members countries/observers on a variety of issues from environment to governance and taxation.In conclusion, the tour was very successful, as members had an opportunity to visit some of the reputed educational institutions the world over, which has not only widened their academic horizon but would also help them in their professional pursuit. Young members were fascinated by the courses offered by various institutions and got a valuable input for their career planning. Seniors had an occasion to interact with faculty to understand the subjects from different perspectives. The kind of respect and reception our members received from each of these seats of learning was simply unparalleled. Delegates realised that the BCAS is known and respected overseas everywhere.

A set of reading material received from various Institutions/Universities is available in the BCAS library for the benefit of its membership.

BCAS acknowledges with thanks the efforts put in by S/s Roy Rohatgi, T.P. Ostwal and Dhaval Sanghavi in facilitating above visits.

Society News

Recent Important Judgements in Service Tax
Mr. V Sridharan, Advocate, and Founder Partner of Lakhsmikumaran and Sridharan addressed the members on the subject of ‘Recent Important Judgements in Service Tax’ on 19th January 2011 at the IMC. The speaker in his interactive style covered various issues with regard to the constitutionality of various provisions enacted under the service tax law. The highlight of the lecture was the support the speaker drew from various precedents under Indian and foreign cases to explain the fundamentals regarding the constitutionality of levy of service tax.
At the outset, the speaker dissected in detail the provisions relating to levy of service tax on under construction flats and analysed the niceties of the decision of the Punjab & Haryana High Court upholding the constitutional validity of the same. Thereafter, he analysed the provisions regarding the retrospective validation of the amendment regarding the renting of commercial properties. He also dealt with the complex issue of overlapping jurisdictions of taxation in case of financial leases.

Before the end of the seminar, participants also got a chance to get their queries answered from the learned speaker. His enthusiasm coupled with his deep knowledge of the subject was well appreciated by the participants.

Government’s Initiatives on Electronic Credit for Income-tax Payments

Meeting was addressed by two senior executives from NSDL, along with Ms. Delnaz Mistry, Manager NSDL on Government’s Initiatives on Electronic Credit for Income Tax payments on 31st January 2011. They touched upon subjects of TDS, Quarterly statements, issues relating to mis-mactch, and allotments of Permanent Account Number. They also dealt with procedure for obtaining PAN by non residents.

The Power Point presentation covered various practical issues dealing with TIN, E-payments, Challan Status Enquiry, key points for preparation and submission of E-TDS statements, Quarterly Statement Status, Refund Status, Registration for viewing of Form 26AS and benefits of Form 26 AS.

Speaker brought out the common errors/ inconsistencies and gave practical suggestions to overcome the same. She also informed of new initiatives planned that are likely to be introduced in near future. The participants raised their queries and pointed out difficulties faced by them was and shared their experience. The meeting was highly interactive. NSDL officials promised all the help to members to sort out their difficulties.

Nani Palkhiwala Memorial Lecture

The Eighth Nani A. Palkhivala Memorial Lecture was held on 7th February 2011 at the Tata Theatre, NCPA, Nariman Point, Mumbai 400 021 on ‘The Emerging Scenario in Education’ and was delivered by Mr. Kapil Sibal, Minister for Human Resource Development, Science & Technology & Earth Sciences, Communications & Information Technology, Govt. of India.

In the beginning the Sixth Nani A Palkhivala Civil Liberties Award was presented to Chaman Lal for the protection and preservation of civil liberties. The Award was presented by Mrs. Justice Sujata Manohar (Retd.).

Mr. Kapil Sibal presented the Vision 2020 of the Government of India in the field of education. He informed that the Government was committed to improve the education scenario in India. Enactment of the Right to Education Act was the first step in that direction. He emphasised the need for improving the ratio of school and college going children. By the end of the next decade India would need about 40,000 more colleges and about 1000 new universities. He also informed about the plan to connect colleges and universities through optical fiber which would enable students to learn online from any place and from any College/University.

He reiterated his Government commitment to reduce stress and tension associated with the present education system and assured steps to introduce comprehensive and continuous evaluation system.

He expressed hope and trust in Indian youth and promised them better tomorrow.

Standard Chartered Mumbai Marathon, 2011

Standard Chartered Mumbai Marathon, 2011, was held on 16th January, 2011. Bombay Chartered Accountants’ Society supported the cause of education by registering as an NGO for the Marathon. Over 50 members participated from the Society and ran for the cause. The enthusiasm of the members was visible as they all supported the cause in good number irrespective of their age. Members not only supported for the DREAM RUN which was for 6 Km but also the HALF MARATHON of 21 Km & FULL MARATHON of 42Km.
Accounting & Auditing Committee

February 2011 was celebrated as the Internal Audit Month at BCAS. The month started with the launch of the seventh six days Internal Audit Studies Foundation Course at Hotel Parle International from 7th February 7, 2011 to 12th February, 2011.

The course received an overwhelming response with a full house with more than 50 participants from various locations including Delhi, Chennai, Pune, Nasik, Ahmedabad, Vadodara and Rajkot.

The course commenced with the Chairman Mr Himanshu Kishnadwala, and Mr Mayur Nayak giving their opening remarks. The course was inaugurated by Smita Gune, a pioneer in the field of Internal Audit, with over 23 years of experience behind her. She spoke about the various opportunities and challenges that face the Internal Audit Profession and also shared with the participants various ways in which such challenges could be addressed. She also lucidly shared vignettes from her exciting journey.

Over the six days, participants were treated to a well-designed course which included:

  •     Internal Audit Overview.
  •     Positioning of Internal Audit in the Corporate framework.
  •     Evolution of Internal Audit, with specific reference to the Indian environment, regulatory framework facilitating Internal Audit.
  •     Preface to Standards on Internal Audit and relevant SIAs.
  •     Internal Audit Objective – Internal Controls,
  • Compliances, Resource optimisation, Ethics and Governance.
  •     Internal Audit Process – planning (audit charter, audit plan, scope determination, scope review), resource mobilisation & pre-preparation.
  •     Internal Controls – the heart of Internal Audit, with Case studies.
  •     Basics of Risk Management and Risk Assessment.
  •     Situation analysis – Probing skills.
  •     Internal Audit – How to make an impact.
  •     Internal Audit Process – execution: field work and working papers.
  •     Report Writing.
  •     Internal Audit – Case Studies.
  •     Internal Audit in IT environment – orientation (i.e., specific focus on the need to understand, appreciate and utilise the IT environment of the auditee for effective Internal Audit), practical examples in Tally, ERP, web-based system.
  •     Internal Audit – Bag it, Sell it, Present it.
  •     Use of CAATS (for Internal Audit evidence collection).
  •     Building an Internal Audit Team.
  •     Presentation skills and
  •     Data Mining & Analytics for Internal Audit.

The faculty, drawn from both the industry and profession, included Ms. Nandita Parekh, Mr. Bhargav Vatsaraj, Mr. Himanshu Vasa, Mr. Deepjee Singhal, Mr. Jairam Rajshekhar, Mr. Nikunj Shah, Mr. Shailin Desai, Mr. Ravindra Rao, Mr. Kunal Pande, Mr. Atul Shah and Ms. Preeti Cherian.

As part of the concluding session, the participants expressed their deep sense of gratitude to the Society for having conducted such a course which will enable them to provide quality service to their clients. The course concluded with remarks by Past President Mrs Narayan Varma who also distributed certificates to all the participants.

Human Resources Committee:

The Human Resources Committee of BCAS under the auspices of Amita Memorial Trust organised a workshop for its members and students on ‘Effective Communication and Public Speaking’. This workshop was held over three days in February 2011 at the Society’s premises.
Veteran HR trainers Mr. Murli Mehta & Mr. Vivek Patki were the faculty and the workshop had 32 participants. Initially, the basic process and the fundamentals of effective communication were dealt with. Participants were educated about important tools and practical tips on how to succeed in public speaking were imparted. The workshop was specifically designed for members and students keeping in mind some of the most difficult communication issues students and members face while interacting with other people. The motivators also conducted useful exercises on confidence building when speaking in public, ability to overcome anxiety and nervousness when preparing for public and techniques to enhance personal public speaking styles were explained.

The workshop provided personal attention to each participant with constructive and effective feedback along with performance appraisal. This was an excellent opportunity to practice and assess the strengths and ability to use and control ones voice more effectively. The participants were made aware of use of non-verbal signals and physical appearance while speaking.

All the participants were happy with the workshop and the feedback received from them was very encouraging.

After two days of practice the participants were given assignment to prepare and make a five minutes speech on the concluding day. The topics were contemporary and marks were allotted for all the important aspects like opening of a speech, body language, eye contact, gestures, content, overall impact, timing and conclusion. Three judges were called to judge and give their feedback. Six useful management books were distributed to the first three winners and three consolation winners. President Mayur Nayak, Vice President Pradip Thanawala, Past Presidents Pradeep Shah and Rajesh Muni and Managing Committee member Manish Sampat were present at the inauguration and concluding of this workshop. The judges who graced the occasion were Mr. Nitin Shingala, Mr. Mukesh Trivedi & Mr. Kinjal Shah.

ICAI And Its Members

ICAI & Its Members

1. Disciplinary case :


In the case of U.V. Bendikar v. C.A. N. G. Kulkarni
the articled clerk of the member lodged a complaint against the member. In this
complaint, it was alleged that the member did not give his consent for transfer
of articleship as requested for by the complainant. It was also alleged that the
member had not paid stipend to the articled clerk and that the articled clerks
were asked to work for more than 35 hours in a week and that they were asked to
work on all public holidays and also on Sundays.

The Disciplinary Committee as also the Council of ICAI found
the member guilty of professional misconduct under clause (i) of Part II of the
second schedule of the C.A. Act. According to the Council, the member was guilty
of non-compliance with Regulations 32 B (Non-payment of monthly stipend) and 45
(Excess working hours). The Council recommended to the High Court to award
punishment of ‘Reprimand’ to the member.

The Bombay High Court has accepted the above recommendation
of the Council. According to the High Court, under Regulation 32B, a member is
required to pay stipend to the articled clerk on a month-to-month basis and the
member has no option to make payment in lump sum at any time. The High Court has
also accepted that the member’s office was open from 9.30 a.m. to 8.30 p.m. on
all 365 days and articled clerks were required to attend the office work even on
Sundays and public holidays. Thus, the articled clerks were asked to work for
more than 35 hours in a week.

(Refer Pages 1744-1746 of C.A. Journal-April, 2008)

2. Disclosure of Internal Consumption in the Profit & Loss Account :


The Expert Advisory Committee (EAC) has recently given an
opinion on the above issue (C.A. Journal April, 2008 P. 1686-1691) as under :

(i) The company owns and operates (i) gas pipeline of natural
gas, (ii) gas-based LPG manufacturing plants in different parts of the country,
(iii) an integrated gas-based petrochemical plant for producing polymers, and
(iv) LPG pipelines for transmission of LPG. The company has a number of
accounting units which record and maintain the accounts for the respective
business activities carried out by them.

(ii) There are inter-unit transfers of materials manufactured
in the respective units. Each unit records raw materials, fuel, etc. received
from the other unit and debits the price to ‘Raw Materials’ A/c. and/or ‘Power,
Fuel and Water Charge’ A/c. The unit transferring the material credits the
amount to ‘Other Income’ A/c. In the final consolidated Profit & Loss A/c. of
the company, these items appear on the debit side as expense and on the credit
side as other income.

(iii) The auditors objected to the above and observed that
disclosure of internal consumption in Profit & Loss account under the head
‘Income’ on the credit side and ‘consumption’ on the debit side was not proper.

(iv) The following two questions have been considered by EAC :

(a) Whether the disclosure of internal consumption of gas
separately from ‘Sales’ on the ‘Income’ side of the Profit & Loss account with
corresponding debit to ‘Raw Material Consumed’ and ‘Power, Fuel and Water
Charges’ on the ‘Expenses’ side of the Profit & Loss account by the company is
correct and in compliance with AS-9.

(b) In case the answer to (a) above is in the negative, an
appropriate method of accounting and disclosure to be followed by the company
for such internal consumption of gas, which will comply with the requirements
of AS-9, AS-17 and clause 2 of Part II of Schedule VI to the Companies Act,
1956, may kindly be suggested.

(v) EAC has given the following opinion :

(a) The disclosure of consumption of gas separately from
‘Sales’ on the ‘Income’ side of the Profit & Loss account with corresponding
debit to ‘Raw Material consumed’ and ‘Power’, Fuel and Water Charges’ on the
‘Expense’ side of the Profit & Loss account by the company is not correct even
though it is not shown as ‘revenue’ within the meaning of AS-9.

(b) The Committee is of the view that intersegment transfer
entries should be ignored while generating the financial statements of the
enterprise as a whole, even though these have to be considered for segment
reporting purpose under AS-17. This will ensure that there is no double
booking of the consumption and at the same time statistical information
required to be disclosed under Part II of Schedule VI to the Companies Act,
1956 would be available without including any profit element. For this
purpose, depending upon the basis of inter-segment pricing, some adjustments
may be needed, so that apart from quantitative information, financial value of
information disclosed is proper. In this regard, ‘Statement’ gives detailed
guidance. In other words, the Committee is of the view that merely for the
purposes of AS-17, it is not appropriate to bring various elements of
inter-segment transfers as a whole. Segment reporting can be done on the basis
of the information otherwise available with the company.


3. CPE credit requirement for Members :


In March, 2008 issue of BCA Journal (Page 710), it was
reported that members, unless exempted, may undergo unstructured programmes of
learning for specified period in each rolling three-year period. For members in
practice, this period is 30 CPE credit hours and for others it is 15 CPE credit
hours over a period of 3 years.

The following is the indicative list of unstructured CPE
activities :

  • Web-based learning modules

  • Self-learning modules and courses (use of audiotapes, videotapes, correspondence courses, computer-based learning programmes)

  • Reading and individual home study

  • Group or bilateral discussion  on technical issues

  • Acting as visiting faculty or guest faculty at the various universities/management institutions/ institutions of national importance

  • Participation in CPE teleconferencing programmes without the supervision of the POD

  • Providing solutions to questionnaires/puzzles available on web/professional journals

  • Internal training programmes being organised by firms of Chartered Accountants with seven or more partners.

 
It is reported that a self-declaration given by a member about participation in such activities each year will be accepted by ICAI for giving CPE credit. It appears that in ‘Group or bilateral discussion on technical issues’ attendance in seminars, work-shops, study circle meetings, etc. organised by any professional association, society or other similar body will be recognised for unstructured programmes.   

4. ICAI News:

(Note: Page Nos. given below are from CA. Journal for April, 2008)

i. Annual  Membership  Fees:

As reported earlier, the Annual Membership Fees payable by members to ICAI have been revised as under w.e.f. 1-4-2008.

(Pages 1629, 1779-1781)

ii. Quality  Review  Board:

The Central Government has constituted the Quality Review Board under Chapter VII (a) of the C.A. Act consisting of following members:

(a) Shri K. N. Memani  –  Chairman
(b) Shri A. K. Awasthi,
(c) Shri P. S. Sharma,
(d) Shri Dr. B. C. Jain,
(e)Shri Dushyant  Tyagi,
(f)Shri R. Vasudevan,
(g)Shri Ved Jain,
(h)Shri Jayant  Gokhale,
(i)Shri Manoj Fadnis,
(j) Shri K. P. Khandelwal,    and
(k) Shri G. Ramaswamy.   
(Page 1789)   

(iii) ICAI    publications:

The following new publications are issued by ICAI :

a) Compendium   of Opinions,  Vol. XXV

b)Insurance  Broking

C) Canadian Advantage (A Research Study on Canadian Business Opportunities).

ICAI And Its Members

ICAI & Its Members

1. Disciplinary cases :


In the case of Shri A. R. Chitlangi v. Shri P. L. Tapdiya,
the Articled Clerk (A.R. Chitlangi) had filed a complaint against the member
Shri P. L. Tapdiya alleging that the member did not pay stipend to him during
the period of his articles. The defence of the member was that the articled
clerk used to remain absent from his duties frequently without informing the
office, he was undisciplined and had irregular behaviour. The matter was
referred to the disciplinary committee. In the meantime, the member paid the
stipend due to the articled clerk and also issued Form 20, certifying the period
during which the articled clerk served his articles with him. In this Form there
was no mention about the irregularity or indiscipline of the articled clerk. The
only remark which the member had made was that the performance of articled clerk
was not satisfactory.

The Disciplinary Committee held the member guilty on the
ground that the member did not pay the stipend to the articled clerk and this
contravened Regulation 32 B of C.A. Regulations, 1964. The Council accepted this
finding and recommended to the High Court to award punishment of reprimand to
the member.

The Bombay High Court has not accepted the defence of the
member and held that in the facts of this case, the member was guilty of
contravention of Regulation 32 B for non-payment of stipend to the articled
clerk. The High Court has accepted the recommendation of the Council and
reprimanded the member.

(For details please refer P. 1890 of C.A. Journal for May,
2008).

2. Working hours of Articled Assistants :


Some doubts were raised about the working hours of Articled
Assistants. The Council believes that article training is an important part of
the C.A. curriculum and the same needs to be carried out in accordance with the
scheme framed by ICAI. Therefore, the following clarifications are issued by
ICAI :

(i) The working hours for the articled assistants shall be
35 hours in a week excluding the lunch break.

(ii) The office hours of the Principal for providing
article training to the articled assistants shall not be generally before 9.00
a.m. or after 7.00 p.m.

(iii) The normal working hours for the articled assistants
shall not start after 11.00 a.m. or end before 5.00 p.m.

(iv) The working hours for the articled assistants should
not exceed 35 hours in a week excluding the lunch break and normally an
articled assistant should be required to work during the normal working hours
fixed for articled assistants.

(v) In case of the exigencies of work with the Principal,
an articled assistant may be required to work beyond his/her normal working
hours. However, under such circumstances, the aggregate number of working
hours shall not exceed 45 hours per week. The requirement to work beyond 35
hours in a week should not be a practice, but be applicable only in
exceptional circumstances. Further, where the articled assistant is required
to work beyond normal working hours, and aggregate of such hours exceeds 35
hours per week, he/she shall be entitled to compensatory leave calculated with
reference to number of completed working hours, over and above, 35 hours per
week.

(vi) The facility of allowing flexible office hours stands
withdrawn.

(vii) To ensure that the working hours do not clash with
the graduation or any other course, if any pursued by the article assistant,
each articled assistant registered on or after 1st April 2008 shall now be
required to obtain specific permission from the ICAI for pursuing graduation
or other course as permitted under the Chartered Accountants Regulation by
submitting Form No.112, within one month from the date of joining the college
or course to the ICAI.

(viii) The articled assistant presently registered and
undergoing graduation or any other course and who has not obtained specific
permission shall be required to obtain the specific permission from the ICAI
by submitting Form No. 112 within six months of issue of these guidelines
i.e.,
by 30th September 2008.


(ix) The Certificate in Form No.112 indicating college
timings, etc. shall be countersigned by the concerned Principal of the college
with the seal and stamp of the College and also indicating the telephone
number/s and full address of the College.

(x) In case a student does not comply with the above
requirements or violates any of the above guidelines, his/her articleship
period shall not be recognised.


(For details
refer to p. 1940 – 1941 of C.A. Journal for May, 2008)


3. Accounting technicians :


ICAI on 3rd April, 2008, announced to launch a course for
Accounting Technicians from 22nd April for undergraduate students. This is a new
course which ICAI wants to introduce in our country. Brief details about the
need for Accounting Technicians in our country are stated in the President’s
Message at Page 1806 of C.A. Journal for May, 2008 as under :


“The multi-faceted growth of Indian economy has resulted in huge demand for second-tier accounting personnel for large as well as small and medium enterprises. For long, a need was being felt for persons with accounting and related skills commensurate with the requirements at the operational level. Responding to this ever-increasing demand in industry as well as in the services sector, the Council has decided to launch ‘Accounting Technicians Course’. These accounting technicians will not only fill gaps at the operational level as accountants but will also ensure that the value chain in the accounting process does not suffer. With closer integration of agriculture and informal sectors with the mainstream economy, the demand for such professionals is expected to go up every year. I believe that this step will provide a much needed service and further boost our image as a premier accounting Institute in the country. As per the proposal, a step-up approach is being adopted whereby a student having qualified the Accounting Technicians Course will be eligible to enrol for the CA Course. At the same time, a student who has enrolled for a CA course but who for one reason or the other is not able to complete the CA Course will have the option to become an accounting technician. Further, all those students who have passed Intermediate or FE-II Examination of the Institute at any time in the past and have completed articled training shall also be eligible for Accounting Technician Certificate.”

4. ICAI News:
(Note: Page Nos. given below are from CA. Journal for May, 2008)

i) Auditing  Standard:

Exposure draft on Revised Standard on Auditing (SA) 260 on ‘Communication with those charged with Governance’ is published for comments by members by 15-6-2008. Similarly, Explanatory Memorandum to this Exposure draft is also published (Pages 1959-1975).

ii) Clause 49 of Listing  Agreement:

SEBI has issued a Circular on 8-4-2008 making some modifications in clause 49 of the Listing Agreements. This Circular clarifies that 50% of the Directors on the Board of Directors of a listed company should be independent directors if the non-executive chairman of the Board is a promotor or related to the promotors or persons occupying management positions. At present, if the chairman is a non executive director, the requirement is that only 1/3rd of the Board should consist of independent directors. SEBI has also stated that the minimum age of an independent director should be 21 years (Page 1952).

iii) Perspective  Planning  Committee:

ICAI has appointed the above committee which will identify the areas of concern by flagging issues which affect the profession. The committee hag invited the views of the members. (Page 1948).

iv) New Branches  of ICAI :

Following new Branches have been established w.e.f 27-3-2008 :

a) Amravati  Branch  of WIRC
b) Pimpri Chinchwad Brach of WIRC (Refer page 1946)

v) Delivery  of Journal at Residential  Address:

Presently the monthly journal of the Institute is delivered only at the professional address registered with the Institute. However, with a view to ensuring timely delivery of the journal to members and to enable them to read it at their convenience, ICAI has decided to give an option to the members to get their copy of journal at the residential address, if they so desire. All those members who are desirous of getting the journal at the residential address may send  a request  in writing  (page  1807).

ICAI And Its Members

ICAI & Its Members

1. Disciplinary
case :


ICAI v.
Shri B. R. Kurhade (C.A. Journal, June 2008, Page 2016)


In the above case, the Jt. Director of Industries, Mumbai,
filed a complaint against the member alleging that the member had certified
information of past consumption, production, etc. in respect of import
applications made by 12 SSI units located in Ahmednagar district. It was found,
on subsequent investigation, that these certificates given by the member were
wrong. It was also found that some of the SSI units were not working regularly
or had not maintained required consumption, etc. records or did not require or
could not use the raw material applied for in their manufacturing process.

The Council found the member guilty of professional
misconduct under clauses (7) and (8) of Part I of the Second Schedule of the
C.A. Act and recommended to the High Court to remove the name of the member for
2 years. The Bombay High Court accepted this finding, but reduced the punishment
for removal of name of the member to 3 months.

2. Capitalisation of exchange loss :


The Expert Advisory Committee (EAC) of ICAI has considered
the above issue on pages 2002–2004 of C.A. Journal of June, 2008.

(i) The facts in this case are as under :

The company entered into an agreement for foreign currency
loan in respect of its expansion projects. As on 31-3-2007, there was a
reduction in exchange rate of Euro. As a result of this the liability for the
foreign loan is reduced. The question for consideration was as to whether the
exchange rate variations on the foreign exchange currency loan taken for the
expansion project, during the period of construction, should be capitalised or
abated.

(ii) EAC has given the following opinion :

The foreign exchange loss on foreign currency loan can be
capitalised only to the extent mentioned in para 4(e) of AS-16 (Borrowing
Costs). Any excess exchange loss should be treated as revenue loss. The exchange
gain with respect to the qualifying asset under AS-16 can be adjusted against
the cost of the asset only to the extent mentioned in para 4(e) of AS-16. The
exchange gain in excess of this amount should be credited to Profit & Loss A/c.

3. Advertisement by practising CAs :


The Council of ICAI has framed guidelines allowing practising
CAs and their firms to advertise their services through a write-up issued,
circulated or published through print or electronic media. These guidelines have
been hosted on the website of the Institute. Brief outline of these guidelines
is as under.

(1) The member(s)/firm(s) should ensure that the contents of
the write-up are true to the best of their knowledge and belief and are in
conformity with these guidelines and be aware that the ICAI does not own any
responsibility whatsoever for such contents or claims by the writer member(s)/firm(s).

(2) The word ‘write-up’ is defined to mean the writing of
particulars according to the information given in the guidelines setting out
services rendered by the members or firms and any writing or display of the
particulars of the member(s) in practice or of firm(s) issued, circulated or
published by way of print or electronic media or otherwise including in
newspapers, journals, magazines and websites (in Push as well in Pull mode) in
accordance with the guidelines.

(3) The write-up may include only the following information :

(A)
For members






(i) Name . . . . . . . . . . . . . . .Chartered
Accountant,

(ii) Membership No. with Institute,

(iii) Age,

(iv) Date of becoming ACA,

(v) Date of becoming FCA,

(vi) Date from which COP held,

(vii) Recognised qualifications,

(viii) Languages known,

(ix) Telephone/Mobile/Fax No.,

(x) Professional address,

(xi) Web,

(xii) E-Mail,

(xiii) CA logo,

(xiv) Passport size photograph,

(xv) Details of employees (Nos. —)

(a) Chartered Accountants,

(b) Other professionals,

(c) Articles/Audit assistants,

(d) Other employees —

(xvi) Names of the employees and their particulars on the
lines allowed for a member as stated above, and

(xvii) Services provided —

(a) ,

(b) ,

(c) [Note : Item (ii) is mandatory]





(B)
For firms



(i) Name of the firm . . . . chartered accountants,

(ii) Firm Registration No. with Institute,

(iii) Year of establishment,

(iv) Professional address(s),

(v) Working hours,

(vi) Tel. No.(s)/Mobile No./Fax No(s),

(vii) Web address,

(viii) E-Mail,

(ix) No. of partners,

(x) Name of the proprietor/partners and their particulars on the lines allowed for a member as stated above including passport-size photograph,

(xi) CA logo,

(xii) Details of employees (Nos. —)

(a) Chartered Accountants,
(b) Other professionals,
(c) Articles/Audit assistants,
(d) Other employees
(xiii) Names of the employees of the firm and their particulars on the lines allowed for a member as stated above, and

(xiv) Services provided:
(a)
(b)
(c)………… [Note: Item (ii) is mandatory]

(4) Other conditions relating to the write-up:
(i) It should not be false or misleading and bring the profession into disrepute.
(ii) It should not claim superiority over other member(s)/firm(s).
(iii) It should not be indecent, sensational or otherwise of such nature which may likely to bring the profession into disrepute.
(iv) It should not contain testimonials or endorsements concerning member(s).
(v) It should not contain any other representation(s) that may likely to cause a person to misunderstand and/or to be deceived.
(vi) It should not violate the provisions of the CA Act and Rules made thereunder and CA Regulations.
(vii) It should not include the names of the clients (both past and present).
(viii) It should not be of font size exceeding 14.
(ix) It should not contain any information other than stated in Para (3) hereinabove.
(x) It should not contain any information about achievements/ award or any other position held. A.

4. Prospects for members in industry :

ICAI had organised Campus Placement Programme for members during February-April, 2008 at 16 centres in India. Out of members who qualified in November, 2007 examination, 3781 candidates (preceding programme: 1823 candidates) participated in this programme. 243 Interview Boards representing 109 organisations interviewed the candidates at 16 centres. More than 1250 candidates were selected for jobs in various industries. Maximum salary offered to 4 candidates was Rs.16.17 lacs P.A. for international posting. For Indian posting maximum salary offered to 5 candidates was Rs.12 lacs P.A. The following are the figures for salary range. (Refer pages 2084-2086 of C.A. Journal for June, 2008).

5. Amendment to CA. Regulations 1988 :
Notification dated 5-5-2008 giving draft of the amendments to C.A. Regulations has been published on pages 2069-2073 of CA. Journal, June, 2008. Broadly stated the draft regulations provide for the following:
(i) Amount payable for obtaining copies of list of members.

(ii) Revision in fees payable for restoration of membership, restoration of COP, filing complaints against members, etc.

(iii) Permitting members to enter into partnership or arrangement for sharing fees with members of (a) Institute of Company Secretaries of India, (b) Institute of Cost and Works Accountants of India, (c) Bar Council of India, (d) Indian Institute of Architects, (e) Institute of Actuaries of India, and (f) Engineer, Technician, MBA, etc. from recognised universities.

(iv) Functions of Executive Committee of ICAL

(v) Functions of Finance Committee of ICAL

6. ICAI News:
(Note: Page Nos. given below are from CA. Journal for June, 2008)

(i) Unstructured CPE Learning Activities:
In May, 2008, issue of BCA Journal (Page 224) details about CPE credit requirement for ICAI members are given. The indicative list of unstructured CPE activities is also given. Now, details of unstructured CPE Learning Activities have been published on pages 2005-2006 of C.A. Journal of June, 2008.

(ii) Observations during conduct of Peer Review:

Observations of reviewers during conduct of Peer Review on Compliance with AAS-6, AAS-7, AAS-8, AAS-ll and AAS-14 to improve audit quality have been published (Page 2058).

(iii) Audit and Assurance Standard Board (AAS Board)
Recent developments relating to AAS are explained by ICAI at pages 2060-2065.

(iv) ICAI Publications:

The following publications are released by ICAI :
(a) What is an Audit – Understanding an Audit of Financial Statements.
(b) Practitioners’ Guide to Audit of Small Industries.
(c) Background Material on Auditing and Assurance Standards
(d) Implementation Guide to SQC-1
(For details refer to page 2066 and 2076)

(v) ICAI Vision – 2021 :
ICAI has appointed a Special Purpose Committee for bringing out a vision – 2021 document. The questionnaires for members in practice and in industry are published on pages 2094-2017. Members may send their responses to ICAL

(vi) Accounting Standards for Local Bodies (ASLB) :

The following exposure drafts are issued for comments by members:
(a) Revenue from Exchange Transactions (Pages 2108-2120)
(b) Borrowing Costs (Pages 2121-2127)

(vii) Auditing Standards (Revised Standard (SA) 600) :

Exposure draft of Revised Standard on Special Considerations – Audits of Group Financial Statements (including the work of component auditors) and Explanatory Memorandum to the above standard has been issued by AASB (pages 2128-2155).

(viii) Revival of Membership of CA :

With a view to encourage those CAs who have ceased to be members of the Institute for some reason or the other, a new scheme has been formulated by ICAL They will be able to revive their membership on payment of specified fees. This scheme is hosted on the Institute’s website (Page 1986).

(ix) PE-II Examination to continue till May, 2009 :

ICAI has decided to continue PE-II examination till May, 2009. Therefore, students who have not been able to pass in May, 2008 PE-II examination will get two more attempts in November, 2008 and May, 2009. Thereafter, they will have to shift to new PCC examination (Page 1987).

(x) New Chapter in New York:
ICAI has set up a new Chapter in New York. This is the 20th Chapter of the Institute outside India (Page 1989)

ICAI And Its Members

ICAI & Its Members

I. CPE programme exemption to senior citizens withdrawn :


1. ICAI has introduced the Continuing Professional Education
(CPE) Scheme under which members are required to attend certain CPE programmes
for specified number of hours. Under this Scheme, exemption was given to members
who have attained the age of 60 years. It is surprising that when our Institute
is entering the 60th year and we are celebrating the Diamond Jubilee year, this
exemption has been withdrawn with effect from 15th May, 2008. One may ask
whether this is a gift to our members who are senior citizens. Notification to
this effect has been published in C.A. Journal for July, 2008 on page 200.

2. CPE learning programms are divided into two parts viz.
structured and unstructured learning as under :

(i) Structured Learning :


(a) Attendance at conferences, seminars and symposia
organised by ICAI, its branches, regional councils, study circles and other
institutions or organisations approved by CPE Committee of ICAI.

(b) Presentation of papers, delivering lectures, acting as
faculty at such conferences, seminars, etc.

(c) Contributing articles in ICAI Journal.

(d) Undertaking technical research under the aegis of ICAI.

(e) Such other activities as may be prescribed by CPE
Committee of ICAI.

(ii) Unstructured learning :


(a) Web-based learning modules.

(b) Self-learning modules and courses (use of audio-tapes,
video-tapes, correspondence courses, computer-based learning programmes).

(c) Reading and individual home study (Reading and
individual home study may constitute reading articles in the C.A. Journal,
reading technical, professional, financial or business literature).

(d) Group or bilateral discussion on technical issues.

(e) Acting as visiting faculty or guest faculty at various
universities, management institutions or institutions of national importance.

(f) Participation in CPE teleconferencing programmes
without the supervision of the Programme Organising Unit (POU).

(g) Providing solutions to questionnaires, puzzles
available on web or professional journals.

(h) Internal training programme being organised by firms of
Chartered Accountants having seven or more partners.

Details of the above learning programmes can be obtained from
pronouncements on Continuing Professional Education Publication of ICAI as well
as from CPE portal (www.cpeicai.org) and ICAI website (www.icai.org).

3. Members residing in India, who are below 60 years of age
and who hold Certificate of Practice, (unless they are exempted) are required
to :

(i) Complete at least 90 CPE Credit hours in each rolling
3-year period (2008-2010). Out of this 60 CPE credit hours should be of
structured learning.

(ii) For the above purpose such member will have to
complete minimum of 20 CPE Credit hours of structured learning in each year.

From the above it will be noticed that structured learning is
mandatory for such member for 60 CPE Credit hours. He will have the option to
devote balance 30 CPE Credit hours in unstructured learning.

4. Members residing in India, who are below 60 years of age
and who do not hold Certificate of Practice as well as all members residing
abroad (whether holding Certificate of Practice or not), unless exempted, are
required to

(i) Complete at least 45 CPE Credit hours of structured or
unstructured learning in each rolling 3-year period (2008-2010).

(ii) For the above purpose, such member will have to
complete minimum of 10 CPE Credit hours of structured or unstructured learning
in each year.


From the above it will be noted that structured learning is
not mandatory for such members. They can take up unstructured learning for the
entire period of 45 CPE Credit hours.

5. As stated earlier, members who have attained 60 years of
age (Senior citizens) were exempt from complying with this requirement. However,
the Council of ICAI has now withdrawn this exemption w.e.f. 15-5-2008. Since 4½
months have passed in the current year, the total period of CPE Credit hours
required to be completed in the rolling period of 3 years (2008-2010) has been
reduced to (i) 70 in the case of such members residing in India and holding
Certificate of Practice and to (ii) 35 in cases of members residing abroad
(whether holding certificate of practice or not) and other members residing in
India and not holding certificate of practice. It may be noted that all such
Senior Citizens will have an option to undertake structured or unstructured
learning. In other words, structured learning is not mandatory for them and they
can select unstructured learning for the entire period of CPE Credit hours.

6. Notification published on page 200 of CA Journal for July
2008 states that Senior Citizen Members (unless exempted) have to complete CPE
Credit hours of structured or unstructured learning as under :

(i) Senior citizen members residing in India and holding
Certificate of Practice — 70 CPE Credit hours in the rolling 3-year period
(2008-2010). Out of this minimum of 10 CPE hours should be in 2008 and minimum
of 20 CPE hours should be in 2009 and 2010 each, respectively.

(ii) Senior citizen members residing in India and not
holding Certificate of Practice and those residing abroad (whether holding
certificate of practice or not) — 35 CPE Credit hours in the rolling 3-year
period (2008-2010). Out of this, minimum of 5 CPE Credit hours should be in
2008 and minimum of 10 CPE Credit hours should be in 2009 and 2010 each,
respectively.


7. It may be noted that under the CPE Scheme, exemption from
the above requirements is available to the following members :


(i) A member, for the year during which he gets his membership for the first time.

(ii) A member or class of members to whom the CPE Committee or its sub-committee may, in their absolute discretion, grant full/partial exemption either specific/general, on account of facts and circumstances of the case which in their opinion prevent such member from compliance with the requirements of completing CPE credit hours

 8. CPE Scheme provides for detailed procedure for keeping records by the Institute about attendance of members who attend structured learning programmes of the Institute and other eligible entities. This enables ICAI to issue certificates for CPE Credit hours completed by the members in every calendar year.

9. As regards unstructured learning, the member who wants to take CPE Credit hours, the requirement is that he should submit a self-declaration Form to the Institute every year. This Form is to submitted to the decentrallsed / sub-decentralised offices of the Institute every year before 31st May. The format of this Form is given on the next page.

10. Considering the above requirements of unstructured learning for members who are senior citizens, it appears that the most convenient mode of learning will be as under:

i) Reading and individual home study i.e., reading articles in the CA. Journal, reading technical, professional, financial or business literature.

ii) Group or bilateral discussion on technical issues –

This will include attendance in group discussions at workshops, study groups, seminars, symposia, conferences, etc. organised by any voluntary body such as a society, association, chamber, group, etc. on technical issues relating to the accounting profession.

iii) Participation at internal training programme organised by firms of Chartered Accountants having seven or more partners.

11. With the above coverage of all senior citizens under the CPE Scheme, it has become mandatory for all members of the Institute (over 1.46 lacs members) to comply with the CPE Scheme. The Institute will have to create a machinery to scrutinise over 1.46 lacs self-declaration forms received from members every year and determine whether all members have complied with the requirements of CPE. In this exercise, the records maintained by the Institute for attendance of members in structured learning programmes will also be required to be considered. ICAI will have to issue comprehensive guidelines about the punishment to be awarded to defaulting members who are holding certificate of practice and those who are not holding certificate of practice.

II. ICAI News

(Note: Page Nos. given below are from c.A. Journal for July, 2008)

1. General amnesty for restoration of names of members and C.P.:

ICAI has introduced an amnesty scheme for restoration of names of members with retrospective effect on payment of certain fees and filing Form No.9. The member can also apply for certificate of practice in Form No.6 prospectively on payment of fees. This scheme will be in force up to 31-12-2008. Details of the scheme are on page 198.

2. Data of members on Board of directors of companies:

ICAI is compiling data about members who are presently working as executive/non-executive/in-dependent directors of public companies (whether listed or not) so that they can share their experience with other aspiring Board members. Such details have to be furnished in the format given on page 201.

3. Chapter at Muscat:

ICAI has decided to set up  a chapter in Muscat. Details are given on page  201.

4. Campus placement programme:

As in the past, ICAI has organised campus placement programme for candidates who qualify in May, 2008, Final examination. The schedule is as under;

(i) 2-9-2008 to 5-9-2008 :
Ahmedabad, Baroda, Chandigarh, Coimbatore, Ernakulam, Hyderabad, Indore, Jaipur, Kanpur, Nagpur, Nashik, Pune and Surat.

ii) 17-9-2008 to 25-9-2008 (excluding  Sunday)  :
Bangalore, Chennai, Kolkata, Mumbai and New Delhi (Details on page 203).

5. Guidance Notes:

The following Guidance Notes issued by Research Committee have been withdrawn by ICAI.

i) Mode of Valuation of Fixed Assets (Revised in 1976)

ii) Guidance  Note  on Accounting  for Changing Prices (Issued in 1982) ./ (Refer page 204)

6. Advertisement by practising CAs:

In July issue of BCA Journal (P. S09) details about this issue are given. ICAI Notification in this respect is published on pages 206 and 208.

7. Approval of Accounting Standard (AS-32) :

The Council of ICAI has approved Accounting Standard (AS) 32, ‘Financial Instruments; Disclosures’. The objective of this Accounting Standard is to require entities to provide disclosures in their financial statements to enable users to evaluate the following;

i) the significance of financial instruments for the entity’s financial position and performance; and

ii) the nature and extent of risks arising from financial instruments to which the entity is exposed during the period and at the end of the reporting period, and how the entity manages those risks.

In view of the above, the Accounting Standard will bring about greater transparency in the disclosures related to financial instruments, such as derivatives and the exposures to the risks related to such financial instruments, and how the entity manages its risks.

It may be noted that ICAI has already issued the related Accounting Standards, namely, Accounting Standard (AS) 30, ‘Financial Instruments; Recognition and Measurement’ and Accounting Standard (AS) 31, ‘Financial Instruments: Presentation’. Issuance of this standard completes Accounting Stardards on the subject of Financial Instruments. Like AS-30 and AS-31, the Council has made AS-32 recommendatory from 1st April 2009 and mandatory from 1st April 2011.

ICAI And Its Members

1. Disciplinary case :

    Case of ICAI v. Shri Deepak Parti and Anr. is reported on page 1424 of C.A. Journal for March, 2010. In this case, the complainant alleged that the member, in his capacity as Vice-Chairman, promoted an NBFC (M/s. Schematic Finance Ltd.). The complainant and her son were regularly investing funds in this NBFC. The NBFC used to give post-dated cheques for redemption money and interest. One of the deposits for Rs.6.70 lacs was made and NBFC gave post-dated cheque for this amount and interest due. This cheque when deposited in the bank, was returned unpaid. On inquiry, the complainant found that the NBFC company had closed its office. The matter was referred to the Company Law Board. The CLB fixed dates for repayment in instalments, but the CLB order was not complied with.

    When the matter was referred to the disciplinary committee, it held that the member was guilty of ‘other misconduct’. The Council accepted this finding and referred the matter to the High Court with a recommendation that the name of the member be removed from the Register of Members for a period of six months.

    The member did not appear before the Delhi High Court. On consideration of the report of the disciplinary committee and the finding of the Council, the High Court held that the name of the member be removed from the Register of Members for a period of six months.

2. Some ethical issues :

The Ethical Standards Board has considered some ethical issues and given its views on page 1406 of CA Journal for March, 2010. Some of the issues as decided by ESB are as under :

    (i) Whether communication with previous auditor is necessary in case of appointment as statutory auditor by nationalised and other banks ?

    Ans. : Clause (8) of Part I of the First Schedule to the CA Act is equally applicable in case of nationalised and other banks and also to Government agencies and, therefore, such communication is necessary.

    (ii) Whether communication by the incoming auditor is mandatory with the previous auditor in respect of various audit assignments, like the concurrent audit, revenue audit, tax audit and special audits, etc. ?

    Ans. : The requirement for communicating with the previous auditor would apply to all types of audits viz., statutory audit, tax audit, internal audit, concurrent audit or any other kind of audit. The Council has laid down detailed guidelines in this regard and the same are appearing at pages 166–168 of the Code of Ethics, 2009.

    (iii) Whether a Chartered Accountant will be deemed to be guilty of professional misconduct if he accepts his appointment as an auditor immediately after intimating his appointment over the phone to the previous auditor ?

    Ans. : The member would be held guilty of professional misconduct for the following reasons :

(a) That he had failed to communicate with the retiring auditor in writing; and

(b) That he did not wait for a reasonable length of time for a reply to be received from him.

(iv) Whether a Chartered Accountant can accept an appointment as auditor of a company without first ascertaining from it whether the requirements of S. 225 of the Companies Act, 1956 in respect of such appointment have been duly complied with ?

    Ans. : As per clause (9) of Part I of the First Schedule to the CA Act, a Chartered Accountant in practice shall be deemed to be guilty of professional misconduct if he accepts an appointment as auditor of a company without first ascertaining from it whether the requirements of S. 225 of the Companies Act, 1956 in respect of such appointment have been duly complied with. In this regard, the Council has laid down detailed guidelines that are appearing at pages 188–196 of the Code of Ethics, 2009.

    (v) Whether a statutory auditor can be appointed in the adjourned meeting in place of existing statutory auditor where no special notice for removal or replacement of the retiring auditor is received at the time of the original meeting ?

    Ans. : If any annual general meeting is adjourned without appointing an auditor, no special notice for removal or replacement of the retiring auditor received after the adjournment can be taken note of and acted upon by the company, since in terms of S. 190(1) of the Companies Act, 1956, special notice should be given to the Company at least fourteen clear days before the meeting in which the subject matter of the notice is to be considered. The meeting contemplated in S. 190(1) is undoubtedly the original meeting.

    (vi) Whether a Chartered Accountant in practice is entitled to accept teaching assignment ?

    Ans. : A Chartered Accountant in practice is allowed to accept teaching assignment in university, affiliated colleges, educational institution, coaching organisation, private tutorship under a specific permission of the Council, provided the direct teaching hours devoted to such activities taken together do not exceed 25 hours a week.

        3. Treatment of preliminary expenses incurred on incorporation of a company:

        i) Facts:

    A company was incorporated in May, 2008 as a wholly-owned subsidiary of a Government of India enterprise under the administrative control of the Ministry of Oil & Natural Gas to implement city gas distribution by participating in the bidding process of the Petroleum & Natural Gas Regulatory Board (PNGRB) and also to set up CNG stations across the National Highway Corridor. The company spent an amount of Rs.1.26 crore towards incorporation expenses (preliminary expenses) during the period May 27, 2008 to March 31, 2009.

    As the company had not started the commercial production, the ‘Statement of Incidental Expenditure During the Construction’ (IEDC) had been prepared instead of profit and loss account, complying with the specific requirements of Part II of Schedule VI to the Companies Act, 1956, giving suitable disclosure of specific items of expenditure.

    The company had also incurred other pre-operative expenses. It had shown the preliminary expenses and pre-operative expenses in the statement of IEDC. The expenditure under the head IEDC was allocated to capital work-in-progress to be capitalised in future as part of Fixed Assets (AS-10). The company was of the view that the ‘start-up’ cost included expenses incurred for formation expenses of the company (preliminary expenses) as per para 56 of AS-26.

        ii) Query:

    The question before the Expert Advisory Committee (EAC) was whether the accounting treatment of pre-liminary expenses adopted by the company was in compliance with existing Accounting Standards and other generally accepted accounting principles?

        iii) EAC opinion:

    The committee, after considering paragraph 56 of AS-26 — ‘Intangible Assets’ and paragraph 9(3) of AS-10

    — ‘Accounting for Fixed Assets’, came to the conclusion that the start-up costs of the nature of incorporation expenses (preliminary expenses) incurred for bringing the enterprise into existence in its corporate form cannot be said to be attributable to bringing an asset/project into existence. The requirements of AS-26 would apply to the expenditure incurred on incorporation of the company and not the requirements of AS-10. Accordingly, in accordance with AS-26, such preliminary expenditure should be expensed by way of a charge to the profit and loss account in the period in which these are incurred. Therefore, the committee was of the view that for this purpose profit and loss account will have to be prepared by the company even before the commencement of commercial operations. Since, the company has treated incorrectly the said expenditures in the year of incurrence, it should rectify this mistake in the next year as prior period items in accordance with AS-5. “Net Profit or Loss for the Period, Prior Period Items and Changes in Accounting Policies”.

    (Please refer pages 1425–1426 of C.A. Journal of March 2010)

        4. New Committees of the Council:

    The Council of ICAI has formed 6 statutory commit-tees and 28 non-statutory committees on 12-2-2010 for one year. Names of chairmen and vice-chairmen of these committees are as under:

        i) Statutory Committees:

        a) Chairman and Vice-Chairman of Executive, Examination, Finance and Disciplinary Committee (under old regulation) are

    Shri Amarjit Chopra (President) and Shri G. Ramaswamy (Vice-President), respectively.

        b) Board of Discipline —

    Chairman Shri Amarjit Chopra
    Disciplinary Committee (Under New S. 21B)— Chairman Shri G. Ramaswamy.

        ii) Non-Statutory Committees — (Some Names)

        a) Accounting Standards Board

    CA Manoj Fadnis (C) and CA S. Santhanakrishnan (VC)

        b) Auditing & Assurance Standards Board

    CA Abhijit Bandyopadhaya (C) and CA R. S. Adukia (VC)

        c) Audit Committee

    Shri K. P. Shashidharan (C) and CA S. K. Agarwal (VC)

        d) Board of Studies

    CA Vinod Jain (C) and CA V. Murali (VC)

        e) Direct Taxes Committee

    CA J. P. Gokhale (C) and   CA M. Devaraja Reddy (VC)
        f) Indirect Taxes Committee

    CA Bhavana Doshi (C) and CA M. N. Hiregange (VC)

        g) Ethical Standards Board

    CA Jaydeep Shah (C) and CA K. Raghu (VC)

        h) Expert Advisory Committee

    CA S. K. Maheshwari (C) and CA Anuj Goyal (VC)

        i) International Taxation Committee

    CA M. P. Sarda (C) and CA Dhinal A. Shah (VC)

        j) Professional Development

    CA Pankaj Jain (C) and CA C. S. Nanda (VC)

    (For details please refer P. 1493-1497 of C.A. Journal for March, 2010)

        5. Auditing Standards:

        a) The following Revised Standards on Auditing (SA) have been published in C.A. Journal for March, 2010 at pages stated below. They will apply to Financial Statements for periods beginning on or after 1-4-2010.

        i) SA 200 (Revised) — Overall objectives of the Independent Auditors and the Conduct of Audit in Accordance with Standards on Audit-ing (P. 1508–1520).

        ii) SA 220 (Revised) — Quality Control for Audit of Financial Statements (P. 1521–1527).

        iii) SA 501 (Revised) — Audit Evidence — Specific Considerations for Selected Items (P. 1528– 1530).

        iv) SA 505 (Revised) — External Confirmations (P. 1531–1535).

        v) SA 520 (Revised) — Analytical Procedures (P. 1536–1539).
        vi) SA 620 (Revised) — Using the Work of an Auditor’s Expert (P. 1540-1545)

        b) The following Exposure Draft is published on Standard on Assurance Engagements (SAE) 3000:

    Assurance Engagements other than Audits or Reviews of Historical Financial Information (P. 1546– 1553).

        6. ICAI News:

    (Note : Page Nos. given below are from C.A. Journal for March, 2010)

        i) New Branches of ICAI:

    The following new Branches have been opened by ICAI on 13-1-2010 (P. 1505–1506):

        a) Tirupati (SIRC)

        b) Bhavnagar (WIRC)
        c) Pali (CIRC)

        d) Shri Ganga Nagar (CIRC)

        e) Ratlam (CIRC)

        ii) ICAI New Publications (P. 1498-1500):

        a) e-learning CD on Windows, Network & Wi-Fi Security — An Intro.
        b) e-learning CD on IS Security, Cyber Threats & Review — An Intro.
        c) Technical Guide on IT Migration Audit.

        d) Study on Compliance of Financial Reporting Requirements.
        e) Technical Guide on Internal Audit of Treasury Functions in Banks.

        iii) CA Examinations (P. 1501-1502):

        a) PE II, PCE, IPCE and Final Examinations — 3rd to 17th May, 2010.
        b) CPT — 20th June, 2010.

ICAI And Its Members

ICAI & Its Members

1. Disciplinary case :


In the case of ICAI v. Sri S. R. Bhandary, the
Registrar of Companies filed a complaint against the member alleging, inter
alia
, that during the inspection of accounts of one of the companies,
certain violations of the Companies Act came to light which had a bearing on the
accounts and transactions of the company. The member who had audited the
accounts of the said company failed to report such violation in his audit report
on the accounts of the company.

The Disciplinary Committee and the Council came to the
conclusion that the member was grossly negligent in the performance of his
duties and he was guilty of professional misconduct under Clause (7) of Part I
of Second Schedule to the C.A. Act. The Council recommended to the High Court
that the member be reprimanded.

The Karnataka High Court has observed that the Council was
justified in taking the above view. The High Court has pointed out that the
member had not reported on the following matters.

The member did not qualify the following points in his report
dated 6-4-1992 :

(i) The Company acquired shares at Rs.14,59,510 in two
private limited companies. These investments were in excess of the limits laid
down u/s.372 of the Companies Act, 1956. The Company did not obtain prior
approval from the Government of India.

(ii) The Company paid interest of Rs.2,21,669 on share
application money received pending allotment. The payment was neither
authorised under the Companies Act, nor under the Memorandum and Articles of
Association of the Company. The payment is, therefore, unauthorised.


The High Court agreed with the Council and accepted its
recommendation that the member be reprimanded for his above negligence.



(Refer pages 1519-1520 of C.A. Journal, March, 2008)


2. Whether Auditor of a subsidiary company can be a Director of its
Holding Company :



The Ethical Standards Committee (Committee) of ICAI has
examined this issue in detail. In terms of Clause (II) of Part I of the First
Schedule to the C.A. Act, a practising C.A. cannot engage in any business or
occupation without permission of the Council. He can, however, be a
non-executive director of a company wherein he or any of his partners is not an
auditor. According to the Committee, the public conscience is expected to be
ahead of the law. Members are, therefore, expected to interpret the requirement
as regards independence much more strictly than what the law requires and should
not place themselves in positions which would either compromise or jeopardize
their independence.

In view of the above, the Committee has decided that an
auditor of a subsidiary company cannot be a director of its holding company, as
it will affect the independence of the auditor. On the same analogy, an auditor
of a holding company cannot be a director of its subsidiary company.



(Refer page 1590 of C.A. Journal, March, 2008)


3. Guidelines for fees payable for Special Audit u/s.142(2A) of Income-tax
Act :


As the members are aware, S. 142 (2D) of the Income-tax Act
was amended by the Finance Act, 2007 w.e.f. 1-6-2007. According to this
amendment, the audit fees for a Special Audit ordered on or after 1-6-2007
u/s.142(2A) is to be determined by the Chief Commissioner or Commissioner and to
be paid by the Central Government. For this purpose, guidelines have now been
issued by a Notification dated 5-2-2008 [298 ITR (St) P.1]. A new Rule 14B has
been added in the Income-tax Rules, which provides as under :

(i) Every Chief Commissioner has to maintain a panel of
Chartered Accountants.

(ii) The Chartered Accountant who is required to conduct
such Special Audit u/s.142(2A) has to maintain a time-sheet and has to submit
it to the Chief Commissioner/Commissioner along with his bill.

(iii) The Audit fees will not be less than Rs.3750 per hour
and will not be more than Rs.7500 per hour for the Chartered Accountant,
qualified assistants, semi-qualified and other assistants.

(iv) The Chief Commissioner/Commissioner will ensure that
the number of hours claimed for billing purposes is commensurate with the size
and quality of the report submitted by the Chartered Accountant.


(Refer page 1508 of C.A. Journal for March, 2008)

4. Accounting treatment in respect of amount withheld from a contractor in
respect of customs duty :


The Expert Advisory Committee (EAC) of ICAI has considered
the above issue in its opinion which appears on pages 1489-1492 of C.A. Journal
of March, 2008. In this case, the company had entered into a lump sum turn-key
agreement with a foreign contractor for installation of process plant. The
contractor submitted its bill which included customs duty paid by it. The
company raised objection with regard to payment of the customs duty, on the
ground that evidence in the form of proof of payment of customs duty was not
furnished. The company withheld the payment of customs duty to the contractor.
The matter was referred to an Arbitrator. The company raised the following two
questions :

(i) Whether the accounting treatment of capitalising plant
at the total lump sum price (including taxes and duties) payable to the
foreign contractor for lump sum turn-key contract is in order by providing for
liability for the amount withheld towards balance customs duty on account of
non-submission of customs documents, against which the contractor has invoked
arbitrator proceedings.

(ii) In case the answer to the above question is in the
negative, whether the amount withheld from the contractor, which is under
arbitration, is to be treated as contingent liability.

ICAI And Its Members

ICAI & Its Mebers

1. Disciplinary case :


In the case of ICAI v. Shri V. C. Agarwarl, on the
basis of information given by the ITO, Circle 5(7) Mumbai, a disciplinary case
was registered against the member. In this case the member audited the books of
WIE P. Ltd. and also conducted audit u/s.44AB of the Income-tax Act. During the
course of assessment proceedings of the company, the ITO noticed that there were
cash deposits in the bank account of the company. In the audited accounts this
was shown as cash sales. It was also shown in the audited accounts that the
company carried on trading activities whereas, the ITO on inquiry, found that
the company was only acting as Hawala broker and cash deposits related to Hawala
business.

The disciplinary committee conducted the enquiry. The member
did not attend before the committee but made written representation. The
committee held that the member was guilty of professional misconduct under
clauses (5) to (8) of Part I of the Second Schedule of the C.A. Act. This
finding was accepted by the Council which recommended to the High court that the
name of the member be removed for a period of six months.

The Bombay High Court has accepted the findings of the
Council and confirmed the penalty of removal of the name of the member for six
months. (Refer page 646 of C.A. Journal for October, 2008).

2. Guidelines for members of ICAI :


Prior to the enactment of the Chartered Accountants
(Amendment) Act, 2006, clause (ii) of Part II of the Second Schedule to the C.A.
Act authorised the Council of ICAI to issue a Notification whereby it could
provide that a member of ICAI would be held guilty of professional misconduct if
he is guilty of such act or omission as may be specified by the Council in the
Notification issued under this clause. Since this power of issuing such
Notification is not given to ICAI by amendment of the above Schedule by the
Amendment Act of 2006, old Notifications issued from 1965 to 2004 have now been
repealed w.e.f. 8-8-2008.

ICAI has now issued ‘Council General Guidelines, 2008’ by a
Notification dated 8-8-2008. These guidelines are published at pages 686-689 of
C.A. Journal of October, 2008. These guidelines deal with the following subjects
which were covered by the various Notifications issued from 1965 to 2004 under
erstwhile clause (ii) of Part II of Second Schedule to the C.A. Act :

(i) Conduct of a member being an employee.

(ii) Prohibition of appointment of member as cost auditor.

(iii) A member shall not express opinion on financial
statements of any business or enterprise in which one or more of his
relatives, either by themselves or in conjunction with such member, has
substantial interest in such business or enterprise. It may be noted that
under the earlier Notification dated 20-3-1971, under clause (ii) of Part II
of Second Schedule, it was provided that if such opinion is expressed, the
member should disclose his interest in his report. Under the above guidelines,
such member is prohibited from expressing his opinion on financial statements
of any enterprise in which he and/or his relatives have substantial interest.

(iv) Maintenance of books of accounts by a member in
practice or a firm of Chartered Accountants.

(v) Ceiling on tax audit assignments u/s.44 AB of the
Income-tax Act.

(vi) Appointment of an auditor in case of non-payment of
undisputed fees to previous auditor.

(vii) Specified number of audit assignments under the
Companies Act, 1956. This specified number under the Companies Act is 20
audits of public companies per partner (including 10 audits of public
companies with paid-up share capital of Rs.25 lacs or more). It may be noted
that this ceiling of 20 audits does not apply to audits of private companies.
Therefore, the Council of ICAI had decided in 2001 that an overall ceiling of
30 for public and private company audits (including 10 audits of public
companies with paid-up capital of Rs.25 lacs or more) should be observed by
members. The member/firm is required to maintain a register relating the
ceiling of 30 audits giving the particulars of (a) name of the company, (b)
registration No. of the company, (c) date of appointment, (d) date on which
Form 23-B filed with ROC.

(viii) Appointment of statutory auditor — A member or his
firm cannot accept fees for other assignments for fees exceeding the statutory
audit fees.

(ix) A member who is indebted to a concern for an amount
exceeding Rs.10,000 cannot accept audit of that concern.

(x) Directions of Council/committee in case of unjustified
removal of auditors is binding on members.

(xi) Minimum audit fees in respect of audits in specified
cases.


3. Amendments to C.A. Regulations :


By a Notification dated 25-9-2008, C.A. Regulations, 1988
have been amended. Some of the important amendments are as under :

(i) List of members as on 1st April every year will now be
available to members only on payment of cost. The rates for Western, Southern
and Northern Regions are Rs.500 each, for Eastern Region Rs.300, for Central
Region Rs.400 and for All India Rs.750 per copy.

(ii) Any person, (other than the Central or State Government
or any statutory authority) desiring to file a complaint against a member will
have to pay a fee of Rs.2,500. The procedure for conducting an enquiry against a
member on the basis of information or complaint shall be as specified in the
‘Chartered Accountants (Procedure of Investigations of Professional and other
Misconduct and Conduct of Cases) Rules, 2007’.

(iii) A member in C.A. practice can now share his fees from
professional practice with other professionals or can get a share from the fees
of such other professionals or accept professional assignments by an arrangement
with such other professionals. For this purpose, the list of such other
professionals is provided in new Regulation 53A as under :


(a)    Company  Secretary,
(b)    Cost Accountant,
(c)    Actuary,
(d)    RE.,
(e)    R Tech,
(f)    Architect
(g)    Lawyer,  and
(h)    MBA.

(iv)    New Regulation 53B now permits a CA. in practice to enter into partnership with (a) Company Secretary, (b) Cost Accountant, (c) Advocate, (d) Engineer, (e) Architect, and (f) Actuary. It may be noted that these professionals should be members of their respective regulatory bodies. Further, it will have to be ensured that these regulatory bodies permit their members to enter into such partnerships.

(v) Amendments are made in the following Regulations dealing with certain administrative matters :
(a)    137Co-option  by Regional  Council

(b)    175Functions  of Executive  Committee

(c)    176A   Functions  of Finance  Committee

(d)    194Maintenance  of Accounts

(e)    197Comparison of Actual Income & Expenditure with Budget Estimates.

4.    Accounting  Standards:

(i)    Accounting  Standard  (AS-32) –  Financial  Instruments  –  Disclosures:

(Note: Page Nos. given below are from CA. Journal for October, 2008)

Text of AS-32 is published on pages 690-705. This standard is recommendatory for accounting periods commencing on or after 1-4-2009 and mandatory for accounting periods commencing on or after 1-4-2011. The principles in this standard complement the principles for recognising, measuring and presenting financial assets and financial liabilities in AS-30 – Financial Instruments – Recognition and Measurement and AS-31 – Financial Instruments – Presentation.

(ii)    Limited  Revision  of AS-19 –  Leases:

This limited revision of AS-19 (Leases) is consequential to issue of AS-32 dealing with Financial Instruments – Disclosures. (Refer Page 705)

(iii)    Exposure Draft –  Accounting  Standard (AS- 2)    (Revised) :

Exposure Draft of Revised AS-2 – Inventories is published for comments by members on pages 724-727.

5. Standards on Auditing (SA) :

(Note: Page Nos. given below are from c.A. Journal of October, 2008)

(i)    SA580 –  Written  representations:

The above standard is revised and published on pages 706-710. Earlier this standard was known as ‘Representations by Management’ AAS-11.

(ii)    Exposure Drafts:

The following Exposure Drafts are published for comments by members:

(a)    Audit Considerations Relating to an Entity Using a Third Party Service Organisation (Revised) SA-402 with Explanatory Memorandum (Pages 728-736).

(b)    Initial Audit Engagements – Opening Balances with Explanatory Memorandum – (Re-vised) SA 510 (Pages 737-741).

6.    Standards  on Internal  Audit  (SIA) :

(Note: Page Nos. given below are from c.A. Journal of October, 2008)

(i)    Framework for standards  on Internal Audit:

ICAI has decided to publish standards on Internal Audit (SIA). The framework for these standards is published on page 711.

(ii)    SIA-4 –  Reporting:

The purpose of this standard is to establish standard on the form and content of Internal Auditor’s Report. This is published on pages 712-714.

(iii)    SIA-5 –  Sampling:

This standard explains the design and selection of an audit sample for Internal Audit. It is published on pages 714-718.

(iv)    SIA-6 –  Analytical  Procedure:

SIA-6 establishes standard on the application of analytical procedures during an internal audit. This is published on pages 718-721.

(v) SIA-7 – Quality Assurance in Internal Audit:
The purpose of SIA-7 is to establish standards and provide guidance regarding quality assurance in internal audit. This is published on pages 721-723.

(vi)    Exposure Drafts:

Following Exposure Drafts are issued for Standards on Internal Audit (SIA) :
(a)    Terms of Internal Audit Engagement (Pages 742-743).

(b)    Internal  Audit  Evidence  (Pages 743-744).

(c)    Communication with Management (Page 744-746).

(d)    Co-ordination with External Auditors (Pages 746-747).

(e)    Consideration of Fraud in Internal Audit (Pages 747-748).


7. ICAI News:

(Note: Page Nos. given below are from C.A. Journal for October, 2008)

(i) ICAI Awards for 2008 to members in industry :

ICAI has decided to honour members in industry for 2008 on 25th January 2009. The Awards will be given under three categories viz. (a) Business Achievers,

(b)    Chief Financial Officers (CFO’s), and (c) Professional Achievers. Nominations are invited for this purpose by 30-11-2008 (Refer pages 589 and 669).

(ii)    Convocation  for new members of ICAI :

First ICAI convocation to give away Certificate of Passing CA. Final Examination, Certificate of Membership and Certificate of Practice to new members will be held at New Delhi on 2-11-2008. Similar convocation will be held at various Regional Centres later on (Refer pages 588 and 596).

(iii)    Common Proficiency Test (CPT) – ONLINE Examination:

ICAI has decided that in addition to the existing paper-pencil mode of CPT Examination to be held on 14-12-2008, online Examination will also be held on 7-12-2008 in 11 cities viz. Ahmedabad, Mumbai, Pune, Nagpur, Chennai, Bangalore, Hyderabad, Kolkata, Kanpur, Jaipur and New Delhi. Students will have option to select anyone mode of examination. (Details on page 596)
 

(v)    SIA-7 –  Quality Assurance in Internal Audit:

The purpose of SIA-7 is to establish standards and provide guidance regarding quality assurance in internal audit. This is published on pages 721-723.

(iv)    Enhancing Audit  Quality:

Some observations made by Reviewers while conducting peer review are listed in order to enable the members to improve the quality of audit of corporate bodies. (Page 655)

(v)    Accounting  Technician  Course:

As reported earlier, ICAl proposes to introduce a new course called ‘Accounting Technician Course’ to enable students who are not able to complete CA. course to get a certificate as ‘Accounting Technician’. Draft Regulations for this purpose are published for comments by members at pages 682 to 685.

(vi)    New Publications  of lCAl :

(a)    Technical Guide on Accounting for Micro-finance Institutions (Page 678).

(b)    Introduction to WTO and Opportunities for CAs in International Trade Laws and WTO (Page 678).

(c)    Compendium of Standards and Statements on Auditing as on 1-4-2008 Vol. I and Compendium of Guidance Notes Vol. II (Page 679).

(d)    A study on Basel II and Risk-based supervision (Page 679).

(e)    Frame work for Standards on Internal Audit and Standards on Internal Audit (SIA) 4 – Reporting, SIA 5 – Sampling, SIA 6 – Analytical Procedure, and SIA 7 – Quality Assurance in Internal Audit (Page 680).

ICAI And Its Members

1. Disciplinary case :

    In the case of ICAI v. Shri Sandeep Abbott, a firm engaged in share trading filed a complaint against the member. In this complaint it was alleged that the member induced the complainant to become his client by giving free swot scan (stock market review by CAs) offering useful tips. This swot scan did not come till the close of his business. It was also alleged that the member was engaged in the business of brokership of shares besides his practice as an auditor. It was further alleged that the member had not disclosed in his statement the deliveries not given to the complainant and shares which were sent for transfer on behalf of the complainant. Further, the member had not given to the complainant the right or preferential quota for the said shares. It was also alleged that the member had sold some shares without consent of the complainant and not paid the sale proceeds of the shares to the complainant.

    When the case was referred to the Disciplinary Committee of ICAI (DC), the member did not appear at the time of hearing and did not make any written representation in his defence. After considering the documents and evidence produced by the complainant, the committee decided that the member was guilty of professional misconduct under clause (11) of the First Schedule (Engagement in other occupation) and of ‘Other Misconduct’ u/s.22 of C.A. Act.

    The Council accepted the above finding of the D.C. The member did not appear before the Council and did not send written representation. As regards the first charge, it was decided by the Council that the name of the member be removed from the Register of Members for a period of 6 months. As regards the 2nd charge that the member was guilty of ‘Other Misconduct’, the Council recommended to the Delhi High Court that the name of the member be removed for a period of 3 months.

    The Delhi High Court noted that the member did not appear before the D.C., the Council as well as the High Court. After considering the report of DC/Council, the High Court directed that the name of the member be removed for a period of 3 months. (C.A. Journal August, 2009, Page 220).

2. Valuation of Material-in-Transit  (EAC Opinion) :

    A govt. company is in the business of refining and marketing of petroleum products. It has refineries for processing crude oil and lube blending/filling plants. The main raw material for processing in the refineries is crude oil which is both imported and indigenously procured. On the date of Balance sheet, a few shipments of crude oil are in transit. The company also imports other products which can also be in transit on the Balance sheet date.

    The crude oil cargos are generally lifted from load port on FOB basis and consequently the ownership of the goods shipped vests in the company. Once the tanker is loaded from the port, liability for associated expenses like freight, insurance, customs duty, survey fees, wharfage and handling charges (herein referred to as incidental expenses) becomes the cost to the company. The company makes provision for these expenses, irrespective of whether the material enters the Indian territorial waters or not before the Balance sheet date. The company values the crude oil-in-transit as well as other material-in-transit at the Balance sheet date inclusive of all such incidental expenses. The company sought the opinion of Expert Advisory Committee (EAC) of ICAI as to whether this method of valuation of crude oil-in-transit (material-in-transit) was in order.

    The EAC has considered paras 6, 7, 11 and 13 of AS-2 (Valuation of Inventories) and given the opinion that the above method of valuation of material-in-transit was not in order. According to the EAC, only those expenses which contribute to bringing the inventory to its present location and condition can form part of the cost of the inventory. Therefore, the liability for the expenses for (i) freight, (ii) handling charges at the load port (iii) customs duty on imported cargo, and (iv) wharfage should be recognised in the books of account in respect of material-in-transit only when those are incurred or the liability in respect of the same has arisen. As regards insurance and survey fees, the same should not be included in the valuation, unless they are mandatory i.e., without which the material cannot be moved or transported from the port. (Refer page 221-222 of C.A. Journal, August, 2009).

3. Exposure Draft of AS-1 (Revised)

    — Presentation of Financial Statements :

    ICAI has issued the above exposure draft. This Exposure Draft is issued pursuant to the decision to converge with IFRSs in respect of accounting periods commencing on or after April 01, 2011. This corresponds with IAS-1.

    The objective of the Standard is to prescribe the basis for presentation of general purpose financial statements to ensure comparability both with the entity’s financial statements of the previous periods and with the financial statements of other entities. The general purpose financial statements are those intended to meet the needs of users who are not in a position to require an entity to prepare reports tailored to their particular information needs.

    The objective of financial statements is to provide information about the financial position, financial performance and cash flows of an entity that is useful to wide range of users in making economic decisions.

    A complete set of financial statements comprises : (a) a statement of financial position at the end of the period; (b) a statement of comprehensive income of the period; (c) a statement of changes in equity for the period; (d) a statement of cash flows for the period; (e) notes, comprising a summary of significant accounting policies and other explanatory information; and (f) a statement of financial position as at the beginning of the earliest comparative period when an entity applies an accounting policy retrospectively or makes a retrospective restatement of items in its financial statements, or when it reclassifies items in its financial statements. An entity is required to present a complete set of financial statements (including comparative information) at least annually.

    This Accounting Standard is mandatory for accounting periods commencing on or after April 01, 2011.

    This Standard also gives guidance for implementation and has also given illustrative presentation of financial statement. [Refer pages 317 to 334 of ICAI Journal, August, 2009].

4. Auditing standards :

The following Auditing Standards have been issued and published on pages indicated below in the CA.
 
Journal for August, 2009. These are effective on all audits relating to accounting periods beginning on or after 1-4-2010.

i) Standard   on Auditing   (SA)  320 (Revised)  :

Materiality in Planning  and Performing  an Audit (P. 335-338).

ii) Standard  on Auditing   (SA)  402 (Revised):

Audit Considerations Relating to an Entity Using a Service Organisation (P. 339-346).

iii) Standard  on Auditing   (SA)  450 :

Evaluation of Misstatements Identified During the Audit (P. 347-350).

iv) Standard on Auditing (SA) 610 (Revised) :
Using the Work of Internal Auditors (P. 351-353).

5. NBFC Auditors’  Report:

Reserve Bank of India has issued directions called ‘Non-Banking Financial Companies Auditors’ Report (Reserve Bank) Directions, 2008′. They have been notified by a Circular dated 1-7-2009 and they have come into force on that date. Full text the directions is published on P. 288-291 of CA. Journal, August 2009.

6. Transfer/Termination of articleship  :

ICAl has  clarified, by  a Notification dated 30-6-2009, that transfer/termination of articleship of articled assistants under Regulation 56(1) will be permitted under the following circumstances only:

“(a) Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a medical certificate issued by a Government hospital).

b. Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another city).

c. Misconduct  involving  mortal  turpitude.

d. Other  justifiable  circumstances/reasons:

i. Grounds already permissible in the Char-tered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of article-ship) :

a) Industrial  training  (Regulation  51).

(b) Secondment  of articles (Regulation 54).

c) Conversion from PCC to lPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Croup-I of lPCC).

(d) Death of Principal [Regulation 57(1)(c)]

e) Ceasing of practice by the Principal [Regulation 57(1)(a)].

f) Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)].

ii. Marriage basis (only if there is relocation to another city involving distance of 50 kms).

iii. Irregular payment or non payment of stipend with reference to Regulation 67.

iv. Articled assistant desires to serve balance period of training outside India.

v. Shifting by the principal to another city involving distance of more than 50 kms.

The articled assistants are required, in the first instance, to get the consent of the Institute before getting Form 109 signed by the Principal, in their own interest.

The request, on anyone or more of the aforesaid grounds, of an articled assistant on plain paper with recommendations of the Principal for transfer/termination of articleship accompanied by evidence/ proof (self-attested by the articled assistant) to the satisfaction of the Institute be made.”

7. Campus    Placement    Programme:
As in the past, ICAI has organised Campus Placement Programme for providing opportunity to our students who have qualified in CA. Final Examinations held in May, 2009. The campus placement interviews will be held at the following places on the dates mentioned below:

8.  Know  Your Ethics:

The Ethical Standards Board has issued certain clarifications about ICAI Ethical Standards which are published on page 192 of CA. Journal for August, 2009. The following clarifications may be noted:

i) Management consultancy companies floated by Chartered Accountants can receive remuneration from an employer based on percentage of the annual CTC of the candidate while providing services relating to recruitment or placement of such candidate. However, a firm of Chartered Accountants is not permitted to charge fees on percentage of CTC of the candidate for rendering similar services.

ii) A Member who is in practice cannot use the designation of ‘District Governor’ in his Rotary Club visiting card along with the word ‘Chartered Accountant’.

iii) It is not permissible for a member of ICAI, who is practising as an advocate, to use CA logo on his personal stationery, visiting cards, etc.

9. ICAI News:

(Note:    PageNos. given below are from c.A. Journalof August, 2009)

i) lCAl Elections:

Elections to the 21st Council and 20th Regional Councils will take place on 4th and 5th December, 2009. Details about these elections are put on the web site of ICAI www. icai.org. (Page 306).

ii) lCAl MOTO Song:
ICAI MOTO song instills a sense of pride amongst members of our Institute and expresses our solidar-ity with the Institute. This is uploaded on the web site of lCAl. (Page 188).

iii) Membership Card:
ICAI is issuing membership cards. Those who have not so far obtained this card can apply to ICAl. (Page 188).

(iv) Payment of Annual Membership Fees:
ICAI has issued a clarification that the Annual Membership Fees and Certificate of Practice Fees for 2009-10was payable on 1-4-2009.If any member has not paid the fees so far he/she can make the payment on or before 30-9-2009. (Page 308)

(v) New Branch of ICAl :
119th Branch in Western Region has been opened at Vapi w.e.f. 9-7-2009. (Page 300)

(vi) Publications of ICAl :
(a) Technical Guide on Internal/Concurrent Audit of Investment Functions of Insurance Companies (Page 299)
(b) Micro Insurance (Page 299)
(c) Technical Guide on Internal Audit of Intangible Assets (Page 300)

ICAI And Its Members

1. Know Your Ethics :

The Ethical Standards Board of ICAI has discussed some ethical issues on pages 554 and 556 of the CA Journal of October, 2010, as under :

(i) Can a Member share profits with the widow of his deceased partner?

    Ans. : When there are two or more partners and one of them dies, the widow of the deceased partner can continue to receive a share of the profit of the firm. A legal representative, say, widow of a deceased partner, would be entitled to share the profits only where the partnership agreement contains a provision that on the death of the partner, his widow or legal representative would be entitled to such payment by way of sharing of fees or otherwise for the specified period.

(ii) Can there be sharing of fees between the widow or the legal representative of the proprietor of a single member firm and the purchaser of the goodwill of the firm on the death of the sole proprietor of the firm ?

    Ans. : There could not be any sharing of fees between the widow or the legal representative of the proprietor of a single member firm and the purchaser of the goodwill of the firm on the death of the sole proprietor of the firm. Payment of goodwill to the widow or legal representative is permissible in such cases and to enable such payments to be made in installments, the agreement of the sale of goodwill should contain such a provision. These payments, even if they are spread over the specified period, should not be linked up with participation in the earnings of the firm.

(iii) Can the details of a student passing examination be published in the local press ?

    Ans. : It is usual for local papers to publish details of the examination success of local candidates. Some biographical information is often included. The candidate’s name and address, school and local background, examination passed with details of any prize or place gained, the name of the principal, firm and town in which the principal practices may be published.

(iv) Can a member act as Tax Auditor and Internal Auditor of an entity ?

    Ans. : The Council has decided that the Tax Auditor cannot act as Internal Auditor or vice versa for the same financial year.

(v) Can a concurrent auditor of a bank undertake the assignment of quarterly review of the same bank?

    Ans. : The concurrent audit and the assignment of quarterly review of the same entity cannot be undertaken simultaneously as the concurrent audit is a kind of internal audit and the quarterly review is a kind of statutory audit. It is prohibited in terms of the ‘Guidance Note on Independence of Auditors.’

(vi) Is a member holding certificate of practice entitled to own agricultural land and continue agricultural activity ?

    Ans. : Member holding certificate of practice can own and hold agricultural land and continue agricultural activity through hired labour.

2. Basis of calculation of future cash flows — EAC Opinion :

(i) Facts :

    A public sector company engaged in the business of mining of bauxite, manufacturing of alumina and aluminum as well as generation of power at the captive power plant for use of smelter plant. At alumina refinery, the company has set up two value added plants for (i) special grade hydrate and (ii) special grade alumina (SGA). Both the units have been identified as cash generating units for the purpose of Accounting Standard (AS) 28, Impairment of Assets.

    The company has stated that estimate of future cash flows over the useful life of the SGA plant, i.e., up to the financial year 2022-23, was made in line with the provisions of paragraphs 26(a), 26(b), 27, 28, 29, 30, 31(a), 31(b) and 31(c) of the AS-28. For the SGA plant, calcined alumina, which is internally transferred, is the only raw material. While calculating the cash flows, cost or production of calcined alumina was considered as the cost of raw material.

    During the course of scrutiny/checking of cash flow statement, C&AG auditors agreed to each and every assumption taken, except the cost of raw materials. In the opinion of the C&AG, auditors, market price of calcined alumina should have been taken as the cost of raw material instead of cost of production.

(ii) Query :

    Based on the facts stated above, the opinion of the Expert Advisory Committee has been sought by the company on the issue as to whether the raw materials’ cost (internally transferred) should be taken at ‘cost of production’ or ‘market price’ for the purpose of calculating future cash flows for ascertaining impairment as per AS-28 ?

    iii) EAC opinion:

The Committee is of the view that paragraph 31 of AS- 28 lays down the composition of the estimates of future cash flows. Paragraph 31(b) of AS-28 only lays down that the projections of cash flows for an asset; should include cash outflows required to generate cash inflows. The paragraph further requires that cash outflows should include, among other expenses, overheads and other related charges that can be directly attributed or allocated on a reasonable and consistent basis to the asset.

The Committee is of the view that, on the other hand, paragraph 68 of AS-28 lays down the payments for identification of the cash-generating unit in case when an active market exists for the output produced by the asset or a group of assets even if the output is used internally. This paragraph requires that in such a situation, that is, when an active market exists for the output of an asset or a group of assets which is used internally, that asset or group of assets should be identified as a separate cash generating unit. This paragraph further requires that in such a situation, it is the management’s best estimate for future market price of the output that should be used for determining the cash inflows even from internal use of the output. Similarly, for determining the cash outflows of the cash generating unit that uses the output of this CGU as its raw material, it is the management’s best estimate of future market prices of the product that should be used for determining cash outflows.

The Committee is of the view that paragraph 31(b) is a general paragraph which details with what cash outflows should be taken into account while determining future cash flows; whereas, paragraph of AS-28 contains specific requirements with respect to, inter alia, the price at which the raw material which is transferred internally, should be taken for the purpose of determining cash outflows. Thus, in the view of the Committee, there is no contradiction between paragraphs 31 and 68 of AS-28.

On the basis of the above, the Committee is of the opinion that for the purpose of calculating future cash flows for determining impairment as per AS-28, the cost of the internally transferred raw material should be taken at the management’s best estimate of future market prices of the output (raw material).

(Refer pages 575 to 577 of C.A. Journal for October, 2010)

    3. Interview with Shri Mukesh Ambani:
Shri Mukesh Ambani gave an exclusive interview to the C.A. Journal, which is published on pages 578-580 of C.A. Journal of October, 2010. Some of the answers given by him are as under:

    Would you like to say something about the chartered accountancy profession? How is your experience with chartered accountants?? Would you like to give any feedback on their knowledge, skills, training, etc.
Ans.: Chartered accountancy as a profession has very effectively helped business, because it has created high standards of accounting and rigorous systems that only allow the best to get certification. At RIL, we have a large number of chartered accountants who have made significant contribution to the organisation’s success and corporate governance.

    ii) Would you like to give any message to the members of the chartered accountancy profession to inspire and enable them to fully tap opportunities and face the ever-changing dynamic world of business?
Ans.: I think chartered accountancy can benefit by expanding its horizons to encompass global standards prescribed by well-renowned courses such as the CPA, especially because our best students are brighter, can work harder and are mathematically inclined. I would also like to encourage them to maintain excellence.

    iii)What are the areas ICAI and Reliance can jointly work for development of chartered accountancy as a profession with a focus on the economical and social development of our country?

Ans.: I believe ICAI can help evolve a standard template with the help of leading corporate houses to ensure minimum standards of corporate governance. An institution like ICAI can also align with our future initiatives in education to take the profession to the smaller towns of India.

    4. Scheme for Secondment of Articled Trainees:

    i) A Principal may, with the consent of the articled trainee, second from time to time the articled trainee to other member or members with a view to provide the articled trainee the opportunity of gaining practical experience in areas where the Principal may not be in a position to provide the same.

    ii) The articled trainee shall be seconded only to a member who is entitled to train one or more articled trainees in his own right or to a member in industry who is entitled to train one or more industrial trainees.

    iii) The member to whom the articled trainee is seconded will not be entitled to train more than two such trainees on secondment at a time.
    iv) The aggregate period of secondment shall not exceed one year, provided that the period served on secondment with any one member or his partner shall not exceed six months.
    v) Where an articled trainee is seconded to a member in industry, the total period spent in industry by the articled trainee including the period of industrial training under the Chartered Accountants Regulations, shall not exceed one year.

    vi) During the period of secondment, the Principal shall pay the stipend as provided under the Chartered Accountants’ Regulations.

    vii) The Principal shall keep a record of the training undergone during secondment and include its particulars in the report to the Council under Regulation 64.

(C.A. Student Journal for October, 2010 — page 21)

    5. ICAI News:

(Note: Page Nos. given below are from the C.A. Journal of October, 2010)

    i) New ICAI Chapter in UAE:

ICAI has added the 22nd International Chapter at RAS AL KHAIMAH, UAE, (page 546).

    ii) International Conference on Accountancy:
ICAI is organising the International Conference on Accounting at New Delhi from 4th to 6th January, 2011. Many delegates from the Asia-Pacific Region will attend this conference. Subjects such as Financial Re-engineering, Governance, Harmonisation of Standards, Issues relating to SMP Accountants, and Millennium Developmental Goals, etc. will be discussed at the conference. (page 547).

    iii) Group to Resolve Dispute for Members:

A new group has been constituted by ICAI to examine the matter of development of an alternate dispute resolution machinery (arbitrator) for dealing with disputes of member v/s member and member v/s student and make recommendations to the Central Council (page 549).

    iv) Unique Code Numbers:

It is reported that ICAI has decided to introduce a Unique Code Number (UCN) for use of members and C.A. firms. It is believed that use of UCN will check the increasing instances of forged attestations of certificates issued by our members and CA firms. According to ICAI President, there are many instances reported where the financial statements produced before tax authorities, banks, etc. are different from those certified by our members and CA firms. To curb this practice it is proposed that ICAI will issue UCN which will have to be used by the members and CA firms. (Source: Business Standard of 7-10-2010).

    v) New publications of ICAI:

The following new publications have been issued by ICAI (pages 663 & 666):
    a)Compendium of Standards and Statements on Auditing (Vol. I & II).
    b) Compendium of Guidance Notes on Auditing (Vol. III) as on 1-7-2010.
    c) Technical Guide on Internal Audit of BPO Industries.
    d) Technical Guide to Cenvat Credit.

ICAI And Its Members

1. Retrospective Amendment of Accounting Standard (AS-11)

    By a Gazette Notification dated 31.3.2009, the Central Government has amended Accounting Standard (AS-11) dealing with “The Effects of Changes in Foreign Exchange Rates” as notified by the Companies (Accounting Standard) Rules, 2006. It may be noted that para 46 has been added in this Accounting Standard with retrospective effect from 7th December, 2006. This para reads as under :

    “46. In respect of accounting periods commencing on or after 7th December, 2006 and ending on or before 31st March, 2011, at the option of the enterprise (such option to be irrevocable and to be exercised retrospectively for such accounting period, from the date this transitional provision comes into force or the first date on which the concerned foreign currency monetary item is acquired, whichever is later, and applied to all such foreign currency monetary items), exchange differences arising on reporting of long-term foreign currency monetary items at rates different from those at which they were initially recorded during the period, or reported in previous financial statements, insofar as they relate to the acquisition of a depreciable capital asset, can be added to or deducted from the cost of the asset and shall be depreciated over the balance life of the asset, and in other cases, can be accumulated in a ‘Foreign Currency Monetary Item Transaction Difference Account’ in the enterprise’s financial statements and amortised over the balance period of such long-term asset/liability but not beyond 31st March, 2011, by recognition as income or expense in each of such periods, with the exception of exchange differences dealt with in accordance with paragraph 15. For the purposes of exercise of this option, an asset or liability shall be designated as a long-term foreign currency monetary item, if the asset or liability is expressed in a foreign currency and has a term of 12 months or more at the date of origination of the asset or liability. Any difference pertaining to accounting periods which commenced on or after 7th December, 2006, previously recognised in the profit and loss account before the exercise of the option shall be reversed insofar as it relates to the acquisition of a depreciable capital asset by addition or deduction from the cost of the asset and in other cases by transfer to ‘Foreign Currency Monetary Item Translation Difference Account’ in both cases, by debit or credit, as the case may be, to the general reserve. If the option stated in this paragraph is exercised, disclosure shall be made of the fact of such exercise of such option and of the amount remaining to be amortised in the financial statements of the period in which such option is exercised and in every subsequent period so long as any exchange difference remains unamortised.”

    From the retrospective amendment of AS-11, it will be possible for all corporate bodies to exercise the option to restate their long-term Foreign Currency Monetary Items acquired during accounting periods commencing on or after 7.12.2006. The effect of this amendment will be as under :

    (i) If the long term Foreign Currency Monetary Item relates to other than an acquisition of a depreciable capital asset, exchange differences should be accumulated in the “Foreign Currency Monetary Item Transaction Difference Account” and amortised over the life of the monetary item but not beyond 31 March, 2011.

    (ii) If the long-term Foreign Currency Monetary Item relates to acquisition of a depreciable capital asset, exchange differences arising on such monetary items should be added to or deducted from the cost of the asset.

    By a separate notification dated 31/3/2009, the Central Government has also amended Schedule VI of the Companies Act. By this amendment the second paragraph along with explanation 1 and explanation 2 of the instructions under the head ‘Fixed Assets’ has been deleted with effect from 31.3.2009. The effect of this amendment will be that the requirement of capitalisation of foreign exchange difference relating to the liability incurred for acquiring fixed assets purchased from a foreign country, gets removed. Therefore, if any fixed assets are purchased from a foreign country by taking loan in foreign currency, the foreign exchange difference will have to be recorded as provided in AS-11 as modified by Para 46 inserted w.e.f. 7.12.2006.

2. Limited Liability Partnership

    The Central Government has issued a Notification u/s. 1 (3) of the Limited Liability Partnership Act, 2008 (LLP Act) on 31st March, 2009. notifying that LLP Act has come into force from that date. LLP Rules, 2009 and forms are also notified by a separate Notification. The Ministry of Corporate Affairs has now started registering LLP under the LLP Act/Rules.

    It may be noted that the position of LLP under the Income-tax Act is not yet clarified. Unless this position is clarified, the existing partnership firms or unlisted companies may not exercise the option of conversion into LLP status. Even new partnership to be formed hereafter may not like to register as LLP unless the position under the Income-tax Act and Wealth-tax Act is clarified.

    The LLP Act is silent regarding taxation of LLP under the Income-tax Act. The basic structure of LLP is that of a partnership and the only difference is that the liability of partners is limited. Therefore, the Government should grant the status of a ‘Firm’ to LLP for the purpose of Income-tax Act. In other words, the definition of the words ‘Firm’, ‘Partner’ and ‘Partnership’ in Section 2 (23) of the Income-tax Act should be so amended that it includes definition of these words under the LLP Act. Once this is done, there will be no need to amend other provisions of the Income-tax Act. Accordingly, LLP will pay tax at the flat rate applicable to a ‘Firm’ and it will get deduction for interest and salary to working partners as provided in Section 40 (b) of the Income-tax Act. Share of profit received by a partner from LLP will be exempt from tax. Losses of LLP will be allowed to be carried forward in the hands of the LLP. Other provisions relating to changes in constitution of LLP, dissolution, conversion of LLP to the status of company etc. will apply as they presently apply in the case of a Firm.

3. Working Hours of Articled Assistants

The Council of ICAI has taken certain decisions relating to working hours for training of articled assistants. Some decisions, among others, relate to the minimum and maximum working hours for the articled assistants per week, the course of action required to be taken in case the minimum working hours exceed, etc. These decisions are as follows:

i) The minimum working hours for the articled assistants shall be 35 hours in a week excluding the lunch break.

ii) The office hours of the principal for the articled assistants shall not be generally before 9.00 a.m. or after 7.00 p.m.

iii) The normal working hours of the articled assistants shall not start after 11.00 a.m. or end before 5.00 p.m.

iv) If the exigencies or nature of training so warrants, the articled assistant shall work beyond the normal office hours. However, the maximum working hours for the articled assistants should not normally exceed 35 hours in a week, excluding the lunch break and in any case or circumstances should not exceed 45 hours per week. In case the articled assistant is required to work beyond 35 hours per week, he/she is entitled to compensatory leave calculated with reference to the number of completed hours worked over and above 35 hours per week. The principal shall ensure that long , working hours are not imposed on the articled assistants on a regular basis, and only in case of exceptional circumstances where time-bound work is to be delivered, the articled assistants may be required to work longer hours which will still be subject to a maximum of 45 hours per week. The principal shall be free to allow compensatory leave or off hours in lieu of extra working beyond 35 hours.

(Source:  Communication from Secretary, dated 3.4.2009)

4. Auditing Standards

The following Auditing Standards are issued by the Institute.

(i) Standard on Auditing (SA) 500 (Revised)- ‘Audit Evidence’. This Standard was hitherto known as SA 500 (AAS-5) ‘Audit Evidence’. The revised standard is effective for audits of financial statements for periods beginning on or after 1st April, 2009.

(Refer pages 1818 – 1825 of C.A. Journal for April, 2009)

ii) Standard on Auditing (SA) 720 – “The , Auditor’s Responsibility in Relation to other Information in Documents containing Audited Financial Statements”. This standard is effective for audits of financial statements for periods beginning on or after 1st April, 2009.

(Refer  pages 1826 – 1828 of C.A. Journal for April, 2009)

5. ICAI News

(Note: The page nos. given below are from C.A. Journal for April, 2009)
    
i) Chapter  of ICAI in Singapore

The Singapore Government has permitted leAl to open a chapter in Singapore. This will be inaugurated in April/May, 2009. (page 1668)

ii) International  Conference  at Agra

As part of the Diamond Jubilee celebrations of ICAI, an International Conference will be held at Agra from 3rd to 5th July, 2009. The theme of the conference will be “Winds of Challenges – Global Strategies for Accounting Profession”. (page 1669)

(iii) ICAI Publications
(a) Compendium of Standards on Internal Audit

(b) Manual on Internal Audit

(c) Manual on Concurrent Audit of Banks

(d) Training Material on Internal Audit

(e) Compendium of Opinions, Vol. I to Vol. XXV on CD.

(f) Handbook of Auditing Pronouncements (2008 Edition) (Vol. I & II)

(g) Practitioner’s Guide to Audit of Small Entities

(h) Implementation Guide to Risk-based Audit of Financial Statements

(i) Guidance Note on Audit of Banks ( 2009 Edition)
(Refer page 1808 – 1809, 1812 – 1813)

(iv) Master in Business Finance
ICAI has introduced a Certificate Course in ‘Master in Business Finance’. This course is open to members of ICAI and those students who have passed their final examination. Registration for 2009-10 session is in progress. The classes will be held on Saturdays/Sundays at Mumbai, New Delhi, Chennai and Kolkata from 1st June, 2009 (page 1811).

(v) ICAI Examinations
(a) PE-II, PCE, Final and all other examinations will be held from 1st to 15th June, 2009.

(b) CPT examination will be held on 28.6.2009

ICAI And Its Members

ICAI and its Members

1. Accounting treatment of advance to subsidiary pending
finalisation of modalities of issue of the shares :


A public limited company (P.C. Ltd.) which is a wholly-owned
subsidiary of a listed government company, is in the business of exploration and
production of oil and gas and other hydrocarbon-related activities outside
India. P.C. Ltd. has acquired 100% share capital of a Cyprus-based company
(ABC). During the same year, ABC acquired the entire issued share capital of a
UK-based company (XYZ). The funds for the acquisition of XYZ amounting to USD
1,922 million were provided by P.C. Ltd. to ABC with the intention to treat it
as share application money without entering into any formal agreement at the
time of remittances. Further, P.C. Ltd. has advanced USD 53 million to ABC for
XYZ’s business requirements.

Subsequently, P.C. Ltd. entered into a ‘Shareholders’
Investment Agreement’ with ABC. As per the terms of shareholders’ Investment
Agreement, ABC will issue preference/equity shares at a mutuality agreed premium
rate. The agreement makes clear the intention to convert the advance of USD
1,922 million given for acquisition of XYZ into preference/equity shares.
However, no concrete modalities regarding vital issues of the shares like,
nature of shares (i.e., equity/preference shares), number of shares, face
value and premium, etc., are firmed up till the balance-sheet date. No written
agreement is in place regarding the settlement of advance of USD 53 million
given for meeting XYZ’s business requirements. However, P.C. Ltd. intends to
convert this advance also into equity/preference shares and the advance is not
likely to be refunded in near future. As the shares are yet to be issued, the
amount of USD 1,975 paid by P.C. Ltd. to ABC has been shown as ‘Advance to ABC’
in Schedule, ‘Loans and Advances’ in the stand-alone financial statements.

As P.C. Ltd. intends to convert the advance of USD 1,975
(1,922 + 53) into equity/preference shares, the advance given to ABC, has been
considered as an extension to the net investment of P.C. Ltd. in ABC, which is a
non-integral foreign operation. Therefore, the net investment in ABC has been
revalued and accounted for in accordance with the requirements of Paragraph 15
and 16 of Accounting Standard (AS) 11. P.C. Ltd. has revalued the advance of USD
1,975 million at the foreign exchange rate at the year-end rate. The credit for
the same amount has been given to ‘Foreign Exchange Translation Reserve’.

However, the C&AG while carrying out their review
u/s.619(3)(b) objected to the above accounting treatment of showing the amount
of USD 1,922 million paid to ABC towards financing acquisition cost of XYZ as
‘Advance’, as in their view, the amount should be shown as ‘Investment (Share
Application Money pending allotment)’ and, therefore should not be revalued in
accordance with Accounting Standard (AS) 13. Further, the C&AG questioned the
credit of the amount arising on revaluation of USD 53 million to ‘Foreign
Exchange Translation Reserve’ instead of taking it to the profit and loss
account, as in their view, the foreign exchange revaluation gain is of revenue
nature.

Query :

In view of the above stated facts, P.C. Ltd. sought the
opinion of the Expert Advisory Committee (EAC) on the appropriate accounting
treatment of advances so paid and treatment of foreign exchange gain/loss
arising on revaluation thereof.

EAC opinion :

EAC has taken the view that accounting treatment in the case
of P.C. Ltd. would depend upon whether the funds advanced to ABC for acquisition
of shares in XYZ and for meeting XYZ’s business requirements can be regarded as
a monetary item or as a non-monetary item. The Committee noted the Accounting
Standard (AS) 11 and came to the conclusion that shareholder’s investment
agreement with ABC only contains the intention to convert the said advance into
preference/equity shares, and no concrete modalities regarding nature of shares
(i.e., equity/preference shares), number of shares, face value, premium,
etc., have been decided till the balance-sheet date. The EAC noted that in
respect of an advance of USD 53 million P.C. Ltd. intends to convert this
advance also into equity/preference shares. However, no agreement in respect
thereof has been entered into or any modality for such conversion has been
decided till the balance-sheet date. Accordingly, the EAC is of the view that
both the advances are of the nature of monetary items. Further, the EAC is also
of the view that accounting treatment followed by the company for the treatment
of the advance of USD 1,975, revaluation of advances and credit of foreign
exchange revaluation gain to Foreign Exchange Translation Reserve is
appropriate.

(Refer pages 1248 to 1252 of C.A. Journal of February, 2011)

2. Our new President and Vice-President :


Shri G. Ramaswamy from Coimbatore has been elected as
President of ICAI on 12th February. Shri Jaydeep Shah from Nagpur has been
elected as Vice-President of ICAI on 12th February. Our greetings and best
wishes to both of them. We wish them a successful term of office in 2011-12.

3. New Chairman of NACAS :


Shri M. M. Chitale, Mumbai, former President of ICAI, has
been appointed as Chairman of National Advisory Committee on Accounting
Standards in place of Shri Y. H. Malegam w.e.f. 31-1-2011 for one year. This
committee is also reconstituted. We wish to convey our greetings and best wishes
to Shri Chitale and wish him and his colleagues a successful term of office in
2011-12.

4. New Minister for Corporate Affairs :


Shri Murli Deora from Mumbai has taken charge as the new
Minister of Corporate Affairs on 20-1-2011. He is known to be a seasonal
industrialist, a proactive social worker and a soft but determined leader. His
Ministry oversees the affairs of ICAI. Our greetings and best wishes to Shri
Deora. We wish him a successful term of office. (Page 1181)

5. MoU with Canada C.A. Institute :


ICAI has signed a MoU with Canadian Institute of Chartered
Accountants for reciprocal membership arrangements. This MoU will facilitate
mobility of members across the borders and further strengthen the ties between
India and Canada. The MoU will establish closer working linkages as well as
provide recognition for members of the two institutes in the respective
countries. (Press Note of ICAI dated 7-2-2011)

6. ICAI News :


(Note : Page Nos. given below are from C.A. Journal of
February, 2011)

(i) Recognition for PhD Courses for CAs :


Institute of Management, Kozhikode (Kerala) and National Law
School of India, Bangalore, have extended a facility to our members to pursue
Fellow Programme i.e., PhD programme. (Page 1149)

(ii) Arrangement with Microsoft :


Special pricing (at very low rates) has been worked out with Microsoft for ICAI members and students. This is a part of the Academic Licensing for providing the latest edition of MS Windows and MS Office. (Page 1149)

    iii) Significant achievements and major decisions by Council of ICAI in 2010:
    b) Details of some significant achievements by ICAI since February, 2010, are given on pages 1152 to 1168.

    a) Details of major Council decisions since February, 2010, are given on pages 1170 to 1180.

    iv) ICAI International Conference

International Conference on Role of Accountancy Profession in Sustained Economic Growth was organised by ICAI from 4th to 6th January, 2011, New Delhi. Highlights of the conference proceedings are given on pages 1186 to 1196.

    v) Tax issues from conveyance of IFRS with accounting standards:

ICAI has drafted 35 accounting standards after the convergence of IFRS and sent it to the Government for Notification under the Companies Act. (Refer Page 1152). A study group comprising some Council Members and representatives of CBDT was constituted for study of tax issues arising out of convergence of existing accounting standards with IFRC. This Group has prepared a position paper identifying these tax issues and making certain suggestions for amendments in the Income-tax Act and the Companies Act. This position paper is published on pages 1254 to 1263.

 (vi)  New books released by ICAI:

  (a)  Technical Guide on Audit of NBFCs.
  (b)  Practical Approach to General Insurance Management.
  (c)  Social Audit of Public Money.
  (d)  Excellence in Financial Reporting Illustrative Guide to Presentation and Disclosures.
  (e)  Drafting, Conveyancing, Registration and Stamping of Commercial and other Documents.
  (f)  Changing Times in Government Accounting — A Status Report.
  (g)  Study on Co-ordination of Internal Auditor with Functional Heads.
 
(vii)  New branches and buildings of ICAI:
The following new branches and buildings at branches have been opened by ICAI:
  (a)  Latur branch of WIRC.
  (b)  Ganganagar branch of CIRC.
  (c)  New building at Bhilai branch of CIRC.
  (d)  New building at Sangrur branch of NIRC.
   (Refer Page 1149)

ICAI And Its Members

ICAI and Its Members

1. Disciplinary Case


In the case of ICAI vs Shri Lokesh Dhawan (reported on page
1230 of C.A. Journal, February, 2010 issue), the member was a partner of a firm
of Chartered Accountants which was appointed as a statutory auditor of a public
sector bank. In the complaint filed by this bank, it was alleged that: (i) the
member had demanded and collected from the bank large sums of money as advance
for T.A. and other expenses. He had claimed expenses beyond the entitlement as
per the RBI guidelines, and did not refund the excess amount to the bank; (ii)
He had canvassed for procuring a computer business for his sister concern from
the bank by using his position as a statutory auditor; and (iii) He had hired
the services of a C.A. who was not his partner or employee, to conduct audit of
the bank.

The disciplinary body, after examining the evidence produced
by the parties, held that the member was guilty of “other misconduct”. The
council accepted this finding and referred the matter to the High Court to award
punishment to the member by removing his name from the Register of Members for
three months
.



The Delhi High Court has held that there is no definition of
the expression “other misconduct” in the C.A. Act. Therefore, the High Court
held that the interpretation of this expression should be left to the council of
ICAI. The council is the disciplinary body comprised of peers who have several
years of experience. Further, the High Court held that in this case, the member
was unable to demonstrate that the above decision of the council and its
recommendation for punishment was either procedurally flawed or that on merits
it was perverse or mala fide. Therefore, the High Court accepted the finding of
the council and ordered that the name of the member be removed from the Register
of Members for a period of three months.


2. Some Ethical Issues


The Ethical Standards Committee of ICAI has clarified some
issues for the benefit of its members on page 1216 of C.A. Journal, February
2010 issue. Some of the issues are listed

below.




(i) If a member is a partner in more than one firm, is it
permissible to print the names of all the firms on visiting cards,
letterheads, stationery, etc.?

A. There is no prohibition under Clause (7) of Part I of
the First Schedule to the C.A. Act.

(ii) Is a Chartered Accountant / Firm permitted to use logo
on letterheads, stationery, etc.?

A. The use of logo/monogram of any kind/form/style/design/colour
whatsoever on any display material or media, e.g., paper stationery,
documents, visiting cards, magnetic devices, internet or signboard by a
Chartered Accountant or a firm of Chartered Accountants is prohibited.
Use/printing of member/firm name in any other manner tantamount to a
logo/monogram is also prohibited. However, a common CA logo has been allowed
to members, provided it is used in the correct manner within the terms of the
council’s guidelines.

(iii) Is the office of a Chartered Accountant permitted to
go in for ISO 9001: 2000 certification or other similar certifications?

A. There is no bar for a member to go in for ISO 9001 :
2000 certification or other similar certifications. However, the member cannot
use the expression like “ISO Certified” on his professional documents,
visiting cards, letterheads or sign boards, etc.

(iv) If a member has passed any additional course of the
ICAI, is he permitted to print such qualification on visiting cards,
letterheads and other stationery ?

A. Under Clause (7) of Part I of the First Schedule to the
CA Act, a member is permitted to print such qualification on his visiting
cards, letterheads and other stationery. However, he cannot use the
designation “Information System Auditor’ or the like.

(v) Can a Chartered Accountant in practice accept audit in
case the audit fee of the previous auditor remains unpaid?

A. In case the undisputed audit fees for carrying out the
statutory audit under the Companies Act, 1956 or various other statutes have
not been paid, the incoming auditor should not accept the appointment unless
such fees are paid. In respect of other dues, the incoming auditor should, in
appropriate circumstances use his good office in favour of his predecessor to
have the dispute as regard the fees settled.


The council has taken the view that the provision of audit
fee made in the accounts signed by both the auditor and the auditee shall be
considered as ‘undisputed’ audit fees. In this connection, attention of members
is invited to the Council General Guidelines, 2008, dated 08.08.2008 (also
published on page 686 of the October 2008 issue of C.A . Journal). Under this
notification, a member in practice shall be deemed guilty of professional
misconduct if he accepts the appointment as an auditor of an entity in case the
undisputed audit fee of another Chartered Accountant for carrying out statutory
audit, under the Companies Act, 1956 or various other statutes, has not been
paid.

3. Accounting for foreign
exchange variation prior to commencement of commercial operation




Facts

A company is in the process of setting up a refin-ery in the state of Madhya Pradesh. It is procuring items relating to its plant and machinery for the construction of the refinery from foreign vendors. The transaction is recorded at the rate prevailing on the transaction date. The difference in foreign exchange variation between the transaction date and the settlement date is booked under ‘pre-operative expenditure pending capitalization’, on the ground that the company is yet to commence its commercial operations. No profit and loss account has been prepared by the company and only the necessary details, as per Part II of Schedule VI to the Companies Act, 1956 have been disclosed as ‘pre-operative expenditure pending capitalization’.

Based on the above facts, the company had sought the opinion of the Expert Advisory Committee regarding accounting for foreign exchange differences arising on settlement of liability for procurement of items of plant and machinery from abroad, prior to commencement of operation.

EAC  Opinion

The committee noted that Standard AS-11 was notified by the central government under the Companies (Accounting Standards) Rules, 2006 which came into effect in respect of accounting periods commencing on or after December 07, 2006. The notified AS-11 contains a footnote that ‘the accounting treatment of exchange differences contained in this Stan-dard is required to be followed irrespective of the relevant provisions of Schedule VI to the Companies Act,1956’.

On the basis of the above, the committee opined that in respect of transactions in foreign currencies entered into on or after April 01, 2004, but before March 31, 2007, the exchange difference arising on settlement of monetary liability (letter of credit) incurred for procurement of items of plant and ma-chinery from abroad should be adjusted to the cost of the related fixed assets. However, in accordance with AS-11 (revised 2003), the foreign exchange dif-ferences arising on or after April 01,2007 should be charged/credited to the profit and loss account of the period in which the same arise. While applying the above accounting treatment, the requirements of Para 4 (e) (read with its explanation) of AS – 16 “Borrowing Costs” should also be taken into con-sideration. Therefore, the committee is of the view that for this purpose, a profit and loss statement will have to be prepared by the company even during the construction phase. Hence, the foreign exchange differences should not be treated as indi-rect expenses relating to the project and, therefore, not be accumulated as pre-operative expenditure pending capitalization for allocation over the assets of the refinery. [Refer pages 1246 to 1247 of C.A. Journal, February, 2010 issue]


4. Implementation of  IFRS in  India

The Ministry of Corporate Affairs has issued a press note dated 22.1.2010 in which the roadmap for implementation of IFRS in India has been given as follows:

    i) There will be two separate sets of Accounting Standards u/s 211 (3C) of the Companies Act.
The first set would comprise of Indian Ac-counting Standards which are converged with the IFRS’s and which shall be applicable to the specified class of companies. The second set of Accounting Standards will comprise of the existing Indian Accounting Standards and will be applicable to other companies, includ-ing small and medium companies.

    ii) The first set of Accounting Standards (i.e., converged accounting standards) will be applied to specified classes of companies in phases as below:

    Phase – I : The following categories of companies will convert their opening balance sheets as on the first day of the financial year, commencing on or after 1st April, 2011, in compliance with the notified accounting stan-dards which are converged with IFRS. These companies are: (i) Companies which are part of NSE – Nifty 50; (ii) Companies which are part of BSE – Sensex 30; (iii) Companies whose shares or other securities are listed on stock exchanges outside India; and (iv) Companies, whether listed or not, which have a net worth in excess of Rs.1,000 crores.

    Phase – II : Companies, whether listed or not, having a net worth exceeding Rs. 500 crores but not exceeding Rs. 1,000 crores, will convert their opening balance sheet on the first day of the financial year commencing on or after 1st April, 2013, in compliance with the notified accounting standards which are converged with IFRS.

    Phase – III : Listed companies which have a net worth of Rs.500 crores or less will convert their opening balance sheet as on the first day of the financial year commencing on or after 1st April, 2014, in compliance with the notified accounting standards which are converged with IFRS.

    Companies which fall in the following categories will not be required to follow the notified
 accounting standards which are converged with the IFRS (though they may voluntarily opt to do so), but need to follow only the notified accounting standards which are not converged with the IFRS. These companies are:

    a) Non-listed companies which have a net worth of Rs. 500 crores or less and whose shares or other securities are not listed on Stock Ex-changes outside India.

    b) Small and Medium Companies (SMCs).

    iv) Separate roadmaps for banks and insurance companies will be announced at a later date. Necessary amendments in the Companies Act as well as Schedule VI of the Companies Act will be introduced during the next budget session of the Parliament.

5. Accounting and Auditing Standards

The following accounting and auditing standards have been issued by ICAI. The texts of these standards have been published in the February, 2010 issue of the C.A. Journal, on the pages mentioned below. It may be noted that the ‘Standards on Auditing’ will come into force for audit of financial statements for periods beginning on or after 1.4.2011. Other accounting and internal audit standards are recommendatory at present.

(i) Standard on Auditing (SA) 700 (Revised)
– Forming an Opinion and Reporting on Financial Statements (P. 1327 – 1338).

    ii) Standard on Auditing (SA) 705 – Modifications to the Opinion in the Independent Auditor’s Report. (P. 1339 – 1348).

    iii) Standard on Auditing (SA) 706 (Revised) – Emphasis of Matter Paragraphs and other Matter Paragraphs in the Independent Audi-tor’s Report (P.1349 – 1352).

iv)    Standard on Internal Audit (SIA) 17 – Consideration of Laws and Regulations in an Internal Audit (P.1353 – 1357).

v)    Accounting Standard for Local Bodies (ASLB) 5 – Property, Plant and Equipment (P.1358 – 1367).
(vi)    Accounting Standard for Local Bodies (ASLB) 6 – Events after the Reporting Date (P.1368– 1371).

    6. ICAI News

(Note: Page Nos. given below are from the C.A. Journal, February, 2010 issue)
 

    iii) CA Final Results

Results of the CA Final Examination, held in No-vember, 2009, were declared in January, 2010. It has been reported that the performance of students in the final examination has been very poor as compared to last four examinations. ICAI will have to study the reasons for this fall in the performance of students and take remedial steps to improve the position. The figures, as reported, are as hereunder:
    
i) CA T.N. Manoharan awarded PADMA SHRI

CA T.N. Manoharan, President of ICAI, 2006– 07, has been awarded the title of ‘PADMA SHRI’ by the President of India. It is a great honour and recognition for our profession. Shri Manoharan is from the BCAS family and a regular faculty member in most of BCAS’s programmes. Our greetings and best wishes to him on his achievement!

    ii) Branches of ICAI

    a) A new branch has been opened on 16.12.2009 at Gandhidham (WIRC). Further, branches will be opened at Ratlam, Pali, Ganganagar, Bhavnagar and Tirupati (Refer P. 1205 and 1310).

    b) New branch buildings (ICAI Bhavans) in-augurated at Vapi on 1.12.2009, Baroda on 13.12.2009, Ranchi on 15.12.2009, Guwahati on 18.12.2009, Vijaywada on 25.1.2010, Belgaum on 26.1.2010, Hubli on 26.1.2010, Pune on 26.1.2010, and Nashik on 27.1.2010. (Refer P. 1210).
 

    iv) Signature on Audit Reports

ICAI has decided that members should include the Registration No. of the firm, as allotted by ICAI in the audit reports and signed by them, in addition to other requirements relating to the signature on the audit report as prescribed under the relevant standard on auditing. Further, the auditor should ensure that the resolution passed by the company for appointment of the statutory auditor u/s 224 of the Companies Act, contains the Registration No. of the C.A. Firm. These requirements will come into effect from 1.4.2010 (P. 1312).


    v) Submission of Form112 by students for taking other courses

As a measure of amnesty, ICAI has decided that students who have not filed Form No.112 so far, can file the same on or before 31.3.2010. No request for condonation of delay in submitting Form No. 112 will be considered after 1.4.2010. (P. 1312)

    vi) Results of Elections to Central and Regional Councils

Details of members elected to the Central and Regional Councils for three years from February 2010 – 2013 have been published on P. 1314 – 1316.

    vii) New Office Bearers of WIRC

The following members have been elected as of-fice bearers of WIRC for one year from February 2010.

(a) Shri  Sanjeev  Lalan, Mumbai    – Chairman

(b) Shri Makrand Joshi, Nagpur    – Vice Chairman

    c) Shri Mangesh Kinare, Mumbai  – Secretary

    d) Shri Parag Rawal, Ahmedabad – Treasurer
 

Our greetings and best wishes to them for a successful term of office!

    viii) Our New President and Vice President

At the election held on 12.2.2010, the council has elected:

    Shri Amarjeet Chopra, New Delhi as our New President; and
    Shri G. Ramaswamy as our New Vice President

We convey our greetings and best wishes for their successful terms in office. We hope they will be able to provide better leadership to our profession during the year.

ICAI And Its Members

ICAI and Its Members

1. Disciplinary case :


In the case of ICAI v. Shri Raj Kumar N. Iyer, the
member had given tax audit report u/s.44AB of the Income-tax Act to his client.
The said audit report was not accompanied by the Balance Sheet, and Profit &
Loss Account as annexure to Form 3CD. During the course of
a survey u/s.133A, a few days after the said report was filed with the AO, it
was found that the assessee had no books of accounts. When the statement of the
member was recorded by the AO, he admitted that the assessee did not maintain
proper books of account as mentioned in the tax audit report. The member also
stated that no books of accounts were generated through the computer and,
therefore, he stated that (i) it was not possible to furnish Trading and Profit
& Loss Account and Balance Sheet, (ii) the opinion given in Form 3CB that the
accounts give true and fair view of the financial statements was not correct,
and (iii) the audit report should be treated as incorrect.

On these facts, the Assessing Officer complained to the
Institute that the member had given a false audit certificate in Form 3CB and
3CD and, therefore, he was guilty of professional and/or other misconduct.

In the disciplinary proceedings, the member pleaded guilty
under Regulation 15(2) of the C.A. Regulations. Therefore, he was held to be
guilty of professional misconduct under Clause (8) of Part I of the Second
Schedule. The Council referred the matter to Bombay High Court with a
recommendation to reprimand the member.

At the time of hearing, the member did not attend before the
High Court. However, the High Court has taken the view that since the member has
admitted the guilt, he deserves a lenient punishment. On this basis the High
Court accepted the recommendation of the Council and ordered that the member be
reprimanded. (C.A. Journal for February, 2009 — Page 1377).

2. New office bearers of the Council :


The Council of ICAI has elected new office bearers for
2009-10 on 5-2-2009. 4 Standing Committees and 36 Non-standing Committees are
also elected as under :

(i) Shri Uttam Prakash Agarwal from Mumbai is elected as
President. Our greetings and best wishes to him for a successful term of
office.

(ii) Shri Amarjit Chopra from New Delhi is elected as
Vice-President. Our greetings and best wishes to him for a successful term of
office.

(iii) Executive Committee — President, Vice-President, C.A.
V. C. James, Abhijit Bundopadhyay, K. P. Khandelwal and V. K. Garg.

(iv) Examination Committee — President, Vice-President,
C.A. R. S. Adukia, Preeti P. Mahatme, J. Venkateswarlu, Manoj Fadnis and Shri
K. R. Maheshwari.

(v) Disciplinary Committee (Old Cases) — President,
Vice-President, C.A. G. Ramaswamy, K. K. Gupta and Shri O. P. Vaish.

(vi) Disciplinary Committee (New Cases) — President, C.A.
S. Santhanakrishnan, Anuj Goyal, Shri R. K. Handoo and Shri M. P. Lohia.

(vii) Board of Discipline (New Cases) — President, C.A. K.
P. Khandelwal and Shri S. K. Nayak.

(viii) Chairmen of some of the Other Committees :


3. The Companies Bill, 2008 :


The Companies Bill, 2008 has been introduced in the Lok Sabha
on 23-10-2008 to replace the existing Companies Act, 1956. There is no proposal
about rotation of statutory auditors in the Bill. However, some of the
provisions are proposed to ensure that the independence of statutory auditors is
not impaired. In brief, these provisions are as under :

  • Special Resolution will be required if an auditor, other than the retiring auditor, is proposed to be appointed.

  • An auditor who has direct financial interest in the company or who receives any loans or guarantee from the company or who has any business relationship (other than as an auditor) with the company cannot be appointed as auditor.

  • A person whose relative is in employment of the company as a director or key managerial personnel cannot be appointed as auditor.

  • If a firm is appointed as auditors, only a partner of the firm, as authorised by the firm, can sign the audit report on behalf of the firm.

  • An auditor cannot accept any other assignment from the company like accounting, book keeping, internal audit, design and implementation of any financial information system, actuarial services, investment advisory services, investment banking services, financial services and management services.

  • Audit report shall state whether the financial statements comply with the accounting standards and auditing standards. It may be noted that the National Advisory Committee appointed by the Government will now be required to advise the Government about accounting standards as well as auditing standards. In other words, the auditors will have to comply with auditing standards laid down by the Government on the advice of the National Advisory Committee.

  •  Auditor shall have a right to attend every annual general meeting and shall have a right to be heard at such meeting on any part of the business conducted at the meeting.

  • If the auditor makes default in complying with the provisions relating to reporting on the financial statements, provisions prohibiting rendering of other services, and allowing any person other than an authorised person to sign audit report, he shall be liable to pay fine of Rs.25,000, which may extend to Rs.5 lacs. If it is found that the auditor has knowingly or willfully contravened any of the above provisions, he shall be punishable with imprisonment for a term up to one year or with fine of Rs.1 lac, which may extend to Rs.25 lacs or with both. It is also provided that in such cases, the auditor will have to refund the fees and also pay for damages to the company or to any other persons for loss arising out of incorrect or misleading statements of particulars made in the audit report.

From the above provisions proposed in the Companies Bill, 2008, it will be noticed that these provisions are more stringent and are being introduced with a view to achieve the goal to strengthen the independence of statutory auditors and improve quality of audit. It appears that the Government is keen to ensure that the independence of statutory auditors is not affected by any weakness in the corporate governance.

4. Accountancy Museum:

ICAI – Accountancy Museum was opened at ICAI Bhavan, Noida, on 2-2-2009. The museum presents rare and historic images (evidence of the oldest balance sheet in human civilisation) and documentary evidence of the evolution of accountancy in India. The items on display include the minutes of Indian Accountancy Board (responsible for the birth of the Institute), first gold medals of R.A. final and CA final examinations, first annual report of the Council, our own first balance sheet, rare photographs and so on. It presents very unique images including documents that have been acquired from the British Museum, London, and other private collectors from India as well as abroad. This museum will serve as a great source of learning, inspiration and professional pride for all of us.

5. Results  of CA.  Examinations:

i) CPT (December, 2008) – out of 89,253 (including 11,588 girls) students who appeared, 34,251 (38.3%) passed CPT examination.

ii) Final (November, 2008) – Both Groups – Out of 14,606 students who appeared, 2,961 (20.27%) passed.

Group I – out of 6,588 students who appeared, 1,235 (18.76%) passed.

Group II – out of 9,235 students who appeared, 1,952 (21.13%) passed.

6. MoU with CPA Australia:

ICAI has signed  MoU with  CPA Australia.  As per the MoD reached, members of ICAI who are graduates will be eligible for CPA Australia membership on passing one paper on Business Strategy & Leadership. On the other hand, members of CPA Australia will be eligible for ICAI membership, subject to passing two papers on Corporate and Allied Laws and Taxation and two more papers on Advanced Auditing and Professional Ethics and Financial Reporting, if they have not already passed them as part of the CPA Australia programme.

This MoU will open professional opportunities to our members in Australia and this will bring the two countries, India and Australia, closer.

7. Auditing Standards:

The following Auditing Standards are issued and published in C.A. Journal for February, 2009 on pages stated below:

i) Standard on International  Audit  (SIA) 12

Internal  Control  Evaluation   (Page 1444-1448)

ii) Standard  on Internal Audit  (SIA) 13

Enterprise  Risk Management  (Page 1449-1450)

iii) Revised Standard  on Auditing  (SA) 530

Audit  Sampling (Page 1451-1456)

iv) Revised Standard  on Auditing  (SA) 540

Auditing Accounting Estimates, including Fair Value Accounting Estimates and Related Party Disclosures.

8. ICAI News:

(Note: Page Nos. given below are from CA. Journal for February, 2009)

i) Enhancing Audit  Quality:

Some observations made by the Financial Reporting Review Board are listed on Page 1417 in order to enable members to improve the quality of audit of corporate bodies. These observations relate to presentation under various heads in Balance Sheet and Profit & Loss AI c. as required under Parts I and 11 of Schedule VI of the Companies Act.

(ii) Certificate Course on Enterprise Risk Management:
The Internal Audit Standards Board of ICAI has launched the above course for our members. The duration of this course is 200 hours spread over 6 weekends. Details are given on Page 1431.

iii) ICAI publications:

a) Manual  on Concurrent  Audit  of Banks.

b) Technical Guide on Review and Certification of Investment Risk Management Systems and Process of Insurance Companies.

c) Guide to Implementing Enterprise Risk Management.


ICAI And Its Members

ICAI and Its Members

1. ICAI News :

(Note : Page Nos. given below are from C.A. Journal
for May, 2010)

(i) Multipurpose Empanelment Application Form (MEF) for the
year 2010-11 for empanelment for audit assignments has been hosted on
www.meficai.org on 1-5-2010. Last date for submission of MEF is 15-6-2010. Hard
copy of the declaration is to be sent to ICAI, New Delhi before 30-6-2010. Out
of the total applications up to 10% applicants will be called upon to submit (a)
Financial Statements of the Firm, (b) Partnership Deed effective on 1-1-2010,
and (c) copies of acknowledgement of latest Income-tax Returns, computation of
income and the latest assessment orders of the Firm and Partners. (Page 1736).

(ii) SEBI has issued a Circular on 5-4-2010 whereby the
listing agreements of all listed companies are amended. Some of the new
requirements, concerning auditors, as per the Circular are as under :

(a) Auditors of the company will have to give certificate
for accounting treatment under schemes of arrangement on account of
amalgamation/merger/reconstruction, etc. of listed companies to be submitted
to the concerned stock exchange. The auditors will be required to issue a
certificate to the effect that the accounting treatment contained in such
schemes is in compliance with all the applicable accounting standards.

(b) In relation to the requirement of a valid peer review
certificate for statutory auditors, in respect of all listed entities, limited
review/statutory audit reports submitted to the concerned stock exchanges
shall be given only by those auditors who have subjected themselves to the
peer review process of the ICAI and who hold a valid certificate issued by the
‘Peer Review Board’ of the ICAI.

(c) Limited review report and statutory auditor’s reports
are modified to make it clear that disclosures pertaining to details of public
shareholding and promoters’ shareholding, including details of
pledged/encumbered shares of promoters/promoter group, contained in the format
have been traced from disclosures made by the management; and

(d) In order to ensure that the CFO has adequate accounting
and financial management expertise to review and rectify the financial
statements as required under Clause 49 of the Listing Agreement, the
appointment of the CFO is approved by the Audit Committee before finalisation
of the same by the management and the Audit Committee, while approving the
appointment, shall assess the qualifications, experience and background, etc.
of the candidate. (Pages 1753-54)





(iv) Special Placement Programme for experienced CAs :


Special Placement Programme for experienced and fresh
Chartered Accountants has been organised by ICAI in the month of June, 2010 as
under :

Centre Dates
(a) Mumbai and New Delhi
25-26 June, 2010
(b) Bangalore, Chennai,
Kolkata and Hyderabad
23-24 June, 2010
(c) Jaipur and Pune 22 June, 2010

CAs who have qualified before 10-5-2010 as well as those who
have experience of more than one year can participate in this programme. (Page
1862)

(v) Campus Placement Programme :


In the last issue of BCA Journal (Page 124) results of the
First Phase of the campus placement programme organised by ICAI in Feb-Mar, 2010
were given. Now results of the Second Phase of this programme are published. The
highlights of this phase are as under :

(a) Brief summary for both phases of the programme :


No. of candidates registered — 2931

No. of interview teams — 99

No. of organisations — 94

No. of jobs offered — 1411

% of jobs offered — 48.11%

(b) Phase II — Important Centres :


Centres
Candidates registered No. of interview teams No. of jobs offered

Ahmedabad
158  8 29

Chandigarh
337 5 24

Hyderabad
201 19 106

Jaipur
370 9 51


Note?: Annual salary offered — Highest (international) $ 1.5 lacs (about Rs.70 lacs), Highest (Indian) Rs.10.82 lacs, Minimum Rs.3.24 lacs and Average Rs.6.58 lacs. (Page 1870)

    2. Non-compliance with reporting obligations:

Financial Reporting Review Board (FRRB) has observed some discrepancies in compliance with Accounting Standards in published Financial Statements of some of the companies. In brief some of the important observations of the committee are as under. Members may note these observations.

    i) AS 1 — Disclosure of Accounting Policies:

    a) Certain enterprises merely state in their accounting policy relating to revenue recognition that the revenue has been recognised on the basis as stipulated under AS-9, Revenue Recognition. Such disclosure cannot be considered as adequate disclosure under AS-1. The accounting policy as adopted by the enterprise with respect to timing of recognition of revenue arising from sales revenue, interest income, royalty income and dividend income should be considered as one of the most important accounting policies for any organisation and it should be disclosed separately.

    b) Paragraph 24 of the AS-1 requires that all significant accounting policies adopted in the preparation and presentation of financial statements should be disclosed. The financial statements of the enterprises provide a detailed note on accounting policies as adopted by them. However, they often omit to disclose accounting policies with regard to the borrowing costs, valuation of inventories, accounting for investments, impairment of assets, provisions, contingent liabilities and contingent assets. It was felt that enterprises normally, borrow funds, hold inventories as well as investments and also possess certain assets which may be subject to impairment. Further, there is always a need to carry certain provision to meet their future liabilities. Accordingly, subject to circumstances, enterprises are expected to also disclose the accounting policies as adopted by them with regard to borrowing costs, valuation of inventories, accounting for investments, impairment of assets and provisions, contingent liabilities and contingent assets.

    ii) AS-2 — Valuation of inventories:
Some enterprises recognise the customs duty on inventory as and when the goods are cleared from customs warehouse. As such, no provision for customs duty is made on the goods lying in the warehouse. It is contrary to the requirement of the AS-2. It may be noted that as per paragraph 6 of the AS-2, the cost of inventories should comprise all costs of purchases, costs of conversion and other costs incurred in brining the inventories to their present location and condition. Since the customs duty is a cost incurred in bringing the goods to its present location and condition, therefore, the liability to pay such duty should be recognised as and when the goods enter the territorial waters of the country. (Page 1871)

    3. Deferred tax assets — What is virtual certainty?

Expert Advisory Committee (EAC) has given the following opinion on this subject on Pages 1755-1757.

    i) Facts:

A public sector company is engaged in construction of ships and ship repair activities. The company has an accumulated loss of Rs.847.42 crore as on 1-4-2008 and a deferred tax asset of Rs.102.36 crore. As per the Income-tax Returns filed by the company and income-tax assessments, the amount of unabsorbed depreciation and carried forward losses of the company is Rs.255.51 crore. The company has also realised deferred tax asset to the extent of Rs.6.66 crore in the financial year 2007-08.

The Auditors have taken the view that there is no virtual certainty supported by convincing evidence that sufficient future taxable income will be available against which deferred tax assets (DTA) can be realised. The company has given several reasons to support its stand that sufficient income will be available in future years against which a DTA can be adjusted.

    ii) Query:

The company referred the following query to EAC for its opinion.

The querist has sought the opinion of the Expert Advisory Committee as to whether the accounting for deferred tax assets by the company is in compliance with AS-22, based on the inputs as stated above in respect of virtual certainty of future taxable income.

(iii) Opinion:
The EAC has considered the above facts, views of the Auditors and the submissions of the company. It has also considered para 17 and 18 of AS-22 dealing with ‘Accounting for Taxes on Income’. In particular, reference is made to Explanation below para 17 of AS-22 (ASI-9) and stated in para 11 of the opinion as under.

On the basis of the above, the Committee is of the view that the orders secured by the company, as mentioned by the querist in paragraph 3(a) to (c) above, may be considered while creating deferred tax asset provided these are binding on the other party and it can be demonstrated that they will result in future taxable income. However, mere projections made by the company indicating the earning of profits from future orders contemplated in paragraphs 3(a) and above, or financial restructuring proposal under consideration of the Government of India or the fact that the books of account of the company are prepared on ‘going concern’ basis as mentioned by the querist in paragraphs 3(d) and (e), respectively, may not be considered as convincing evidence of virtual certainty as contemplated in the ‘Explanation’ to paragraph 17 of AS-22 reproduced above. Further, the mere fact that the items covered u/s.43B of the Income-tax Act, 1961, the provision for liquidated damages, doubtful advances, guarantee repairs and other contingencies, and unabsorbed depreciation can be carried forward for unlimited number of years, can also not be a ground for recognizing a deferred tax asset, as mentioned by the querist in paragraphs 3(f), (g) and (h), respectively, since paragraph 17 of AS-22 read with its ‘Explanation’, requires virtual certainty supported by convincing evidence at the date of the balance sheet. The Committee also wishes to point out that a deferred tax asset can be created to the extent that future taxable income will be available from future reversal of any deferred tax liability recognised at the balance sheet date. To that extent, it would not be necessary to consider the level of virtual certainty supported by convincing evidence.

On the above reasoning the opinion of the Committee is that accounting of DTA by the company is in compliance with AS-22 to the extent stated in para 11 of its opinion.

    4. Accounting Standards:

Accounting Standards Board (ASB) has issued further exposure drafts revising the following Accounting Standards and also issued two exposure drafts of New Accounting Standards after convergence with the International Financial Reporting Standard (IFRS) and International Accounting Standards (IAS) for public comments.

    A. Revised Standards:

    i) AS-9 (Corresponding to IAS-18) — Revenue
    ii) AS-15 (Corresponding to IAS-19) — Employees Benefits.
    iii) AS-17 (Corresponding to IFRS-8) — Operating Segments.
    iv) AS-18 (Corresponding to IAS-24) — Related Party Disclosures.
    v) AS-20 (Corresponding to IAS-33) — Earnings per share.
    vi) AS-26 (Corresponding to IAS-38) — Intangible Assets.
    vii) AS-29 (Corresponding to IAS-37) — Provisions, Contingent Liabilities and Contingent Assets.

    B. New Standards:

    viii) AS-38 (Corresponding to IAS-41) — Agriculture.
    ix) AS-39 (Corresponding to IFRS-4) — Insurance Contracts.

    5. Standards on Review Engagements:

The following Standards on Review Engagements (SRE) have been published at pages stated below. These apply to Financial Statements for periods beginning on or after 1st April, 2010?:

    i) Standard on Review of Engagements (SRE) 2400 (Revised) — Engagements to Review Financial Statements. (Pages 1879-1884)

    ii) Standard on Review of Engagements (SRE) 2410 — Review of Interim Financial Information performed by the Independent Auditor of the Entity. (Pages 1885-1897)

ICAI And Its Members

1. Disciplinary Case

    In the case of ICAI vs. Y.M. Mansuri, the Commissioner of Income tax filed a complaint alleging that, in his statement u/s. 131, the member admitted that the audit u/s. 44 AB of the Income- tax Act in his clients’ case was conducted in January/February but the audit report in Form 3CB was backdated i.e., 30th October to avoid penalty in his clients’ case u/s. 271 B. It was noticed that there were no markings in the books of accounts of the assessee and it was found that the books and other records were not verified and that audit report u/s. 44 AB was given without conducting the audit.

    The Disciplinary Committee as well as the Council of ICAI found the member guilty of professional misconduct and recommended that the name of the member be removed from the Register of Members for a period of six months.

    The Gujarat High Court has accepted the above findings of the Disciplinary Committee and the Council of ICAI. The defence of the member was that there was no loss of Government revenue. The High Court has observed, “Though, in financial terms, the member may be correct in stating that there is no loss of revenue, but the said contention is bereft of any substance when the underlying idea of obtaining tax audit report is considered”. The High Court has also observed, “Once statutory obligation is cast on a person and such statutory obligation provides for a period of limitation within which a particular document is required to be submitted, failure to do so within prescribed period of limitation is, by itself, liable to be visited with penalty, unless explained by a reasonable cause.” In conclusion the High Court has accepted the recommendation of the Council of ICAI to remove the name of the member from the Register of Members for six months (C.A. Journal, May 2009, page 1879).

2. Accounting for expenditure on development of corporate portal

    The Expert Advisory Committee (EAC) of ICAI has given the following opinion in the case of a Government company at Pages 1882-83 of C.A. Journal for May, 2009.

(i) Facts

(a) During the year 2005-06, the company had awarded a contract for design and development of corporate portal of the company to M/s. XYZ Ltd. at Rs.32.20 lacs. The corporate portal is leveraging the web/Internet technologies/tools for dissemination of information and allows a familiar, easy to use web. The portal is being accessed through Internet and/or Intranet. The portal is facilitating the users throughout the enterprise to access a wide variety of information, e.g., company’s announcements, tender calendar, etc. Also employees of the company can view human resource details. Portal is also helping in the speedy and efficient dissemination of information.

(b) The company has stated that an amount of Rs.32.20 lacs was incurred on development of the web portal. As per the accounting policy adopted by the company, the amount incurred on development of the web portal was capitalised along with the computer/server. A disclosure in this regard was given in the notes to the accounts.

(c) During the course of audit, the C & AG suggested that Rs.32.20 lacs should be separately shown as an Intangible Asset as required under AS -26 dealing with ‘Intangible Assets’. According to the company it was clarified that in its case AS-10 dealing with ‘Accounting for Fixed Assets’ was applicable.

(ii) Issue before EAC

The company sought opinion of EAC on the question as to whether AS-10 or AS-26 applied in such a case.

(iii) Opinion of EAC

    EAC has observed in para 11 of its opinion as under :

    “11. The Committee notes from the facts of the case that the company has capitalised the application software internally developed by the company along with the web application server and data-based server for which the reason is stated to be that the application software is an integral part of the web application server and data-based server and that the said computer machines were not supposed to be operated as stand-alone machines. In this regard, the Committee notes that application software is a software program running on the top of the operating system that has been created to perform a specific task for a user. The said computer machines can still be run through the operating system without the application software, though not for the desired tasks. Thus, the Committee is of the view that the application software cannot be treated as an integral part of the related machines and cannot be capitalised along with the said computer machines. Accordingly, in the view of the Committee, the computer software under consideration should be treated as separate internally developed intangible asset, provided it meets the requirements of AS-26.”

3. Peer review of audit firms of listed companies

    An important announcement of ICAI on this issue is at page 1991 of C.A. Journal for May, 2009. This reads as under :

“The Council of ICAI accepted the recommendation of SEBI that for appointment as an auditor of listed companies for accounting periods commencing on or after April 1, 2009 the auditor firms/practice units must have a certificate from the Peer Review Board of the Institute. Further, the Council also accepted the recommendation of SEBI that the financial statement of an unlisted company coming out with an initial public offer (IPO) should also be certified by the audit firms/practice units who have been issued a certificate from the Peer Review Board. The firms who have already been selected for peer review and their review is in progress at different stages may gear up their peer review process and ensure that their final report is submitted by the reviewer to the Board at the earliest. In order to complete the peer review exercise timely and smoothly, all the practice units and reviewers are hereby requested to expedite their peer review process. Firms who are interested in getting themselves peer reviewed may contact the Peer Review Board by emailing their request at peerreviewboard@icai.org. The mail should also indicate whether the firm is undertaking audit of listed companies as of now. For any further queries you may contact CA. K. Raghu, Chairman, Peer Review Board at kraghu9999@gmail.com.”

4. Internal auditor cannot be tax auditor– Clarification by ICAI

The Council in its 281st meeting held from 3rd to 5th October, 2008 decided that an internal auditor of an assessee, whether working with the organisation or an independently practising Chartered Accountant being an individual chartered accountant or a firm of chartered accountants, cannot be appointed as its tax auditor.

The said decision came into force from December 12, 2008. As per the decision an internal auditor cannot carry out tax audit on or after December 12, 2008. Subsequently, representations have been made pointing out the hardship being caused by the above said decision in respect of those internal auditors who have been appointed as tax auditors for the financial year 2008-09 on or before December 12, 2008. The Council considering this hardship has decided that the decision taken by the Council at its meeting between 3rd to 5th October, 2008 shall be applicable to all appointments as tax auditor made on or after December 12, 2008 and accordingly those internal auditors whose appointments have been made as tax auditors before December 12, 2008, can carry out the tax audit of the financial year ending on March 31, 2009, i.e., Assessment Year 2009 – 10 only.

5. ICAI move to check dummy articleship


ICAI has prepared action plan to check the system of dummy articles hip which appears to be prevalent in the profession. The following Notification dated 27.3.2009 is published on page 1983 of CA. Journal for May, 2009.

a) The coaching classes shall not continue after 9.30 a.m./or start before 5.30 p.m. so as to enable the articled/ audit assistants to concentrate wholly on practical training.

b) Members of the Institute who are engaged in coaching be advised not to undertake coaching  between 9.30 a.m. and 5.30 p.m.

c) An articled assistant should undergo practical training in accordance with the guidelines of the Institute between 10.30 a.m. and 5.30 p.m. During the period an articled assistant shall not be permitted to attend colleges / other institutions for graduation or any other course.

d) Every articled/ audit assistant shall submit once in a year a specific declaration duly countersigned by the principal to the effect that he is regularly attending training and his college hours do not clash with his articles timings and that no coaching is undertaken by him between 9.30 a.m. and 5.30 p.m. on any working day. In the event of breach of these guidelines and not taking permission as required, the articles already undergone shall be derecognised for such period as the Institute may decide.

e) Every articled/audit assistant shall be required to maintain mandatorily the Work Diary in the form to be prescribed by the Board of Studies.

f) The Institute to call for at random training report along with attendance record and stipend details and also Work Diary maintained by articled / audi t assistant from any member / firm in respect of any articled assistant at any point of time during the period of practical training for verification.

g) In case an articled  assistant  is found  not undergoing articles in the manner prescribed, he shall be debarred from appearing in the exam up to 3 consecutive exams besides cancellation of such period of articles. The concerned member who allowed such an articled assistant be subject to punitive action besides withdrawing either partly or fully his eligibility to train articled assistant. In Peer review, the reviewer be required to verify whether training is imparted to the articled assistant in the manner prescribed.

h) No request for termination of articles is entertained from any articled assistant in general and more particularly during the first six months and also during the last twelve months of articles except as provided in the Regulations. In the event of termination, his articles shall not be registered in the same city.

i) No request of an articled assistant for termination (transfer) of articleship shall be considered unless his/her working parent(s) is/are transferred from the city / place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such
termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent (s) and shall not re-register articles in the same city or within 50 kms radius of the city where he/she has undergone articles prior to such termination.

j) If the articled assistant is not able to serve the articleship for specified genuine medical reasons, thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of articleship.

k) In the event of misconduct  involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct.

l) Termination of articles be permitted on such other justified circumstances as my be deemed genuine by the Council.

m) While forwarding the Form No.109 the principal shall state specifically the clause (the relevant clause mentioned above) under which the articles have been terminated.

6. ICAI News

(Note:    Page Nos. given below  are from C. A. Journal  for May, 2009).

i) Working hours of articled assistants

In May, 2009, issue of BCA Journal some details on the above issue were given from a communication of the secretary dated 3.4.2009. Now detailed guidelines on the subject are published on page 1989.
 
ii) Amendment   of Form  3 CD u/s. 44 AB

In Form 3 CD after item No.17, item No.17 A as under is added-

“17A. Amount of interest inadmissible under Section 23 of the Micro, Small and Medium Enterprises Development Act, 2006”. (Refer page 1876).

iii) Panel  of arbitrators

ICAI is maintaining a panel of arbitrators. The names of the members who have undergone the Certificate Course successfully as stated on page 1932 is included in the panel.

iv) Guidelines   for network

The guidelines for network amongst the firms of Chartered Accountants have been revised. The revised guidelines are published at pages 1964-1969.

v) Perspective  Planning  Committee

The Perspective Planning Committee of ICAI has submitted its Survey Report in February 2009. Detailed findings of this survey can be obtained from ICAI website’ Announcements’ page dated 6.2.2009. Synopsis of this report is published at pages 1974-1977.

vi) Membership   fees  for 2009-10

The membership fees for 2009-10 are due on 1.4.2009. Announcement for this purpose is at page 1988.

(vii) Formation of CPE Study Circles for members in industry

ICAI has developed the norms for formation of CPE study circles which will cater the needs of members in industry – Details of these norms are published on pages 1992-1995.

(viii)Advisory for Multipurpose Empanelment Form for 2009-10

The last date for submitting of applications for Empanelment Form in 15.6.2009. This Form has been simplified and the same has been published on pages 1996-2000.

ix) Accounting Standard (AS-11)

In May 2009 issue of BCAS Journal the issue relating to amendment of AS-ll dealing with ‘The Effects of Changes in Foreign Exchange Rates’ has been discussed. ICAI has now clarified that this amendment is applicable to corporates registered under the Companies Act, 1956. In other words, AS-ll as issued by ICAI will apply to all entities other than companies. It may be noted that by this amendment of AS-II, para 46 is added in AS-11 by Government Notification. Para 46 gives option to follow the revised procedure to all enterprises. Therefore, it is difficult to understand how the amendment can be restricted to only companies. Let us hope that ICAI reconsiders its view.

x) New  publications   of ICAI

a) Technical Guide on Information Systems Audit (P.1982).

b) Technical Guide on Systems Audit of Stock Brokers (P.1982).

c) Technical Guide on Share Valuation (P.1984).

d) Technical Guide on Revenue Recognition for Software (P.1984).

e) Technical Guide on Accounting for Micro-Finance Institutions (P.1985).

f) Technical Guide on Internal Audit of StockBrokers (P.1986).

ICAI And Its Members

ICAI and Its Members

1. ICAI News :


(Note : Page Nos. given below are from C.A. Journal
for June, 2010)

(i) A New Grievance Resolution Mechanism (e-sahaayataa)
:


‘e-sahaayataa’ is the only e-channel for the entire base of
members and students of the Institute and other stakeholders of the profession,
wherein all their queries/complaints/grievances pertaining to the day-to-day
working shall be catered to and be resolved in a time-bound and transparent
manner. This service is available on ICAI website (htpp://www.icai.org/help).

Objectives :


  • To provide timely
    services to all the stakeholders of the profession throughout the globe.

  • To resolve the
    query/complaint/grievance within 3-7 days from the date of submission of the
    same.

  • To eliminate the
    operational bottlenecks and smoothen the flow of the education process of
    Chartered Accountancy.

Key statistics :

Total
queries/complaints/grievances submitted till May 20,2010
1742
Total
queries/complaints/grievances resolved till May 26, 2010
1689
Total
queries/complaints/grievances under the process
53

Scope :

‘e-Sahaayataa’ caters only to the
queries/complaints/grievances pertaining to the day-to-day working of the
Institute which are general in nature. This facility is not meant for
registering or making allegations, personal observations and personal comments.
(Page 1918)

(ii) Implementation of S. 51A of Unlawful Activities
(Prevention) Act, 1967 :


ICAI has issued the following announcement on Page 2046.

The provisions of the Unlawful Activities (Prevention) Act,
1967 were amended in 2008, by inserting S. 51A which was notified on 31-12-2008
by the Government of India. S. 51A reads as under :

“51A. For the prevention of, and for coping with terrorist
activities, the Central Government shall have power to :

(a) freeze, seize or attach funds and other financial
assets or economic resources held by, on behalf of or at the direction of the
individuals or entities listed in the Schedule to the Order, or any other
person engaged in or suspected to be engaged in terrorism;

(b) prohibit any individual or entity from making any
funds, financial assets or economic resources or related services available
for the benefit of the individuals or entities listed in the Schedule to the
Order or any person engaged in or suspected to be engaged in terrorism; and

(c) prevent the entry into or the transit through India of
individuals listed in the Schedule to the Order or any person engaged in or
suspected to be engaged in terrorism.”

In order to implement the provisions of S. 51A effectively,
the Ministry of Home Affairs, Govt. of India requested the Ministry of Corporate
Affairs to issue an appropriate order to ICAI, ICSI and ICWAI to sensitise their
members to the provisions of S. 51A of the Unlawful Activities (Prevention) Act,
1967. Accordingly the Ministry of Corporate Affairs vide its letter dated
22-3-2010 asked the ICAI to advise its members to act as per mandate of the
Ministry of Home Affairs.

Accordingly, all members of ICAI are informed that as and
when any member comes across any such fact which is connected with the
violation(s) of provision(s) of the Unlawful Activities (Prevention) Act, 1967,
he must take action forthwith for the implementation of S. 51A as per procedure
laid down in the Office Memorandum dated 22-2-2010 issued by the Ministry of
Home Affairs, Government of India.

In other words, the members of ICAI must ensure that in case
any of their client match with the particulars of designated individual/entity,
as per Order dated 8-7-2009, wherein the list of such designated
individual/entities have been given, they shall immediately, not later than 24
hours from the time of finding out such client, inform full particulars to the
Joint Secretary (IS.I), Ministry of Home Affairs, at Fax No. 011-23092569 and
also convey over telephone on 011-23092736. The particulars apart from being
sent by post should also be conveyed on e-mail id:isis@nic.in.

(iii) ICAI publications :


The following Technical Guides are issued by ICAI :

(a) Technical Guide on Internal Audit of Construction
Industry

(b) Technical Guide on Internal Audit of Educational
Institutions

(c) Technical Guide on Accounting for Development
activities of SEZs. (Pages 2048-2049)





2. Accounting Standards :

The Accounting Standards Board has issued further exposure drafts revising the following Accounting Standards and also issued exposure drafts of New Accounting Standards after convergence with the IFRS/IAS for public comments :

    i) Revised Standards :

    a) AS-22Income Taxes(corresponding to IAS-12)
    b) AS-24Non-Current Assets held for Sale and Discounted Operations (corresponding to IFRS-5)
    c) AS-27Interests in Joint Ventures(corresponding to IAS-31)
    d) AS-28 Impairment of Assets(corresponding to IAS-36)

    ii) New Standards :

    a) AS-33 Share-based Payment (corresponding to IFRS-2)

    b) AS-36 Accounting and Reporting by Retirement Benefit Plans (corresponding to IAS-26)

    3. Capitalisation of expenditures in re-spect of projects under construction (EAC Opinion) (Pages 1937-1938) :

Facts :

A government company is engaged in the construction and operation of thermal power plants in the country. The company has also diversified into hydro-power generation, coal mining and oil & gas exploration, etc. The company is an electricity generation company and is governed by the provisions of the Electricity Act, 2003. The company prepares its annual financial statements as per the provisions of t h e Companies Act.

The company has three-tier organisation structure consisting of projects/stations, regional headquarters and corporate office. The company is undertaking constructions of a number of new power projects at the greenfield sites as well as expansion of existing projects. Some of the key activities related to the construction projects, such as design & engineering, award of major contracts, post-award contract management, project monitoring, etc. are performed centrally at the corporate office. The expenditure of engineering, contracting, project monitoring, hydro region head-quarters, coal mining and finance concurrence departments were considered as expenditure during construction and allocated through the project under construction/expansion on systematic basis i.e., capital expenditure incurred during the year at these projects. Expenses of other departments providing common services were charged to the statement of profit and loss. Further, administration and general overhead expenses attributable to construction of fixed assets incurred till they were ready for their intended use were identified and allocated on a systematic basis to the cost of related assets. However, the government auditor observed that administration and other general overhead expenses were usually excluded from the cost of fixed assets since they did not relate to a specific fixed assets, while the company has allocated expenses relating to the divisions on the ground that they perform functions relating to construction only. Hence according to Auditors the allocation of expenses was not in accordance with AS-10.

Query :

On these facts, the company has sough the opinion of the Expert Advisory Committee (EAC) as to whether allocation and capitalisation of expenses related to the identified departments of corporate office and the regional headquarters which were engaged in project engineering, designing, contract management and project monitoring activities, etc. to/at the project under construction/expansion was correct.

EAC Opinion :

After considering paragraphs 9.1, 9.2 and 10.1 of AS-10 the Committee observed that the basic principle to be applied while capitalising an item of cost to a fixed asset/project under construction/ expansion is that it should be directly attributable to the construction of the project/fixed assets for brining it to its working condition for its intended use. The costs that are directly attributable to the construction/acquisition of a fixed asset/project for bringing it to its working condition are those costs that would have been avoided if the construction/acquisition had not been made. These are the expenditures without the incurrence of which, the construction of project/asset could not have taken place and the project/asset could not be brought to its working condition, such as site preparation costs, installation costs, salaries of engineers engaged the construction activities, etc. The avoidance of costs has the basis of identifying directly attributable cost for the purpose of capitalisation is also supported by Accounting Standard (AS ) 16, ‘Borrowing Costs’. In the present case, the Committee is of the view that it should be seen that whether the expenses incurred on the activities of the various departments are directly attributable to the construction as discussed above. Accordingly, if expenses incurred at various departments are directly attributable to construction, these can be capitalised with the cost of concerned fixed asset(s)/project(s).

In view of the above, the capitalisation of expenses related to various departments of corporate office and the regional headquarters to the projects/assets under construction/expansion would be correct provided the expenses incurred on the activities of these departments can be considered to be directly attributable to the constriction of project(s)/fixed asset(s) for bringing them to their working condition as discussed above.

[Refer pages 1937 to 1940 of C.A. Journal]

ICAI And Its Members

1. Disciplinary case :

    In the case of ICAI vs. Shri A. L. Ghael (C.A. Journal — June, 2009, P. 2054-55) CIT Gujarat had filed a complaint against the member. In this complaint it was alleged that during the search carried out u/s.132 of the Income-tax Act, at the premises of the member, the Department found as under :

    (i) 15 bogus certificates purported to have been issued by a bank to the effect that the bank was maintaining a non-resident external savings bank account. These were bogus bank certificates of gifts from NRE account.

    (ii) 13 bank acknowledgements of Income-tax returns affixed with the seal of ITO and receipts under the seal of the Department.

    The disciplinary committee, after examining the evidence brought on record, held that the member acted contrary to the conduct befitting a Chartered Accountant and committed ‘other misconduct’ for which he was liable u/s.22 read with S. 21 of C.A. Act. The Council of ICAI accepted the report of the disciplinary committee and recommended to the High Court that the name of the member be removed from the Register of Members for a period of 6 months.

    The Gujarat High Court has taken a serious view of the conduct of the member. It has observed that so far as bogus certificates of the bank with regard to NRE account were concerned, it was clear that even after knowing the fact that the certificates were bogus, the member did not give copies to the Bank Manager for further investigation. This indicated the guilty mind behind the conduct of the member. As regards the blank acknowledgements and receipts under the seal of Income-tax Department, it was observed that the intention of the member was bad and illegal. Such conduct would not only result into loss of revenue but would also be a fraud on the public. On overall consideration of the matter, the court has confirmed the finding of the council of ICAI and held that the name of the member be removed from the Register of Members for a period of six months.

2. Auditing Standards :

    (Note : Page Nos. stated below are from C.A. Journal for June, 2009)

    The following Exposure Drafts are issued by ICAI. Members can submit their comments by 31-7-2009.

    (i) Standard on Review Engagements (SRE) — 2400 (Revised) — ‘Engagements to Review Financial Statements’. (Pages 2154-2161)

    (ii) Standard on Auditing (SA) — 700 (Revised) — ‘Forming an Opinion and Reporting on Financial Statements’. (Pages 2162-2176)

    (iii) Standard on Auditing (SA) — 705 — ‘Modification to the Opinion in the Independent Auditors’ Report’. (Pages 2177-2188)

    (iv) Standard on Auditing (SA) — 706 — ‘Emphasis of Matter Paragraphs and Other Matter Paragraphs in the Independent Auditors’ Report’. (Pages 2189-2193)

3. EAC opinion :

    The Expert Advisory Committee of ICAI (EAC) has given an opinion for accounting for maintenance spares supplied free of cost along with the main equipment in the case of a public sector undertaking. One of the usual terms of the sale of the equipment by the company is that the price of the equipment includes certain specified quantity of maintenance spares supplied free of cost. In other words, the company agrees to supply certain spares free of cost i.e., without charging anything in excess of the agreed price of the equipment. However, while recording such sales, the company credits the sales account with the gross value of the equipment plus value of spares to be supplied free of cost and debits the account of the customer. Thereafter, the company debits the sales account with the value of the spares supplied free of cost and gives credit to the account of the customer. The question for consideration was whether the above accounting entry was in compliance with Accounting Standard (AS-9) dealing with ‘Revenue Recognition’.

    The Committee has given the opinion that the accounting for sale of equipment duly reducing the value of free supply of spares would be in line with AS-9 provided significant risks and rewards of the ownership in respect of free spares are transferred at the time of the delivery of spares to the buyer. However, according to EAC, separate entries should be passed for (a) booking recognition of revenue from sale of equipment net of the amount related to revenue from spares when the risk and rewards of ownership of the equipment are transferred and (b) booking recognition of revenue from spares when the risks and rewards of ownership of spares are transferred. (Refer pages 2059-2061 of C.A. Journal for June, 2009)

4. Enhancing Audit Quality :

    Financial Reporting Review Board (FRRB) reviews the General Purpose Financial Statements of certain enterprises and auditors’ reports thereon. Observations on major non-compliances in the following matters noted by FRRB are stated on page 2130 of C.A. Journal for June, 2009 :

    (i) Disclosure of Accounting Policies (AS-1)

    (ii) Valuation of Inventories (AS-2)

    (iii) Revenue Recognition (AS-9)

    (iv) Accounting for Investments (AS-13)

    (v) Leases (AS-19).

5. Women Steering Group :

    The World celebrated International Women’s Day on 8th March 2009. ICAI has constituted a Women Steering Group (WSG). The Mission statement of WSG states as under :

“The Women Steering Group of the Institute of Chartered Accountant of India (WSG of the ICAI) is a wing of ICAI, which is dedicated to serving women Chartered Accountants and female stu-dents aspiring to be the members of the ICAL The WSG will provide a supportive environment and valuable resources for female members and students to achieve their personal and professional goals. through various opportunities including leadership, networking and education.”

To accomplish this mission, WSG offers in-depth support in four important areas:

    1. Increase Professional and Public Awareness about the Indian Women Chartered Accoun-tants.

    2. Facilitate a national network of individuals and organisations to encourage networking and mentoring of women members.

    3. Provide opportunities  for professional growth.

    4. Advocate  professional  parity.
 

It is stated that out of about 1,50,000 CAs. in our country, about 15% (22,500) are women. Out of about 4,50,000 CA. students, about 40% (1,80,000) are girl students. (Details about activities of WSG are published on pages 2132-2133 of CA. Journal for June, 2009).

6. ICAI News:

(Note: Page Nos. stated below are from CA. Jour-nal for June, 2009)

i) Transfer  of Articles:

Announcement of the Council of ICAI dated 27-3-2009 about transfer of articles of Articled Assistants has been published in BCA Journal of June, 2009. This has now been published in CA. Journal for June, 2009 at page 2134.

(ii) Requirement of CPE credit:

Now  members can view / check  their  CPE credit hours (Calendar yearwise) on the site www.cpeicai.org.maintained internally by the EDP Section, at the member login (not POU Login) for which they need to insert six (6) digit membership number [add zero (0), if required] and password would be that (6)-digit membership number pre-fixed with the letters (cpe). (Refer details on page 2136)

iii) Working  hours  of Articled  Assistants

On page 240 of BCA Journal for May, 2009, summary of the announcement relating to Working Hours of Articled Assistants is published. Details are now available on pages 2137-38 of CA. Journal for June, 2009.

iv) ERP  Courses:

ICAI is offering ERP Courses for members and students (Final / Articles completed) of the Institute to enable them to offer value-added services in the field of ERP consulting as functional consultants in the finance domain. Details are on page 2146.

v) Your Inspiring  Success  Stories:

On page 2142 there is an inspiring announcement by the Editorial Board on CA. Journal which reads as under:

“As part of multi-pronged activities to mark the ICAI Diamond Jubilee year, the Editorial Board has decided to publish extra-ordinary success sto-ries of Chartered Accountants in various walks of professional life in the Institute’s Journal, ‘The Chartered Accountant’. Do you think there is something remarkable about your achievements in professional life that the others should know? If yes, write down that glorious story and send it to us. You may ask yourself: What did I do to create my professional success? What inspired me in this mission? How did I not deviate despite the presence of blockages and distractions in my way? How did I overcome my weaknesses and work on my strength? How my achievements helped the organisation/other professionals/society at large? and Finally, how my CA qualification laid the foundation of my success?

The object of the write-up should be to motivate all our students, members, other readers as well as those who wish to join chartered accountant fraternity.”
 
vi) Professional  Development  Portal:

Professional Development Committee has enhanced and upgraded P.O. Portal with a view to provide timely and necessary information on practice development and professional opportunities to members. (Refer page 2139 for details)

ICAI And Its Members

ICAI and its Members

1.
Companies Bill, 2009 — New avenues for
Chartered Accountants :


As reported in the last
issue, the above Bill is pending before the Parliament. The Standing Committee
for Finance has submitted its report on 9-9-2009. Several suggestions have been
made by this Committee and the Bill is likely to be modified on this basis and
discussed in the Parliament during the months of February to May, 2011. Some
important changes relating to accounts and audit were discussed in the last
issue of BCA Journal. Some of the other amendments affecting Chartered
Accountants suggested in the Bill are as under.

(i) Clause 422(1) of the
Bill provides that no association or partnership consisting of more than such
number, not exceeding 100, as may be prescribed by Rules, shall be formed for
the purpose of carrying on any business unless it is registered as a company. It
may be noted that under clause 422(2)(b) it is provided that the above
restriction shall not apply to a partnership formed by professionals. Therefore,
Chartered Accountants and other professionals will be able to form a partnership
firm with unlimited number of partners.

(ii) Clauses 368 to 395 of
the Bill provide for the constitution of ‘National Company Law Tribunal’ and
‘National Company Law Appellate Tribunal’ and the functions and procedure to be
followed by these two bodies. Under the scheme of the Bill, existing powers of
the High Courts under the Companies Act will now vest in the Tribunal. Each
Bench of the Tribunal or Appellate Tribunal will consist of two categories of
members. One will be a judicial member and the other a technical member.
President of the Tribunal shall be a sitting or retired Judge of a High Court.
The chairperson of the Appellate Tribunal shall be a sitting or retired Judge of
the Supreme Court or Chief Justice of a High Court. In the list of persons who
can be a technical members of the Tribunal or the Appellate Tribunal it is
provided that a Chartered Accountant in practice for 15 years or more can be
appointed as a technical member of the Tribunal or the Appellate Tribunal.

(iii) Clause 393 of the Bill
also provides that a Chartered Accountant in practice can appear before the
Tribunal or the Appellate Tribunal and argue the case of his client.

(iv) Clause 250 of the Bill
provides that the Central Government shall maintain a panel consisting of names
of Chartered Accountants, Advocates, Company Secretaries, etc. for appointment
as Company Liquidators or Provisional Liquidators. For the purpose of winding up
of a company by the Tribunal, a Company Liquidator who is on the above panel
will have to be appointed. This provision will enable Chartered Accountants in
practice to work as Company Liquidators.

From the above provisions it
will be noted that if the Companies Bill, 2009 is enacted with the above
clauses, our members will be able to render their professional services in the
above new fields.

2.
Accounting treatment of overlift/underlift
quantity of crude oil :


Facts :

A public limited company
(Company) which is a wholly-owned subsidiary of a listed government company, is
in the business of exploration and production of oil and gas and other
hydrocarbon-related activities outside India. Usually, the legal regimes
applicable in most of the counties provide that the ownership of mineral
resources (hydrocarbons) is with respective governments. Accordingly, the host
governments grant the rights to explore, develop and produce hydrocarbons in
certain specified geographical areas within their territories (Rights) to the
companies on some equitable consideration under various regimes. The activities
of the Company, thus, include securing such Rights and then to explore, develop
and produce hydrocarbons. Such Rights are secured either on a 100% basis,
wherein the Company or its affiliates themselves take the entire risks and
rewards of such Rights or in consortium with other participants where the joint
venture participants share the risks and rewards in certain agreed proportions.

The Company is a participant
in a production sharing agreement along with other companies (Consortium) and
the government of a foreign country (State) in respect of certain geographical
area.

The Company is accounting
for the overlift/underlift quantity of its basic entitlement as per its declared
accounting policy. Following the accounting policy, the Company reduced the
sales arrived at by multiplying overlift quantity by the sale price of crude oil
realised by the Company for its last sold cargo during March 2009 and created
liability for the same. In case of underlift as on the balance sheet date, the
Company would have treated the underlift quantity as inventory of the Company
and would have valued it in accordance with the requirements of Accounting
Standard (AS) 2, ‘Valuation of Inventories’ at cost or net realisable value,
whichever is lower.

However, C&AG auditors while
carrying out their review for the financial year 2008-09 objected to the
accounting for overlift quantity as liability and contended that the Company
should treat overlift quantity as its own share of production and should have
booked sales for the overlift quantity simultaneously recognising expenditure on
the basis of its recent cost figures.

Query :

Hence, the Company sought
the opinion of the Expert Advisor Committee of ICAI on the appropriate
accounting treatment of overlift/underlift quantity of crude oil by the Company,
i.e., whether the accounting policy of the Company in recognising
overlift quantity as liability and underlift quantity as inventory is
appropriate and whether the accounting treatment carried out by the Company in
respect of overlift quantity of crude oil by recognising the same as liability
at recent sales price of the crude oil realised by the Company is appropriate ?

Opinion :

After considering the term ‘revenue’ as provided by Accounting Standard (AS) 9, ‘Revenue Recogni-tion’, the Committee expressed the view that the total amount of consideration arising from the sale of crude oil should be recognised as revenue.

Further, after considering paragraph 10 of Accounting Standard (AS) 29, ‘Provisions, Contingent Liabilities and Contingent Assets’, the Committee has taken the view that the overlift of crude oil gives rise to an obligation on the Company to transfer future economic benefits. Accordingly, a liability should be provided for by the Company by way of charge to the profit and loss account for overlift quantity.

Furthermore, the amount of provision for the liability in respect of overlift quantity should be determined on the basis of the best estimate of the expenditure required to settle the present obligation at the balance sheet date as per the requirements of paragraph 35 of AS-29.

As regards underlift situation, the Committee has taken the view that to the extent it is the settlement of an overlift situation of the earlier periods, it should be recognised by debiting the liability provided for under the overlift situation and crediting/reducing the Company’s proportion-ate share in the production cost. In respect of other underlift situations, the Committee has noted that the Framework for the Preparation and Pre-sentation of Financial Statements, issued by ICAI provides that “an asset is a resource controlled by the enterprise as a result of past events from which future economic benefits are expected to flow to an enterprise”. Accordingly, the Committee expressed the view that an underlift represents a right to future economic benefit through entitlement to receive equivalent production in the future and is therefore, an asset.

Since in the present case, the Company is charged for the proportionate share of production cost as per its basic entitlement, but the quantity of crude oil lifted is less than its basis entitlement, the amount paid in excess is ‘prepaid expense’. The Committee has taken the view that under the underlift situation, the Company should recognise a pre-paid expense by crediting its proportionate share of production cost as per the joint operating agreement/production sharing agreement.

On the basis of the above, the Committee expressed the opinion that the accounting policy of the Company in recognising overlift quantity as liability is appropriate, however, recognition of liability by reversing the sales/revenue of the Company at the recent sales price of the crude oil is not appropriate. The accounting policy of recognising the underlift quantity as inventory is
also not appropriate.

  3.  300th Meeting of Council of ICAI held on 24-11-2010:

Some of the important decisions taken by the Council at the above meeting are as under:
  (i)  Formulation of guidelines for revival of derecognised Study Circles: A Study Circle which was earlier derecognised by the Council can be revived by the Continuing Professional Education Committee, subject to the compliance with certain norms to be specified in this regard.

  (ii)  Recognition of fair value changes in investment property: The ASB has decided that instead of recognising the changes in fair value in investment property in profit or loss, where an entity adopts the option of measuring investment property at fair value as per the draft AS-37 dealing with ‘Investment Property’, the same should be recognised in other comprehensive income.

 (iii)  To ensure professional competence of our members: The Council decided that where there has been a gap of 5 or more years between the removal of name and application of restoration of the name, if the member applies for Certificate of Practice, he should undergo a specified refresher course of a duration of 30 hours in the modules to be developed by Board of Studies, either in physical form during weekends or in the online format. Alternatively, such members could attend CPE programmes and earn 30 CPE hours before the Certificate of Practice is restored/granted.

 (iv)  Persons who have not enrolled as members: For the persons who have passed the final examination and become eligible for enrolment as a member, but have not applied for membership within 5 years from the date of their becoming eligible, should undergo the aforesaid refresher course for getting enrolled as a member.

  (v)  Modalities to be recommended for holding the office of Office Bearers: For the year 2011-12 and 2012-13 for those branches where the majority of members of Managing Committee have held that office of Chairman in earlier years, the Council observed that holding of post of Chairman of a branch again is not acceptable either from good governance point of view or from ethical point of view. Therefore, the Council has decided that the Chairman of a branch after demitting office should not seek re-election for or hold the post of the Chairman of the said branch in the year 2010-11 and 2012-13.

 (vi)  Common Proficiency Test: It is decided that candidate shall have to obtain at one sitting, a minimum of 30% marks (out of maximum marks specified by the Council for each Section) and a minimum of 50% marks in the aggregate of all the Sections, subject to the principle of negative marking, in a manner as may be specified by the Council from time to time.

  (vii)  Revised Final Study Material available by January 2011: The Board of Studies had released the revised final study material which has been updated and modified. Entire study material along with Practice Manuals would be available at all branches of ICAI by January 2011.
(Refer pages 836-837 of CA Journal for December, 2010)

(viii)  In case of reconstitution of a firm, wherever Form 18 duly signed by the remaining partners and the resignation letter of outgoing partner(s) is received, the office will take such reconstitution on record as per the current practice.

 (ix)  Wherever the firm is ‘at will’ as per the deed of partnership and the retirement of a partner(s) is informed and Form 18, accompanied by a certified copy of partnership deed, can be submitted duly signed by the remaining/surviving partners of the firm. In such a case, the fact of such retirement will be informed to the outgoing partner(s) concerned giving a notice by recorded delivery mode of 14 days to inform the factual position. In case no response is received, the reconstitution of the firm will be taken on record. If an objection is received, the reconstitution of the firm will not be taken on record and the firm as well as the outgoing partner(s) will be informed about the option of availing the forum of Dispute Resolution Mechanism of the Institute.

  (x)  Wherever the firm is ‘at will’ as per the deed of partnership and the partnership deed has vested in the Managing Partner of the firm to perform certain specified acts which includes reconstitution of firm on his own he can, in pursuance of such authority, inform the Institute and submit Form 18 accompanied by a certified copy of partnership deed, duly signed by the re-maining/surviving partners of the firm. The fact of such Form 18 specifying the act will be informed to the outgoing partner(s) concerned giving a notice by recorded delivery mode of 14 days to inform the factual position. In case no response or confirmation is received, the reconstitution of the firm will be taken on record. If objection is received, the reconstitution of the firm will still be taken on record and the aggrieved members can move the Dispute Resolution Mechanism.

(Refer page 842 of CA Journal for December, 2010)

4.    Dispute Resolution Mechanism:
The Council of ICAI has announced the development of Alternate Dispute Resolution Mechanism (Arbitrator) for dealing with disputes of (i) Member v. Member and (ii) Member v. Student.

5.    ICAI News:

(Note?: Page Nos. given below are from the CA Journal for December, 2010)

(i)    Discrepancies noticed by Peer Reviewers during Review Process:
Peer Review is directed towards maintenance and enhancement of quality attestation services and to provide guidance to improve their performance and adhere to various statutory and the other regulatory requirements. Some of the discrepancies noticed during the course of Peer Review of records of some of the members have been reported on page 968.

(ii)    New Publication of ICAI:
(a)    Background Material for Audit Training Work-shops and Seminars (A manual of Presentations on Standards on Auditing and other Engagement Standards) has been published by the Institute.
(page 972)

(b)    Revised Guidelines and FAQs for Training of Articled Assistants outside India. (page 973)

(iii)    Empanelment with C & AG:
Applications for empanelment with C & AG by firms of Chartered Accountants for 2011-12 can be made after 1-1-2011. Details published on page 972.

(iv)    Multipurpose Empanelment Forms:
Details about Multipurpose Empanelment Forms (Including Bank Branch Auditor’s Empanelment) have been published on pages 975-977.

ICAI And Its Members

1. Disciplinary case :

    In the case of ICAI v. Shri M. K. Sachdeva, the member was concurrent auditor of one of the branches of Punjab National Bank. The Bank filed a complaint against the member alleging that while conducting concurrent audit of branch he got opened a current account with that branch in the name of a finance company in which he was a director. The account was introduced by him in his capacity as partner of his audit firm. The Bank purchased 3 cheques of Rs.1.97 lacs, 1.92 lacs and 1.97 lacs on different dates from the finance company which were returned unpaid. At the behest of the member these cheques were not debited to the account of the finance company. The finance company later on deposited two cheques of Rs.1.97 lacs and 2.00 lacs in its account which were also returned unpaid. It was alleged that the above-mentioned transactions of purchase of cheques were entered into by the branch under the influence of the member who was a director of the finance company and was also a concurrent auditor of the branch of the Bank.

    The Disciplinary Committee found that the member was guilty of ‘Other Misconduct’. This finding of the committee was accepted by the Council and it recommended to the Delhi High Court that the member be awarded punishment by removal of his name for 3 months from the Register of Members.

    The High Court while accepting the above recommendation of the Council observed that the allegations made against the member are quite serious in nature and his acts show that he is guilty of misconduct and had acted in a manner unbecoming of a chartered accountant. The High Court also observed that there has to be some degree of integrity and probity which is expected of a chartered accountant who is regularly concerned with financial transactions and it is not part of his duty to misappropriate the money belonging to his client. The Court also noted that a criminal case had also been registered against the member and he was absconding. Under the circumstances, the Court was of the view that the punishment awarded to the respondent was not at all harsh.

    (Refer page 910 of C.A. Journal, December, 2009)

2. Some ethical issues :

    The Ethical Standards Committee of ICAI has clarified whether a Chartered Accountant can advertise his professional attainments or services as under.

    As per Clause (7) of Part-I of the First Schedule of the CA Act read with S. 11, a member shall be deemed to be guilty of professional misconduct, if he advertises his professional attainments or services. Now the Act has been amended and a proviso has been inserted in the Clause (7). The proviso says that a member in practice may advertise through a write-up setting out the services provided by him or his firm and particulars of his firm, subject to such guidelines as may be issued by the Council. Thus, due to addition of this proviso now a Chartered Accountant in practice is allowed to advertise. But it has to be as per the Guidelines of the Council. Here attention is drawn to Clause (6) of Part-I of the First Schedule which says that if a Chartered Accountant solicits clients or professional work either directly or indirectly by circular, advertisement, personal communication or interview or by any other means, it would be treated as professional misconduct. So, if proviso to Clause (7) and wordings of Clause (6) are compared, it appears that an impossible situation is created since Clause (6) prohibits advertisement and Clause (7) allows advertisement. However, there is no contradiction as in Clause (6) only the advertisement for soliciting of clients or professional work is prohibited. Thus other advertisements which do not solicit clients or professional work are not covered under this Clause. Whereas Clause (7) prohibits a Chartered Accountant from advertising his professional attainments or services, but the proviso permits to advertise through a write-up setting out the services provided by him or his firm and particulars of his firm, subject to such guidelines as may be issued by the Council. Thus, advertisement, in a limited way through a write-up, as per the Council guidelines and not soliciting of clients or professional work is permitted. Details are clarified in Advertisement Guidelines issued by ICAI on 14-5-2008 as reproduced at pages 890-891 of C.A. Journal for December, 2009.

3. Determination of current liabilities — EAC opinion :

    A company has interest in energy segment both in India and overseas, like liquid fuel, thermal, hydro, stake in coal mines, etc. The company is also having various business plans/strategies to diversify further into segments like transmission, etc. The company made bids for various transmission bids announced by the Government of India through its various bodies corporates.

    In order to qualify as a successful bidder for any transmission/power project, etc., all bidders have to fulfil various financial and technical criteria as per the requirements of the respective bid documents. Among others, some common financial criteria are to meet the minimum requirement of Internal Resources Generation (IRG) and net worth of the bidder either solely or in combination of consortium members as per the conditions of the bid documents.

    The company shows, as per Schedule VI of the Companies Act, 1956, all working capital facilities, bill discounting facilities and short-term loans under the head ‘secured loans’/’unsecured loans’ even though they are in the nature of current liabilities as per the Guidance Note on Terms used in Financial Statements issued by ICAI.

    Recently, the company sought an opinion of the Expert Advisory Committee of ICAI on the question whether the working capital facilities, bill discounting facilities and short-term loans shown under the heads ‘secured’ and ‘unsecured’ loans are to be considered as ‘current liabilities’ while working out net current assets of the company.

    After considering the definition of the term ‘current liability’ as contained in para 3-35 of the above Guidance Note, the committee has given its opinion that all liabilities including loans, whether secured or unsecured, payable within a time period of twelve months should be considered for calculating ‘current liabilities’, irrespective of the fact that the same are not shown under the head ‘current liabilities’ in the balance sheet as per the requirements of Schedule VI of the Companies Act, 1956.

    (Refer pages 911 to 912 of C.A. Journal, December, 2009)

4. Some instances of non-compliance with reporting obligations :

The Financial Reporting Review Board (FRRB) has, during their review of some published accounts have come across the following instances of common non-compliances of Reporting Obligations of our Members. These are published on P. 979-980 of CA journal of December, 2009.

    i) AS 2 — Valuation of inventories :

It was observed that according to the policy of the company, inventories of raw materials, work-in-progress, stores and spares parts, goods-in-progress and by products were valued at cost. The policy indicates that apparently the enterprise is not considering the net realisable value (NRV) in the valuation of raw materials and work-in-progress. This is not as per AS 2. Paragraph 5 of AS 2 requires all inventories, including raw materials, work-in-progress to be valued at the lower of cost and net realisable value.

    ii) AS 6 — Depreciation accounting :

It was observed that some of the enterprises adopt depreciation rates, for certain assets, that are different from the rates as specified in Schedule XIV to the Companies Act, 1956. Further, the enterprises also do not disclose the useful lives or the depreciation rates that have been adopted for such assets. It is in non compliance of the Companies Act, 1956 as well as AS 6.


    iii) AS 9 — Revenue recognition :

Some enterprises include two amounts of excise duty, relating to both opening stock as well as closing stock, in the statement of profit and loss but fail to give any explanatory note in the note to accounts to explain their nature. It may be mentioned that as per paragraph 3 of ASI 14 of Accounting Standard 9, Revenue Recognition, requires that “The excise duty related to the difference between the closing stock and opening stocks should be recognised separately in the statement of profit and loss, with an explanatory note in the notes to accounts to explain the nature of two amounts of excise duty”.

    iv) AS 10 — Accounting for fixed assets :

Some enterprises include in the Schedule of Inventory those items of fixed assets which have been retired from active use and are held for disposal as an inventory item. It is not in line with para 14.2 of Accounting Standard (AS) 10, Accounting for Fixed Assets and para 3 of Accounting Standard (AS) 2, Inventory Valuation.

    v) AS 13 — Accounting for investments :

Accounting Standard (AS) 13, Accounting for Investments, require provision to be created to recognise a decline, other than temporary, in the value of long-term investments. Some enterprises use the term ‘permanent diminution’ instead of ‘other than temporary’, which is contrary to the requirement of AS- 13. It may be noted that there is a difference between ‘permanent diminution in the value of investments’ and ‘other than temporary diminution in vale of investments’ and normally, no diminution in value of investments may be termed as ‘permanent’.

5. ICAI News :

Note : Page Nos. given below are from CA Journal for December, 2009

i. Late Shri Rahul Roy :

Shri Raul Roy who was the youngest President of ICAI in 1998- 99 died at Kolkata on 19-11-2009 at a very young age of 46 years. We pay our sincere homage to the departed soul and pray that his soul may rest in peace. (page 878)

ii. Exposure drafts :

The following exposure drafts are published for comments by Members :

    a) Accounting Standard 25 — Interim Financial Reporting (page 999)

    b) Standard on Review Engagements (SRE) 2410 dealing with Review of Interim Financial Information performed by the Independent Auditor of the Entity. (page 1010)

iii. Empanelment with C & A.G. :

Applications are invited online from firms of Chartered Accountants who intend to empanel with C & A.G. for 2010-11 for appointment of Auditors of Government companies/corporations. The last date is 10-3-2010. The application forms will be available on ICAI website from 1-1-2010 to 15-2-2010. (page 988)

iv. Regular classroom teaching for students :

Regulations and policies are changing on a regular basis and with the new direct taxes code, the imminent induction of the GST and other laws, the pressure on members and the C.A. profession is increasing day by day. Students too are bearing the brunt of this changing world and the need of the hour is to help them see through these difficult times with ease. To help students get a clear understanding of concepts which will help them clear all their written exams, ICAI has decided to step forward and launch regular classroom teaching classes. These classes will cover the entire CA curriculum from A to Z. Students will reap the benefits of attending these classes which have been specially structured to provide personalised attention and help them prepare for all exams from CPT to Final with peace of mind. On an experimental basis the first series of classes are launched at the Western Regional Office on November 30, 2009. (page 874)

v. Know your clients :

With increasing incidence of economic offences in the Country and threat of terrorism and money laundering looming large over the society, it has become of utmost importance to know the credentials of our clients. As a watchdog of financial sector, it is our national duty and social responsibility to report about our ambiguous clients and their unscrupulous activities to the authorities concerned. To facilitate this, ICAI proposes to formulate and put in place ‘Know Your Client’ norms, having through checklist and guidelines, for CA profession on the lines of ‘Know Your Customer’ norms in place in banking industry. (page 875)

6. ICAI Elections :

The elections for Central Council and Regional Councils were held on 4-5 December, 2009. It is reported that following members are elected to Central Council from Western Region for 3 year term from 2010-2012. Results of election to WIRC is awaited.

Sarvashri (i) R. S. Adukia, (ii) Atul Bheda, (iii) Jayant Gokhale, (iv) Pankaj Jain, (v) Sanjeev Maheshwari, Mahesh Sarda, (vii) Dhinal Shah, (viii) Jaydeep Shah, (ix) Nitesh Vikamsey, (x) S. B. Jaware and (xi) Bhavna Doshi.

7. CPE hours :

ICAI has, by notification dated 15-12-2009, announced that the time limit for compliance with the requirement of CPE hours for structured learning for members holding Certificate of Practice for 2009 has been extended from 31-12-2009 to 31-1-2010. Members may note this change.

ICAI And Its Members

ICAI and Its Members

1. Disciplinary case :


In the case of ICAI v. Vijay R. Ashar, reported on P.
1006 of C.A. Journal for December, 2008, it was reported to the Institute that
the member had audited the accounts of a company in which the wife of the member
had substantial interest (holding more than 20% equity shares). It was also
reported that the member did not disclose the nature of his wife’s interest in
his audit reports given to the company for all the six years for which this
complaint was filed with ICAI. It was alleged that by not disclosing his
interest, the member had violated the guidelines issued by ICAI.

The Disciplinary Committee, after hearing the parties and
examining the evidence, held that the member had violated Clause (4) of Part I
of Second Schedule to the C.A. Act and, therefore, he was guilty under that
clause. The Council of ICAI accepted this finding and referred the matter to the
Bombay High Court with a recommendation that the member be reprimanded.

The High Court has held as under :

That Code of Conduct for the chartered accountants framed
by the Institute of Chartered Accountants of India provides that where the
partner or relative of the member as a director in the company holds
substantial interest, the member may desist from undertaking audit of the
financial statements and/or expression of opinion and if the member feels that
his independence is not affected and undertakes the audit of such company, he
should disclose such interest in his report while expressing his opinion on
the financial statement of such company. The explanation of the member before
the Disciplinary Committee was that he was ignorant of the said guidelines.
The Court was of the view that the explanation put forth by the member was
hardly acceptable. It could not be believed that as a professional chartered
accountant in practice, he was not aware of the guidelines and the Code of
Conduct framed by the ICAI.

The High Court, accordingly, concurred with the finding
recorded by the Disciplinary Committee and accepted by the Council, that the
member had violated Clause (4) of Part I of the Second Schedule of the Act.
Accordingly, the Court held that the recommendation of the Council that the
member be reprimanded is reasonable and rather lenient.


It may be noted that in Clause (4) of Part I of the Second
Schedule as amended by the Chartered Accountants (Amendment) Act, 2006, w.e.f.
17-11-2006, it is provided that a member cannot express his opinion on financial
statements of any business or enterprise in which he, his firm, or a partner in
his firm has a substantial interest. In other words, a member or his firm cannot
accept audit assignment of a company in which he or his partner or his relative
has substantial interest.

2. MOU between ICAI and ICAEW :


ICAI has signed an MOU with the Institute of Chartered
Accountants in England and Wales (ICAEW) on 20-11-2008 at Jaipur. In brief, the
MOU provides as under.

(i) Existing members of ICAI, in good standing and with two
years post-qualification experience (availing credit of prior learning) will be
eligible for ICAEW membership on passing of only one paper of ICAEW on Case
Study. The ICAI members with less than two years’ experience ( not availing
credit for prior learning) will be required to appear for additional papers in
Business Reporting (T1) and Business Change (T2) along with Case Study. They
will also be required to pursue the structure training in ethics. There is no
additional requirement of undergoing any additional training experience
requirements or take any other examinations.

(ii) Existing members of ICAEW who are trained in public
practice will be become eligible for ICAI membership, subject to passing ICAI’s
examination papers for the special modules of Auditing & Assurance; Law, Ethics
& Communication; Information Technology & Strategic Management; and Taxation.

(For further details refer P. 955-956 of C.A. Journal for
December, 2008
)

3. CPE Credit requirements for 3 years’ rolling period 2008-2010 :


Members may note the CPE Credit Requirements for three years’
rolling period 2008-2010, which are as under :

(i) For members holding certificate of practice (excluding
members residing abroad), unless exempted,

— 60 CPE credit hours (Minimum 20 credit hours each year)
of structured learning during 2008- 2010.

— 30 CPE credit hours of structured/unstructured learning
during 2008-2010.

— For members above 60 years of age, the CPE credit hours
of structured/unstructured learning required is of 70 credit hours (Minimum 10
credit hours in 2008 and 20 credit hours in each year thereafter) during
2008-2010.


(ii) For members not holding certificate of practice and all
members residing abroad, 45 CPE credit hours (Minimum of 10 credit hours each
year) of structured or unstructured learning during 2008-2010. For members above
60 years of age, this period is 35 credit hours during 2008-2010 (Minimum 5 in
2008 and 10 in each year thereafter).

(Refer Page 1057 of C.A. Journal, December 2008)


Note : It is reported that during the period
1-1-2008—10-11-2008 ICAI, its Regional Councils, Branches, Study Circles, etc.
have generated about 7,65,000 CPE credit hours. Out of about 70000 members
(excluding senior members and members residing abroad) holding C.P., about 14000
members have completed the minimum requirement for CPE credit hours. Details
about CPE credit hours of each member can be obtained through CPE Portal,
www.cpeicai.org .

4. Accounting and Auditing Standards :


(Note : Page Nos. given below are from C.A. Journal
for December, 2008)


(i) The following Accounting Standards are published :

(a) Accounting Standard for Local Bodies (ASLB)

– ASLB-3 ‘Revenue From Exchange Transactions’

This Standard deals with revenue recognition on sale of goods, rendering of services yielding revenue and use by others of entity assets yielding interest, royalties and dividends (Pages 1072- 1079).

– ASLB-4 ‘Borrowing  Costs’

This Standard deals with Borrowing Costs i.e., interest and other costs incurred by an entity in connection with the borrowing of funds (Pages 1080-1084).

    ii) The following Revised Auditing Standards are published:

    a) Revised Standard on Auditing (SA) 250 ‘Consideration of Laws and Regulations in an Audit of Financial Statements’ (Pages 1085-1090).

    b) Revised Standard on Auditing (SA) 260 ‘Communication with Those Charged with Governance’ (Pages 1091-1100).

    c) Revised Standard on Auditing (SA) 570 ‘Going Concern’ (Pages 1101-1107).

    iii) Standard on Internal Audit (SIA) 8 on ‘Terms of Internal Audit Engagement’ has been published on Pages 1108-1109.

    iv) The following Exposure Drafts are published for comments by members by 12-1-2009:

    a) Standard on Internal Audit (SIA) – ‘Enterprise Risk Management’ (Pages 1110-1111).

    b) Standard on Internal Audit (SIA) – ‘Internal Control Evaluation’ (Pages 1112-1116).

5) Engagement by students in business or other occupation:

An articled/ audit assistant (student) cannot engage himself or herself in any business or other occupation without the previous approval of the Council of ICAI. He/she has to apply in Form No. 112 duly recommended by the principal with whom articled/ audit service is registered. This permission is normally granted by the Council in the following cases if the conditions stated on pages 1058-1059 of CA. Journal for December, 2008 are satisfied.

(i) Teaching:

This engagement should be before or after the office hours. Further, it should be in the same city or town. The number of hours for the teaching assignment should not exceed the prescribed hours.

(ii)  For Directorship:

The directorship should  be in a company  in which the family of the student has majority interest. The company  should be in existence before the articled/audit  service  started. The principal or the firm in which  the student is working as articled/  audit  assistant should not be the auditor of the company. The student should not be actively engaged in the business of the company and should not receive any remuneration other than director’s meeting fees.

(iii) Sleeping Partner:

The student can be a sleeping partner in the family concern. Strict conditions are laid down for granting this permission.

(iv) Additional vacancies  for Articled Assistants:

This is granted by the Council under Regulation 57 for the reasons stated on page 1059 and on compliance of certain conditions stated therein.

6. Campus    Placement    Programme:

ICAI organised this programme during August – September, 2008 at 16 cities for those candidates who qualified in May, 2008, examination. In all, 3817 candidates had the opportunity to avail this service. The interviews were conducted by 149 Interview Boards representing 77 organisations. The following figures will indicate the importance of this exercise which is undertaken by ICAI twice in a year (Refer Page 1040 of CA. Journal for December, 2008).

i) Range of annual salary packages offered and number of candidates selected:

7. ICAI News

(Note: Page Nos. given below are from CA. Journal for December, 2008)

i) Enhancing Audit  Quality:

Some observations made by the Financial Reporting Review Board are listed in order to enable members to improve the quality of audit of corporate bodies. These observations relate to major non-compliances relating to

    a) AS-2   ‘Valuation  of Inventories’,

    b) AS-3   ‘Cash  Flow Statements’,

     c) AS-5 ‘Net Profit or Loss for the Period, Prior Period Items and Changes in Accounting Policies’,

    d) AS-9   ‘Revenue  Recognition’  and

    e) AS-13 ‘Accounting for Investments’ (Page 1033).

ii) Revised Resolution under Regulation 190A of CA. Regulations:

ICAI Council has passed a Resolution under Regulation 190A specifying the activities in which a practising CA. can engage either with the specific permission or without the permission of the Council. This Resolution is published as Appendix No. (9) of CA. Regulations. The following modifications are made in the Resolution w.e.f. 9-8-2008 (Refer Page 1054):

(i) No specific permission is now required for holding “Interest in agricultural land and allied activities carried on with the help, if required, of hired labour”.

(ii) General permission is now granted for the following activity.

“Owning agricultural land and carrying on agricultural activity.”

(iii) Empanelment of CA. Firms with C&AG for 2009-10 :

Applications can be made online by CA. Firms to C&AG for Empanelment for appointment as auditors of Government Companies/Corporations for the year 2009-10. The format of application along with detailed instructions will be available on the web site ‘www.cag.gov.in’ from 1-1-2009 to 16-2-2009. The last date for receipt of specified documents by C&AG is 27-2-2009. (Refer Page 1057)

iv) Forensic Accounting:

A certificate course for CAs on ‘Forensic Accounting and Fraud Detection’ is being started by ICAI. (Page 949)

v) lFAC Board:

Shri Ved Jain, our President, has been appointed as member on the Board of International Federation of Accountants (IFAC) for a term of 3 years w.e.f. 13-11-2008.Our best wishes to him for a successful term of office. (Page 952)

(vi) New Publications by lCAl (Page 1055) :
(a) Principles and Practice of Life Insurance
(b) Principles and Practice of General Insurance
(c) Risk Management and Reinsurance
(d) Business Strategic Planning and Information Technology for Insurance Sector
(e) Code of Ethics

ICAI And Its Members

1. Companies Bill, 2009 — Appointment and qualifications of directors:

    As reported in the earlier issues, the above Bill is pending before the Parliament. The Standing Committee on Finance has submitted its report to the Parliament on 31-10-2010. Several suggestions have been made by this Committee and the Bill is likely to be modified and discussed in the Parliament during the coming few months. Some important changes relating to appointment and qualifications of directors are suggested in the Bill. These are contained in clauses 132-153 of the Bill. The changes suggested are as under:

    (i) Clause 132 of the Bill provides that the minimum number of directors shall be three in the case of a public company and two in the case of a private company. As regards one-person company, the minimum number shall be one. It is, further, provided that the maximum number of directors in any company cannot exceed 15, excluding directors nominated by the lending institutions. Further, at least one director should be a resident in India. The company will be entitled to increase the number of directors beyond 15 after passing a special resolution of the shareholders at the general meeting.

    (ii) In the case of a listed company, having such amount of paid-up share capital as may be prescribed, the requirement will be that it shall have atleast 1/3rd of the total number of directors as independent directors. The Central Government may prescribe the number of independent directors in case of other public companies and subsidiaries of any public company.

    (iii) The term ‘Independent Director’ has been defined in clause 132(5). According to this definition, a nominee director is not to be treated as an independent director. The other conditions for an independent director are as under:

    (a) The director should be a person of integrity and should possess relevant expertise and experience; or

    (b) The director or his/her relatives —

  •  should not have pecuniary relationship or transaction with the company, its holding, subsidiary or associate company or promotors amounting to 2% or more of its gross turnover or total income during the two immediately preceeding financial years or during the current financial year.

  •  should not hold or should not have held any senior management position or as key managerial personnel or as employee of the company in any three immediately preceeding relevant financial years.

  •  is or has been employee or a partner, in any of the three immediately preceeding financial years, of a firm of auditors, company secretaries or cost auditors of the company or its associates.

  •  is or has been employee or a partner of a legal or consultancy firm which had in any of the three immediately preceeding financial years transaction with the company or its associates amounting to 10% or more of the gross turnover of the firm.

  • holds, in aggregate, 2% or more of the total voting power of the company.

  •  he is a chief executive or director of any non-profit organisation that receives 25% or more of its income from the company or its associate or holds 2% of more of the total voting power of the company, or

(c) Should possess such qualifications as may be prescribed.

(iv) The role, duties and functions of an independent director will be prescribed by the Central Government by way of rules.

(v) The independent directors shall not be entitled to any remuneration other than sitting fees, reimbursement of expenses, for participation of board and other meetings and profit-related commission, stock option as may be approved by the shareholders.

(vi) An independent director shall not have a tenure exceeding, in the aggregate, a period of six consecutive years on the board of a company. However, after the lapse of three years, he can be appointed as an independent director for up to six years provided that no such director can have or shall have more than two tenures as independent director in any company.

(vii) In clause 146, it is provided that no person shall hold office as director, including any alternate directorship, in more than 10 public limited companies at the same time. Further, it is also provided that, out of the above, maximum number of listed companies in which such a person can be appointed as a director shall not exceed 5.

(viii) Clauses 132-153 contain other provisions relating to mandatory requirement of obtaining DIN, appointment of additional directors, disqualification of directors, duties of directors, their resignation, removal, etc. These provisions are more or less the same as in the existing Companies Act.

2. Treatment of capital expenditure on assets not owned by the company:

    A Public sector undertaking registered under the Companies Act, 1956, is engaged in refining and marketing of petroleum products. When a new project by setting up of new refinery is undertaken by the company, it has to incur expenditure on the construction/development of certain assets, like electricity transmission lines, railway sliding, roads, culverts, bridges, oil jetty, etc., in order to facilitate construction of project and subsequently to facilitate its operations. The ownership of such assets (enabling assets) as well as the land on which these assets are situated does not vest with the company.

    The existing accounting policy of the company in respect to such ‘enabling assets’ is as under:

    (a) Fixed assets which are owned by the company, but built on land not belonging to the company, are treated as fixed assets belonging to the company.

(b)    As regards fixed assets constructed, which are not owned by the company, on land not belonging to the company, the expenditure incurred on the constructions of such assets has been classified as ‘Capital Expenditure’ in the balance sheet indicating appropriately, the nature of the expenditure including the fact that the assets are not owned by the company, and after commencement of commercial operations, the same is written off to the profit and loss account.

However, the statutory auditors of the company are of the opinion that existing accounting treatment of such ‘enabling assets’ followed by the company does not appear to be correct. According to them, (a) expenditure should be debited to Capital Work In Progress (CWIP) till the enabling asset is ready for use. (b) On completion of the enabling asset, the same should be capitalised. (c) Such capital expenditure should be reflected as ‘Capital Expenditure on Assets not owned by the Company’. (d) Such capital expenditure should be amortised over the period of its utility, but not exceeding 5 years and (e) Amount amortised should be treated as expenditure during the construction period till the completion of the project, for which the enabling asset was originally created. After the completion of the project, the amortised amount is to be charged to the profit and loss account every year for the balance period of its utility.

Query:

On these facts, the company has sought the opinion of the EAC whether the accounting treatment followed by the company in respect of expenditure incurred on ‘enabling assets’ as CWIP during construction period of the project and charging off the same to the revenue in the year of completion of the project is correct?

EAC opinion:

After considering paragraphs 49 & 88 of the ‘Framework for the Preparation and Presentation of Financial Statements’ the Committee has taken the view that expenditure incurred by an enterprise cannot be recognised as an asset as resource is not controlled by the enterprise. An asset is a resource controlled by the enterprise as a result of past events from which future economic benefits are expected to flow to the enterprise. Further, the Committee has taken the view that an indicator of control of an item of fixed asset would be that the entity can restrict the access of others to the benefit derived from the asset. From the facts of the case it is evident that the ownership of the ‘enabling assets’ does not vest with the company. The assets are available for general public use. Although the company is entitled to use these assets for the purpose of completing its own projects and subsequently for operational purposes, it has no say on the use of such assets by others. Thus, ‘enabling assets’ are not resources controlled by the company and, therefore, the expenditure incurred by the company on such ‘enabling assets’ can not be capitalised as assets either tangible or intangible considering AS-10 and AS-26. Further, the expenditure incurred on ‘enabling assets’ cannot be considered as directly attributable to such assets and therefore the same can not be capitalised.

In view of this, the Committee has taken the view that expenditure incurred on ‘enabling assets’ should be expensed and charged to profit and loss account of the period in which these are incurred.

As far as accounting treatment given by the company in respect of such ‘enabling assets’ which are still lying as CWIP, the Committee has taken the view that the same is an error committed in the prior years by the company, which should be rectified in the financial statements and disclosed as a ‘prior period items’ of the period in which such rectification is carried out in accordance with the requirements of Accounting Standard (AS) 5 “Net Profit or Loss for the Period, Prior Period Items and Changes in Accounting Policies”.(Pages 1040 to 1045 of C.A. Journal of January, 2011)

  3.  ICAI News:

(note : Page nos. given below are from January, 2011 C.a.   Journal)

  (i)  CPE in e-Learning mode:
The Council of ICAI has approved CPE in e-Learning Mode. This decision will facilitate learning for the members just at the click of the mouse. In other words, this will help members to persue CPE Programme conveniently without undertaking the hardship of physical attendance and will prove to be beneficial for each member. (Page 1001)

  (ii)  Certificate course on valuation:
It is reported that 800 members of our Institute have been registered for certificate course on ‘Valuation’. Examinations are being held in batches at various places all over India. (Page 1001)

 (iii)  Suggested answers for examination members:

ICAI has hosted suggested answers for the examinations held in November, 2010 on its website. It is reported that the entire study material for the final course has been revised/modified substantially. This will be available to the students in the month of January through their respective branches/regions. (Page 1002)

 (iv)  Bank branch auditors’ panel for NABARD:
Bank Branch Auditors’ Panel by the Professional Development Committee of ICAI has prepared a Bank Branch Auditors’ Panel for the year 2010-11 and submitted the same to NABARD for appointment of statutory auditors for regional rural bank and state/district central co-operative banks. (Page 1002)
 
(v)  Empanelment of CA firms with C & AG for   2011-12:
C & AG has invited online applications from firms of CAs who wish to empanel for the year 2011-12 for appointment as auditors of Government companies/corporations. Format of the application is available on the website : www.cag.gov.in CA firms can apply or update the data showing status of the firms as on 1-1-2011. This application can be submitted by 31-3-2011. Any changes in the constitution of the firm occuring from 1-1-2011 onwards should continue to be updated by the CA firm in the website which will be available through out the year. (Page 1132)

(vi)    New publications of ICAI:

(a)    ICAI has published Compendium of Standards on Internal Audit. (As on 1-10-2010)

(b)    ICAI has also published Compendium of Opin-ions given by the Expert Advisory Committee (Vol. XXVIII). (Page 1132)

(vii)    Grievance cell at WIRC:

A grievance cell has been formed to address issues of members and students related to administrative matters. Members can send the issues by e-mail to grievance@wirc-icai.org or in writing to WIRC. The members of the Grievance Cell are Chairman, Secretary, Shruti Shah, Neel Majithia, (RCMs) and Students Counsellor.

(viii)    Extension of CPE Block:

Members may note that ICAI has decided to extend the CPE Block periof of 3 years ending on 31st December, 2010, by three months, i.e., to 31st March, 2011.

(ix) Recognition for Doctoral programme:

IIM Kozhikode & IIM Shillong has recognised Chartered Accountancy qualification as an eligibility to pursue their Doctoral programme i.e., Fellow Programme in Management.

(x) Placement programme:

ICAI has recently organised a special placement programme through video conferencing mode for the organisations functioning in GCC/Middle East countries.

(xi) Arbitration course:

ICAI has created a panel of Arbitrators through the certificate course on Arbitration.

ICAI And Its Members

ICAI and Its Members1.
Disciplinary Case :

In the case of ICAI V/s Shri K.K. Gupta, a complaint was
filed by the RHO Welfare Association against the member. It was alleged that the
member was grossly negligent in the conduct of the audit of books of the
association on the following counts:

(i) The member had written the books of accounts for the
two years under audit and also audited and given audit reports for these two
years. This was against the code of conduct of ICAI.

(ii) In spite of several requests, he did not return the
books of accounts, vouchers, statements, etc., to the association.

(iii) The member did not give effect to various decisions
of the General Body of the Association while preparing and auditing the
accounts.

(iv) When the association managed to collect the books of
accounts for one of the years, it was noticed that some of the balances, as
per the accounts, did not tally with the figures in the audited accounts.

(v) The member did not come forward to explain the above
discrepancies in the accounts and audited statements.

(vi) No provision was made in the accounts for outstanding
liabilities for salaries, wages, electric charges, water charges, etc., and
the audit report was not qualified for this non-provision.

The Disciplinary Committee, after examining the evidence,
held that the member was grossly negligent in the performance of his
professional duties and was also guilty of other misconduct. He had not complied
with the requirements of the Code of Conduct. The council accepted this decision
and recommended to the High Court that the name of the member be removed from
the Register of Members for one year.

The Delhi High Court has held that the member was guilty of
professional misconduct and other misconduct and confirmed that his name be
removed from the Register of Members for a period of one year.

(Refer P. 1065
of the C.A. Journal for January, 2010)




2.
Some Ethical Issues :


The Ethical Standards Committee of the ICAI has clarified
about the publication of a CA’s expertise, specialisation and knowledge in any
particular field when he is appointed as a director on the Board of Directors of
a company as hereunder:

The Council’s attention has been drawn to the fact that more
and more companies are appointing chartered accountants as directors on their
boards. The prospectus or public announcements issued by these companies often
publish descriptions about the chartered accountant’s expertise, specialization
and knowledge in any particular filed or add appellations or adjectives to their
names. Attention of the members in this context is invited to the provisions of
Clause (6) and (7) of Part I of the First Schedule to the CA Act.

In order that the inclusion of the name of a member of the
institute in the prospectus or public announcements or other public
communications issued by the company in which the member is a director, does not
contravene the above noted provisions, it is necessary that members take
necessary steps to ensure that such prospectus or public announcements or public
communications do not advertise his professional attainments; and also that such
prospectus or public announcements or public communications do not directly or
indirectly amount to solicitation of clients for professional work by the
member. While it may be difficult to lay down a rigid rule in this respect,
members must use their good judgement, depending on the facts and circumstances
of each case, to ensure that the above noted provisions are complied with both
in letter and spirit.

It is advisable for a member that as soon as he is appointed
as a director on the board of a company, he should specifically invite the
attention of the management of the company to the aforesaid provisions and
should request that before any such prospectus or public announcements or public
communication mentioning the name of the member concerned is issued, the
material pertaining to the member concerned should, as far as is practicable, be
approved by him.

(Refer P.1052 of the C.A. Journal for January, 2010)



3.
Some instances of non-compliance with reporting obligations



The Financial Reporting Review Board (FRRB) has, during their
review of some published accounts, come across the following instances of common
non-compliance of reporting obligations by our members. These are published on
P.
1158 – 1160
of the C.A. Journal of January, 2010.


(i) AS – 22 – Certain enterprises disclose advance income
tax paid (current tax asset) and provision for income tax (current tax
liability) separately in their balance sheets, i.e., they do not offset the
amounts. This is contrary to AS 22, Accounting for Taxes on Income. Paragraph
27 of AS 22 requires that an enterprise should offset assets and liabilities
representing current tax if the enterprise:

(a) Has a legally enforceable right to set off the
recognised amounts ; and

(b) Intends to settle the asset and the liability on a net
basis.

(ii) AS – 22 – It has been observed in the case of a few
enterprises that the balances of unabsorbed depreciation and/or losses are
being carried forward under tax law, due to which the deferred tax asset has
been recognised in the financial statements. However, it omits to disclose the
nature of evidence that supports the recognition of such deferred tax assets
with virtual certainty.

(iii) As – 22 – In case of the financial statements of a
few enterprises, it is observed that it has disclosed only the opening
balance, addition during the year and the closing balance of the deferred tax
assets and liabilities,. Also thereis no disclosure of the break-up of the
deferred tax assets and liabilities into their major components which is not
as per the requirements of AS 22.

(iv) Schedule VI to the Companies Act

    a) In case of the financial statements of a few enterprises, it was noted that the opening balance of certain specified reserves do not tally with their closing balance of the last year. Neither the notes to accounts nor the schedules contain any information regarding the
 

differences in such balances. It may be noted that pursuant to the instructions given in Part I of Schedule VI to the Companies Act, 1956, under the head “Liabilities”, the additions and deductions since the last balance sheet are to be shown under each of the specified heads. Therefore, such differences should not arise in the financial statements.

    Paragraph (xi) of Part II of Schedule VI of the Companies Act, 1956 requires that the amount of income tax deducted from the gross income from investments and interests should be disclosed. Some enterprises in their financial statements do not disclose the amount of income tax deducted from the gross income from investment and the interest. This is not in compliance with the requirements of Schedule VI of the Companies Act, 1956.

    Paras 10 and 11 of the above note relate to some discrepancies noticed in audit reports on financial statements. The requirements, AAS28
(The Auditors’ Report on Financial Statements), have been explained.

    Paras 12 to 15 of the above note relate to some discrepancies noticed in reporting under CARO
– 2003.

Members are requested to take note of these discrepancies and ensure that they are not repeated.

  4.  Corporate Governance Task Force Report

The CII had appointed a “Task Force” under the chairmanship of Shri Naresh Chandra on Corporate Governance Code. The Task Force has submitted its draft report to the Corporate Affairs Ministry. The ministry has published this report for the comments of the general public. (Refer the Chartered Secretary Journal for December, 2009, Pages 1768 – 1778). In dealing with “Role of Directors”, this report states:

   i) Auditor – Company Relationship

The report of the Naresh Chandra Committee on Corporate Audit and Governance has suggested that auditors refrain from providing non-audit services to their audit clients. It has also recommended an explicit list of prohibited non-audit services. The Task Force noted that the recommendation has been endorsed by the Ministry of Corporate Affairs and has also been proposed under the Companies Bill, 2009. It concurred with the recommendation that the legislation should expressly prohibit auditors from rendering certain services to their audit clients. Audit firms should have to mandatorily disclose network agreements between audit firms and non-audit companies, pecuniary interests exceeding 2% between the audit firm and its affiliate  non-audit

service firm or company, and Chinese wall and data protection /confidentially measures that are in place between them. The Task Force noted the existing practice in this regard and found it to be sufficient.

ii)    Auditors’ Revenues from  the Audit Client

Not more than 10% of the revenues of an audit firm, singly or taken together with its subsidiaries, associates or affiliated entitles, should come from a single corporate client or group with whom there is also an audit engagement.

iii)    Certificate of Independence

Every company must obtain a certificate from the auditor certifying the firm’s independence and an arm’s length relationship with the client company. The Certificate of Independence should certify that the firm, together with its consulting and specialized services, affiliates, subsidiaries and associated companies or network or group entities have not /has not undertaken any prohibited non-audit assignments for the company, and are independent vis-à-vis the client company, by reason of revenues earned and the independence test are observed.

   iv) Audit Partner Rotation

The Task Force considered the on- going debate on the requirements of rotation of audit versus rotation of audit partner after a specified period of time. The view that audit firms should be changed after 9 or 10 years was discussed. In line with the international practice, the Task Force considered it expedient to recommend mandatory rotation of audit partners after two terms of three years each. This would help discourage creation of any affinity between auditors and controlling shareholders or promoters or the management and may help to prevent “capture” of the audit process by corporate insiders. An initial experience of the impact of rotation of the audit partner should be studied. If this measure does not improve or prevent “capture of audit process by corporate insiders”, then the alternative of rotation of auditor’s after nine years should be made mandatory. Therefore, it is recommended that:

    The partners handling the audit assignment of a listed company should be rotated after every six years. The partners, and at least 50% of the audit engagement team responsible for the audit, should be rotated every six years.

    A “cooling-off” period of three years should elapse before a partner can resume the same audit assignment.

   v) Auditor’s Liability

The firm, as a statutory auditor or internal auditor, has to confidentially disclose its net worth to the listed company appointing it. Each member of the audit firm is liable to an unlimited extent.

vi)    Appointment of Auditors

The Audit Committee of the Board of Directors shall be the first point of reference regarding the

appointment of auditors. The Audit Committee should have regard to the entire profile of the audit firm, its responsible audit partner, his or her previous experience of handling audit for similar sized companies and the firm and the audit partner’s assurance that the audit clerks and/or understudy chartered accountants or paralegals appointed for discharge of task for the listed company, shall have done a minimum number of years of study of Accounting Principles and have a minimum prior experience as audit clerks.

In order to discharge the Audit Committee’s duty, the Audit Committee shall:

  •     Discuss the annual work programme and the depth and detailing of the audit plan to be undertaken by the auditor, with the auditor;

  •     Examine and review the documentation and the Certificate for Proof of Independence of the audit firm, and

  •     Recommend to the board, with reasons, the appointment / reappointment or removal of the external auditor, along with the annual audit remuneration.

   vii) Qualifications introduced by Statutory Auditors or Internal Auditors in their Audit Reports, Tax Audit Reports or CARO Reports

The Task Force recommended that the ICAI appoint a committee with a significant membership of government directors, and invited management professional and lawyers having an understanding of accounts to standardise the language of disclaimers or qualifications permissible to audit firms. Anything beyond the scope of such permitted language should require the auditor to provide a sufficient explanation and should not create a new escape route for avoiding responsibility for discharging the audit function diligently, as the public relies upon them to do a thorough job.

    5. WIRC – Elections

The following members have been elected to WIRC for a 3-year term, from 2010 to 2012.

Sarvashri (i) Agarwal VK, (ii) Apte DM, (iii) Bhandari AS, (iv) Chhaira JA, (v) Gandhi DB, (vi) Hegde NC, (vii) Joshi MM , (viii) Joshi SY, (ix) Kabra DK, Khandelwal DK, (xi) Kinare MP, (xii) Lalan SD, Majithia NP, (xiv) Patel BK, (xv) Patodia SK, Pawar CV, (xvii) Raval PR, (xviii) Shah JM, Shah RN, (xx) Shah SD, (xxi) Shah SJ, and Sharma UR.

    ICAI News

(Note : Page nos. given below are from the C.A. Journal of January, 2010)

    Accounting Standard (AS – 4) (Revised) Exposure Draft – Events after the Reporting Period

The Exposure Draft of this Standard has been published from Pages 1188 – 1192. Members are requested to send their comments by 1.2.2010. This standard corresponds to IAS 10. When finalized, this standard will supersede existing AS – 4 dealing with “Contingencies and Events Occurring After the Balance Sheet Date”.

  ii)  Campus Placement Programme

A Campus Placement Programme for newly qualified CAs has been organized by ICAI for those members who have passed the final CA Examination held in May, 2009 and November, 2009. The dates for the programme as reported on Page 1176 are as follows:

 iii)   Admission of IA & AS Officers in CA Profession

The ICAI Council has decided that Indian Audit and Accounts Service (IA & AS) officers working in C & AG offices can take up the CA course by complying with the prescribed requirements. Any IA & AS officer desiring to acquire CA membership will have to pass CPT, IPCC & CA Final Examination. He will also have to undergo three years Articleship. His service with C & AG office for one year will be considered as industrial training and he will have to undergo two years of Articleship with a practicing CA. (Refer Page 1038)

 iv)   New Guidelines for opening new branches of ICAI

At present, a branch of ICAI can be opened at a city if there are 150 members or more in that city or within a distance of 50 kms. from the city limits. Now, a new branch can be opened if there are more than 100, but less than 150 members, and there are more than 250 students in the city or within 50 kms. from the city. Further, if there is no branch in any district, a branch can be opened in any city of that district if there are at least 100 members in that district. (Refer Page 1038)


    ICAI New Publication

Compendium of Opinions of EAC – Vol. XXVI. (Page 1171).

ICAI And Its Members

ICAI and Its Members

1. Disciplinary case :


In the case of ICAI v. Shri P. U. Patil, the Addl.
Collector of Customs had filed a complaint against the member alleging that the
member had issued false certificates of past exports to several parties without
verifying any supporting records or documents. On the strength of these false
certificates, certain unscrupulous importers were able to obtain import licences
and effect imports without payment of duty.

The allegations were examined by the Disciplinary Committee
of ICAI and it was found that the member was guilty of professional misconduct
under clauses (2), (7), and (8) of Part I of the Second Schedule to the C.A.
Act. The Council of ICAI accepted this finding and referred the case to the
Bombay High Court with recommendation to award punishment of removal of name of
the member for one month.

In the statement made before the customs authorities, the
member stated that his friend one Mr. ’D’ brought one certificate typed on the
letter-head of one of the importers and also brought one form of certificate to
be issued by him on his letter-head. The member requested Mr. ’D’ to produce the
relevant documents and records. However, Mr. ’D’ told him that the said importer
was known to him and, therefore, there was no need to verify the
records/documents. On this basis, the member issued the certificate without any
verification. The member had issued similar certificates to other parties also
on the basis of the recommendation of Mr. ‘D’. The member could not produce any
working papers before the Disciplinary Committee. The member did not attend
before the Bombay High Court. Considering the conduct of the member, the High
Court has ac-cepted the recommendation of the Council and held that the name of
the member be removed for one month. (P. 1198 of C.A. Journal for January,
2009.)

2. Compliance with CPE Credit Hours :


ICAI has made the following announcement.

(i) The time limit for completing the CPE Credit Hours for
2008 has been extended to 31-1-2009. In other words, a member may complete the
required 30 hours (including minimum 20 structured) of learning for 2008 by
31-1-2009. Similarly, members not in practice and senior citizens who have to
complete specified period (15 or 10) of unstructured learning in 2008 can
complete this period by 31-1-2009.

(ii) Members who have not completed the above CPE Credit
Hours of learning in a year will have to complete double the number of deficit
hours in the next year.

(iii) In cases where members holding certificate of practice
do not complete the CPE Credit Hours for 2008, the Council has decided that
names of such members will not be included in any panel that is forwarded by the
Institute, on or after 1st January, 2009, to any regulators or other
authorities. In the case of a firm, if any partner/paid assistant has not
completed the requisite CPE credit hours for the year 2008, the name of the
partner/paid assistant will not be included while considering the eligibility
criteria and this fact will be stated in case the firm is otherwise found
eligible after excluding names of such partners/paid assistants.

3. Accounting Technicians Course :


(i) The C.A. Regulations are amended by a Notification dated
2-12-2008 to give recognition to the above course for students. These amendments
are published on pages 1232-1236 of C.A. Journal for January, 2009. Broadly
stated, this course provides that a student who has passed 10 + 2 examination
can join this course after passing the CPT entrance examination. Thereafter, the
student needs to pass four papers in (a) Accounting, (b) Business Laws, Ethics
and Communication, (c) Cost Accounting and Financial Management, and (d) Direct
& Indirect Taxation after undergoing study course for about 9 months with the
Board of Studies. The student has also to undergo 100 hours computer training
and an orientation course. To ensure that the student has adequate practical
exposure, such student will be required to undergo practical training of one
year under a Chartered Accountant whether in industry or in practice before
he/she is awarded Accounting Technician Certificate (ATC). He/she will be able
to use designation as ‘Accounting Technician’.

(ii) The following categories of candidates are entitled for
grant of Accounting Technician Certificate and such students, for the purpose of
issue of the Certificate are required to make an application to ICAI at Regional
office. No fees are payable for getting this certificate.

(a) Passed Professional Competence Examination, in
entirety, and also completed the prescribed period of practical training, as
applicable at the relevant time including excess leave, if any.

(b) Passed Professional Education (Examination II), in
entirety, and also completed the prescribed period of practical training, as
applicable at the relevant time including excess leave, if any.

(c) Passed Intermediate Examination under the Chartered
Accountants Regulations, 1988, in entirety, and also completed the prescribed
period of practical training, as applicable at the relevant time including
excess leave, if any.

(d) Passed Intermediate Examination under the Chartered
Accountants Regulations, 1964, in entirety, and also completed the prescribed
period of practical training, as applicable at the relevant time including
excess leave, if any.

(e) Passed Intermediate or the First Examination under the
Chartered Accountants Regulations, 1949, in entirety, and also completed the
prescribed period of practical training, as applicable at the relevant time
including excess leave, if any.

(f) Exempted from passing the First Examination under the
Chartered Accountants Regulations, 1949, in entirety, and also completed the
prescribed period of practical training, as applicable at the relevant time
including excess leave, if any.



Note : The above application can be made online and the
relevant Form of Application appears on the website of the Institute at http://www.icai.org/addupdate/dec72008.php.

4. Changes in the C.A. Course for Students:

Some important changes are made in the existing CA. Course for the students. In the new scheme, any CPT pass student can get registered for ‘Integrated Professional Competence Course’ (IPCC) (new name for the course earlier called PCC) without articleship registration and can sit in the new IPCC exam after 9 months of registration. The new IPCC comprises 2 groups. Group 1 has 4 papers and Group 2 has 3 papers.

Though the number of papers of the IPCC has been increased from 6 to 7, there is no change in the syllabus. The existing syllabus on Accounting has been divided into two parts. The first part has been named as Accounting in Group I and the second part has been named as Advanced Accounting in Group H. Only on passing Group I of the IPCC will a student be eligible to get registered for articleship, which shall now be for a period of 3 years as against the existing requirement of 3 1/2. Further, under the new scheme, a student will be eligible to sit in the final exam in last six months of his articleship as against the existing condition to sit in final exam only after the completion of articleship.

The new scheme has come into effect from 10th December 2008.However, an option has been given till 30th June 2009to the existing CPT pass students and to those who appeared in CPT examination held on 14th December 2008to choose between the PCC and the new IPCC.Those students who have passed CPT and have not so far got themselves registered for articleship and also those who pass CPT exam held on 14th December 2008, are free and eligible to get registered under the new scheme for the IPCC after the declaration of CPT result without articleship registration. All such students getting registered for the IPCC on or before 31st January 2009 will be eligible to sit in the new IPCC exam scheduled for November, 2009, as they will have completed 9 months of study by that time.

Details of the new course are given in the Notification dated 2-12-2008published at pages 1232-1236 and on pages 1238-1239of C.A. Journal for January, 2009.

5. Internal Audit – Standards & Exposure Drafts (SIA) :

(Note:  Page Nos. below are from CA. Journal for January, 2009)

A. Standards  on Internal Audit  (SIA) :

(i) SIA-9 Communication with Management (Pages 1253-1255)

(ii) SIA-10 Internal Audit Evidence (Pages 1256-1257)

(iii) SIA-11 Consideration of Fraud in an Internal Audit (Pages 1257-1259)

B. Exposure Drafts on Standards on Internal Audit (SIA) :

i) SIA – Using the Work of an Expert (Pages 1286-1287)

ii) SIA- Internal Audit in an Information Technology Environment (Pages 1288-1292)

iii) SIA – Knowledge of the Entity and its Environment (Pages 1292-1294)

6. Auditing  Standards  and  Exposure  Drafts:

(Note:  Page Nos. below are from c.A. Journal for January,2009)

A.  Standards  on Auditing (SA) :
(i) SA-230 (Revised) – Audit Documentation (Pages 1260-1265)
(ii) SA-560 (Revised) – Subsequent Events (Pages 1266-1271)

B. Exposure Drafts of Standards on Auditing (SA) :
(i) SA-320 (Revised) – Materiality in Planning and Performing an Audit (Pages 1272-1276)
(ii) SA-450 – Evaluation of Misstatement Identified During the Audit (Pages 1277-1281)
(iii) SA-610 (Revised) – Using the Work of Internal Auditors (Pages 1282-1285)

7. ICAI News:

(Note: Page Nos. below are from C.A. Journal for January,2009)

i) Enhancing Audit  Quality:

Some observations made by Financial Reporting Review Board are listed in order to enable members to improve the quality of audit of corporate bodies. These observations relate to major non-compliances relating to :

  •     AS-18 Related  Party  Disclosures
  •     AS-19 Leases
  •     AS-20 Earnings  per Share
  •     AS-22 Accounting  for Taxes on Income
  •     AS-26 Intangible  Assets
  •     AS-28 Impairment  of Assets  (Page 1226)

ii) ICAI  to be XBRL Indian Jurisdiction

The Institute has been assigned the Indian jurisdiction of XBRL (eXtensible Business Reporting Language) International. Consequently, the Institute will be the Indian entity which will encourage the development and adoption of XBRL in India and will represent the Indian interest at this international level. The Ministry of Corporate Affairs and the various regulators, namely, RBI, SEBI and IRDA are part of the group constituted by the ICAI and are supporting the Institute in this initiative. XBRL is a novel way of communication of business and financial data that is of immense utility to governments, regulators, stakeholders, etc.

iii) Exclusive T.V. Channel for learning:

The Institute is launching an exclusive TV channel dedicated to learning. This channel will greatly boost the ICAl’s credentials as a pioneer in teaching through the distance education mode. This channel will make quality accountancy education accessible to interested students in the country, and will particularly cater to the needs of the students hailing from lower strata of society. This will also help in conducting CPE programmes on a regular basis. These programmes will also be accessible even in remote/far-flung areas of the country.

iv) New ICAI  Secretary:

Shri T. Karthikeyan who joined ICAI in 1978 has been appointed as Secretary of the Institute. He has worked in the Institute in various capacities during the last 30 years and gained popularity with the staff, students and members of the Institute by his efficient and dedicated work. In particular, he has thorough knowledge about the CA. Act and Regulations as well as disciplinary cases. We wish him successful term of office as Secretary of the Institute.

v) ICAI Publications:

a) Implementations   Guide  to SQC-l  (Page 1152)
b) Handbook on Foreign Trade Policy and Guide to Export and Import (Page 1242).

ICAI And Its Members

ICAI and its Members

1.
Companies Bill, 2009 — Accounts and Audit :


Companies Bill, 2009, was
introduced in the Parliament on 3-8-2009. It was referred to the Standing
Committee for Finance on 9-9-2009. The Report of the Finance Committee dated
26-8-2010 was presented to the Parliament on 31-8-2010. Based on this report the
Companies Bill is being modified by the Ministry of Corporate Affairs. The
modified Bill is likely to be discussed and adopted by the Parliament in the
Budget Session in February-May 2011. Some important changes, relating to
accounts and audit, as suggested by this Committee, are as under.

(i) Clause 117(3) of the
Bill provides that the accounts of subsidiary companies should be consolidated
in cases of all companies. The committee has suggested that unlisted companies
be exempted from this requirement.

(ii) Clause 118 of the Bill
provides that the Central Government shall constitute ‘National Advisory
Committee on Accounting and Auditing Standards’ (NACAAS) to advise the
Government on accounting and auditing polices and standards for adoption. The
committee has welcomed this provision and observed that NACAAS should be
institutionalised not only as a body for setting up auditing standards, but also
as a quasi-regulatory body for generally supervising the quality of audit
undertaken. Under clause 126(10), the Central Govt. has been given authority to
notify the auditing standards in consultation with NACAAS and the auditors will
have to comply with these standards. This provision, if implemented, will
restrict the authority of ICAI to issue the auditing standards.

(iii) The committee has
suggested that a new clause be added in the Bill to provide for appointment of a
Chartered Accountant or a Cost Accountant for conducting Internal Audit of the
books of accounts of specified classes of companies. The Government should
prescribe the Rules about the manner in which Internal Audit should be conducted
and reported.

(iv) Clause 123 of the Bill
provides that a company shall appoint an individual or a firm as an auditor at
the annual general meeting. The committee, in its report, has suggested the
following far-reaching changes in this clause, which will affect the entire
auditing profession :

    (a) An individual Chartered Accountant or a firm of Chartered Accountants shall be appointed as auditor for not more than five consecutive years.

    (b) An Individual auditor who has completed a five year term, shall not be reappointed as auditor for the next three years in that company.

    (c) A firm of auditors who has completed a five years’ term, shall not be reappointed as auditor in the same company for the next five years.

    (d) In the case of the firm, being auditor of a company, the auditing partner should be rotated every three years. The auditing partner rotated, as above, shall not be eligible to be the auditing partner for audit of the same company for the next three years.

    (e) NACAAS should be entrusted to develop and prepare a comprehensive list of audit firms over a period of three years. Once this list is ready, it will be mandatory for any company to appoint an auditor from this list only. During this interim period, companies can appoint their auditors on their own.

(v) The Audit Committee has
to ensure and monitor that the independence criteria has been fulfilled by the
auditor of the company throughout the year.

(vi) The auditor who has
resigned or is proposed to be removed before the expiry of his term will have to
file with the company and the ROC the prescribed form giving reasons and other
relevant facts. The matter about resignation or removal of the auditor, with
reasons recorded by him, will have to be first considered by the Audit
Committee. The Board of Directors shall consider the recommendation of the Audit
Committee, and thereafter, with the approval of the General Meeting accept the
resignation of the auditor and appoint another auditor. In case of removal of
auditor, before expiry of his term, special resolution of General Meeting will
be required.

(vii) Clause 125 of the Bill
provides for remuneration of Auditors. It is suggested by the committee that the
notice for the General Meeting shall give justification for payment of the
amount of remuneration proposed. Further, the shareholders, while approving the
remuneration of Auditors, will have to take into consideration the net worth and
turnover of the company. If this suggestion is implemented, the present practice
in some companies to provide in the resolution that the audit fees payable to
Auditors will be fixed by the Board of Directors will have to be discontinued.

(viii) Clause 127 of the
Bill provides that a statutory Auditor of the company shall not render any other
services viz. (i) Accounting, cost accounting and book keeping, (ii) Internal
Audit, (iii) Design and implementation of any financial and cost information
system, (iv) Acturial services, (v) Investment advisory services, (vi)
Investment banking services, (vii) Rendering of outsourced financial services
and (viii) Management services. As regards other services, relating to tax
audit, tax representation, tax advisory services, etc. approval of Board of
Directors or Audit Committee will be required. The committee has suggested that
the statutory auditor of holding company also should not render the above
services listed in Clause 127 to a subsidiary company.

(ix) The committee has
suggested that Secretarial audit report should be attached to the financial
statements by companies exceeding certain threshold limit of paid-up share
capital.

(x) Clause 130 of the Bill,
after suggestion of the committee, provides for the following punishment for
contravention of certain provisions by the Auditors :

(a) If the auditor contravenes the provisions of Clauses 126, 127 and 128 dealing with powers and duties of auditors and compliance with auditing standards, rendering other services and signing of audit report, he shall be punishable with imprisonment for a term up to one year and with fine ranging from Rs.50,000 to Rs.25 lacs or with both.

(b)    On conviction as above, the auditor will be liable to refund the remuneration received by him to the company and also pay damages for loss arising out of incorrect or misleading statements in the audit report.

(c)    In the case of audit by a firm, if it is proved that the audit partner or partners have acted in a fraudulent manner or abetted or colluded in any fraud by, or in relation to, or by, the company or its directors or officers, the civil or criminal liability in any law shall be of the audit partner or partners as well as the firm jointly and severally.

(xi)    As regards cost audit, the committee has suggested that Clause 131 of the Bill should be suitably amended and a Cost Auditor should be appointed by the shareholders at the AGM in the same manner as statutory auditors.

Some of the above suggestions of the committee, if accepted by the Government and enacted by the Parliament, will have far-reaching consequences on the practising members of our profession. Some of the provisions undermine the autonomy of our Institute granted to us six decades ago. It is surprising that no serious protest has been made by our Institute or the elected representatives in the Council. No public debate has been generated and our members are not aware about the implications of these far-reaching changes likely to be made in the company law in the next year.

2.    Special Loan Scheme of Corporation Bank for our Members:

The Committee for Capacity Building of CA Firms and Small & Medium Practitioners, ICAI, has taken a major initiative to arrange financial assistance to all members in practice/firms in the form of specially designed loan scheme through Corporation Bank. Under this scheme, eligible Chartered Accountants can avail finance for setting up offices, including cost of furniture/ fixture/office equipments — computers and other accessories. The scheme would also enable Chartered Accountants to finance a part of working capital for building their profession and would also take care of the needs of fresher (CAs with experience below three years).

Members and firms are requested to avail the benefits of this loan scheme. For further details, please contact the nearest branch of Corporation Bank.

    3.    Special programme through video conferencing mode:

    The Committee for Members in industry of the Institute of Chartered Accountants of India provides opportunity to employers to interact with newly qualified Chartered Accountants providing a cost effective mode of recruiting newly qualified Chartered Accountants.

    Special placement programme is a step ahead as an extension to the same programme, but with a different objective. For the first time, CMII has taken an initiative to organise a separate special placement programme through video conferencing mode for Chartered Accountants for getting placed, not only within the country, but also for taking up jobs abroad. Many CAs are providing their services to organisations in Gulf Council Countries/Middle East. To facilitate employment of Chartered Accountants in the GCC/Middle East, CMII of ICAI is organising a special placement programme.

    This programme would enable corporates working in Gulf Council countries (GCC)/Middle East to recruit Chartered Accountants through video conferencing mode from Chennai, Kolkata, Mumbai and New Delhi centres. (Refer P. 807 of C.A. Journal for November, 2010).

    4.    Online Articles Placement Portal:

    The Board of Studies has introduced an optional campus placement scheme for selection of Articled Assistants by CA firms. The pilot campus placement programme was held in Delhi in August 2010 for the CA firms having their HOs/Branch Offices in Delhi/New Delhi and for eligible students who would like to service their articles in CA firms in Delhi/ New Delhi. Considering the good response, positive feedback and requests received from both CA firms and students, it has been decided to start an Online Articles Placement Portal — http://bosapp.icai. org from 5th October, 2010 to facilitate placement of Articles in CA firms on an all-India basis. Eligible candidates and CA firms can avail of this facility and register themselves online through the portal. The candidates shortlisted by CA firms would be informed by email through the portal, to appear for interviews/interactions at their respective offices, on the designated date and time. (Refer P. 690 of C.A. Journal for November, 2010).

ICAI And Its Members

1. Disciplinary case :

    In the case of ICAI v. Shri R. K. Tayal, the Bank had complained that it had sanctioned loan of Rs.630 lacs to one of its clients (Company) for its expansion- cummodernisation project. As per the terms and conditions of the sanction, the Company was to bring about Rs.135 lacs by way of promoter’s contribution. While requesting for disbursement of the sanctioned amount, the Company stated that it had already spent Rs.147.21 lacs for the project and, in support of this, it submitted a certificate from the member. In this certificate it was stated that the Company had already spent Rs.147.21 lacs for the project. Based on this certificate the Bank disbursed loan of Rs.315 lacs. In the above certificate the member had stated that certain payments were made which was found to be not correct. Hence, the Complainant Bank alleged that the member had not verified the records properly before issue of the certificate and that the said certificate did not mention about the end use of the funds.

    The Disciplinary Committee, after examining the evidence, submitted a report to the Council that the member was guilty of professional misconduct under clauses (5) to (8) of Part I of Second Schedule to CA Act (Gross negligence in performance of professional duty). This finding was accepted by the Council and it recommended to the High Court that the name of the member be removed from the Register of Members for 3 months.

    In its judgment, the Delhi High Court has held that the member was grossly negligent in his professional duties in giving the certificate to the Bank without proper verification of the records. The High Court observed that the lack of responsibility displayed by the member clearly showed that he had acted in a manner unbecoming of a Chartered Accountant. The High Court further observed that there has to be some degree of integrity and probity which is expected of a Chartered Accountant who is regularly concerned with the financial transactions and on the basis of whose recommendations and certificates, financial institutions, banks, etc. disburse loans or enter into other financial transactions. With these observations the High Court has accepted the recommendation of the Council to remove the name of the member from the Register of Members for 3 months (Refer page 737-738 of CA Journal for November, 2009).

2. Some ethical issues :

    The Ethical Standards Committee of ICAI has issued the following clarifications on some ethical issues in the form of questions and answers for the benefit of members.

        (i) Q. Can a Chartered Accountant in practice accept original professional work emanating from the client introduced to him by another member ?

        Ans. : A Chartered Accountant in practice should not accept the original professional work emanating from a client introduced to him by another member. If any professional work of such client comes to him directly, it should be his duty to ask the client that he should come through the other member dealing generally with his original work.

        (ii) Q. Can a member in practice solicit clients or professional work by advertisement ?
        Ans. : The CA Act prohibits a member in practice from soliciting clients or professional work either directly or indirectly by circular, advertisement, personal communication or interview or by any other means.

        However, there are following exceptions to it :

    (i) A member can respond to tenders or enquiries issued by various users of professional services or organisations from time to time and securing professional work as a consequence.

    (ii) A member may advertise changes in partnerships or dissolution of a firm, or of any change in the address of practice and telephone numbers, the advertisement being limited to a bare statement of facts and consideration given to the appropriateness of the area of distribution of the newspaper or magazine and number of insertions.

    (iii) A member is permitted to issue a classified advertisement in the Journal/Newsletter of the Institute intended to give information for sharing professional work on assignment basis or for seeking professional work on partnership basis or salaried employment in the field of accounting profession provided it only contains the accountant’s name, address, telephone, fax number and e-mail address.
        (iii) Q. Whether sponsorship or prizes can be instituted in the name of Chartered Accountants’ firms ?

        Ans. : As per the CA Act it is not objectionable to institute prizes in the name of the individual Chartered Accountant and also in the firm’s name provided the designation ‘Chartered Accountant’, is not indicated in the prize and the clause relating to advertisements and publicity are complied with.

        (iv) Q. Whether a Chartered Accountant in practice can give public interviews and also whether he can furnish details about himself or his firm in such interviews ?

        Ans. : A Chartered Accountant in practice can give public interviews. While doing so, due care should be taken to ensure that such interviews or details about the members or their firms are not given in a manner highlighting their professional attainments, which may hit clauses (6) and (7) of the First Schedule of the CA Act.

    (Refer Page 718 of CA Journal for November 2009)

3. ICAI accounts :

The Council has adopted audited accounts of ICAI for the year 2008-09 on 25-9-2009. Some salient features of the accounts are as under :
4. EAC opinion:

The Expert Advisory Committee (EAC) of ICAI has recently given an opinion on accounting for business of manufacture, erection and commissioning of Wind Electric Generators (WEGs).

The company based on negotiation prepares three separate purchase/works orders viz. (a) purchase order for supply of WEGs (b) work order for civil, electrical and infrastructure work and (c) order for erection and commissioning of WEGs. The company recognises revenue based on the completion of an activity covered in the aforementioned three purchase/works order separately.

The EAC of lCAl is of the view that the three sepa-rate contracts entered into by the company with its customers are in fact one composite contract which has been broken into three separate agreements.

Further, the committee noted that the performance in respect of sale of WEGs is not complete until the commissioning of WEGs and commissioning is an essence of the contract. Therefore, the company can not adopt the policy on revenue recognition independently for the three orders as these form part of the single composite contract. Hence, the company should recognise revenue only on commissioning of the WEGs.

[Pleaseseepage nos. 739 to 741 of c.A. Journal for November, 2009.]

5. Standards on Auditing – Exposure Drafts:

The following Exposure Drafts are published by lCAl for comments of members. Page Nos. given below  are from CA Journal for November, 2009 :

i. Standard on Auditing  (SA) 220 (Revised)

Quality Control for Audit of Financial Statements (P. 820)
 
ii. Standard on Auditing  (SA) 501 (Revised)

Audit Evidence – Specific Consideration for Selected Items (P. 826)
 
iii. Standard on Auditing  (SA) 505 (Revised)

Analytical  Procedures  (P. 830)

 iv. Standard on Auditing  (SA) 505 (Revised)

External  Confirmations  (P. 834)

v. Standard on Auditing  (SA)  620 (Revised)

Using the Work of Auditors  Expert  (P. 840)

8. New  publications   by ICAI :

Details of the following  publications are given on P. 811 of CA Journal for November, 2009:

i) Data Analysis of Auditors – Practical Case Studies on using CAATS

ii) XBRL –  Primer

ICAI And Its Members

ICAI and Its Members

1. Disciplinary case :


In the case of ICAI v. P. V. Mehta the Department of
Customs, Government of India, filed a complaint against the member. It was
alleged that the member had issued a false certificate about export performance
by two concerns. On the basis of such certificates the parties obtained import
licences, effected imports and cleared the goods imported free of duty. The
matter was investigated by the Disciplinary Committee which found that the
member was grossly negligent in the discharge of his professional duties under
clause (7) of Part I of the second schedule of the C.A. Act. The Council, after
accepting the above report, decided to recommend to the Bombay High Court for
removal of the name of the member for one month.

The Bombay High Court has accepted the recommendation of the
Council. The High Court has observed that the member has admitted that he did
not verify the books or the relevant records or documents as also the figures of
turnover of the two concerns. The member admitted that he had signed the export
performance certificates prepared by the Internal Auditor who was also a member
of the Institute. The High Court, after considering the facts of the case,
accepted the finding of the Disciplinary Committee and the Council and confirmed
the punishment of removal of the name of the member for one month (Refer page
831 of C.A. Journal for November, 2008).

2. EAC opinion :


The Expert Advisory Committee (EAC) of ICAI has considered
the question of valuation of investment in shares of a subsidiary company for
non-cash consideration on pages 788-790 of C.A. Journal for November, 2008. In
this case a State Government company (ABC Ltd.) engaged in mining and selling of
rock phosphate, gypsum, etc. received an ‘in-principle approval’ from the
Government of India for allocating coal blocks in certain Lignite mines to the
company. For this purpose, ABC Ltd. was required to form a separate company to
undertake this mining activity. The company entered into a joint venture with a
private sector company and decided to form one JVC Ltd. It was agreed between
the parties that JVC Ltd. will be a subsidiary of ABC Ltd. in which it will hold
51% share capital, and private sector company will hold 49% share capital.

JVC Ltd. issued certain shares to ABC Ltd. for which no
payment was made by ABC Ltd. In the J.V. agreement it was provided that ABC Ltd.
will obtain licences, approvals, etc. and will also contribute its local
knowledge, technical knowledge and other expertise in relation to the mines. JVC
Ltd. was required to allot equity shares carrying 51% voting right to ABC Ltd.
for which no payment was to be made. The private sector company was to hold 49%
shares, arrange entire investment and also provide management support.

ABC Ltd., on allotment of 51% shares in JVC Ltd., debited
face value of shares to Investment A/c. and credited the amount to Capital
Reserve A/c. The amount debited to Investment A/c. was shown by ABC Ltd. under
the head ‘Investments’ in the balance sheet. The Auditors qualified the audit
report by stating that this should have been valued at ‘Nil’ as no payment was
made. According to the Auditors, assets of ABC Ltd. were stated at a higher
figure to this extent.

The EAC has examined the issue on the basis of paras 28/29 of
AS-13 ‘Accounting for Investments’ and given the opinion that the correct
accounting treatment in the books of ABC Ltd. for shares of JVC Ltd. issued/to
be issued in future to ABC Ltd. would be to recognise the same at fair value of
the services and licence to be provided by ABC Ltd. to JVC Ltd. Whether ABC Ltd.
has made actual payment or not is not material. In this case, consideration is
in kind and, therefore, valuation of investment in JVC Ltd. should be made as
explained in para 28/29 of AS-13.

3. Companies Bill — 2008 :


Companies Bill, 2008, has been introduced by the Minister of
Company Affairs in Lok Sabha on 22nd October, 2008. This Bill contains 426
sections and there are no schedules. This Bill, when enacted, will replace the
existing Companies Act, 1956.

4. Limited Liability Partnership (LLP) :


Limited Liability Partnership Bill (LLP Bill) providing for
establishment of Limited Liability Partnerships (LLP) in our country was
introduced in the Rajya Sabha by the Minister of Company Affairs on 15th
December 2006. This Bill was referred to the Parliamentary Standing Committee.
This committee’s report was presented to Lok Sabha and Rajya Sabha on 27th
November 2007. Based on the report of the committee some changes were made in
the original Bill. The revised LLP Bill, 2008 was presented to Rajya Sabha on
21st October 2008, and passed by Rajya Sabha in October, 2008. It will now be
placed before the Lok Sabha in December and may, hopefully, be passed before the
end of the current year. It may be noted that the basic structure proposed in
LLP Bill, 2006, has been retained in LLP Bill, 2008. Some changes are made in
the original Bill, which are of procedural nature. Concept of LLP is accepted in
USA, U.K., Australia and other countries. The new Bill, when enacted, will
provide for an alternative corporate business vehicle that provides the benefits
of limited liability and allows its members the flexibility of organising their
internal structure as a partnership based on a mutually arrived agreement. This
enactment will come into force on the date to be notified by the Central
Government after the Bill is passed by the Parliament. Salient features of
revised LLP Bill are as under :


i) Any two or more persons can form LLP for the purpose of carrying on any business, trade, profession, service or occupation. Even a limited company, an LLP, Non-resident, foreign LLP/Company can be a partner in LLP.

ii) Every LLP has to have at least two designated partners, at least one of whom should be a resident Indian. Designated partners shall be responsible for compliance with all legal requirements of the LLP Act, Rules and other Laws.

iii) LLP has to get itself registered with the Registrar of Companies (ROC) by filing the pre-scribed form of incorporation document and on payment of the prescribed fees. The incorporation document is to be accompanied by a statement about legal compliance signed by an advocate, a chartered accountant, a company secretary or a cost accountant.

iv) Upon incorporation, LLP will be treated as a body corporate and will be considered as a legal entity separate from its partners. It shall have a common seal and perpetual succession.

v) The procedure for obtaining name of LLP is the same as in the Companies Act. For this purpose, the name has to be approved by ROC.

vi) The limit of 20 partners (for business or profession) and 10 partners (for banking business) which applies to partnerships will not apply to LLP. It will be possible for Chartered Accountants to form LLP for rendering management consultancy service and there can be more than 20 partners in such LLP.

vii) Upon incorporation of LLP, its partners will have to enter into a partnership agreement in writing, stating capital contribution of each partner, share of each partner in profits and losses, interest/remuneration payable to each partner and other rights and duties of partners of LLP. The agreement is to be filed with ROC. If no such agreement is executed, the relationship between the partners shall be governed by the provisions of the First Schedule to the LLP Act.

viii) Agreement is to be executed when there are changes in partners or there are changes in the terms and conditions of the partnership. Such agreement is also to be filed with the ROC.

ix) Every partner of LLP is an agent of LLP.How-ever, he is not an agent of other partners. The liability of each partner is limited to the extent of his contribution as specified in the partnership agreement. The liability of LLP is limited to the extent of its assets.

x) LLP has to maintain its books of accounts either on cash or on accrual basis. Such accounts have to be audited every year in such manner as may be provided by the rules. LLP has to file audited statements with a solvency statement with ROC within six months of close of financial year (i.e., on or before 30th September). It has also to file an annual return with ROC in the prescribed form within 60 days  of close of Financial  Year (i.e., 31st May).   

xi) Any existing partnership can be converted into LLP by complying with the procedure laid down in the Second Schedule to the Bill.

xii) Similarly, a Private Limited Company or a Public unlisted company can also convert it-self into LLP by following the procedure laid down in the Third/Fourth Schedule to the Bill.

xiii) The Central Government is authorised to frame rules providing for procedure to wind up a LLP.

xiv) ROC is empowered to collect fees for filing documents with him and for levying penalties for defaults on the part of LLP. The Central Government is authorised to frame rules for administration of LLP Act.

xv) The National Company Law Tribunal is given powers to sanction arrangement, reconstruction, mergers, demergers, compromise with creditors, etc.

xvi) LLP Bill, 2008 is divided into 14 chapters and contains 81 sections and four schedules. The Central Government has power to alter any of the schedules.

xvii) The LLP Bill does not deal with tax aspects of LLP. The Income-tax Act will have to be amended for this purpose. It is likely that LLP will be considered as ‘Firm’ and all the provisions of the Income-tax Act applicable to Firms will apply to LLP. We have to await the amendments in this respect in the forthcoming Budget.


Standards  on Auditing  (SA) :

The following Exposure Drafts are published for comments in November, 2008, CA. Journal at pages stated below:

i) ‘Agreeing the Terms of Audit Engagements’ SA-210 (Revised) together with Explanatory Memorandum (Pages 912-924).

ii) “The Auditors’ Responsibility in Relation to Other Information in Documents containing Audited Financial Statements” SA-720 together with Explanatory Memorandum (Pages 925-930).

6. ICAI  News:

(Note: Page Nos. given below are from CA. Journal for November,2008)

(i) New Certificate courses for members (Page 768):

Following two certificate courses are started for members:

(a) Forex and Treasury Management – This course covers the areas of foreign exchange market, money market, bond market operations and related financial products.
 
b) Derivatives – This course covers financial derivatives such as forward contracts, futures contracts, options, swaps and other new derivatives.

i) Enhancing Audit  Quality:

Some observations made by reviewers while conducting peer review are listed in order to enable members to improve the quality of audit of corporate bodies. These observations relate to training programmes for staff (including articled and audit assistants) concerned with attestation function, including appropriate infrastructure (Page 910).

ii) ICAI –  New Branch:

ICAI has opened a new branch in “Beawar” (CIRC) w.e.f. 5-10-2008 (Page 890).

iii) New Publication  of ICAI :

Implementation Guide to Risk-based Audit of Financial Statements – (Page 892).

ICAI And Its Members

ICAI and Its Members

1. ICAI News :


(Note : Page Nos. given below are from C.A. Journal
for July, 2010)

(i) Invitation to join CFO Guild/Members in Industry
Guild :


The Committee for Members in Industry of ICAI has invited
members of the ICAS to join two guilds.

1. CFOs Guild (Corporate Accountants Guild) :


This guild is for members who are occupying high positions
(CEO/CFO/Treasury Head/Head of Analyst, GM or above) in industry. The primary
objective of setting up such a guild is to develop a platform where highly
intellectual and talented pool of people from various organisations can discuss
various issues concerning the profession in general and Members in Industry in
particular.

2. Members in Industry Guild :


Members in Industry Guild is for Members serving in
Industries. The primary objective of setting up such a guild is to develop and
maintain an industrywise database of the members of our Institute serving in
industries.

They can plan, formulate and strategise policies for
improving the image of Chartered Accountants in the eyes of the industry.
Industry-specific seminars/conferences/round table meetings can also be
organised to discuss the matters pertaining to the industry and make them the
brand ambassadors of the profession. The Members shall also be appraised of the
various happenings of the Institute, from time to time.

(ii) Formation of CPE Study Circles for Members in
Industry of ICAI :


29 CPE Study Circles for Members in Industry have already
been formed so far by the CMII. A separate helpline for forming CPE Study for
Members in Industry has been established at the Headquarters of our Institute
with Email : cmii_events@icai.in.

(iii) Retention of period of audit documentation :


The Council of the Institute of Chartered Accountants of
India had in August 2009, pursuant to the provisions of Rule 12 of the Chartered
Accountants (Procedures of Investigations of Professional and Other Misconduct
and Cases) Rules, 2007 had amended the audit documentation retention period
appearing as ten years in paragraph 83 of Standard on Quality Control 1 to seven
years.

(iv) For the attention of the candidates who aspire to
appear in various Chartered Accountancy (CA) examinations scheduled during
November, 2010 :


In order to reduce the time taken in processing the OMR
application forms and also to ensure accuracy in the data pertaining to name,
registration No., group/centre/medium opted, it has been decided to make the
filing of examination application forms online at the url http://icaiexam.icai.org/
as the only mode of application for various CA examinations with effect from
May, 2011.

(v) Invitation for articles on XBRL :


To create awareness about XBRL by developing a pool of
knowledge and sharing it, ICAI invites articles on XBRL from members and others
with knowledge/experience in XBRL for publishing in the Chartered Accountant
Journal. Articles may pertain to relevant topics such as basics of XBRL; its
benefits and uses to various users, such as chartered accountants, banks,
income-tax department, financial analysts and others; challenges in implementing
XBRL, etc.

(vi) Recognition to profession :


Our member CA Piyush Goel has been elected to Rajya Sabha
from Maharashtra recently, and our Past President Kamlesh Vikamsey has been
appointed as the Member of Audit Advisory Committee of United Nations
Development Programme. Our heartiest congratulations to them.

(vii) Non-submission of Form 112 :


The following course of action be adopted for dealing with
the cases of condonation of Regulation 65 w.e.f. 1st April, 2010.

It is clarified that the cases for condonation of breach of
Regulation 65 and 78 received up to 31st March, 2010 would be dealt with in
terms of the Announcement dated 8th January, 2010 i.e., general amnesty.

In case a breach of regulation 65 is noticed at the time of
enrolment as a member, the decisions are as follows:

(viii) ICAI publications :


The Committee on Public Finance and Government Accounting is
coming out with a publication ‘Issues on Public Finance’.

(see pages 200 to 203)

2. Transfer price for the purpose of segment reporting (EAC
Opinion) :


Facts :

A company is a public sector enterprise under the
administrative control of the Ministry of Mines, Government of India and is
engaged in mining of bauxite, manufacturing of alumina and aluminum, generation
of power at a captive power plant for use in smelter, and selling of alumina and
aluminum both in domestic and international market.

Cost of power constitutes about 30% of cost of production of
aluminum. The captive power plant is set up exclusively to supply uninterrupted
power to smelter. It is also connected to State grid to take care of the supply
of emergency power to smelter in case of any breakdown or failure at the captive
power plant. Any surplus power after meeting the requirement of smelter is
automatically transmitted to State grid and treated as sale, as per agreement
with company ‘G’, which is a State Government undertaking.

As per the querist, even though the cost of generation of
power is higher, transfer price of power of the purpose of segment reporting is
considered only at 110 paise/kwh, which results in segment loss in case of the
captive power plant (even though the unit is functioning efficiently and up to
the satisfaction of the management) and higher revenue for chemical and aluminum
segments.

Segment report for the quarter ended December 31, 2008 was
examined by the statutory auditors at the time of limited review and they were
of the opinion that though the unit is performing well, as a result of
compliance with the provisions of AS-17 for inter-segment transfers, as stated
hereinbefore, the power segment reveals loss, which does not appear to be a
proper disclosure.

As per the querist, in case the company is allowed to sell
power to parties other than company ‘G’, revenue earned will be at least three
to four time more. However, since the company is largely dependent upon company
‘G’ for emergency power and back-up power, it will not be practicable to delink
from company ‘G’.

From the aforesaid facts, according to the querist, it is
revealed that the circumstances have arisen only because of non-remunerative
sale price and will continue to be the same till the rate charged from company
‘G’ is revised.

Query :

The querist has sought the opinion of the Expert Advisory Committee as to whether in the circumstances explained above, the loss disclosed in the segment report can be explained by way of giving a note with reference to the provision of Accounting Standard or whether any other formula for transfer pricing can be adopted, which may necessitate revision of AS-17 ?

The Committee noted that the basic issue raised by the querist relates to pricing of inter-segment transfers for segment reporting under Accounting Standard (AS-17) Segment Reporting.

The Committee observed that inter-segment transfer pricing is an accounting policy which relates specifically to segment reporting and that inter-segment transfers should be measured on the basis of the enterprise actually used to price those transfers. In other words, the price that is actually used in the books of accounts to reflect the transactions between different segments and the price that is used to reflect segment results for the purpose of segment reporting under AS-17, should be the same. The Committee further observed that AS-17 neither requires nor recommends that inter-segment transfers should be priced in any particular manner, such as competitive markets prices charged to unaffiliated customers for similar goods as stated by the querist.

EAC opinion :

On the basis of the above, the Committee is of the opinion that the company is free to choose any appropriate pricing policy for inter-segment transfers. Thus, the question of explanation of the loss with reference to any provision/requirements of AS-17, if the existing policy of transfer pricing is continued to be followed, by way of a note to the segment report, does not arise. However, if the company chooses, the loss may be explained by way of a note to the segment report, the note should not state that AS-17 requires adoption of that particular pricing policy. Further, revision to AS-17 with respect to the issue raised by the querist is not required.

(see pages 183 to 185)

ICAI And Its Members

1. Disciplinary case :

    In the case of ICAI v. Shri Basab Kumar Sarkar, (C.A. Journal, July, 2009, P. 99) the Bank of Baroda had filed a complaint against the member alleging that the member had misappropriated the funds of its client. According to the Bank, the member opened an SB A/c. (No. 7831) with one of its branches. After some time, the member added the name of his client in the above account as a joint account holder without his client’s knowledge. His client had a separate account in the same branch of the Bank. When its client gave 14 cheques of Rs.22.11 lacs to the member for depositing these cheques in his A/c., the member deposited these cheques in his A/c. 7831 and withdrew the funds. Similarly, certain FDRs of Rs.5 lacs belonging to its client were also used by the member to take loan from the bank and this money was misappropriated by him.

    The Disciplinary Committee found the member guilty of ‘Other Misconduct’. The Council of ICAI accepted this finding and recommended to the High Court to remove the name of the member from the Register for 3 months. The Kolkata High Court, in its order, observed that the member had not co-operated during the course of inquiry. The member did not make any submissions before the High Court. Considering the facts of the case, the High Court has accepted the above finding of the Council and ordered that the name of the member be re-moved from the Register of Members for 3 months.

2. Provision for LTC benefits :

    A Government company was accounting expenditure on leave travel concession (LTC) to employees in the year of availment of leave due to uncertainties in accrual.

    The Expert Advisory Committee has given an opinion that ‘accrual’ being one of the fundamental accounting assumptions, the cost of providing benefits to employees in return for the services rendered by them in an accounting period should be accounted for in that period. AS-15 (revised) 2005 recognizes that the liability towards employee benefits should be provided as and when the services are rendered. Further, this falls in the category of ‘other long term employee benefits’. As per AS-15, LTC benefits should be measured on actuarial basis using the Projected Unit Credit Method. The actuarial basis of valuation takes into account various uncertainties. Therefore, the method adopted by the company was not in compliance with the existing Accounting Standard and the standard accounting principles. (Please refer Pages 136 to 137 of C.A. Journal of July, 2009]

3. Enhancing Audit Quality :

    Financial Reporting Review Board (FRRB) has made certain observations about non-compliance in the published financial statements and Auditor’s Report on P. 138-139 of C.A. Journal, July, 2009. These observations are made on review of the published financial statements with a view that the audit quality is enhanced. These observations are as under :

        (i) AS-20 — Earnings per share :

        (a) Some enterprises disclose the numerators and denominators used in calculating basic and diluted earnings per share. However, they do not disclose the reconciliation between the two denominators which is not in accordance with AS-20.

        (b) In some cases, the enterprises are not considering the weighted average number of equity shares outstanding during the period. This is not in accordance with AS-20.

        (c) In some cases, the enterprises determining the weighted average number of equity shares outstanding during the period considering the number of equity shares as at the beginning and at the end of the year without adjusting the same for the effects of all dilutive potential equity shares.

        (ii) AAS-28 — The Auditor’s Report on Financial Statements :

        In some cases the auditor/partner of Audit Firm does not give his Membership Number. This is in contravention of AAS-28.

        (iii) CARO Report :

            (a) In some cases the auditors do not report on the second part of para 4(iv) which requires the auditor to state whether there is a continuing failure to correct major weaknesses in internal control system.

            (b) In some cases it was noticed that CARO report is addressed to directors whereas it is required to be addressed to the members.

4. Secondment of articled assistants :

    It is possible to send an articled assistant to another member entitled to train articled assistants for an aggregate period of one year during the period of articleship. The following Rules for this purpose are given on P. 150 of C.A. Journal, July, 2009.

    (i) A principal may, with the consent of the articled assistant, second from time to time the articled assistant to other member or members with a view to provide the articled assistant the opportunity of gaining practical experience in areas where the principal may not be in a position to provide the same.

    (ii) The articled assistant shall be seconded only to a member who is entitled to train one or more articled assistants in his own right or to a member in industry who is entitled to train one or more industrial trainees.

    (iii) The member to whom the articled assistant is seconded will not be entitled to train more than two such assistants on secondment at a time.

    (iv)(a) The maximum period of secondment shall be one year which may be served with a single eligible member.

    (b) The Council may permit secondment with more than one such member provided the minimum period of secondment shall be four months and the aggregate period served on secondment with such members shall not exceed one year.

    (v) Where an articled assistant is seconded to a member in industry, the total period spent in industry by the articled assistant, including the period of industrial training under the Regulations, shall not exceed one year.

    (vi) During the period of secondment, the member with whom the articled assistant is seconded shall pay the stipend as provided under the Regulations.

    (vii) The member with whom the articled assistant is seconded shall be responsible for imparting training during secondment. He shall maintain records of practical training undergone by the articled assistant during secondment and forward the same to the principal on completion of period of secondment. The principal shall include required particulars in the report to the Council under Regulation 64.

viii) A statement in the form approved by the Council shall be sent to the Secretary for records within thirty days from the date of commencement of training on secondment.

5. Accounting  and  Internal  Audit  Standards:

i) Exposure  Draft  of AS-16  :

Borrowing Costs (Revised) has been published by ICAI for comments before 10th August. There is no major difference between the revised AS-16 and IAS-23 except in respect of application of the standard to borrowing costs that are directly attributed to the acquisition, construction or production of inventories that are manufactured or otherwise produced in large qualities on a repetitive basis. (Refer P.155 of CA. Journal, July, 2009).

ii) Exposure Draft of Standard Internal Audit (SIA) :

This standard deals with ‘Consideration of Laws and Regulations in an Internal Audit’. This standard deals with Internal Auditor’s responsibility to consider laws and regulations when performing an Internal Audit or such other review exercise with the objective of providing assurance thereon. The draft is published on pages 168-173 of CA. Journal of July, 2009.

6. Accounts and Audit of Limited Liability Partnership (LLP) :

LLP Act and Rules have now come into force from 1-4-2009. The Sections relating to conversion of firms and private and public unlisted Companies into LLP have also come into force from 31-5-2009. The Finance (No. 2) Act, 2009, recently enacted, provides that LLP will have to pay tax under the Income-tax Act in the same manner as a Firm. Therefore, LLP will not be required to pay MAT, Dividend Distribution or Wealth tax. The provisions relating to accounts and audit of LLP are as under:

i) U / s.34 of the LLP Act, an LLP has to maintain the books of accounts as prescribed in Rule 24. Such books may be maintained either on cash basis or accrual basis of accounting.

ii) LLP has to follow accounting year from April to March only. It cannot choose any other accounting year.
    
iii) Rule 24 provides that the above books of accounts should be preserved for 8 years.

    iv) The above accounts have to be audited by Chartered Accountant(s) if the turnover of LLP exceeds Rs.40 lacs or the contribution by the partners exceeds Rs.25 lacs.

    v) The designated partners of LLP or the partners shall appoint an auditor or auditors as under:

  • For first financial year before the end of the year.
  • For subsequent years, atleast 30 days before the end of the year.
  • For filling up the casual vacancy in the office of the auditor.
  • For filling up the vacancy caused by removal of an auditor.

    vi) The auditor appointed as above shall hold office for the financial year for which he is appointed. He shall hold such office till any other person is appointed as auditor.

    vii) The partners of LLP can remove an auditor from his office at any time by following the procedure in LLP agreement.

    viii) An auditor of LLP can resign by giving notice to LLP. If he does not want to be reappointed he shall give atleast 14 days notice.

    ix) The remuneration of the auditor may be fixed by the designated partners of LLP or by fol-lowing the procedure laid down by the LLP Agreement.

    x) LLP has to get the accounts audited each year on or before 30th September and file Statement of Account and Solvency in Form No. 8 with ROC on or before 31st October with the pre-scribed fee. LLP is also required to file Annual Return in Form No. 11 with ROC with pre-scribed fee within 60 days of the close of the financial year (i.e., before 31st May).

    xi) The LLP Act or Rules do not prescribe the form of profit & loss A/c. and balance sheet or the form of audit report which the auditor has to give. Therefore, ICAI will have to recommend these forms for the guidance of our members. Form No. 8 provides for information to be given to ROC about assets, liabilities, income and expenditure. It also states that auditor will have to give a certificate in the following form.

“It is hereby certified that I have verified the particulars in the statement of Account and Solvency including the Statements of Assets and Liabilities as at ……………. and the Income and Expenditure for the period ending …………….. from the accounting records and other books and papers of (LLP) and found than to be true and fair.”

7. New  Publications  of ICAI :

  •     Technical Guide on Estimation of Future Cash Flows and Discount Rates for the purpose of AS-28 – Impairment of Assets (P. 146 of CA. Journal, July, 2009).
  •     Study on Benefits of Preferential Trade Agreements (P. 153 of CA. Journal July, 2009).
  •     Taxation of Charitable Trusts and Institutions – A Study.
  •     Data Analysis for Auditors (Practical Case Studies on using CAA T’s).
  •     Motor  Third  Party  Claims  Management.
  •     Clean Development Mechanism and Carbon Credits – A Primer.
  •     Professional Opportunities for Members – An Appraisal.

ICAI And Its Members

ICAI and Its Members

1. Code of Ethics : Whether a person who is not a partner of an audit firm can sign the audited financial statements and audit report on behalf of the audit firm is a question which is under debate at present. It may be noted that Clause (12) of Part I of First Schedule of the C.A. Act, 1949 provides that a Chartered Accountant in practice shall be deemed to be guilty of professional misconduct if he allows a person not being a member of the Institute in practice, or a member, not being his partner to sign on his behalf or on behalf of the firm, any balance sheet, profit & loss account, report or financial statements.

The above Clause prohibits a member from allowing another member who is not his partner to sign any balance sheet, profit and loss account, or financial statements on behalf of his firm.

This Clause is to be read in conjunction with S. 26 of the C.A. Act which stipulates that ‘No person other than a member of the Institute shall sign any document on behalf of a Chartered Accountant in practice or a firm of such Chartered Accountants in his or its professional capacity.’

The Council has, however, clarified that the power to sign routine documents on which a professional opinion or authentication is not required to be expressed may be delegated in the following instances and such delegation will not attract the provisions of this clause :

(i) Issue of audit queries during the course of audit.

 

(ii) Asking for information or issue of questionnaire.

(iii) Letter forwarding draft observations/financial statements.

(iv) Initialing and stamping of vouchers and of schedules prepared for the purpose of audit.

 

(v) Acknowledging and carrying on routine correspondence with clients.

 

(vi) Issue of memorandum of cash verification and other physical verification or recording the results thereof in the books of the clients.

(vii) Issuing acknowledgements for records produced.

(viii) Raising of bills and issuing acknowledgements for money receipts.

(ix) Attending to routine matters in tax practice, subject to provisions of S. 288 of the Income-tax Act.

(x) Any other matter incidental to the office administration and routine work involved in practice of accountancy.

It is also clarified that where the authority to sign documents given above is delegated by a firm of Chartered Accountants, the fact that the documents have not been signed by a Chartered Accountant is not a defence to the firm in an enquiry relating to professional misconduct.

However, the Council has decided that where a Chartered Accountant while signing a report, a financial statement or any other document is statutorily required to disclose his name, the member should disclose his name while appending his signature on the report or document. Where there is no such statutory requirement, the member may sign in the name of the firm.

Clause 124(2) of the Companies Bill, 2008 also provides that only a partner of the audit firm, as authorised by the firm, shall sign the audit report and financial statements on behalf of the audit firm.

2. EAC Opinion : The Expert Advisory Committee (EAC) has considered the question of deferred tax treatment in re

spect of assets given on finance lease (see pages 1515 to 1517 of C.A. Journal for March, 2009).

In this case a Government company was engaged in providing rolling stock assets to the Ministry of Railways (MOR) on finance lease. Hence, the rolling stock of assets given on finance lease were not capitalised in the books of the lessor company and shown as ‘lease receivables’ at an amount equal to the net investment in the leased assets as per revised Accounting Standard (AS-19) ‘Leases’. Therefore, the lessor company did not provide depreciation in the books of account but claimed it under the Income-tax Act, as per CBDT Circular No. 2, dated February 09, 2001.

However, while computing the total income, the company added notional depreciation under the Companies Act, even though not provided in the books of account, and claimed depreciation as per Income-tax Act. Thus, the difference in depreciation was considered by the company as a timing difference on which it provided deferred tax liability (DTL). On the these facts, the auditors were of the view that the company should treat the difference in depreciation as permanent difference and no DTL should be provided.

EAC has examined the above facts and stated in

para 12 of its opinion as under : “12. The committee is of the view that, with a view to reflect the true impact of the lease transaction on accounting income and taxable income, the lease transaction as a whole should be considered since the individual items are related. Accordingly, the difference between finance income for accounting purposes and tax finance income representing difference between the lease rental income and depreciation allowance for income-tax purposes originating in a particular year should be treated as timing difference for applying AS-22. This is based on the principle of ‘substance over form’.”

On the above basis EAC has concluded that the method followed by the company for determining DTL was not proper and it should follow the method suggested above.

(Note : Reading the above opinion, it appears that by following the above method the DTL will not get reversed in future and, therefore, this opinion of EAC requires reconsideration.)

3. Auditing  Standards:

The following Auditing Standards are issued and published in C.A. Journal for March, 2009 on pages stated below.

(i) Reoised Standard    on Auditing (SA) 510 :

Initial Audit Engagements – Opening Balances (Pages 1627-1632),

(ii)    Revised Standard on Auditing (SA) 550:
Related Parties (Pages 1633-1644)

iii)    Standard    on Internal Audit (SIA)  14: Internal Audit in an Information Technology Environment (Pages 1645-1648)

(iv)    Standard  on Internal  Audit  (SIA)  15 : Knowledge of the Entity and its Environment (Pages 1649-1651)
 
(v)    Standard on Internal Audit (SIA) 16: Using the work of an Expert (Pages 1652-1(53)

4.    ICAI News:

(Note: Page Nos. given below are from c.A. Journal for March, 2009)

(i)    Enhancing  Audit  Quality  :

Some observations made by the Financial Reporting Review Board are listed on page 1602 in order to enable members to improve the quality of audit of corporate bodies. These observation relate to presentation in financial statements and audit reports as under:

(a)    Schedule  VI of Companies  Act, 1956.

(b)    Standard  on Auditing  (SA) 700 – The Auditors’  Report on Financial Statements.

(c)    CARO –  2003.

(ii)    Campus  Placement  Programme – March/April,  2009:

ICAI has organised Campus Placement Programme for newly qualified chartered Accountants at various centres all over India. This scheme has been evolved to provide an opportunity, both to employing organisations as well as the young professional aspirants, to meet and explore the possibility of taking up positions in industry.

It may be noted that in the last such programme organised in August-September, 2008 at various centres, 77 recruiting teams of leading organisations of the country reviewed the bio-data of more than 3800 newly qualified chartered accountants. 874 candidates were offered employment in industry.

Those who have cleared C.A. Final Examination held in May, 2008 and November, 2008 can appear for this interview at the following centres.

(iii)    ISA Qualification:

Members who have qualified in the Post-Qualification Course in Information Systems Audit can now use the title D.I.S.A. (lCAI) instead of existing title D.I.S.A. (ICA) (Page 1614).

(iv)    Admission of Members in Service as Fellow Members:

The difficulties being faced by members in service while complying with the requirements for admission as fellow members in terms of Regulation 5(3) have been considered by the Council and it is decided that members who are not in practice be admitted to Fellow Membership provided the member has been an Associate Member for a continuous period of five years and submits a self-declaration to the effect that he has been in Government service or is ordinarily holding or has held for a continuous period of not less than five years anyone or more posts carrying duties relating to accounts, cost accounts, audit, finance, taxation, company law, administration and/ or secretarial work in :

(i)    an educational institution approved by the Council, or

(ii)    a private or government, industrial, commercial or trading undertaking having a minimum paid-up capital of Rs.25 lakhs or a minimum turnover of Rs.50 lakhs or a minimum paid-up capital of Rs.10 lakhs and a minimum turnover of Rs.30 lakhs or minimum total assets of Rs.50 lakhs.

(iii)    Employed  under  a statutory  authority;  or

(iv)    Employed under a local authority having within its jurisdiction a population of not less than 5 lakhs during each of the five years of his service.

The Council has also clarified that there will be no change in the eligibility requirements so far as members in practice and full-time paid assistants under practising Chartered Accountants or firm of Chartered Accountants are concerned.

It is further clarified that there will be no change in other conditions and requirements for admission as a Fellow Member.

For format of self-declaration form visit ICAI website www.icai.org. (Refer page 1615)

(v)    ICAI Publication:

Code of Ethics (Revised  11th Education  – 2009)

ICAI And Its Members

ICAI & Its Members

1. Disciplinary case :


In the case of ICAI v. Shri Ramesh R. Kapadia,
reported on page 292 of C.A. Journal for August 2008, the complainant (Joint
Director of Industries) alleged that the member had issued the certificates of
consumption of raw materials and production in respect four units of the
enterprise. There was no correlation between the cost of raw materials and the
value of finished goods. It was also alleged that in the certificates, the value
of raw materials was shown as CIF value, whereas this value should be at landed
cost including customs duty. This was not taken into consideration by the member
while reporting the figures of production. It was further alleged that there
were no records with the enterprise and the above certificates were issued
without any verification with the records.

The Disciplinary Committee held that the member was guilty of
professional misconduct under clauses (7) and (8) of Part I of Second Schedule
to the C.A. Act. The ICAI Council accepted this decision and recommended to the
Bombay High Court that the member be reprimanded.

The Bombay High Court has accepted the findings of the
Disciplinary Committee and the ICAI Council and held that the above certificates
were issued by the member without proper care and caution. However, since the
member had admitted his mistake, the High Court held that the member be awarded
the punishment by way of a reprimand.

2. EAC opinion on provision for diminution in value of investments :


The Expert Advisory Committee (EAC) has given an opinion on
the above issue which is reported on page 145 of Volume XXII of the Compendium
of Opinions published by ICAI.

Facts :

A public sector company engaged in the business of refining,
transportation and marketing of petroleum products, acquired shares in another
public sector company at the rate of Rs.1,551 per share as against the book
value of Rs.192.58 per share and market value of Rs.876 per share as on the date
of purchase of shares. The investor company submitted that the above investment
was a strategic investment and the premium of Rs.675 per share was paid
considering the various tangible and intangible benefits such as :

(a) Maintaining the current market share.

(b) Avoidance of erosion of refining volume currently
supplied to acquired company.

(c) Higher refinery throughput.

(d) Significant potential to add value to the existing
retail marketing capabilities.

(e) Higher retail volume, thereby providing stability to
cash flow, as the retail sale is less susceptible to risk as compared to bulk
sale.

(f) Retail margins are relatively insulated as compared to
bulk sales.

(g) Access to positive cash flow and zero debt company —
significant leverage to raise debt.


On the above basis, the investor company took the view that
the shares of the investee company were acquired as a strategic investment and,
therefore, it was not necessary to provide for any diminution in the value of
investment which was a long-term investment.

Opinion of EAC :

EAC has considered the facts of this case and stated in its
opinion that the company had acquired shares of another company for strategic
reasons and it wanted to hold the shares for a long-term period. The Committee,
therefore, took the view that this was a long-term investment. Thereafter, the
Committee has considered para 17 and 32 of AS-13 and observed as under :

“On the basis of the above, the Committee is of the view
that in case of long-term investments only where there is a decline, other
than temporary, in the value of investments, the carrying amount thereof is
reduced to recognise the decline. The Committee is further of the view that to
determine whether there is a decline other than temporary in the value of
investments, an assessment should be made keeping in view of the assets of the
acquired company, its results, the expected cash flows from the investment,
etc. The market value of the shares is not the sole indicator of decline,
other than temporary, in the value of investments.”


While concluding the opinion, the Committee has stated that
the accounting treatment ‘at cost’ under the head ‘Long-term Investments’ in the
financial statements of the above public sector company, without providing for
diminution in the value, is correct and is in accordance with the provisions of
AS-13.

3. MOU with Information Systems Audit and Control Association (ISACA) :


ICAI has entered into an MOU with ISACA, which is the world’s
leading association serving IS Audit professionals. Under this MOU, our members
will be able to freely access and make use of internationally accepted
standards, guidelines and procedures of ISACA. It will not only bring increased
global acceptability of our DISA qualification in carrying out IS Audits, but
also facilitate active participation of our members in further research being
conducted by ISACA for development of IS Audit standards. The Indian corporate
sector will also benefit by having a framework within which IS Audits will be
carried out by the professionals (Refer p. 227-228 of C.A. Journal for August,
2008).

4. Examination results :

C.  Girl  students:

i) Out of total of 1,45,378 members, 21038 (14.47%) are women members.

ii) Out of 10,580 students who appeared in CA. Final Examination (Both Groups) held in May, 2008 2767 (26%) were girls.

iii) Pass Percentage – Girl students 27.57% – Boy students 24.09%.

iv) Out of the first five positions in c.A. Final, May, 2008 examination, three (2nd, 3rd and 4th) are girls.

(Source:  P. 228 of C.A. Journal  for August,  2008)

5. Measures for welfare of members and students:

As a part of the Diamond  Jubilee Celebrations  of the Institute, ICAI has  decided as under:

i) Chartered Accountant’s Benevolent Fund (CABF) :

Chartered    Accountant’s Benevolent Fund  (CABF) will now  make  the following ex-gratia payments:

a) Rs.1 lac will be given to the legal heirs of a member in case of unnatural/premature death of a member below the age of 45 years.

b) Financial assistance to the tune of Rs.l lac will be given for medical treatment of a member for specified ailments.

c) Rate of monthly assistance given to members or his/her heirs by the above Fund has now been increased from Rs.3000/ 4500 to Rs.4000/ 5500.

ii) Benevolent  Fund for  CA.  Students:

ICAI has decided to set up a Fund similar to CABF for C.A. Students. ICAI will raise a substantial corpus for c.A. Students Benevolent Fund to provide similar benefits for C.A. Students.
(Refer page 228 of CA Journal,  August,  2008)

6. ICAI News:

(Note: Page Nos. given below are from CA. Journal for August, 2008)

i) Enhancing Audit  Quality:

Some of the observations made by reviewers while conducting peer review are listed on page No. 343 in order to enable the members to improve the quality of audit of corporate bodies.

ii) Guidance Notes:

The following  Guidance Notes are issued by ICAI:

(a)Applicability  of AS-20 ‘Earning  Per Share’.

(b)Remuneration paid to Key Management Personnel- whether a related party transaction (AS-18).
(c)Applicability of AS-25 to Interim Financial Results.
(d) Turnover  in case of Contractors – AS-7.

(Referpages374-376)

iii) Exposure Drafts:

a) Exposure Draft of Standard on Auditing (SA) 265 – Communicating Deficiencies in Internal Control and Explanatory Memorandum on the above subject is published on pages 378 to 387.

b) Exposure Draft of Standard on Auditing (SA) 500 (Revised) – Considering the Relevance and Reliability of Audit Evidence and Explanatory Memorandum on the above subject is published on pages 388 to 395.

iv) ICAI Publications:

Technical Guide on Internal Audit in Telecommunications Industry (Page 361).

v) For Students:

All students who have passed PE-II are permitted to appear in the Final Examination, irrespective of whether they have been registered under Final (Old) syllabus or (New) syllabus, provided they have completed practical training or are serving the last 12 months of articled training on the first day of the month in which the Final Examination is scheduled to be held and complied with other eligibility conditions. (Page 332).

Verification fees of answer books of CA. examinations has been revised. This fee will now be Rs.100 per paper, subject to maximum of Rs.400 effective from May, 2008, examination (Page 355).


ICAI And Its Members

1. Know your ethics :
The Ethical Standards Board of ICAI has discussed some of the ethical issues at page 232 of C.A. Journal for August, 2010 as under :
(i) Whether a member who is carrying out statutory audit and also rendering management consultancy services to his auditee clients can receive fees for such other services, which are in excess of the audit fees ?
A. In exercise of the powers conferred by Clause (1) of Part II of the Second Schedule to the CA Act, the Council of the Institute has issued Guidelines which specify that a member of the Institute in practice shall be deemed to be guilty of professional misconduct, if he accepts the appointment as statutory auditor of Public Sector Undertaking/Government Company/Listed Company and other Public Company having turnover of Rs.50 crore or more in a year and accepts any other work or assignment or service in regard to the same Undertaking/Company on a remuneration which in aggregate exceeds the fee payable for carrying out the statutory audit of the same Undertaking/Company.
Provided that in case appointing authority/regulatory body specify more stringent condition/restriction, the same shall apply instead of the conditions/restrictions specified under the Guidelines.

Explanation :
1. The above restrictions shall apply in respect of fees for other work or service or assignment payable to the statutory auditors and their associate concern put together;
2. For the above purpose,
The term ‘other work’ or ‘service’ or ‘assignment’ shall include Management Consultancy and all other professional services permitted by the Council pursuant to S. 2(2)(iv) of the C.A. Act, but shall not include :
(a) Audit under any other statute;
(b) Certification work required to be done by the statutory auditors; and
(c) Any representation before an authority.
(ii) The term ‘associate concern’ means any corporate body or partnership firm which renders the Management Consultancy and all other professional services permitted by the Council, wherein the proprietor and/or partner of the statutory auditor firm and/or their ‘relative’ is/are director or partner and/or jointly or severally hold ‘substantial interest’ in the said corporate body or partnership;

(ii) Is there any ceiling on the number of tax audit assignments that can be taken up by a member in practice ?
A. In exercise of the powers conferred by Clause (1) of Part II of the Second Schedule to the C.A. Act, the Council of the Institute of Chartered Accountants of India has issued General Guidelines, 2008 which specify that a member of the Institute in practice shall be deemed to be guilty of professional misconduct, if he accepts, in a financial year, more than the specified number of tax audit assignments u/s.44 AB of the Income-tax Act, 1961. The number specified for tax audit is 45.
(iii) Whether the audits conducted u/s.44AD, u/s. 44AE and u/s.44AF of the Income-tax Act, 1961 shall be taken into account for the purpose of reckoning the specified number of tax audit assignments ?
A. No. Please refer Chapter VI of Council General Guidelines, 2008 (P. 316 of Code of Ethics, 2009).

2. Opinion of EAC :


Determination of depreciation in case of revaluation and revision in the useful life of land and buildings :

Facts :
A nationalised bank purchased freehold land and building in the year 1950 costing Rs.50 lakh (land Rs.20 lakh and building Rs.30 lakh) and accounted for the same separately as ‘freehold land’ and ‘bank’s own premises’, respectively. On ‘bank premises’ component, the bank is charging depreciation @ 5% on written-down value basis. In the year 2008, the property has been revalued at Rs.100 lakh (land Rs. 80 lakh and building Rs.20 lakh) and the revaluation reserve has been created for Rs.60 lakh towards land and Rs.18.50 lakh towards building, assuming the written-down value of building at Rs.1.5 lakh. The valuer has estimated the useful life as 25 years.
The bank also purchased a leasehold land in the year 1990 with lease period of 99 years and paid Rs.99 lakh. The bank subsequently constructed building thereon in June, 1992 costing Rs.50 lakh. The cost of land is debited to ‘leasehold land’ and construction cost to ‘the bank’s own premises’. The bank is amortising lease rent at Rs.1 lakh per annum and charging depreciation @ 10% on building since 31-3-1993 on written-down value basis. The property has been revalued at Rs.140 lakh (land Rs.100 lakh and building Rs.40 lakh).
The bank has also informed that the bank owns more than 200 properties purchased in different years and all the properties have been revalued in the year 2008.

Query :
On these facts, the bank has sought the opinion of the Expert Advisory Committee on the following issues :
(i) What should be the applicable rate of depreciation in respect of building purchased in 1950 ?
(ii) What should be the applicable rate of depreciation on both original cost and revalued portion, in respect of property constructed in 1992,
(a) If the valuer has estimated the remaining useful life as 40 years ?
(b) If the valuer has not given any useful life and the management, as a policy, is not determining the useful life of the land and buildings ?
(iii) Whether different rate of depreciation will be applicable on the 200 properties purchased in different years and revalued in the year 2008. If yes, what is the mechanism to be followed for implementation ?

Opinion :
The Committee, after considering the introduction paragraph and the definition of the term ‘depreciable assets’ as contained in Accounting Standards (AS-6) ‘Depreciation Accounting’, has observed that as per the GAAPs prevalent in India, freehold land is considered to be having an unlimited life and, therefore, cost thereof is not depreciated. In the context of the leasehold land which is recognised as a fixed asset by the bank, keeping in view of the existing practice of reflecting leases of land in the balance sheets of the lessees, as such leases are scoped out of Accounting Standard (AS-19), ‘Leases’, the Committee noted that the land in question has a lease period of 99 years. Thus, it has a limited useful life for the bank. Accordingly, the upfront amount of Rs.99 lakh paid by the bank for the same should be amortised over its useful life i.e., 99 years, on a systematic basis. The Committee also noted that in this case, the life of the leasehold land is predetermined by the lease agreement, therefore, there is no question of revision of its estimated useful life unless the lease agreement is renewed or the lease terms undergo a change.

Further, after considering AS-6, the Committee opined that :

    In respect of property purchased in 1950 the rate of depreciation on building should be determined on the basis of the depreciable amount and its remaining useful life. In case the building has been revalued, the depreciable amount would be the value assigned to the building upon revaluation less its estimated residual value, provided revaluation has been done in accordance with AS-10. The useful life of a depreciable asset is a matter of estimation and is normally based on various factors, including experience with similar types of assets. In case of building constructed on the leasehold land, the useful life of the building cannot exceed the remaining lease period of land.

With respect to the depreciable amount of an asset, the Committee is of the view that ordinarily, the depreciable amount would be the cost thereof less the estimated residual value. In the context of revaluation of buildings the depreciable amount after revaluation would be revalued amount less the estimated residual value of buildings.

(ii)  In respect of property constructed in 1992 with respect to determination of rate of depreciation of the building constructed on leasehold land, the principle stated in (i) above would apply. The cost of the leasehold land acquired on lease for 99 years should be amortised over its lease term on a systematic basis.

    The rate of depreciation of a building depends on the depreciable amount of the building and its expected useful life. The useful life may vary in case of each building. The depreciable amount may also vary depending on its cost of purchase/construction of its revalued amount, as the case may be, and its estimated residual value. Accordingly, the rate of depreciation may vary for each of the buildings and therefore, should be determined individually for each property.

[Refer pages 266 to 268 of C.A. Journal of August, 2010]

3. ICAI News :

(Note : Page Nos. given below are from C.A. Journal for August, 2010)

    i) Special Placement Programme — June, 2010 (page 346) :

Special Placement Programme for new CA Members was organised by ICAI at major centres from 22nd to 26th June. Following was the response.

l   (a)

No. of candidates reported

1148

(b) No. of organisations who

 

 

participated

39

(c)

No. of interview teams

65

(d)

No. of jobs offered

198

(e)

No. of jobs accepted

184

 

and

 

(f)

Percentage

16.3

    Highest salary offered :
— International posting — Rs.21 lacs p.a.
— Indian posting    — Rs.12 lacs p.a.
    
Minimum salary offered :
— Fresh C.A.    — Rs. 5 lacs p.a.
— Experienced C.A.    — Rs. 6 lacs p.a.

    Average salary offered :
— Rs. 7 lacs p.a.

    ii) Transfer  or  Termination  of  Articleship (page 354) :

Regulation 56(1) of C.A. Regulations has been modified as under :

    a. Transfer/Termination of Articles is permitted without any restriction during the first year of articles.

    b. During rest of the articleship period on satisfying any one or more of the conditions as stated below :

    Medical grounds requiring discontinuance of articles for a minimum period of three months, on production of a medical certificate issued by a government hospital.

    Transfer of parent(s) to another city.

    Misconduct involving moral turpitude.

    Other justifiable circumstances/reasons.

    iii) ICAI publications :

    a) A study on Foreign Contribution Regulation Act, 1976.
    b) GST in India & Role of Chartered Accountants.

    iv) New Branch in Western Region :

ICAI has opened a new branch in Western Region at Latur w.e.f. 1-7-2010 (P. 358).

(v) e-Journal :

New Hi–Tech Journal has been launched by ICAI. In this Journal one can ‘listen’ the contents of C.A. Journal every month (P. 9).

    C.A. Examination results :

    CPT (June, 2010) :
 

 

A

P

%

 

 

 

 

Boys

83,664

21,218

25.36

 

 

 

 

Girls

43,979

13,950

31.72

 

 

 

 

Total

1,27,643

35,168

27.55

 

 

 

 

               
    
    PEE-II, PCE AND IPCE (May, 2010) :

 

 

PEE-II

 

 

PCE

 

 

IPCE

 

 

 

 

 

 

 

 

 

 

 

 

A

P

%

A

P

%

A

P

%

 

 

 

 

 

 

 

 

 

 

Both Groups

4,338

85

1.96

44,687

6,065

13.57

20,135

2,473

12.28

 

 

 

 

 

 

 

 

 

 

Gr. I

6,912

819

11.84

11,384

2,442

21.45

52,923

8,730

16.49

 

 

 

 

 

 

 

 

 

 

Gr. II

9,357

841

8.98

17,774

6,024

33.89

22,416

3,804

16.97

 

 

 

 

 

 

 

 

 

 

         
    Final (May 2010) :

 

Final
(Old course)

Final (New course)

 

 

 

 

 

 

 

 

A

P

%

A

P

%

 

 

 

 

 

 

 

Both Groups

13,242

458

3.46

7,424

487

6.56

 

 

 

 

 

 

 

Gr. I

20,049

2,897

14.45

8.840

1,166

13.19

 

 

 

 

 

 

 

Gr. II

26,517

2,552

9.62

8,670

683

7.88

 

 

 

 

 

 

 

                              
The pass percentage in Final Examination (old course) in previous years was as under :
    

 

Both Groups

Gr. I

Gr. II

 

 

 

 

May 2010

3.46

14.45

9.62

 

 

 

 

Nov. 2009

7.86

19.87

10.11

 

 

 

 

June 2009

13.85

32.42

15.03

 

 

 

 

Nov. 2008

20.27

27.82

24.15

 

 

 

 

From the above, it is evident that the trend of pass percentage in Final (old course) is declining in successive examinations. This is a grave cause for concern when Nov. 2010 is the last chance for students appearing under the old course. If this trend continues, over 50,000 students who have studied under the old course will have to appear from May, 2011, for Final examination under the New Course.

ICAI And Its Members

1. Tax audit provision :

    (i) The threshold limit of total sales/turnover/gross receipts for the purposes of tax audit u/s.44 AB in case of business has been increased from `40 lac to `60 lac from A.Y. 2011-12. In case of the profession, the said limit has been increased from `10 lac to `15 lac.

    (ii) The Direct Tax Code Bill, 2010, proposes to provide in S. 88 that the threshold limit of total sales/turnover/gross receipts for business for tax audit shall be increased from `60 lac to `1 crore. In case of the profession, the said limit is proposed to be increased from `15 lac to `25 lac. The new provision will come into force from F.Y. 2012-13 if the DTC Bill is passed by the Parliament with the above provision.

    (iii) U/s.314(86) of DTC, 2010, the due date for filing the return of income by an assessee, who does not have business income, is proposed to be advanced from the existing 31st July to 30th June. Similarly, the due date for filing the return in cases of companies and other assessees is proposed to be advanced from 30th September to 31st August. Therefore, from 2013 the Tax Audit Report will have to be given by 31st August, 2013.

    (iv) S. 271B provides for levy of penalty for non-compliance with the provisions of S. 44AB at the rate of ½% on total sales, turnover or gross receipts. The maximum penalty has been increased from `1 lac to `1.50 lac from A.Y. 2011-12.

    (v) Proposed S. 232 of the Direct Tax Code Bill, 2010, provides that the minimum penalty shall be `1 lac and the maximum penalty will be `2 lac w.e.f. F.Y. 2012-13 for non-compliance with the provisions of S. 88 to get the tax audit report before the due date.

2. Know your ethics :

The Ethical Standards Board of ICAI has discussed some ethical issues at page 394 of September, 2010, issue of C.A. Journal as under :

(i) Whether a member of the Institute in practice is liable for professional misconduct if he does not follow the direction given by the Council or an appropriate Committee or on behalf of any of them, to the incoming auditors not to accept the appointment as auditors, in the case of unjustified removal of the earlier auditors ?

Ans. : In exercise of the powers conferred by Clause (1) of Part II of the Second Schedule to the CA Act, the Council of ICAI issued General Guidelines, 2008 which specify that a member of the Institute in practice shall follow the direction given by the Council or an appropriate Committee or on behalf of any of them, to him being the incoming auditor(s) not to accept the appointment as auditor(s), in the case of unjustified removal of the earlier auditor(s).

(ii) Can the auditor revise his audit report ?

Ans. : The Council has issued a ‘Guidance Note on Revision of the Audit Report’ in booklet form. The auditor can revise his audit report in the situations and circumstances mentioned therein.

(iii) What is the status of a Chartered Accountant who is a salaried employee of a Chartered Accountant in practice or a firm of such Chartered Accountants ?

Ans. : An associate or a fellow of the Institute who is a salaried employee of a Chartered Accountant in practice or a firm of such Chartered Accountants shall, notwithstanding such employment, be deemed to be in practice for the limited purpose of the training of article assistants. He may hold Certificate of Practice, but he is not entitled to perform attest functions w.e.f. 1-4-2005.

(iv) Can a member in practice be Promoter/Promoter Director of a company ?

Ans. : There is no bar to a member in practice becoming a promoter/signatory to the Memorandum and Articles of Association of any company. For becoming such promoter/signatory, members are not required to obtain specific permission of the Council.

(v) Can such a Promoter/Promoter Director of a company be Director Simplicitor of that company ?

Ans. : There is also no bar for such a Promoter/Signatory becoming Director Simplicitor of that company, irrespective of whether the objects of the company include areas which fall within the scope of the profession of Chartered Accountants. In this case also, specific permission of the Council is not required.

(vi) Can a member in practice be a sleeping partner in a family business concern ?

Ans. : A member in practice can be a sleeping partner in a family business concern, provided he takes specific permission from the Council in terms of Regulation 190A of CA Regulations.

(vii) Can a member who is in part-time/full-time employment apply for Certificate of Practice and perform audit ?

Ans. : He cannot perform the audit although he can apply for Certificate of Practice.

(viii) What should be the size of the signboard for the office ?

 Ans. : With regard to the size of the signboard for his office that a member can put up, it is a matter in which the members should exercise their own discretion and good taste. The size of the signboard should be reasonable. Use of glow signs or lights on large-sized boards as is used by traders or shopkeepers would not be proper. A member can have a name board at the place of his residence with the designation of a Chartered Accountant, provided it is a name plate or name board of an individual member and not of the firm.

3. EAC Opinion: Treatment of liquidated damages payable for delay in commissioning of plant :

    Facts :

A limited company having its registered office in India is a group member of a transnational player in the global gases and engineering industry. The company’s gases division is engaged in the manufacture and sale of industrial, medical and special gases to customers across industries.

The company has entered into one such Long Term Agreement (LTA) dated 31st May, 2006 for supply of industrial gases to a customer by installing an air separation plant (the plant) at the customer’s steel works premises on Build-Own-Operate (BOO) basis. As per one of the clauses of the ‘general conditions’ of the agreement, the company is liable to pay ‘late start liquidated damages’ to the customer if there is a delay in the commencement of gas supply from the plant after the target commencement date due to the company’s fault and the customer is ready to consume gas at its expanded steel-making facility.

As per the agreement, the target commencement date was 31st March, 2008, being the date on which the company estimated that it would be able to start fulfilling its obligation to supply gas from the plant. However, due to delay by the main equipment supplier of the plant and other related problems at site, the company was not ready to commission the plant and commence supplies on the target commencement date and instead, was ready for supply for gases only in November 2008. At this stage, due to the economic downturn, the customer requested to further delay the start-up of the plant which was finally commissioned in February 2009.

The company is now in the process of negotiating a settlement with the customer for the delays in plant commissioning on both its own as well as on the customer’s part. As a result of such negotiation, the company will have to pay ‘late start liquidated damages’ to the customer for the delayed commissioning of the plant due to its inability to have the plant ready for supply of gases on the appointed target commencement date of 31st March, 2008.

    Query:

Based on the facts stated above, the querist has sought the opinion of the Expert Advisory Committee, on the following issue:

“Whether the amount to be paid by the company on account of liquidated damages due to delay in commencement of supply of gases to the customer consequent upon delay in bringing the plant to its working condition on the appointed target commencement date can be capitalised in its books of account as additional cost attributable to the project (capitalised in March 2009) in accordance with the provisions of AS-10 and any other related Accounting Standard or statute, or whether the liquidated damages payable can be treated as deferred revenue expenditure to be amortised over a period of 3 to 5 years after the commencement of commercial production, or whether the company can charge off the amount of liquidated damages as an expense in the profit and loss account?”


    Opinion:

The Committee noted that the basic issue raised in the query relates to the treatment of liquidated damages payable by the company for delay in the commissioning of the plant.

After considering paragraphs 9.1, 20 and 21 of Ac-counting Standard (AS) 10 — Accounting for Fixed Assets, the Committee noted from the facts of the case that the ‘late start liquidated damages’ are payable by the company on account of delay in the commencement of gas supply from the plant on the target commencement date. The Committee is of the view that such expenditure cannot be said to be attributable to bringing the plant to its working condition for its intended use. Such expenditure is not attributable to construction activity. It is also not in the nature of price adjustment on account of which cost of a fixed asset may undergo a change subsequent to its construction. The Committee is of the view that the liquidated damages are of the nature of a penalty resulting from non-fulfilment of the terms of the agreement, in this case, the target date of commencement of gas supply. The amount of liquidated damages is compensation to the customer for loss of revenue on account of non-supply of gas by the company. Accordingly, the Committee is of the view that such expenditure cannot be capitalised and should be expensed by way of charge to the profit and loss account as no future benefit is expected from the same.

    [Refer pages 418 to 420 of C.A Journal of September, 2010]

        4. Important announcements for PE-II and PCC

    Students:

The following important announcement is made by the President, ICAI, in his communication on page 386 of C.A. Journal for September, 2010.

The Council has considered the case of PE-II stu-dents especially in order to mitigate their hardship vis-à -vis their joining the CA course through PCC/IPCC route. PE -II students having joined the course through all streams can now commence articled training in case they have passed any of the groups of PE-II examination instead of earlier requirement of passing both the groups. They will also be eligible to appear in the final examination during the last 12 months of articled training. In addition, such students shall be exempted from undergoing the Orientation Programme, on switching over to IPC course. Further, they shall not be charged any fee for switching over to IPC course, except `1,500 to cover the cost of study material and administrative charges, instead of `4,000 at present.

With a view to bringing overall uniformity, students registered for Professional Competency Course (PCC) shall now be eligible to appear in the final examination during the last six months of the three and a half year period of articled training as against the earlier requirement of appearing in the final examination after completion of articled train-ing. Further, realising the difficulties faced by the students to complete the Information Technology Training (ITT) and Orientation Programme before appearing at the examination, it has now been decided that all students would now be permitted to submit proof of their successful completion of ITT to the Examination Section before the commencement of the article training, instead of earlier requirement of submitting the said proof before appearing in the examination. However, this would not be applicable to the PCC students. However, it has also been observed that many students are withdrawing their registration from ITT centres and they wish to complete the ITT and Orientation Programme before the commencement of the article training. All such students are advised to undergo ITT and Orientation Programme as early as possible, because this would not only help them in solving the questions posed in examinations in the IT paper but also release the pressure on the training centres.

        5. ICAI News:

    (Note: Page Nos. given below are from September, 2010, issue of C.A. Journal)

    (i) ICAI job portal:
The ICAI job portal has been developed to provide a platform for industry to fill their vacancies for Chartered Accountants and Accounting Technicians. The recruiting organisations as well as experienced Chartered Accountants and Accounting Technicians can avail the benefit of this job portal. For this purpose, they can contact the Secretary to CMII by E-Mail placements@icai.org or ssuneja@icai.org (Tel No. 011-30110450/491) (refer page 498).

        ii) ICAI publication:

        a) Accounting Reforms in India — A Bird’s-eye View.

        b) Technical Guide on Internal Audit of Sugar Industry
    (pages 499-500)

        iii) Peer review of audit firms of listed companies:

The Peer Review Board of ICAI is in the process of updating the status of the firms. Accordingly, the Peer Review Board has desired to know the status regarding whether your firm has been peer reviewed in the past or whether the peer review certificate has already been issued to your firm for updation of the latest position regarding the status due to the migration of firms from the Stage II to Stage I and vice-versa. In view of this, it is requested that the latest status of your firm may kindly be sent at email id peerreviewboard@icai.org so as to expedite the peer review of the firms doing the audit of the listed companies which has been mandatory as per the Circular dated April 5, 2010 issued by SEBI. Further, the firms doing the audit of the listed companies who’s peer review process is not initiated by the Board may also send a request for voluntary peer review to the Peer Review Board. (pages 501-502)

        iv) Assurance Reports on Contacts at a Service Organisation:

Auditing and Assurance Standards Board has issued an Exposure Draft of Standard on Assurance Engagements (SAE) 3402 of ‘Assurance Reports on Control at a Service Organisation’ for comments by Members. (Refer pages 507 to 522)

        v) Status of convergence with IFRS:
The latest position of finalisation of Accounting Standards after convergence with IFRS is explained by the President of ICAI in his communication (page 383).

        vi) Training for members for ICAEW membership:

Members of ICAI who desire to become members of the Institute of Chartered Accountants England and Wales have to appear in one paper on Advanced Case Study (4-hour final paper) and undergo training. The ICAI has made arrangements for this training as stated in the President’s Communication. (page 385)

        vii) Disciplinary cases:
It is reported that since February, 2010, onwards the Disciplinary Committee has passed orders u/s. 21D in 60 cases and u/s.21B in 20 cases. Further, 10 old disciplinary cases have also been completed. So far as Board of Discipline is concerned, it has disposed of 34 cases u/s.21A. It is understood that prior to February, 2010, several other similar cases have been decided by the Disciplinary Committee as well as Board of Discipline. (page 385)

    However, the ICAI has not published decisions taken by these two committees under the new provisions and therefore, members of ICAI are not aware as to what are the decisions of these two committees on various provisions of the two Schedules of the CA Act.

ICAI And Its Members

ICAI and Its Members

1. Disciplinary case :


In the case of ICAI and Shri M. D. Loya, reported on Page 461
of C.A. Journal for September, 2008, ICAI received information against the
member. It was alleged that in the audit report given by the member in the case
of a public trust u/s.12A(b) of the Income-tax Act (in Form No. 10B) it was
certified that no income or property of the trust was used or applied during the
previous year for the benefit of persons referred to u/s.13(3) of the Income-tax
Act. It was, however, found that certain fixed deposit receipts of the trust
were pledged by the trustees with a bank and a loan was obtained on security of
these FDRs by a firm in which some of the trustees were partners.

The matter was referred to the Disciplinary Committee of the
Institute which found that the member was guilty of professional misconduct
under clauses (7) and (8) of Part I of Second Schedule to the C.A. Act. The
Council of ICAI accepted this finding and recommended to the Bombay High Court
that the member be reprimanded.

After hearing the matter, the High Court observed that it was
clear that the member did not seriously challenge the lapse on his part in not
calling for all the FDRs for physical verification before signing the audit
report. The High Court has accepted the view of the ICAI Council that the member
be reprimanded for this lapse on his part and accordingly passed the order of
reprimand.

2. Revision of Guidance Note on Tax Audit

u/s.44AB of Income-tax Act :

Clause 17(L) was added to Form 3CD by a Notification No.
208/2006, dated 10-8-2006. This clause deals with ‘Amount of deduction
inadmissible in terms of S. 14A of the Income-tax Act in respect of expenditure
incurred in relation to income which does not form part of the Total Income’.
ICAI had issued a supplementary Guidance Note for Tax Audit u/s.44AB in
September, 2006, explaining the implications of the requirement of clause 17(L)
in Form 3CD. The Government has now amended the Income-tax Rules and inserted
New Rule 8D which lays down the method for determining the amount of expenditure
to be disallowed u/s.14A. ICAI has revised the Guidance Note on Tax Audit
u/s.44AB in the month of August, 2008. The text of this revised Guidance Note is
available on Institute’s website www.icai.org. Operative part of this Guidance
Note (Para 40.6) reads as under :


“40.6 The method prescribed under sub-rule (2) of Rule 8D
is applicable when the Assessing Officer is not satisfied with the correctness
of the claim of expenditure made by the assessee or with the claim made by the
assessee that no expenditure has been incurred. Normally this situation would
arise at the time of assessment i.e., after the tax audit has been
completed and the return has been filed. Therefore, at the time of tax audit
the tax auditor will have to verify the amount of inadmissible expenditure as
determined by the assessee. The method under sub-rule (2) of Rule 8D does not
mandate that the assessee should necessarily compute the disallowance as per
the method prescribed under sub-rule (2). Therefore, the assessee may or may
not adopt the same.”


Further, in para 40.11, it is stated that the Tax Auditor
should verify the amount of inadmissible expenses as worked out by the assessee.
If he is in agreement with the assessee, he should report the amount with
suitable disclosures of material assumptions. If he is not in agreement with the
assessee, he should suitably qualify his report as stated in the above Guidance
Note.

(Refer P. 461 of C.A. Journal for September 2008)

3. Accounting Standard (AS-2) (Revised) — ‘Inventories’ :


Exposure Draft of this revised standard has been published
for comments of members by 15-11-2008. There is no major difference between this
Exposure Draft and the International Accountancy Standard (IAS-2) dealing with
‘Inventories’.

The major difference between the Exposure Draft of revised
AS-2 and the existing AS-2 is as under :

(i) On the lines of IAS 2, the Exposure Draft deals with
the subsequent recognition of cost/carrying amount of inventories as an
expense, whereas the existing AS-2 does not provide the same.

(ii) The Exposure Draft provides explanation with regard to
inventories of service providers, whereas the existing AS-2 does not contain
such an explanation.

(iii) The Exposure Draft does not apply to measurement of
inventories held by commodity broker-traders, who measure their inventories at
fair value less costs to sell. However, this aspect is not there in the
existing AS-2. Accordingly Exposure Draft defines ‘fair value’ and provides an
explanation in respect of distinction between ‘net realisable value’ and ‘fair
value’.

(iv) The Exposure Draft provides detailed guidance in case
of subsequent assessment of net realisable value. It also deals with the
reversal of the write-down of inventories to net realisable value to the
extent of the amount of original write-down, and the recognition and
disclosure thereof in the financial statements. The existing AS-2 does not
deal with such reversal.

(v) The Exposure Draft excludes from its scope only the
measurement of inventories held by producers of agricultural and forest
products, agricultural produce after harvest, and minerals and mineral
products, though it provides guidance on measurement of such inventories.
However, the existing AS-2 excludes from its scope, such types of inventories.

(vi) The existing AS-2 specifically provides that the
formula used in determining the cost of an item of inventory should reflect
the fairest possible approximation to the cost incurred in bringing the items
of inventory to their present location and condition, whereas the Exposure
Draft does not specifically state so and requires the use of consistent cost
formulas for all inventories having a similar nature and use to entity.

(vii) The Exposure Draft requires more disclosures as
compared to the existing AS-2.


4. CPE requirements for members in Industry and senior citizens :


ICAI President has clarified the position on this subject on Page 406 of CA. Journal for September, 2008, as under:

“As you are aware, the unstructured learning activities have been made applicable from January this year and we have already issued.a Continuing Professional Education (CPE)Advisory in this regard. However, I notice that there is some apprehension among certain members in industry and senior citizens about this requirement. I may clarify that for members in industry and senior citizens it is not necessary to attend regular CPE programmes. These regular CPE programmes such as seminars, study circle meetings, etc. are called structured learning activities and are mandatory for members holding certificates of practice, but they are optional for members in industry and senior citizens. Members in industry not holding a certificate of practice and senior citizens could comply with the new CPE requirement by reading articles in journals, books, etc. They could read those articles at their leisure.

You will be glad to know that taking this important initiative forward, it has been decided to grant one hour CPE Credit each for reading some selected article(s) published in the Institute’s journal as part of unstructured learning activities from the September 2008 issue itself.”

5. Exposure Drafts on Auditing Standards:

The following Exposure Drafts are issued for comments by members:

(i) Auditing Accounting Estimates, including Fair Value Accounting Estimates, and Related Dis-closures [Revised Standard on Auditing (SA) 540]

(Refer pages 536-560 of CA. Journal for September 2008)

(ii) Related Parties [Revised Standard on Auditing (SA) 550]

(Refer pages 561-576 of CA. Journal for September 2008)

6.    ICAI News:

(Note: Page Nos. given below are from CA. Journal for September, 2008)

(i)    Internal  Audit  of Accounts  of Stockbrokers:

By letter dated 22-8-2008, SEBI has advised that all Stockbrokers/Clearing members of Stock Exchange should get Internal Audit of their accounts carried out by independent qualified Chartered Accountants. Similarly, the Insurance Regulatory and, Development Authority has also amended its Regulations to provide that every insurance company having Assets under Management (AUM) of not more than Rs.1000 crore shall get Internal Audit conducted on quarterly basis. Insurance companies with AUM of above Rs.1000 crore should appoint a Chartered Accountant firm for Concurrent Audit (Page 406).

(ii) Certificate Course on IFRS and Valuation:

ICAI has decided to conduct (a) a Certificate Course on ‘International Financial Reporting Standards’, and (b) a Certificate Course on ‘Valuation’. Both the courses are to be launched in September/October 2008. (Page 406)

(iii) Rules  of Arbitration:

ICAI has issued the ‘ICAI Rules of Arbitration’ and also decided to start a Certificate Course on Arbitration for our members. Details are hosted on Institute’s website. (Page 407)

(iv) ICAI Toll-free telephones:

Toll-free telephones for getting services from ICAI are now available as under:

(v)  Examination on alternate days:

To reduce stress of our students, it has been decided that from November 2008, Institute examinations will be held on alternate days. Thus November 2008 examinations will be held from 1st to 16th November 2008. (Refer Pages 408 and 532)

(vi) International Conference at Jaipur in November, 2008:

The above conference for members is to be held from 20th to 22nd November, 2008. The details are on Institutes website. (Page 408)

(vii) Recognition for Ph.D Course:

University of Rajasthan has recognised the CA. Course for the purpose of doing Ph.D from that University. (Page 418)

(viii) Peer review:

Some major deficiencies noticed by reviewers while conducting peer review are published on Page 513.

(ix) Director (Discipline) :

ICAI has appointed CA Smt. Vandana Nagpal, Senior Deputy Secretary, as Director (Discipline) to head the Disciplinary Directorate. This Directorate is for making investigations in respect of information and complaint cases against members.
 
(x) New  publication    of ICAI :

Technical Guide on E-Commerce – Consideration for Audit of Financial Statements. (Page 531)

(xi) Obituary:

(a)    CA P. M. Narielvala, former President of our Institute, passed away on 8-8-2008 at Kolkata. He was our President in 1975-76 and a Council Member of ICAI for two terms for 1967-70 and 1973-76. The accountancy profession in India has lost one of its leading lights. We pay our respectful homage and pray that the departed soul may rest in peace. (Page 418)

(b)    CA S. P. Chhajed, Former President of our Institute passed away on 18-9-2008 at Mumbai. He was our President in 1999-2000 and Council Member of ICAI from 1982 to 2001. Shri Chhajed was a very popular figure in Mumbai and other places. Our profession has lost a leading personality. We pay our respectful homage and pray that the departed soul may rest in peace.

ICAI And Its Members

1. Disciplinary case :

    In the case of ICAI v. Dayal Singh, (Page 589 of C.A. Journal, October, 2009) the complainant alleged that the member was instrumental in getting a loan of Rs.49.8 lacs sanctioned from a Bank in favour of M/s. S. K. Trading Co. (Firm) on the basis of forged documents such as quotations, supply orders, money deposit receipts, rent deeds, rent receipts, etc. It was also alleged that the member gave a false certificate stating that the Firm had brought the contribution required in the books. On the basis of this certificate the Bank released the loan amount.

    The disciplinary committee gave a report that the member was guilty of ‘Other Misconduct’. The council has accepted this finding and recommended to the High Court that the name of the member be removed from the register of members for a period of one month.

    The Delhi High Court observed that the act of the member in issuing such a vague certificate with the intention of persuading the Bank to grant loan to his client was ‘Other Misconduct’. The High Court also observed that the lack of responsibility displayed by the member clearly shows that he had acted in a manner unbecoming of a Chartered Accountant and, therefore, the Council rightly recommended removal of his name form the register of members for a period of one month. As regards the punishment recommended by the Council, the High Court observed that there has to be some degree of integrity and probity which is expected of a Chartered Accountant who is regularly concerned with financial transactions and on the basis of whose recommendations and certificates financial institutions such as banks disburse loans or enter into other financial transactions. Under the circumstances, the Court was of the view that the punishment awarded to the member was not unduly harsh.

2. Some ethical issues :

    The Ethical Standards Board of ICAI has issued the following clarifications on some ethical issues in the form of questions and answers for the benefit of members.

        (i) Q. Can a chartered accountant in practice agree to select and recruit personnel, conduct training programmes and work studies for and on behalf of client ?

        A. Yes, the ‘Management Consultancy and other Services’ as specified by the Council includes both, personnel recruitment and conduct of training programmes and work studies. As such, the same are permitted for a chartered accountant in practice.

        (ii) Q. Whether a member in practice can act as insurance agent and arrange business for the Insurance Companies ?

        A. No, a member in practice is permitted to render Insurance Financial Advisory Services only. It is not permissible for member to do any kind of marketing and business procurement for any insurance company. Their services are limited to professional services in the form of advisory and consultancy services.

        (iii) Q. Whether Code of Ethics is applicable outside India ?

        A. The Code of Ethics of the Institute is applicable to all the members, even outside India.

        (iv) Q. Can a member in practice indicate in a book or an article, authored/contributed/published by him, his association with any firm of Chartered Accountants ?

        A. No, as per C.A. Act, 1949, a member is not permitted to indicate in a book or an article, authored/contributed/published by him, his association with any firm of Chartered Accountants.

        (v) Q. Can a Chartered Accountant in practice seek professional work from his professional colleagues ?

        A. Yes, as per C.A. Act, 1949 a member is permitted to apply or request for, or to invite, or to secure professional work from another Chartered Accountant practice.

    (Refer Page 572 C.A. Journal October, 2009)

3. Classification of Compulsorily Convertible Debentures in the Balance Sheet — EAC Opinion :

    A private limited company, engaged in the business of construction and development of real estate, issued ‘Compulsorily Convertible Debentures’ to a Bank. These debentures were compulsorily convertible into equity after 39 months. Till the date of conversion interest at 13.65% p.a. was payable. The debentures were unsecured.

    The company held the view that the amount raised by compulsorily convertible debentures has to be treated as ‘equity’ and should form part of Shareholders Funds. The auditors took the view that this amount should be considered as ‘Unsecured Loans’. When the matter was referred to the Expert Advisory Committee (EAC) of ICAI, it has given the following opinion.

    From the facts of the case it is evident that the debentures issued by the company carry an interest @ 13.65% on quarterly basis till the date of conversion. Accordingly, the Committee is of the view that till the date of conversion the debentures are in the nature of loans. The company is a private limited company and, therefore, the provisions of Schedule VI to the Companies Act, 1956 would apply with respect to the form of balance sheet of the company. Schedule VI to the Companies Act, 1956 requires debentures to be classified under the head ‘secured loans’ and the disclosure is required to be made with respect to the terms of redemption or conversion (if any) of debentures issued to be stated together with earliest date of redemption or conversion. The debentures issued by the company are unsecured. Accordingly, the committee is of the view that the same should be classified under the head ‘unsecured loans’ in the balance sheet of the company.

    (Refer Page 590 of C.A. Journal — October, 2009)

4. Campus Placement Programme :

    ICAI organised Campus Placement Programme for newly qualified Chartered Accountants at 16 centres during the month of September, 2009. 3235 candidates appeared before 133 Interview Teams representing 71 organisations. 902 jobs were offered. Highest salary offered was Rs.10.61 lacs p.a. Minimum salary offered was Rs.3 lacs p.a. Average salary offered to the candidates works out to Rs.5.15 lacs p.a. (Refer page 574 of C.A. Journal for October, 2009).

5. Present status of ICAI Branch buildings:

  •  Land has been acquired for the building of the branches of Pimpri – Chinchwad (15,000 sq.ft.), Kota (1,277.75 sq.ft.), Hubli (38,745sq.ft.), Sangli (4,888.16 sq.ft.), Ahmednagar (4,990 sq.ft.), [algaon (5,200 sq.ft.), Bhilwara (27,000 sq.ft.), Mathura (6,988.59 sq.ft.), Faridabad (28,890 sq.ft.) Hisar (20,498 sq.ft.), Kakinada, Vijayawada, Sangrur, Bilaspur, Bikaner and Ajmer, while the acquisition is still in process for Rohtak.

  •  The construction of ICAI Bhavan branch building has been completed at Cuttak and Mangalore (renovated). A building measuring 8,200 sq.ft. has been acquired for the Pune branch.

  • Construction for Auditorium in Ludhiana and Indore has been completed and same have been inaugurated and become functional. Besides, a seminar hall in Guntar has also become operational.

  •  Building construction has been commenced for the branches and the proposal for construction of building is under consideration for the branches of Mathura, Faridabad, and Bellary.

  •  The proposal of acquisition of land is already approved for the branches of Kottyam, Solapur, Kolhapur, Jammu & Kashmir and Nellore. The branches of Varanasi, Bareilly and Allahabad have already started the process of acquisition of land.

 

  •  The Building Committees for the branches, which do not have their own land or building, have been advised to acquire land and building respectively.

  •  The guidelines have also been revised. It has been decided to standardwise the front elevation of the branch buildings.

  •  A new branch at Vapi (WIRC) has been set up taking the total number of ICAI branches to 119.

(Refer Pages 558 of c.A. Journal for October, 2009)

6. Peesent studies of IFRS – Convergence:

  •  To ease the convergence with IFRS, the Ministry of Corporate Affairs has constituted a core group under the Chairmanship of Secretary, Ministry of Corporate Affairs, while three members from the ICAI have been nominated for the core group.

  •     The ICAI, as part of its efforts to facilitate smooth implementation of IFRS from 2011, has launched a website on IFRS and prepared study materials for each individual IFRS.

  •     A CD on e-learning on IFRS has also been issued.

  •     In-house Executive Development Programmes were organised for the corporates for imparting training on IFRS. Nearly 25 such programmes have so far been conducted since February, 2009.

  •     A study group has been formed to study the tax implications of the implementation of IFRS in India.

  •     Report on issues relating to SEBI Rules and Regulations (other than Mutual Funds) arising out of convergence has been finalised.

  •     Report on issues relating to Companies Act aris-ing out of convergence with IFRS has been finalised.

(Refer Page 562 of CA. Journal for October, 2009)

7. Accounting Standards for Local Bodies (ASLB) Exposure Drafts:

Following Exposure Drafts are published for comments by members:

    i) Property,  Plant  and  Equipment  (ASLB) 5

    ii) Events  after Reporting  Dates  (ASLB) 6

(Refer Pages 683 and 693 of CA. Journal for October, 2009)

8. ICAI News:

(Note Page Nos. given below are from CA. Journal for October, 2009)

i) Election Code of Conduct:

As reported on Page 98 of B.CA. Journal for October, 2009, elections to Central and Regional councils are to be heldon 4th and 5-12-2009. ICAI has published the Election Code and Conduct on Pages 673-677. Members are requested to take a note of this Code of Conduct and ensure that they vote on the date/s fixed for these elections. Names of members contesting these elections will be intimated to each member by ICAI in the month of November, 2009.

ii) New Publications  of lCAl  :

a) Compendium of Statements on Auditing (As on 1-7-2009)
 
b) Compendium of Guidance Notes on Auditing Pronouncements (as on 1-7-2009) (refer Page 664)

iii) Outsourcing  by Registrar of Companies (ROC) :

ROC has decided to outsource the work of technial scrutiny of Financial Statements for 2009-10 filed by companies with ROC to our members (Page 546).

iv) Special Audit  of Excise Records:

S. 14A and S. 14AA of the Central Excise Act, 1944 have been amended in the last Budget. Our members as well as Cost Accountants are now eligible to conduct Special Audit u/s.l4A dealing with computation of ‘Value of Goods’ and u/s.14AA dealing with ‘verification of proper utilisation of credit’ under the Central Excise Act and Rules. (Page 546)

v) Accounting  Technicians:

Students who have passed Intermediate/PE-II/PCE and completed the prescribed period of articleship can opt to apply for issue of Accounting Technician Certificate without any further conditions. No fee is payable for this purpose. They will continue to be eligible to appear in the Final Examination. (Page 549)

vi) Names of candidates for lCAl  Elections:

The following candidates are contesting the elections to be held on 4th and 5th December, 2009, for Central/Regional Councils from Western Region. Members are requested to note the names and treat it as their duty to cast their votes. Each member has to select a deserving candidate so that we have a strong council at the Centre and at the Regional Level which can enhance the prestige of our profession. We have to elect 11 candidates for central council and 22 candidates for WIRC The voting is by Single Transferable vote system.

a) Candidates for Central Council from Western Region

CA (1) Rajkumar Adukia,    (2) Brijmohan  Agarwal, Atul Bheda, (4) Praful Chhajed, (5) Ms. Bhavna Doshi, (6) Tarun Ghia, (7) Jayant Gokhale, (8) Pankaj [ain, (9) Nihar Jambusaria, (10) S. K. Maheshwari and I l I) Nilesh Vikamsey from Mumbai, (12) Arun Aanandagiri, (13) K. L. Bansal, (14) C V. Deshpande and (15) S. B. Zaware from Pune, (16) Durgesh Buch, Dhinal A. Shah, (18) Dilip Shah, and (19) Raju C Shah, from Ahmedabad, (20) M. K. Madkholkar (Thane), (21) Mahesh Sarda (Rajkot), (22) B. K. Rathi and (23) Hardik P. Shah from Surat, (24) Ashok R. Thakkar (Vadodara) and (25) [aydeep N. Shah (Nagpur).

b) Candidates for WIRC :

CA (1) S. H. Agarwal, (2) V. K. Agarwal, (3) A. S. Bhandari, (4) V. V. Dodhia, (5) N. C. Hegde, (6) A. C. Jain, (7) S. Y. Joshi, (8) D. K. Kabra, (9) J. V. Kala, S. K. Kedia, (11) D. K. Khandelwal, (12) M. P. Khare, (13) S. D. Lalan, (14) N. P. Majilhia, (15) N. L. Mishra, (16) S. K. Ratodia, (17) Ramesh Shetty, Shardul D. Shah, (19) Ms. Shruti J. Shah, (20) R. S. Sharma, (21) A. P. Shenoy and (22) K. K. Vaidya from Mumbai, (23) A. J. Patel, (24) A. K. Patel, (25) N. M. Pathak, (26) P. R. Raval, and (27) Y. A. Vyas from Ahmedabad, (28) R. N. Advani, (29) K. S. Mantary and (30) Dayaram Paliwal from Thane, (31) D. M. Apte, (32) D. B. Gandhi, (33) M. Y. Limaye and (34) C. D. Upasani from Pune, (35) S. G. Brahme (Dombivli), (36) J. A. Chaaira and (37) M. S. Modi from Surat, (38) P. D. Dhamankar (Vasai), (39) M. M. [oshi, and (40) J. M. Shah from Nagpur, (41) C. V. Pawar (Nashik), (42) R. N. Shah (Vadodara), (43) U. R. Sharma (Aurangabad) and Gautam  Verlekar  (Goa).

ICAI And Its Members

1. ICAI News :

(Note : Page
Nos. given below are from C.A. Journal for April, 2010)

(i) The Council
of ICAI has constituted four new groups to make the Institute more responsive,
progressive, robust and member/student-friendly. These groups are as under.

(a) The
Central Grievance Redressal Cell :

This cell will
mainly work to effectively and speedily resolve the grievances received from
members and students across the nation centrally.

(b) Codification
of Regulations, Directions of Council regarding functions of Branches of
Regional Councils Group :

This group will
study and examine the provisions of existing regulations, directions of the
Council regarding the functions of Regional Councils or their Branches and
various decisions of the Council/the Executive Committee in place and suggest
suitable changes therein, so as to make such provisions more effective and
members/students-friendly and improve overall functioning of the Branches,
including the aspect of staff and technology requirements.

(c) The
Infrastructure Acceleration Group :

This group will
mainly prioritise various infrastructure projects of ICAI and study, consider
and suggest ways and means of accelerating the ongoing projects besides
ensuring efficient management and maintenance of ICAI properties.

(d) The
Information Technology Initiatives Group :

This group will
see to it that the Institute becomes more hi-tech to the ultimate benefit of
its members and students. (Refer pages 1564-1565)

(ii) Campus
Placement Programme

February-March
2010 :

The first phase
of the interview process for new members of ICAI under the above programme has
been held in February-March, 2010 in 16 major cities. 94 companies participated
in this programme seeking placement for more than 1600 Chartered Accountants.
2906 candidates registered for the above campus interviews. In the first phase,
1032 candidates have been offered jobs. It is reported that this year’s
response far exceeded the response in 2009. It is interesting to know about
some details given on pages 1691-1692 of jobs offered by various companies.

(i) Remuneration
offered
:

(a) International
posting :

Name of company

CTC offered

Total job offers made

Olam International

1,50,00 US $ (approx.Rs.70 lacs per annum)

11

Tolaram Corporation Pvt. Ltd.

Rs.20.75 lacs per annum

7

Topaz Energy and Marine

Rs.12 lacs per annum

4

(b) Domestic
posting :

Name of company

CTC offered

Total job offers made

Axis Bank

Rs.10.82 lacs per annum

1

ITC Limited

Rs.10.61 lacs per annum

8

BPCL

Rs.9.5 lacs per annum

15

 

    Summary of job offers and acceptance at selected places?:


  

 Some ethical issues :

The Ethical Standards Board has considered some ethical issues and given its views on page 1572. Some of these issues are as under :

    i) Can a practising Chartered Accountant accept a position as auditor previously held by some other Chartered Accountant in such conditions as to constitute undercutting ?

Ans. : A Chartered Accountant in practice can accept a position as auditor previously held by some other Chartered Accountant in such conditions as to constitute undercutting (vide amendment in the CA Act in 2006).

    ii) Whether a member of the Institute will be guilty of professional misconduct, if he, not being a fellow, styles himself as a fellow ?

Ans. : As per Clause (1) of Part III of the First Schedule to the CA Act, a member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct if he, not being a fellow, styles himself as a fellow.

    iii) Can a Chartered Account in practice disclose information acquired in the course of his professional engagement ?

Ans. : As per Clause (1) of Part I of Second Schedule to the CA Act, a Chartered Accountant in practice shall be deemed to be guilty of professional misconduct, if he discloses information acquired in the course of his professional engagement to any person other than his client so engaging him, without the consent of his client or otherwise than as required by any law for the time being in force.

    iv) Whether an auditor is required to provide the client or other auditor of the same enterprise access to his audit working papers ?

Ans. : Working papers are the property of an auditor. An auditor is not required to provide the client ac-cess to his audit working papers. The main auditors of an enterprise do not have right to access to the audit working papers of the branch auditors, except in case it is required by the regulatory norms.

    v) Whether a joint auditor will be responsible for the work done by other joint auditor ?

Ans. : Council direction under Clause (2) of Part I of the Second Schedule to the CA Act prescribes that in respect of audit work divided among the joint auditors, each joint auditor is responsible only for the work allocated to him, whether or not he has prepared a separate report on the work performed by him. However, on the other hand, all the joint auditors are jointly and severally responsible for the work which is not interse divided among the auditors, and also for compliance of requirements of relevant statues.

    vi) Can a member in practice express his opinion on financial statements of any business or enterprises in which he, his firm or a partner in his firm has a substantial interest ?

Ans. : As per Clause (4) of Part I of the Second Schedule to the CA Act. A Chartered Accountant in practice shall be deemed to be guilty of professional misconduct, if he expresses his opinion on financial statements of any business or any enterprise in which he, his firm or a partner in his firm has substantial interest. (Vide amendment in the CA Act in 2006, even after disclosure of interest by the member, expression of opinion is not allowed.)

(For this purpose, ‘Substantial Interest’ means 20% or more interest held by the member or his relatives in the concern. (Refer Appendix-9 of CA Regulations)

    vii) Whether a member in practice will be held liable for failing to keep moneys of his client in a separate banking account or to use such moneys for purposes other than they are intended for ?
Ans. : As per Clause (10) of Part I of Second Schedule to the CA Act, a member in practice shall be deemed to be guilty of professional misconduct, if he fails to keep moneys of his client other than fees or re-muneration or money meant to be expended in a separate banking account or uses such moneys for purposes other than they are intended for.

    viii) Whether a statutory auditor can accept the system audit of the same entity ?

Ans. : The statutory auditor can accept the assignment of a system audit of the same entity, provided it did not involve any scrutiny/review of financial data and information.

    3. Disclosure in Cash Flow Statement of Borrowings, etc. in the case of a financial institution :

    i) Facts :
A company is recognised as a Financial Institution. The company is engaged in financing of power sec-tor in India. The company prepares its Cash Flow Statement using the indirect method as per AS–3 dealing with ‘Cash Flow Statements’. While preparing financial statements, the company disclosed the net cash outflows/inflows from loan disbursements made to/principal repayments received from the borrowers under the head ‘cash flow from financing activities’. The company also disclosed the net in-flows/outflows from loans borrowed from/principal repayments made to lenders under the head ‘cash flow from financing activities’.

The auditors of the company objected to this presentation. They were of the view that the above amount should be shown under ‘cash flow from operating activities’. The company is of the view that AS-3 defines the operating activities as “the principal revenue-producing activities of the enterprise and other activities that are not investing or financing activities”.

    ii) Query :
The company sought opinion of Expert Advisory Committee (EAC) on the following issues :

    a) Whether it is correct to classify the amounts of loans disbursed to and the repayments received from the borrowers under the head ‘cash flows from operating activities’, and the amounts of loans raised from and the repayments made to the lenders under the head ‘cash flows from financing activities’, as per the indirect method of preparation of cash flow statement as per AS-3.

    ii) If not, what is the correct method of disclosure of the amounts of loans disbursed to and the repayments received from the borrowers, and the loans raised from and the repayments made to the lenders, as per the indirect method of preparation of cash flow statement as per AS-3.

    iii) EAC opinion :
While giving this opinion EAC has considered paras 5, 14, 17 and 20 of AS-3 and given its opinion as under :

    a) It is correct to classify the amounts of loans raised from and the repayments made to the lenders under the head ‘cash flows from financing activities’ and the amounts of loans disbursed to and the repayments received from the borrowers under the head ‘cash flows from operating activities’, as per the indirect method of preparation of cash flow statement as per AS-3. For the purpose of the preparation of cash flow statement, the aforesaid amounts would be arrived as increased/decrease in the borrowings and loans & advances outstanding in the two balance sheets relevant for the Cash Flow Statement.

    b) Since the answer to (a) above is not in the negative, this question does not arise.

    Accounting Standards :
Accounting Standards Board (ASB) has issued expo-sure drafts revising the following accounting standards and also issued some exposure drafts of new accounting standards after convergence with Inter-national Financial Reporting Standards (IFRS) for public comments.

    Revised Standards :
    i) AS-4 (Corresponding to IAS-10) — Events after Reporting Period.
    ii) AS-5 (Corresponding to IAS-8) — Accounting Policies, Changes in Accounting Estimates and Errors.

    iii) AS-7 ( Corresponding to IAS-11) — Construction Contracts.
    iv) AS-10 (Corresponding to IAS-16) — Property, Plant and Equipment.
    v) AS-11 (Corresponding to IAS-21) — The Effects
    vi) AS-19 (Corresponding to IAS-17) — Leases.
    vii) AS-21 (Corresponding to IAS-27) — Consolidated and Separate Financial Statements.
    viii) AS-23 (Corresponding to IAS-28) — Investments in Associates.

    ix) AS-25 (Corresponding to IAS-34) — Interim Financial Reporting.

    New Standards :

    x) AS-34 (Corresponding to IAS-29) — Financial Reporting in Hyper Inflationary Economies.
    xi) AS-35 (Corresponding to IFRS-6) — Exploration for Evaluation of Mineral Resources.
    xii) AS-37 (Corresponding to IAS-40) — Investment Property.

    5. Auditing Standards :
The following Standards on Auditing (SA) have been finalised and published at pages stated below. This will apply to Financial Statements for periods begin-ning on or after 1st April, 2011 :

    i) SA-710 (Revised) — Comparative Information — Corresponding Figures and Comparative Financial Statements. (pages 1693-1698)
    ii) SA-800 — Special Considerations — Audits of Financial Statements Prepared in Accordance with Special Purpose Frameworks. (pages 1699-1702)
    iii) SA-805 — Special Considerations — Audits of Single Financial Statements and Specific Elements, Accounts or Items of a Financial Statement. (pages 1703-1708)
    iv) SA-810 — Engagements to Report on Summary Financial Statements. (pages 1709-1716)

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v
“India cannot be held to any emission control target. They (developed
countries) should get off our backs. We are an expanding economy. How can we
levy a cap when millions are living with deprivation ?”

R.
K. Pachauri, Head of the Intergovernmental Panel on Climate Change (IPCC), to
IANS

v
“If you have not been a villain at a certain point in time, you will never be
a hero. And even if you are a hero one day, you may well become a villain the
next”


Carlos Ghosn, CEO, Nissan and Renault, in Newsweek

v
“Technology will not be a differentiator between rich and poor consumers;
personalised experience will be”

C.
K. Prahalad, Professor, Ross School of Business, at the University of
Michigan, in Mint

v
“Being a CEO is like answering a call to bring the organisation to a better
place than where you found it”


Edward J. Ludwig, CEO, Becton, Dickinson and Company, in Harvard Business
Review

v
“I don’t see anybody in Washington or anywhere else saying, look, this energy
crisis is the biggest one we’ve had, let’s really put the best people to work
on figuring out how to reduce the country’s dependence on oil”


Indra Nooyi, Chief Executive Officer, PepsiCo, in Reuters.com

v
“People in India are simple folks, who work hard and save. I believe that the
simpler the product (insurance), the better will be the reception”

P.
Chidambaram, Finance Minister, in Hindustan Times

v
“Over the last several decades, revolutions in communication and technology
have sent jobs wherever there’s Internet connections; that have forced
children in Raleigh and Boston to compete for those jobs with children in
Bangalore and Beijing. We live in a more competitive world, and that is a fact
that cannot be reversed”


Barack Obama, Democrat Party candidate for the US presidential election, in
The Times of India

v
“Once things start slowing down in India, we think that the competition may
give up. We see that as an opportunity”


Martin Sorrell, CEO, WPP Group, in Mint

v
“You have to encourage experimentation. You must hire people who don’t listen
to you. You have to create a sandbox where people can play — and fail, often
and early”


Anand Mahindra, Vice-Chairman & MD, Mahindra & Mahindra, in Harvard Business
Review

(Source :
Business Today, 10-8-2008, 13, 27-7-2008)

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  • Quote of the month

“Anything
that smells like a conglomerate is going to be gone. We have to get rid of
those business.”

Vikram Pandit,
CEO, CITIGROUP, in Financial Times.

  •  Risk-management

“Sometimes
you need to say, ‘No model is better than a faulty model’ — like no medicine
is better than the advice of an unqualified doctor”

Nassim Taleb,
Risk Management Guru and

Author of the
Black Swans in Fortune.

  •  Finance

“Derivatives
are like race cars. Part of the performance comes from the machine, and part
from the experience and capability of the driver”

Omer Helvin,
Sales Director, Super Derivatives,

in Business
Line.

“Finance has
gotten so complicated with so much interdependency. What you’ve done is
interconnected the solvency of institutions to a degree that probably nobody
anticipated”

Warren Buffet,
Chairman & CEO, Berkshire Hathaway, in Fortune.

(Source :
Indian Management, May, 2008.)

 

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  •  ‘If bankruptcy is a permissible form of business outcome in industry, what is
    irrational about this waiver (of loans to farmers) ?’

Manmohan
Singh, Prime Minister, in Business Standard

  •  ‘If you’re on a beach and a tsunami hits, you’ll drown whether you’re a small
    child or an Olympic swimmer. Some things will go bad no matter how good you
    are’

Lloyd
Blankfein, CEO, Goldman Sachs, in Fortune

  •  ‘Originality and creativity are deeply intrinsic to India. The Indian mind is
    distinct. Then, diversity is in India’s DNA’

Prasoon Joshi,
Executive Chairman and Regional Creative Director (Asia Pacific), McCann
Erickson,

in Business
Standard

(Source :
Business Today, 6-4-2008)

  •  “India, which always used last year’s fashion to dress itself up, is becoming
    the knowledge centre of the world”

Alok Sharma,
Chief Executive of the US-based Telsima, the leading WiMAX tech provider in
the world,

in Business
Week online.

  •  “Every Country in the world is facing an upsurge in inflation. China’s
    inflation rate is about 9%, much worse than ours. We should recognise that
    this is a global phenomenon.”

Montek Singh
Ahluwalia, Deputy Chairman,

Planning
Commission in Indian Express.

  • “We are not committed to using Indian resources. We will go where we find the
    right skills at the right price.”

Virender
Aggarwal, Head, Satyam Asia Pacific and Middle East, in Forbes.

(Source :
Business Today, 4-5-2008)


  • “I hold market fundamentalism primarily responsible for the current financial
    crisis. This is a man-made crisis and is a result of this false belief that
    markets correct their own excesses. That is the job of the regulator. And the
    regulators failed to perform their job.”

George Soros,
Chairman, Soros Fund Management

in
moneycontrol.com.

 

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