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Miscellanea

1. TECHNOLOGY AND AI

#World-first’ AI camera targets drink-drivers

Motorists under the influence of alcohol or drugs could be caught by a pioneering AI camera which is being tested for the first time in Devon and Cornwall. The state-of-the-art Heads-Up machine can detect road use and behaviour consistent with drivers who may be impaired by drink or drugs.

Police further up the road can stop the vehicle, talk to the driver and do a roadside test for alcohol and illegal drugs. Geoff Collins, UK general manager of camera developer Acusensus, said: “We are delighted to be conducting the world’s first trials of this technology right here in Devon and Cornwall.”

The camera can be moved quickly to any road in either county, without warning, with drivers unaware they have been spotted until police pull them over. “We are all safer if we can detect impairment before it causes an incident that could ruin lives,” said Mr. Collins.

Acusensus cameras have previously been used to help police catch drivers using mobile phones at the wheel or not wearing seat belts. With drink-drivers six times more likely to be involved in a fatal crash, Devon & Cornwall Police are hoping the Heads-Up system will help to save lives.

“Our officers cannot be everywhere,” said Supt Simon Jenkinson, whose team polices the 14,000 miles of roads in the two counties. As members of the Vision Zero South West road safety partnership, we’re committed to doing everything we can to reduce the number of
people killed and seriously injured on our roads. Embracing emerging technology such as these cameras is vital in that quest. The trial is taking place throughout December to coincide with other drink-driving campaigns.

(Source: bbc.com dated 14th December, 2024)

#THE 12 GREATEST DANGERS OF AI

In his new book Taming Silicon Valley, the AI expert Gary Marcus shared what he sees as the greatest dangers of AI and gave a list of 12 immediate dangers of AI in Silicon Valley.

1. Deliberate, automated, mass-produced political disinformation.

“Generative AI systems are the machine guns (or nukes) of disinformation, making disinformation faster, cheaper, and more pitch perfect,” says Marcus. “During the 2016 election campaign, Russia was spending $1.25 million per month on human-powered troll farms that created fake content, much of it aimed at creating dissension and causing conflict in the United States.”

2. Market manipulation.

He argues, “Bad actors won’t just try to influence elections; they will also try to influence markets. I warned Congress of this possibility on 18th May, 2023; four days later, it would become a reality: a fake image of the Pentagon, allegedly having exploded, spread virally across the internet,” which made the stock market briefly buckle.

3. Accidental misinformation.

“Even when there is no intention to deceive, LLMs can spontaneously generate (accidental) misinformation. One huge area of concern is medical advice. A study from Stanford’s Human-Centered AI Institute showed that LLM responses to medical questions were highly variable, often inaccurate,” notes Marcus.

4. Defamation.

“A special case of misinformation is misinformation that hurts people’s reputations, whether accidentally or on purpose,” notes Marcus. “In one particularly egregious case, ChatGPT alleged that a law professor had been involved in a sexual harassment case while on a field trip in Alaska with a student, pointing to an article allegedly documenting this in The Washington Post. But none of it checked out.”

5. Nonconsensual deepfakes.

Marcus explains that “Deepfakes are getting more and more realistic, and their use is increasing. In October 2023 (if not earlier) some high school students started using AI to make nonconsensual fake nudes of their classmates.”

6. Accelerating crime.

Marcus argues that Generative AI is already being used for impersonation scams and spear-phishing. “The biggest impersonation scam so far seems to revolve around voice-cloning. Scammers will, for example, clone a child’s voice and make a phone call with the cloned voice, alleging that the child has been kidnapped; the parents are asked to wire money, for example, in the form of bitcoin.”

7. Cybersecurity and bioweapons.

“Generative AI can be used to hack websites to discover ‘zero-day’ vulnerabilities (which are unknown to the developers) in software and phones, by automatically scanning millions of lines of code—something heretofore done only by expert humans,” explains Marcus.

8. Bias and discrimination.

“Bias has been a problem with AI for years. In one early case, documented in 2013 by Latanya Sweeney, African American names induced very different ad results from Google than other names did, such as advertisements for researching criminal records.”

9. Privacy and data leaks.

Marcus points to Shoshana Zuboff’s book The Age of Surveillance Capitalism, where she argued that companies are spying on all of us and that surveillance capitalism “claims human experience as free raw material for translation into behavioral data [that] are declared as proprietary behavioral surplus, fed into [AI], and fabricated into prediction products that anticipate what you will do now, soon, and later.” Marcus adds: “and then sold to whoever wants to manipulate you.”

10. Intellectual property taken without consent.

A lot of what AI will “regurgitate is copyrighted material, used without the consent of creators like artists and writers and actors,” notes Marcus. “The whole thing has been called the Great Data Heist — a land grab for intellectual property that will (unless stopped by government intervention or citizen action) lead to a huge transfer of wealth — from almost all of us — to a tiny number of companies.”

11. Overreliance on unreliable systems.

Marcus explains: “In safety-critical applications, giving LLMs full sway over the world is a huge mistake waiting to happen, particularly given all the issues of hallucination, inconsistent reasoning, and unreliability we have seen. Imagine, for example, a driverless car system using an LLM and hallucinating the location of another car. Or an automated weapon system hallucinating enemy positions. Or worse, LLMs launching nukes.”

12. Environmental costs.

The training of LLMs requires enormous amounts of energy, which has implications for the environment. “Generating a single image takes roughly as much energy as charging a phone. Because Generative AI is likely to be used billions of times a day, it adds up,” explains Marcus. Additionally, he notes that the trend among AI companies is to train bigger and bigger models, which requires astronomical amounts of energy.

(Source: Forbes.com dated 9th November, 2024)

2 HEALTH

#Elon Musk’s Neuralink announces study to connect brain implant to robotic arm

Elon Musk’s brain-computer interface implant startup Neuralink announced on X that it received approval to launch a new feasibility study, CONVOY, which will test the use of its wireless brain-computer interface (BCI), or N1 implant, to control an investigational assistive robotic arm.

“This is an important first step towards restoring not only digital freedom, but also physical freedom. More info to come, but the CONVOY study will enable cross-enrolling participants from the ongoing PRIME study,” Neuralink said in a post.

Neuralink’s PRIME study (short for Precise Robotically Implanted Brain-Computer Interface) involves the placement of a small, cosmetically invisible implant in the area of a person’s brain that plans movements. The N1 implant is designed to interpret one’s neural activity to assist them in operating a computer or smartphone by simply intending to move.

The ongoing medical device clinical trial is designed to provide individuals with quadriplegia the ability to use digital devices with their thoughts, and the company is continuing to seek individuals to participate in the study.

Neurolink’s BCI device was first implanted into 29-year-old quadriplegic Noland Arbaugh in February, resulting in Arbaugh having the ability to play chess and video games hands-free.

In July, Elon Musk joined Neuralink to give a live update on patients implanted with the Telepathy device. “Let’s say somebody has lost their arms or legs, we could actually attach an Optimus arm or Optimus legs to a Neuralink implant so that the motor commands from your brain that would go to our biological arms now go to your robot arms or robot legs, and you’d basically have cybernetic superpowers,” Musk said.

Optimus, also known as the Tesla Bot, is a general-purpose robotic humanoid that was initially announced by Musk in 2021, with a prototype shown in 2022. Musk showcased the robot’s progress at Tesla’s “We, Robot” event at Warner Bros. Studio last month in Los Angeles.

Neuralink recently announced it received approval from Health Canada to perform a clinical trial on its N1 brain implant and R1 robot, which is used to place the implant into the brain. The “Canadian Precise Robotically Implanted Brain-Computer Interface” (CAN-PRIME) study will be performed by the University Health Network (UHN) hospital at its Toronto Western Hospital.

Last month, the company received FDA breakthrough device designation for Blindsight, an implant that aims to restore vision in individuals who are blind. Blindsight implants a microelectrode array into the visual cortex of a person’s brain. The array then activates neurons, which then provide the individual with a visual image.

(Source: www.mobihealthnews.com dated 27th November, 2024)

Input- Output Ratio

A Chartered Accountant’s client wanted to sell his large immovable property. It was ancestral, and there were 3 to 4 co-owners. A client approached the CA and entrusted the assignment to him. The client said that he would also prefer to have a good lawyer in the picture.

The CA, as usual, was overly sincere and desired to save income tax for the client. He gave him several lawful advice. He broad-based the ownership structure so as to divide the capital gains. Internal gifts did not attract income tax. He also tried to save stamp duty. Different individual members of the family could claim different exemptions legitimately. The client was very happy.

The CA asked for some initial payment of fees. The client said — Sir, you are aware I have no money. That is why I am selling my property.

The CA met the purchaser many times. Meetings were held in the CA’s office, and the CA spent liberally on hospitality. Then, they approached the lawyer selected by the client. On three or four occasions meetings with the lawyer got postponed after waiting for more than one or two hours, as he was held up in a Court. After meeting the lawyer, the lawyer tried to understand the facts and delegated the work to his junior. The lawyer took advance fees, which the client instantly paid. He assured the CA that he would pay him later.

The lawyer’s office drafted the deed — standard format for all co-owners. It was mailed to the CA’s office. The CA took printouts of all agreements and corrected errors. He realised that despite his specific instructions, an appropriate clause of HUF was not added. So, he made corrections in the context of tax provisions, section 50-C, section 56, and so on. Virtually, he had to re-write the agreements from the tax perspective.

Purchasers insisted on the updation of ownership records in the society of plot owners. The CA followed up by doing all the paperwork.

The client received a good amount of advance from the buyer, but the CA advised him to make immediate investments to save tax. The client had ‘no money’ to pay fees to the CA.

Finally, the deal was over. The CA had saved a sizeable amount of tax for the client through proper tax planning and ensured that the deal would happen smoothly. He also guided him on advance tax, exemptions under sections 54, 54F, and 54EC by researching case laws.

However, when CA demanded his fees, he had to face a hard bargain and reduce his fees substantially, whereas, the lawyer was paid handsomely, not to mention a hefty two percent brokerage of the deal amount charged by the broker.

That is the input-output ratio!

Letter To The Editor

The Editor,
BCAJ,
Mumbai

Dear Shri Mayurbhai,

Re: BCAJ Editorials

I always look forward to reading your Editorials first thing upon receiving my copy of the Journal.

I find the Editorials very well researched, meaningful, contemporary, relevant, and mature, and the language employed is very well-balanced.

I only hope the message reaches the policy / decision makers in New Delhi and the State Capitals and favourably impact their Policy Decisions.

Please keep up the good work you are doing.

Sincerely,

CA. Tarunkumar Singhal

Learning Events at BCAS

1. AI and Technology ki Pathshala: A Technology Orientation Program for Article Students, held on Thursday, 7th November, 2024 and Friday, 8th November, 2024 @ virtually.

The Human Resource Development Committee of BCAS organised this interesting program to provide article students with a robust foundation in artificial intelligence (AI) and emerging technologies, empowering them to stay ahead in the dynamic professional landscape. The program commenced with an interactive session led by CA Nirav Bhanushali, who demonstrated the effective use of productivity applications within MS Office 365 and Google Workspace. His live demonstration showcased practical tips and tricks to enhance efficiency in managing tasks, documents, and collaboration. CA Narasimhan Elangovan delved into the exciting possibilities of leveraging AI tools like ChatGPT. He illustrated how these tools can be employed to simplify articleship tasks, enhance learning, and prepare more effectively for exams.

On the second day, CA Abhay Gadiya introduced participants to cutting-edge tools such as Power Query and Power BI. His session emphasised how these technologies can be harnessed to process and analyse large datasets, generate meaningful insights, and present data visually, enabling informed decision-making. CA Nikunj Shah, who offered a deep dive into Microsoft Excel, equipping participants with advanced techniques to streamline and enhance their workflow. The program drew enthusiastic participation from over 55 article students, who appreciated the interactive and hands-on approach of these sessions.

2. FEMA Study Circle Meeting on Amendments in NDI Rules and Compounding under FEMA, held on Friday, 25th October, 2024 @ Virtual

During the session, Group Leader — CA Deepender Kumar extensively discussed amendments on the subject. He emphasised the expanded scope of non-debt instruments under FEMA, clarifying that NDI includes investments not classified as debt, such as equity, capital contributions, and other equity-characteristic securities. The amendments outlined specific instruments that qualify as equity, such as shares, convertible securities, and share warrants, which help investors precisely understand which instruments are eligible for foreign investment. He highlighted that these clarifications provide clear guidelines for investors and regulators alike, reducing ambiguity in foreign investment transactions.

The focus of the meeting was on sectoral changes and investment caps. Certain sensitive sectors like insurance, defence, and media now have revised foreign investment limits, aligning with India’s strategic economic objectives. These sector-specific adjustments include transitions from the automatic to the approval route, which mandates prior government or RBI approval for foreign investment in certain areas. This change underscores the need for entities to be vigilant in understanding sectoral thresholds and compliance requirements. He noted that businesses must carefully interpret these sector-specific regulations to ensure they remain compliant, especially in sectors where government intervention has increased. The meeting was well received by 40+ participants attending the discussion.

3. Suburban Study Circle Meeting on ‘Framework of Adjudication, recent ROC/RD orders and important amendments under the Companies Act, 2013, held on Thursday, 24th October, 2024 held at C/o Bathiya & Associates LLP, Andheri (E).

Group Leader CS Raj Kapadia explored the framework of adjudication, recent orders by the Registrar of Companies (ROC) and Regional Directors (RD), and key amendments under the Companies Act, 2013. He covered Sections 15 and 16 of the MSMED Act, 2006, highlighting critical compliance requirements for payments to MSME suppliers and the importance of Form MSME 1.
The key discussions were:

  • Payments to MSME suppliers must be made within the agreed due date, not exceeding 45 days.
  • Failure to pay on time incurs compound interest at three times the bank rate, calculated monthly.
  • Interest accrual starts the day after the due date.
  • Recent amendments focus on decriminalising certain offenses under the Companies Act, aiming to reduce punitive measures and promote ease of doing business.
  • ROC/RD orders have increased scrutiny and enforcement of compliance requirements for corporations.

The Group Leader effectively addressed audience queries, providing clear explanations and practical insights on navigating complex compliance issues.

4. Indirect Tax Laws Study Circle Meeting was held on 27th September 2024, via Zoom.

Group leader, CA Chaitanya Vakharia, in consultation with Group Mentor, CA Ashit Shah, prepared six case studies covering various contentious issues around the filing of the GST Annual Return in GSTR-9 and Annual Reconciliation in GSTR 9C for FY:2023–2024.

The presentation covered the following aspects for detailed discussion:

  • Reporting of turnover in Table 5A of GSTR 9C
  • Applicability for filing GSTR 9 and GSTR 9C for 2023-24
  • Issues in filing annual returns after cancellation of GSTIN
  • Reporting of ITC in table 6B of GSTR 9
  • Additional reporting in GSTR 9 if not reported / wrongly reported in GSTR 1 and GSTR 3B
  • Claim of ITC in cases of payments to vendors beyond 180 days

Around 80+ participants from all over India benefitted while taking active part in the discussion.

5. Finance, Corporate & Allied Law Study Circle —Professionals Be Aware of PMLA Provisions, held on Wednesday, 23rd October, 2024 @ Hybrid.

PMLA is an important legislation, at times linked to national security, and Group Leader CA Kinjal Shah dealt with the applicability of PMLA provisions to the professionals such as chartered accountants, company secretaries, and cost accountants in a lucid manner. He explained the origin of PMLA, offence of money laundering, proceeds of crime, rationale for bringing in CAs as reporting entities and some of the key FAQs issued by ICAI. The obligations were explained with the help of a work flow chart analysing the procedure. Unlike other reporting entities, CA, CS, CMA are required to report to their respective institute who in turn reports to FIU-Ind. The meeting was well appreciated by 85+ study circle participants.

YouTube Link: https://www.youtube.com/watch?v=kQy9TNdSjCo

6. Suburban Study Circle meeting – Inheritance and Succession Planning Held on Sunday, 20th October, 2024, @ Hotel Golden Delicacy, Borivali.

Succession laws dictate how assets are distributed upon an individual’s demise. In India, these laws are influenced by religious and personal status. Group Leader CA Toral Shah discussed that planning effectively through wills and private trusts can help avoid disputes and ensure a smooth transfer of assets to the next generation.
Key Takeaways of the meeting were:

Intestate Succession (Without a Valid Will):

  • If no will is created, assets are distributed as per legal guidelines:
  • Hindus, Jains, Sikhs, and Buddhists: Governed by the Hindu Succession Act, 1956.
  • Muslims are governed by Sharia Law.
  • Christians, Parsis, and Jews are governed by the Indian Succession Act, 1925.
  • If a case is not covered under the Indian Succession Act, it may be governed by the Hindu Succession Act.

Private Trusts:

– Private trusts are set up to manage and safeguard assets for beneficiaries, often used for estate planning and tax benefits.

– Provides asset protection and can reduce inheritance tax liabilities.

– Ensures that minors or vulnerable dependents are cared for, as specified by the trust’s terms.

– Offers greater control over how and when assets are distributed.

– `Laws governing private trusts in India include the Indian Trusts Act, 1882.

Group Leader effectively addressed audience queries regarding will preparations, gifts and she gave practical insights on navigating complex compliance issues. Overall 30+ participants attended the discussion.

7. Lecture Meeting on Hon’ble Supreme Court’s decision in case of Safari Retreats Pvt Ltd, held on Wednesday, 16th October, 2024, @ Zoom.

The learned faculty Sr. Adv. V. Sridharan explained the facts and the applicability of the very important and recent decision of the Apex court on availability of ITC for construction of immovable property. He explained how the apex court has differentiated the definition of ‘Plant and Machinery’ given in the explanation appended to section 17 of the CGST ACT applies to the expression ‘Plant or Machinery’ used in clause (d) of sub-section 5 of section 17. The difference of ‘and’ and ‘or’ becomes crucial too. He explained the important terms ‘own account’, ‘Plant’, ‘ITC – a right’, ‘Functionality test of a plant’ interpreted in the decision. He analysed the judgement in terms of its impact and way forward. The lucid analysis benefited all the 275+ participants attending the lecture meeting.

YouTube Link: https://www.youtube.com/watch?v=lXEXnTBG9ZQ

8. NFRA Interaction – Evolving Assurance Landscape event held on Friday 4th October, 2024, Venue: Jio World Convention Centre

Topic 1: NFRA Interaction – Points Discussed:

  • Dr. Ajay Bhushan Prasad Pandey, Chairman, NFRA briefed the participants about the history and need for National Financial Reporting Authority (NFRA). He also explained the expectations of NFRA from the Auditors and Chartered Accountants.
  • The other two speakers, Mr. Shyam Tonk, Executive Director, NFRA and Mr. Vidyadhar Kulkarni, Principal Consultant, NFRA discussed the recent disciplinary orders of NFRA against Chartered Accountants, the outcomes and important pointers to be noted for future audit assignments.

Topic 2: Panel Discussion on Evolving Assurance Landscape

Panellists: Dr. Ajay Bhushan Prasad Pandey, CA Mukund Chitale and CA Manoj Fadnis

Moderated by CA Himanshu Kishnadwala and CA Amit Majumdar.

Points Discussed:

  • Proposed Revision in SA 600 “Using the work of other auditor” by NFRA
  • Recent circular dt. 3rd October, 2024 by NFRA on the role of principal auditor and other auditors in group audit and consolidated accounts.
  • Other developments and challenges faced by Chartered Accountants in the Audit practice area.

This meeting was well received by 80+ participants.

9. AI Co-Pilot and Chatbot for Professional Services Firms held on Tuesday, 10th September, 2024 @ Zoom.

In recent years, Artificial Intelligence (AI) has rapidly advanced, offering sophisticated Language Learning Models (LLMs) accessible to the general public. For Chartered Accountancy Practitioners and Professional Services Firms, leveraging AI tools can significantly enhance efficiency, streamline processes, and improve client service.

The key takeaways of the meeting were that Co-Pilot and Co-Pilot Studio can automate routine tasks, such as data entry, financial analysis, and report generation. AI can help streamline your practice, saving time, and reducing manual effort. It can improve workflow, client interactions, and overall service quality. The speakers also explored how chatbots can transform customer support and internal communication. They conducted a live demonstration of the step-by-step process for building and deploying a chatbot and customising it to address specific business needs.

Speakers:

Mr. Ajitabh Dwivedi and Mr. Nishant Gupta from Microsoft and Mr. Devesh Aggarwal from Compusoft. The session received an overwhelming response from 265+ participants across the country.

II. Other Society initiatives:

1. Letter of understanding (LOU) signed with National Institute of Securities Market (NISM) at NISM, BKC:

NISM is a non-profit organisation established by SEBI and carries out capacity-building activities enhancing quality standards in securities markets. BCAS signed LOU with NISM on 22nd November, 2024 marking a new beginning of this strategic collaboration aimed at fostering financial literacy, strengthening capital markets through research initiatives and deepening the academia — professional interface. The LOU signing was followed by a fireside chat on the topic of ‘Bridging the Trust Deficit in Financial Markets- The Role of Professionals in Strengthening Investor Protection and Market Transparency’ amongst CA Anand Bathiya, President and Shri Sunil Kadam, Registrar of NISM, moderated by CA Deepak Trivedi, Chief General Manager, Partnerships & Marketing Development. The session was organized by Finance, Corporate & Allied Laws Committee of BCAS. The momentous event ended with several thoughtful ideas which shall foster relations between both the organisations for laying a foundation of trust and knowledge sharing.

2. Interactive Discussion with Hon’ble Member (Tax Payer Services & Revenue), CBDT on 18th November, 2024 at Aayakar Bhavan, Mumbai.

BCAS was invited as one of the stakeholders for an interactive session- ‘Tax Focus Forum’ with Hon’ble Member of CBDT, Shri HBS Gill and his officers. The objective of the meeting was to get feedback, understand the pulse of the community and foster a two-way communication on the roles and expectations in a transparent manner and in a trust-building atmosphere. The forum was attended by CA (Adv.) Kinjal Bhuta, Jt. Secretary and CA Jagdish Punjabi, Managing Committee Member. The Society presented the Forum with some pertinent compliance-related issues faced by the taxpayers and professionals currently and received an encouraging response from the Hon’ble Member, CBDT.

Miscellanea

1. BUSINESS

Microsoft ‘teaches’ new AI tools To ‘act’ on behalf of humans in work and life

Microsoft CEO Satya Nadella, during the Microsoft Ignite conference on Tuesday, revealed that the company is currently “teaching” new AI tools that would have the capacity to act on behalf of humans in both work and life.

Developers of AI are looking at the next wave of AI chatbots as “agents” that can do more things for people. However, one setback in the development of such tools is the high cost.

On a blog on 19th November, 2024, Microsoft elaborated on the benefits of AI agents for companies, highlighting how it can help businesses to accomplish more.

One example that the tech giant gave was on handling shipping and returns. AI agents “can operate around the clock to review and approve customer returns or go over shipping invoices to help businesses avoid costly supply-chain errors.”

It also added that “they can reason over reams of product information to give field technicians step-by-step instructions or use context and memory to open and close tickets for an IT help desk.”

Jared Spataro, the chief marketing officer of Microsoft’s AI at Work, said that one must regard agents as “the new apps for an AI-powered world.”

He also emphasised that they are adding new capabilities that would be a solution to some of the biggest challenges that people face at work and thereafter provide real business results.

OpenAI’s recently announced 01 series can bring more advanced reasoning capabilities to agents, allowing them to take on more complicated tasks by breaking them down into steps such as getting the information of someone on an IT help desk would need to solve a problem, factoring in solutions they’ve tried and coming up with a plan.

Just last month, Microsoft made a pronouncement that it was preparing the world where “every organisation will have a constellation of agents — ranging from simple prompt-and-response to fully autonomous,” the Associated Press reported.

The annual Ignite conference of Microsoft caters to its huge business customers. Many users have started noticing the limitations of chatbots like ChatGPT, Gemini, and Copilot, which work by predicting the most plausible next word in sentences. This slowly ushered the shift towards agentic AI, which is said to work better in longer-range planning and decision making. This aspect allows these agents to control computers and perform tasks on behalf of humans.

Marc Benioff, the CEO of Salesforce, expressed doubt on the move of Microsoft, calling the re-branding of the giant’s Copilot into “agents” as “panic mode”. Benioff stated that Copilot was actually a “flop”, claiming that the assistant was inaccurate.

On the other hand, Ece Kamar, the managing director of Microsoft’s AI Frontiers Lab, put forward positive thoughts on agentic AI.

“If you want to have a system that can really solve real-world problems and help people, that system has to have a good understanding of the world we live in, and when something happens, that system has to perceive that change and take action accordingly,” he said.

(Source: International Business Times — By Anna Resuma — 20th November, 2024)

2. CULTURE | LIFE & STYLE

#A new research highlights how diet rich in processed foods may hasten biological aging

Research reveals that consuming ultra-processed foods may speed up the aging process at a cellular level

A study out of Italy has once again raised alarms about the health impacts of ultra-processed foods (UPFs). The research, published in The American Journal of Clinical Nutrition, links a diet rich in packaged snacks, sugary drinks, and other industrially processed products to accelerated biological aging.

Biological age, which reflects the condition of our cells and tissues, is distinct from chronological age — the number of years a person has been alive. While genetics play a role in how quickly we age, lifestyle habits such as diet and exercise can also have a significant impact. This new study shows that for middle-aged and elderly adults, consuming more than 14 per cent of daily calories from UPFs can make them biologically older than their actual age.

The research involved 22,500 participants from Italy who were asked to fill out detailed food questionnaires. Blood tests were also performed to measure 36 biomarkers, which helped researchers determine the participants’ biological age. The results were striking: those with higher consumption of UPFs showed signs of accelerated aging.

UPFs are not only nutritionally poor, often high in sugar, fat, and salt, but they also undergo extensive processing that strips away essential nutrients and fibre. “This intense processing alters the food matrix, which can harm metabolism and gut microbiota balance,” said Marialaura Bonaccio, a nutritional epidemiologist and study co-author. The gut microbiota, which refers to the balance of bacteria, viruses, and fungi in the digestive system, plays a crucial role in overall health, and disruptions to this balance can have far-reaching effects.

Bonaccio further explained that many UPFs are wrapped in plastic packaging, which may introduce additional toxic substances into the body. These substances, combined with the poor nutritional profile of UPFs, contribute to their harmful effects on the body over time.

The study, and others like it, serve as a timely reminder of the long-term health consequences of the modern food environment, where convenience often comes at the cost of well-being.

(Source: International Business Times — By Priya Walia — 7th November, 2024)

3. OTHER NEWS

#Cabinet approves PAN 2.0 Project worth ₹1,435 cr; PAN cards to soon have QR codes

The Cabinet Committee on Economic Affairs (CCEA), chaired by Prime Minister Narendra Modi, approved the PAN 2.0 Project for the Income Tax Department on Monday, with a financial outlay of ₹1,435 crore. This e-Governance initiative aims to upgrade the existing PAN/TAN system by re-engineering taxpayer registration services through technology improving the digital experience for taxpayers.

The Cabinet Committee on Economic Affairs (CCEA), chaired by Prime Minister Narendra Modi, approved the PAN 2.0 Project for the Income Tax Department on Monday, with a financial outlay of ₹1,435 crore.

The new project will provide a free-of-cost upgrade to the PAN Card with a QR Code, Union Information and Broadcasting Minister Ashwini Vaishnaw announced.

PAN 2.0 Project is an e-Governance project for re-engineering the business processes of taxpayer registration services through technology driven transformation of PAN / TAN services for enhanced digital experience of the taxpayers. This will be an upgrade of the current PAN / TAN 1.0 eco-system consolidating the core and non-core PAN / TAN activities as well as PAN validation service.

The entire PAN issuance and verification system will be overhauled, said Vaishnaw.

As per the central government, the PAN 2.0 Project enables technology driven transformation of Taxpayer registration services and has significant benefits including:

  • Ease of access and speedy service delivery with improved quality;
  • Single Source of Truth and data consistency
  • Eco-friendly processes and cost optimisation; and
  • Security and optimisation of infrastructure for greater agility.

The PAN 2.0 Project resonates with the vision of the Government enshrined in Digital India by enabling the use of PAN as Common Identifier for all digital systems of specified government agencies.

Vaishnaw said, there will be a unified portal, it will be completely “paperless and online.” The emphasis will be on the grievance redressal system, he added.

Do you need a new PAN?

No, you won’t need a new PAN. Your existing PAN will continue.

Will the new upgradation be free of cost?

Yes, all upgrades, including the addition of a QR code, will be provided at no cost.

What is PAN?

A PAN is an alphanumeric identifier consisting of ten characters, issued as a laminated card by the Income Tax Department. It is provided to any “person” upon application or allocated directly by the department without a formal request.

The Income Tax Department utilises PAN to monitor and connect all transactions associated with an individual. This includes various activities such as tax payments, TDS / TCS credits, income returns, specific transactions, and official communications. PAN serves as a unique identifier linking a “person” to the tax department.

The introduction of PAN has streamlined the connection of various documents and activities, including tax payments, assessments, demands and arrears. It enables quick information access and helps match details about investments, loans and business activities gathered from various internal and external sources. This system aids in identifying tax evasion whilst expanding the overall tax base.

(Source: ET Online — 25th November, 2024)

Letter to the Editor

The Editor,

BCAJ,

Mumbai

Dear Shri Mayur bhai,

Re: Interview with Shri Rajeev Thakkar

I read with great interest and expectations, your Interview with Shri Rajeev Thakkar, published in the October, 2024 issue of BCAJ, which was duly fulfilled very well.

Though I have been taking an interest in the Indian Equity Market for the last several decades as a pure long-term investor (scrupulously avoiding Trading and F&O activities), this wide-ranging and very comprehensive Interview was a very interesting read and acted as a very comprehensive Refresher Course dealing in depth all aspects of Equity Investments.

The questions raised by you and Shri Raman Jokhakar covered very vast ground including almost all aspects of Equity Investments and brought out all the nuances of the subject matter.

The Interview reflects very in-depth knowledge, experience, maturity and wisdom of Mr Thakkar distilled from great volatility in the Equity Markets over the past several decades.

On his part, Mr Thakkar didn’t avoid answering any questions and replied to all your questions comprehensively and explained all the finer points in great detail. His answers also reflect his comprehensive and vast in-depth knowledge, experience and understanding of very subtle nuances of investment in various other Financial Assets as well.

As an Investor, only knowledge and understanding of the Financial Statements is just not sufficient; one also needs to study the Annual Report as a whole, particularly the Directors’ Report, Chairperson’s Statement, Management’s Analysis, Cash Flow Statements, the Auditor’s Report and various Annexures thereto and the Notes & Qualifications to the Financial Statements.

Due to the enormous increase in various Disclosure and Reporting Requirements under the Companies Act, 2013 and as mandated by the Listing Agreement and those by various SEBI Regulations, the Annual Reports of various Large Corporations run into hundreds of closely printed pages, giving a treasure trove of information about the Corporation’s true Financial Status and Business Performance and Prospects.

Overall, it was a great Interview which will greatly benefit all long-term investors, as it also lays great emphasis on an adequate understanding of Macro-economic factors and Geo-Economics and Geo-political Developments as the Indian Economy is now very much integrated with the global economy and political decisions greatly impact all Economic and Monetary Policy Decisions of various Governments.

Please also convey my sincere thanks and compliments to both Shri Rajeev Thakkar and Shri Raman Jokhakar.

Yours Sincerely,

Tarunkumar Singhal

27th November, 2024

Statistically Speaking

  • HEALTHIEST COUNTRIES IN THE WORLD

  • RISE IN DIRECT TAX COLLECTIONS

  • WEALTH INEQUALITY IN THE WORLD

  • RISE OF ONLINE GAMING IN INDIA

  • FDI IN INDIA

Regulatory Referencer

I. DIRECT TAX: SPOTLIGHT

1. Extension of due date for filing return of income for the Assessment Year 2024–25 – Circular No. 13/2024 dated 26th October 2024

CBDT has extended the due date for filing the tax returns for Assessment year 2024-25, which was 31st October, 2024, to 15th November, 2024.

2. Condonation of delay under section 119(2)(b) of the Act for returns of income claiming deduction under section 8OP of the Act for Assessment Year 2023-24 – Circular No. 14/2024 dated 30th October, 2024.

CBDT had received applications from co-operative societies seeking condonation of delay for filing returns of income, citing delays in getting accounts audited under respective State Laws.

CBDT had issued a circular No. 13/2023 dated 26th July, 2023 to provide for a condonation process for tax returns filed of A.Y. 2022–23 to avoid genuine hardship to co-op societies claiming deduction under section 80P of the Act. CBDT has extended the applicability of the said circular for A.Y. 2023–24.

3. Fixing monetary limits for the income-tax authorities for reduction or waiver of interest paid or payable under section 220(2) of the Act – Circular No. 15/2024 dated 4th November, 2024

If a taxpayer fails to pay the amount specified in the notice of demand issued under section 156 of the Act, he is liable to pay interest under section 220(2) of the Act. CBDT has authorised various Income tax authorities to exercise power to waive or reduce interest subject to fulfillment of various conditions.

4. Condonation of delay under section 119(2)(b) of the Act, 1961 in filing of Form No. 9 A/10/ 10B /10BB for Assessment Year 2018–19 and subsequent assessment years – Circular No. 16/2024 dated 18th November, 2024
CBDT has authorised various Income tax authorities to exercise power to condone the delay in filing Form No. 9 A/10/ 10B /10BB subject to fulfillment of various conditions.

5. Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10-IC or Form No. 10-ID for Assessment Years 2020–21, 2021–22 and 2022–23- Circular No. 17/2024 dated 18th November 2024.

CBDT has authorised various Income tax authorities to exercise power to condone the delay in filing Form No. 10 IC/10ID subject to fulfillment of various conditions.

6. Establishing of tolerance range for transfer pricing of Assessment Year 2024–25 – Notification No. 116/2024 dated 18th October, 2024.

The tolerance range is relevant for international or specified domestic transactions. Pricing within the tolerance range is be deemed to be compliant with arm’s length standards.

The tolerance range is set at 1 per cent for transactions classified as “wholesale trading” and 3 per cent for all other transactions for A.Y. 2024–25. Certain conditions to be fulfilled to qualify a transaction as “wholesale trading,”

7. Forms 42, 43 and 44 to be furnished electronically and to be verified in a manner prescribed in Rule 131. – Notification No. 6/2024 dated 19th November, 2024.

II. COMPANIES ACT, 2013

1. Amendments to Adjudication of Penalties Rules; The MCA has notified the Companies (Adjudication of Penalties) Rules, 2014. An amendment has been made to the Rule relating to the Adjudication Platform. A new proviso has been inserted to Rule 3A(1), which states that the proceedings pending before the Adjudicating Officer or Regional Director on the date of such commencement must continue as per the provisions of these rules existing prior to such commencement. These norms are effective from 9th October, 2024. [Notification No. G.S.R 630(E); Dated 9th October, 2024]

III. SEBI

2. SEBI relaxes Listed Entities from dispatching hard copies of Annual Report for AGMs held till 30th September, 2025: Earlier, MCA vide Circular dated 19th September, 2024, had extended the relaxation from sending of physical copies of financial statements (including Board’s report, Auditor’s report etc.) to shareholders for the AGMs conducted till 30th September, 2025. Therefore, to bring it in line with MCA Circular, SEBI has decided to extend the relaxation to listed entities from sending a hard copy of the annual report for the AGMs conducted till 30th September, 2025. [Circular No. SEBI/HO/CFD/CFD-POD-2/P/CIR/2024/133, dated 3rd October, 2024]

SEBI extends timeline for Social Enterprises to make annual disclosures on Social Stock Exchange (SSE) up to 31st January, 2025: Earlier, SEBI, vide circular dated 27th May, 2024, had prescribed the timeline for submission of annual disclosures and annual impact reports by Social Enterprises on the Social Stock Exchange for FY 2023–24. Social Enterprises that have registered or raised funds via SSE were required to submit a report by 31st October, 2024, as per the relevant rules of the SEBI (LODR) Regulations, 2015. SEBI has now extended this timeline to 31st January, 2025. [Circular No. SEBI/HO/CFD/POD-1/P/CIR/2024/134, dated 7th October, 2024]

SEBI directs AIFs and their managers to exercise specific due diligence w.r.t investors and investments of AIF: SEBI has directed Alternative Investment Funds (AIFs) and their managers to exercise specific due diligence with respect to investors and investments to prevent circumvention of various laws and ensure compliance with regulatory frameworks. Under this, AIFs designated as Qualified Institutional Buyers (QIBs) or Qualified Buyers (QBs) must ensure that investors who are not eligible for QIB or QB status on their own do not avail of the respective benefits through the AIF. [Circular No. SEBI/HO/AFD/AFD-POD-1/P/CIR/2024/135, dated 8th October, 2024]

3. Unlisted subsidiaries of listed entities must identify ‘related party’ and ‘related party transaction’ as per LODR norms: A listed company sought SEBI’s informal guidance on whether unlisted subsidiaries must identify related parties as per Reg. 2(1) (zb) or other laws. SEBI has clarified that unlisted subsidiaries of listed entities must identify ‘related parties’ and ‘related party transactions’ as per LODR Regulations. Further, under Reg. 2(1)(zc), transactions between a subsidiary and its related party, or the holding listed entity’s related party, are considered ‘related party transactions’ under LODR Regulations. [Advisory dated 11th October, 2024].

4. SEBI extends timeline for compliance with provisions relating to direct pay-out of securities to client’s demat account: Earlier, SEBI, vide circular dated 5th June, 2024, mandated the pay-out of securities directly to the client’s demat account. The circular was to come into effect from 14th October, 2024. In order to ensure the smooth implementation of the pay-out of securities directly to the client’s demat account without any disruption to market players and investors, SEBI has now extended the timeline for implementation of the circular. The circular shall come into effect from 11th November, 2024. [Circular No. SEBI/HO/MIRSD/MIRSD-PoD1/P/CIR/2024/136; Dated 10th October, 2024]

5. All Market Infrastructure Institutions must disclose their shareholding pattern as per LODR Regulations: In order to ensure ease of compliance and effective monitoring of the provisions related to minimum public shareholding, other shareholding limits and fit and proper criteria, SEBI has decided that all Market Infrastructure Institutions (MIIs) shall disclose their shareholding pattern as per the requirements and formats specified for listed companies under LODR Regulations. Further, every MII shall appoint a ‘Designated Depository (DD)’ for the purpose of monitoring their shareholding limits. [Circular No. SEBI/HO/MRD/MRD-PoD-3/P/CIR/2024/139, dated 14th October, 2024]

6. SEBI introduces Liquidity Window to boost early redemption of debt securities: SEBI has introduced a Liquidity Window facility for debt securities, allowing issuers to offer put options for investor redemption prior to the maturity date. This framework, governed by Regulation 15 of the SEBI (NCS) Regulations, 2021, aims to enhance liquidity in the corporate bond market, especially for retail investors. The Liquidity Window facility can be provided only for prospective issuances of debt securities through public issue process or on a private placement basis. [Circular No. SEBI/HO/DDHS/DDHS-PoD-1/P/CIR/2024/141, dated 16th October, 2024]

7. SEBI allows 3-in-1 trading accounts for public issue of debt and other securities in addition to existing modes: SEBI has clarified that investors can continue using 3-in-1 accounts to apply online for public issues of debt securities, non-convertible redeemable preference shares, municipal debt securities and securitised debt instruments. This is in addition to the existing modes of making an application in the public issue of securities. A 3-in-1 trading account combines a savings account, a Demat account, and a trading account into a single integrated solution. [Circular No. SEBI/HO/DDHS/DDHS-POD-1/P/CIR/2024/142, dated 18th October, 2024]

8. Research reports by Research Analysts (RAs) are not advertisements unless promoting RA services: The SEBI, after receiving various queries with respect to applicability of provisions of advertisement code on a Research Report issued by an RA, has clarified that Research Report and research recommendations of an RA will not be considered advertisement unless anything contained in the research report is in the nature of promotion of products or services offered by an RA. [Circular No. SEBI/HO/MIRSD/MIRSD-POD1/P/CIR/2024/146, dated 24th October, 2024]

9. Stock brokers can upload the same mobile no. /email address for more than one client belonging to one family: Earlier, SEBI issued guidelines regarding SMS and email alerts to investors by stock exchanges. It states that stock brokers must ensure that a separate mobile number / email address is uploaded for each client. SEBI has now clarified that the stock broker may, at a client’s request, upload the same mobile number/email address for more than one client, provided the client belongs to one family or such client is an authorised person of an HUF, partnership, or trust. [Circular No. SEBI/HO/MIRSD/MIRSD-POD1/P/CIR/2024/XXX, dated 28th October, 2024]

IV. FEMA READY RECKONER

IFSC Authority notifies Code of Conduct for ‘recognised market infrastructure institution’: The International Financial Services Centres Authority has amended the International Financial Services Centres Authority (Market Infrastructure Institutions) Regulations, 2021 to notify the Code of Conduct for a ‘recognised market infrastructure institution’. There are detailed guidelines for governing board, directors, committee members and key management personnel – their compensation, the committees, the segregation of functions along with provisions on several other aspects. [Notification No. IFSCA/GN/2024/011 dated 29th October, 2024]

RBI includes 10-year Sovereign Green Bonds as eligible for non-resident investment under Fully Accessible Route: Certain specified categories of Central Government securities were opened fully for non-resident investors without any restrictions under the Fully Accessible Route introduced vide A.P. (DIR Series) Circular No. 25 dated 30th March, 2020. It has now been decided to also designate Sovereign Green Bonds of 10-year tenor issued by the Government in the second half of the fiscal year 2024–25 as ‘specified securities’ under the Fully Accessible Route. [Circular NO. FMRD.FMD.NO.06/14.01.006/2024-25 dated 7th November, 2024].

RBI amends FEMA Notification 10(R) to align it with the updated definition of ‘startup’: The Reserve Bank of India has notified Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) (Fourth Amendment) Regulations, 2024. The amended norms replace the definition of the startup with the revised definition of startups, which was issued by the Department for Promotion of Industry and Internal Trade in 2019. [FEM (Foreign Currency Accounts by a Person Resident in India) (Fourth Amendment) Regulations, 2024 dated 19th October, 2024]

RBI introduces Operational framework for classification of FPI to FDI: The investment made by a foreign portfolio investor along with its investor group (hereinafter referred to as ‘FPI’) shall be less than 10 per cent of the total paid-up equity capital on a fully diluted basis. FPIs investing in breach of the prescribed limit shall have the option of divesting their holdings or reclassifying such holdings as FDI. In this regard, an operational framework for such reclassification of foreign portfolio investment by FPI to FDI has been introduced by the RBI. [A.P. (DIR Series) Circular No. 19, dated 11th November, 2024]

AI, PI, and CHAI

Editor’s Note:

We all have some latent desire or passion in life, but we do not pursue it for fear of failure or a busy schedule. Years pass by in busy professional work and when we have time, we are short of energy and zeal to learn new things. Here is an inspiring story of our own professional brother pursuing his passion as he steps into his golden years

 

My 60-year-old heart has a very important life lesson to share – there are three romances that a person must necessarily enjoy in life. I am talking of the necessary romances; others are optional!

What are these three romances? The first romance starts when you start your career when you work for money. This romance is called Active Income (Ai). The second romance is when you realise that you must make money work for you. This romance is called Passive Income (Pi). Most of us are so satisfied with Ai and Pi, that we never experience the third romance. This romance is very elusive, as many of us are not even aware of its existence. The third romance is called Chai – Creating Happiness Abundance & Impact.

I am fortunate to be blessed with a team that manages my CA practice, and I get to work on select assignments. This has created a lot of time and space for trying something new in the golden years of my life to experience Chai.

We are a family of chartered accountants; both my sons are also qualified. There was always a surplus of left-brain thinking at home. Fortunately, both daughters-in-law are predominantly right-brained. This created a good balance at home, with the Home Minister overseeing everything!

In 2020, during lockdown, I was initiated into meditation. During my meditation sessions, I started visualising images of beautiful paintings. There was not much to do in that period when the world had come to a standstill. I started watching videos on YouTube of various artists deeply involved in their art. That sowed the seed in my mind to try my hand at painting. However, the doubting voice in my head was constantly warning me about the risk of failure. It said, “You are a successful professional. How would you feel if you tried your hand at art and you failed?” That fear held me back. In the meantime, the visualisation during the meditation sessions just went on increasing.

My elder son and daughter-in-law had migrated to Canada in 2019. My elder daughter-in-law, a qualified artist, kept persuading me to try my hand at painting. However, my fear was too strong. Then, in 2022, my younger daughter-in-law, a marketing professional, started painting at home as a hobby. That was a God-sent opportunity to witness art being created in front of my eyes. One day, she asked me to try my hand at a painting. I applied a few strokes of oil paint on the canvas, and I started enjoying the process. However, my journey took a pause here. I needed a master by my side if I had to progress. Destiny had different plans. A dear friend once visited my office and saw the painting. I was facing some challenges in my personal life, and I was speaking to my friend about the same to get his suggestions. He urged me to start painting and bring out the energy that was suppressed inside me. He wanted me to express myself through art. Coincidently, we had just renovated our office, and I wanted a series of 7 paintings in a rainbow theme for the office. My friend immediately called my daughter-in-law and suggested to her that she must help me to express myself. This was the serendipitous moment that finally gave me the courage to take the plunge.

We have an art shop just down the lane where I live. I wasted no time in going there and buying all the supplies in one go. One fine evening, on returning from office, the shubh muhurat happened. With a few helpful tips from my daughter-in-law, I finally started painting on my own. My better half appreciated my efforts as she witnessed me giving birth to my first work of art. That was also the tonic that I needed. Everyone felt that it was a very decent effort, being my first work. After that, there was no looking back. I completed 5 paintings over the weekend! Next week, I completed my mission of 7 paintings. I churned out 9 paintings in 2 weeks. The 2 additional paintings were wide balls – they were good creations, but they did not match with the desired rainbow theme.

I experienced something very special in my tryst with art, and I would love to share the feelings as these are such valuable life lessons. I hope this will be helpful to all. Here I go:

  •  It is very important to have some source of Chai in your life. Each one of us will find Chai in different avenues. However, we must give it priority. Don’t be satisfied with just Ai and Pi.
  •  I started very hesitatingly; the fear inside me was still trying to stop me. However, the motivation and the encouragement helped me find my flow. Surround yourself with people who can encourage you.
  •  Once I found my flow, I practiced a lot, and within 10 days, I could see a substantial improvement in my skills. If you don’t try, you will never find out. Better have the regret of doing something rather than having the regret of not doing something.
  •  We all have some latent potential that we fail to nurture. We must give it a chance. Formal training is good, but not essential. You can learn by watching others in action and also on YouTube, etc.
  •  Being successful in one field sometimes creates barriers for us to try our hand at other things in life. We want to start at the same level of expertise in the new field. That fear of failure and criticism stops one from even trying.
  •  I realised that painting is deeply therapeutic. You are in a state of flow. You are just not there. When you are not there, then there is God! My elder daughter-in-law has qualified as an Art Therapist. I got an opportunity to experience the therapeutic qualities of art firsthand.
  •  While creating any work of art, you cannot plan everything. You have to act in the moment. Suddenly, you see some magical situation developing, and you do something totally different from what you had originally planned. Mindfulness is very important.
  •  I realised that one cannot make certain things happen. One needs to let go and accept the results as they unfold. Many things can happen without your intent.
  •  Art is not about achieving perfection. In fact, imperfections add to the beauty of a work of art. I learned to accept imperfections.
  •  Sometimes, a few things can happen effortlessly. At times, it becomes very challenging. You must persevere to get the right results.
  •  Learning is such a beautiful feeling. You learn from your mistakes. You learn from your achievements. I learned many things about life while pursuing my passion. When you keep learning, your brain is in a different state. Learning is a good anti-aging therapy.
  •  The painting possesses your mind until it is complete. It is a true passion. There might be no obvious purpose for these endeavors. However, they add life to your years! I have progressed from an emotional state to a philosophical state to a very spiritual state, where painting is like meditation for me. It connects me to my soul.

I wish and pray that everyone reading this article will be motivated to follow some passion that will nurture their soul and allow them to express themselves.

Today, give it a try — at least start with a cutting Chai. Majja aayega!

Learning Events at BCAS

1. Non-Profit Organisation Conclave held on 9th October, 2024, Venue: Walchand Hirachand Hall IMC, Churchgate.

This event was s organised by the Finance, Corporate, and Allied Laws Committee along with the Internal Audit Committee of the Bombay Chartered Accountants’ Society (BCAS) jointly with The Chamber of Tax Consultants and supported by the Rotary Club, which was attended by approximately 125 participants.

The Conclave encompassed a series of interactive sessions that provided a comprehensive view of managing and administering a Non-Profit Organization. A brief summary of the sessions is as under.

Topic Session Summary Faculty
Keynote Discussion Enlightening discussion focusing on Mr. Rajiv Mehta’s journey as an inspiring trustee spearheading multiple charitable projects and simultaneous impact generated for charitable purposes. Mr. Rajiv Mehta

( Managing Trustee, Ratna Nidhi Charitable Trust )

in conversation with

CA Shariq Contractor

 

Corporate Social Responsibility – A practical guide Informative lecture on the rules and practices affecting the Corporate Social Responsibility sector Ms. Savitri Parekh

(Company Secretary, Reliance Industries Ltd.)

Panel 1: Sharing Best Practices A thought-provoking discussion connecting professionals from diverse NPO backgrounds to share their views and experiences. Panelist 1: Mr. F.N. Subedar

(Trustee, Lady Meherbai D. Tata Education Trust)

Panellist 2: DG Chetan Desai

(Governor, Rotary District 3141)

Panellist 3: Mr. Satyajit Bhatkal

(Chief Executive Officer, Paani Foundation)

————————————————

Moderator: CA Naushad Panjwani

Compliances for NPOs under myriad laws Instructive session highlighting the multiple compliances and relevant issues faced by an NPO. CA Dr. Gautam Shah
Practical Challenges affecting our FCRA Registrations  An illuminating talk that provided a knowledgeable insight into the nuances of FCRA Laws. CA Anjani Sharma
Panel 2: The Change in Laws and how Internal Audit can step in to A contemporary session highlighting the need and importance of introducing Internal Audit Panelist 1: Mr. Noshir Dadrawalla

(Trustee, Centre of Advancement of Philanthropy)

meet up with the compliances into the regulatory purview of NPOs. Panelist 2: Mr. Anil Nair

(CEO & ED, St Jude India Child Care Centers)

 

Panelist 3: CA Atul Shah

————————————————

Moderator: CA Nandita Parekh

Critical Issues relating to Income Tax Laws affecting NPOs A descriptive lecture providing issues faced by NPOs under Income Tax Laws CA Anil Sathe

2. Student Study Circle on Transfer Pricing Audit from an Article’s Perspective held on 7th October, 2024, via Zoom.

The Human Resource Development Committee of BCAS organized a Students’ Study Circle on “Transfer Pricing Audit from an Article’s Perspective” on Monday, 7th October, 2024. The session was led by Mr Heet Jain, a CA Final student, who delivered a comprehensive presentation on the fundamentals and key regulations governing Transfer Pricing in India. His presentation covered a wide range of topics, including essential definitions, various transfer pricing methods, and an overview of the audit processes and their approach. He also shared practical experiences to help beginner article students navigate the complexities of Transfer Pricing Audits.

CA Niraj Chheda, the mentor for the session, provided valuable insights and guidance throughout, offering expert interventions as needed. The study circle saw active participation from students across India.

50 participants attended the discussion, and it was well received.

YouTube Link: https://www.youtube.com/watch?v=-IkvILZgRmY&t=2s

3. Seminar on ‘The New Criminal Laws — Experts’ Overview’ held on 27th September, 2024, Venue: Runanubandha Hall, Yashwantrao Chavan Centre, Mumbai.

The Finance, Corporate and Allied Laws Committee of BCAS organised a seminar titled “The New Criminal Laws — Experts’ Overview”, which was attended by approximately 50 participants.

The event featured an in-depth discussion of three recently introduced legislations: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). Senior Counsel Adv. Amit Desai presented a comprehensive analysis, focusing on the implications of the new provisions on the criminal justice system and advocating for a balanced approach.

Adv. Ekta Tyagi and Adv. Vikrant Negi followed with a legal overview of these laws that addressed various procedural aspects like filing police complaints, evidence scrutiny, etc. They emphasized the need for clarity to safeguard victims’ rights while maintaining the integrity of law enforcement. The seminar concluded with a discussion between Adv Anand Desai and Shri D. Sivanandhan, former Police Commissioner of Mumbai, exploring the relationship between legal reforms and effective policing. They underscored the importance of collaboration and adequate training in implementing these laws successfully. Overall, the seminar provided a crucial platform for understanding the complexities of the BNS, BNSS, and BSA and the collaborative efforts necessary for their effective application.

4. Indirect Tax Laws Study Circle Meeting was held on 27th September 2024 via Zoom.

Group leader, CA Tanvi Gupta, in consultation with Group Mentor, Adv Harsh Shah, prepared 5 case studies covering various contentious issues around block credits under GST [excluding clauses (c) & (d) of Section 17(5)], which was attended by approximately 70 participants.

The presentation covered a detailed discussion on the following aspects:

i. Availability of ITC on motor vehicles under various scenarios.

ii. Availability of ITC on employee welfare expenses.

iii. ITC eligibility of sales promotion expenses.

iv. Availability of ITC on CSR spending is over and above the mandatory 2% as per the Companies Act, 2013.

v. Availability of ITC on RCM payments/payments made pursuant to investigation/adjudication proceedings u/s 74 of CGST Act

vi. Availability of ITC on payments to be made u/s 74A of CGST Act, especially for fraud cases.

vii. Reversal of ITC on account of normal loss, abnormal loss, goods lost in transit, goods written off, etc.

5. International Economics Study Group — Economic & Security challenges to India from recent Geopolitical events held on 11th September, 2024 Via Zoom.

Group Leader CA Harshad Shah discussed about India’s strategic and economic landscape being reshaped by recent geopolitical developments in its neighborhood, such as instability in Bangladesh, marked by political strife and the rise of Islamist factions which potentially threatens India’s security, particularly in West Bengal & Assam.

He also touched upon escalating tensions between Iran & Israel, which complicate India’s foreign policy due to its energy ties with Iran and growing defense cooperation with Israel, which could disrupt India’s energy security and challenge its diplomatic balance in the Middle East. Further, the Ukraine-Russia war has impacted India by disrupting global supply chains, affecting key imports like oil & fertilizers. Additionally, the outcome of the U.S. elections could significantly affect India’s economic and security landscape, with potential shifts in U.S. foreign policy, Indo-Pacific strategy, trade relations, visa and immigration policy, and technology partnerships adding uncertainty to India-U.S. ties.

6. Webinar on Tax Audit was held on 9th September, 2024 via Zoom.

The Direct Tax Committee of the BCAS organized a webinar on recent changes relating to Tax Audits causing immense confusion in reporting to address the various nuances, including a —practical way to handle clauses 21, 22, 34, and 44 of Form 3CD. Approximately 250 participants attended this webinar.

In the first session, Adv Krupa Gandhi addressed the issue of expenditure incurred to provide any benefit or perquisite. She gave lucid examples of freebies given by Pharma companies, differentiated between Club expenses incurred for personal purposes and expenditures at Belvedere Club/ Taj Club, etc. She clarified the provisions relating to expenditure incurred for any offence or purpose which is prohibited by law or penalty or fine for violation of any law and compounding.

In the second session, CA Yogesh Amal explained major issues with respect to the bifurcation of expenditure as per GST — Expenditure relating to goods or services exempt from GST, entities falling under the composition scheme, etc. He also touched upon the various clauses of Form 3CD and explained the applicability of Form 3CA-3CB. He shared practical insights on a few issues faced by the participants and also replied to various queries raised by the participants, clearing doubts on section 40A(7), GST, Offence, penalties, MSME, and MRL.

7. Webinar on Computation of Total Income of Charitable Trusts and Filing of ITR 7 held on 21st August 2024 via Zoom.

The The Taxation Committee of Bombay Chartered Accountants’ Society, jointly with the IMC Chamber of Commerce & Industry, organised a Webinar on the Computation of Total Income of Charitable Trusts and Filing of ITR-7, which approximately 380 participants attended.

CA Gautam Nayak began the session by outlining the key provisions governing the computation of total income for charitable trusts and institutions. He highlighted the importance of understanding the exemption under Sections 11 and 12 of the Income Tax Act, which apply to charitable and religious trusts. He discussed the specific conditions that must be met for these exemptions to be valid, such as proper utilization of funds and the maintenance of books of accounts. He also touched upon recent amendments and clarifications issued by the CBDT, stressing the need for charitable trusts to remain compliant with evolving tax laws to avoid penalties or disqualification from availing exemptions.

Following this, CA Ashok Mehta gave a comprehensive overview of ITR 7, the income tax return form used by charitable trusts and other institutions. He explained the step-by-step process involved in filing the form and highlighted common challenges faced by trustees and chartered accountants in the process. He emphasized that it is crucial to ensure accuracy in reporting sources of income, application of funds, and other statutory details to avoid complications and also discussed several nuances, such as the reporting of exempt income, donations, and the requirement for filing audited financial statements.

The webinar provided attendees with an in-depth understanding of the intricacies involved in the computation of income and the filing of tax returns for charitable institutions and underscored the importance of compliance to maintain the trust’s exemption status.

YouTube Link: https://www.youtube.com/watch?v=Ahe3ZcciOAw

 

Miscellanea

1. TECHNOLOGY

#Google turns to nuclear to power AI data centres

Google has signed a deal to use small nuclear reactors to generate the vast amounts of energy needed to power its artificial intelligence (AI) data centres. The company says the agreement with Kairos Power will see it start using the first reactor this decade and bring more online by 2035.

The companies did not give any details about the deal’s value or where the plants would be built. Technology firms are increasingly turning to nuclear energy sources to supply the electricity used by the huge data centres that drive AI.

“The grid needs new electricity sources to support AI technologies,” said Michael Terrell, senior director for energy and climate at Google. “This agreement helps accelerate a new technology to meet energy needs cleanly and reliably, and unlock the full potential of AI for everyone.”

The deal with Google “is important to accelerate the commercialisation of advanced nuclear energy by demonstrating the technical and market viability of a solution critical to decarbonising power grids,” said Kairos executive Jeff Olson.

The plans still have to be approved by the US Nuclear Regulatory Commission as well as local agencies before they are allowed to proceed. Last year, US regulators gave California-based Kairos Power the first permit in 50 years to build a new type of nuclear reactor.

In July, the company started construction of a demonstration reactor in Tennessee. The start-up specialises in the development of smaller reactors that use molten fluoride salt as a coolant instead of water, which is used by traditional nuclear plants.

Nuclear power, which is virtually carbon-free and provides electricity 24 hours a day, has become increasingly attractive to the tech industry as it attempts to cut emissions even as it uses more energy. In March, Amazon said it would buy a nuclear-powered data centre in the State of Pennsylvania.

(Source: bbc.com dated 15th October, 2024)

#Influencers risking death in hurricanes for clicks and cash

While millions of people in Florida fled Hurricane Milton, Mike Smalls Jr ventured into the violent winds in Tampa, Florida, holding a blow-up mattress, an umbrella and a pack of ramen noodles.

He went outside Wednesday evening as the storm pounded the US state and live-streamed on the platform Kick. He told his online audience if he reached 10,000 views, he would launch himself and his mattress into the water.

Once he hit the threshold, he took the plunge. Then he got worried: “The wind started picking up and I don’t know how to swim…so I had to grab onto the tree.”

The area was under an evacuation order, meaning residents had been advised by local officials to leave their homes, for their safety.

Mike’s hour-long stream from Tampa Bay has more than 60,000 views on the streaming platform Kick and has been seen by millions after being clipped up and posted on other social media platforms, including X.

Live streaming — filming yourself in real-time — has become increasingly lucrative for content creators looking to make quick money. But these streams can involve dangerous stunts, as content creators try to stand out in an increasingly competitive environment.

Many people have criticised Mike’s behaviour on social media, suggesting he’s risking his life for clicks. He made it safely — and told me he’d do the risky stunt again, “if the price is right”.

When asked about the backlash, he admits what he did was “controversial” and acknowledges that some might think he is risking not just his life, but the lives of those who might have to save him. But, he added: “From a content creator standpoint, people like to see kind of edgy things.”

The Tampa Police Department said in a statement: “Ignoring mandatory evacuation orders puts lives at risk. When individuals disregard these warnings, they not only jeopardise their own safety but also create additional challenges for first responders who are working tirelessly to save lives.”

“Intentionally placing oneself in harm’s way could divert critical resources and delay vital rescue operations for others.” Hundreds of people have died during this year’s hurricane season, which has devastated parts of the US south-eastern coast.

(Source: bbc.com dated 10th October, 2024)

2. ENVIRONMENT

#Earth ‘vital signs’ reach critical extremes, climate experts warn of unpredictable future

Earth’s vital signs have reached critical levels, warns a 2023 report from Bioscience. Of the 35 key indicators studied, 25 have declined drastically, including CO2 levels and population growth, with record-high temperatures and extreme weather events.

A new report from leading climate scientists has issued a new warning that Earth’s ‘vital signs’ have reached ‘critical levels,’ with the ‘the future of humanity’ hanging on a delicate rope. This comes from a 2023 assessment published in the journal Bioscience, which analysed 35 key indicators of planetary health and found that 25 have already declined by record levels, including rising carbon dioxide levels and rapid population growth.

According to the scientists, the world is entering a new, unknown territory of a ‘critical and unpredictable new phase of the climate crisis.’ The scientists call for immediate transformative measures to combat the climate crisis and emphasise on restoring the ecosystem

Earth’s temperature hits record highs

Driven by record fossil fuel consumption, Earth’s surface and ocean temperatures reached all-time highs in 2023. The report reveals that the global population is increasing by approximately 2,00,000 people each day, along with 1,70,000 new cattle and sheep.

These trends are contributing to record greenhouse gas emissions, further intensifying global warming. The scientists identified 28 feedback loops, such as emissions from thawing permafrost, which could trigger catastrophic tipping points, including the collapse of Greenland’s icecap.

Extreme weather events and rising heat

Global warming is accelerating extreme weather events across the world. Hurricanes in the U.S. and heatwaves exceeding 50°C in India are exposing billions of people to dangerous levels of heat. The experts emphasise that without rapid, decisive action, the human toll will be catastrophic.

“We’re already in the midst of abrupt climate upheaval,” said Professor William Ripple from Oregon State University, who co-led the report. “Ecological overshoot — taking more than the Earth can sustain — has pushed the planet into dangerous conditions, unlike anything humans have ever witnessed.”

Climate change and societal instability

Climate change is already displacing millions of people, and the report suggests that hundreds of millions or even billions could be forced to migrate in the future. Such displacement could lead to geopolitical instability, and in the worst case, partial societal collapse.

The report also notes that the concentration of carbon dioxide and methane, a potent greenhouse gas, has reached record levels. Methane is 80 times more powerful than CO2 over a 20-year period and is emitted by fossil fuel operations, waste dumps, cattle, and rice fields. The accelerating growth of methane emissions is particularly concerning, according to co-author Dr Christopher Wolf.

Resistance to change and the role of renewables

Despite a 15 per cent increase in wind and solar energy use in 2023, coal, oil and gas remain the dominant sources of energy. The report attributes this to the strong resistance from industries that benefit financially from the fossil fuel-based system.

The report also referenced a Guardian survey of hundreds of climate experts conducted in May 2023. The survey found that only 6 per cent believe the world will keep global warming below the internationally agreed limit of 1.5°C. The researchers stress that avoiding even the smallest increases in temperature is crucial, as each tenth of a degree of warming could expose an additional 100 million people to unprecedented heat.

A broader ecological crisis

The climate crisis, the report argues, is part of a larger ecological and social breakdown, driven by pollution, the destruction of nature and rising inequality. The scientists emphasise that climate change is a symptom of deeper systemic issues, namely ecological overshoot — where humanity is consuming resources faster than the Earth can replenish them. Without transformative changes, these systemic issues could lead to widespread human suffering and the degradation of ecosystems across the planet.

Urgent action needed

The scientists call for bold, transformative changes to combat the climate crisis. Among the policies they recommend are reducing the human population through education and empowerment for girls and women, restoring ecosystems and integrating climate change education into global school curriculums. As nations prepare for the UN’s COP29 climate summit in Azerbaijan in November, the report concludes with a final warning: only through decisive action can we avert severe human suffering and protect future generations

(Source: timesofindia.com dated 11th October, 2024)

#UN Report Says 1.1 Billion People in Acute Poverty

More than one billion people are living in acute poverty across the globe, a UN Development Program report said Thursday, with children accounting for over half of those affected.

The paper published with the Oxford Poverty and Human Development Initiative (OPHI) highlighted that poverty rates were three times higher in countries at war, as 2023 saw the most conflicts around the world since the Second World War.

The UNDP and the OPHI have published their Multidimensional Poverty Index annually since 2010, harvesting data from 112 countries with a combined population of 6.3 billion people. It uses indicators such as a lack of adequate housing, sanitation, electricity, cooking fuel, nutrition and school attendance.

“The 2024 MPI paints a sobering picture: 1.1 billion people endure multidimensional poverty, of which 455 million live in the shadow of conflict,” said Yanchun Zhang, chief statistician at the UNDP.

The report echoed last year’s findings that 1.1 billion out of 6.1 billion people across 110 countries were facing extreme multidimensional poverty. Some 584 million people under 18 were experiencing extreme poverty, accounting for 27.9 per cent of children worldwide, compared with 13.5 per cent of adults.

It also showed that 83.2 per cent of the world’s poorest people live in Sub-Saharan Africa and South Asia. Sabina Alkire, director of the OPHI, told AFP that conflicts were hindering efforts for poverty reduction.

“At some level, these findings are intuitive. But what shocked us was the sheer magnitude of people who are struggling to live a decent life and at the same time fearing for their safety — 455 million,” she said.

“This points to a stark but unavoidable challenge to the international community to both zero in on poverty reduction and foster peace, so that any ensuing peace actually endures,” Alkire added.

India was the country with the largest number of people in extreme poverty, which impacts 234 million of its 1.4 billion population. It was followed by Pakistan, Ethiopia, Nigeria and the Democratic Republic of the Congo. The five countries accounted for nearly half of the 1.1 billion poor people.

(Source: NDTV.com dated 10th October, 2024

Hanuman’s Intelligence

In Indian scriptures, Shri Hanuman is depicted as swift as the mind, extraordinarily intelligent, and mighty beyond measure. It is said that when He was a child, He was blessed by the leading gods, making him immortal. However, there was a catch—He could only use His immense power, only if reminded of it by someone else. Like how Jambavan reminded Hanuman of his extraordinary strength and powers which otherwise He had forgotten.

This story isn’t about a religion, but rather about Hanuman’s remarkable intelligence and wit.

In Pune, there are temples where the deities have some rather strange titles. Take, for instance, “Khunya Muralidhar” (meaning “Murderer Krishna”) or the even more peculiar “Bhikardas Maruti.” The word “Bhikardas” is intriguing —”Bhikar” means a beggar, and “das” means a servant or attendant. So, essentially, Hanuman, the “Bhikardas“, is seen as a servant of a beggar. How odd! But is it really?

Think about it. Lord Ram was exiled for 14 years. He was penniless, poorly dressed, and deprived of his kingdom. In a way, he resembled a beggar. Yet, Hanuman recognized his divinity and devoted himself to Ram without hesitation. Now, an ordinary person today might look for a well-established employer — maybe a reputable corporate job with a fancy title. But Hanuman saw past all that, serving Ram out of pure love and wisdom.

When Hanuman first met Ram and Lakshman, he appeared in disguise as a simple villager. Ram, noticing Hanuman’s impeccable grammar and clear pronunciation, turned to Lakshman and said, “Although this Brahmin seems to be from a rural place, he speaks like a learned scholar.” Little did they know this “villager” would soon become Ram’s greatest devotee.

Later, Hanuman took on a gigantic form and carried both Ram and Lakshman on his shoulders. After the victory over Ravana, Ram, curious, asked Hanuman, “Why did you carry us on your shoulders when you could have easily held us in your arms?”

Hanuman smiled and replied, “When you hold a child in your arms, you are responsible for keeping them secure. But when the child sits on your shoulder, the child holds onto you, making it their responsibility to stay balanced. It wasn’t me carrying you—it was you holding onto me, Lord.”

This is where Hanuman’s intelligence truly shines. In our ancient scriptures, employees are categorized into three grades:

Grade I: Those who obey and go beyond, benefiting their employer.

Grade II: Those who simply execute orders.

Grade III: The disobedient, who neither obeys nor benefits the employer.

Hanuman was a Grade I employee — he not only  located Sita but also intimidated Ravana by damaging Ashokavana and saying, “I am just a mere servant of Ram. Imagine what will happen when you face Ram himself!”

Regulatory Referencer

I. DIRECT TAX : SPOTLIGHT

1. Extension of time lines for filing of various reports of audit for the Assessment Year 2024-25 – Circular No. 10/2024 dated 29th September, 2024

CBDT has extended the date of furnishing of report of audit under any provision of the Act for the Previous Year 2023-24, which was 30th September, 2024 to 7th October, 2024.

2. Order authorizing Income-tax authorities to admit an application or claim for refund and carry forward of loss and set off thereof under section 119(2)(b) of the Income-tax Act — Circular No. 11/2024 dated 1 October 2024

The circular provides detailed guidelines, authorizing different authorities to accept or reject such claims based on monetary limits involved.

3. Guidance Note 1/2024 on provisions of the Direct Tax Vivad se Vishwas Scheme, 2024 — Circular No. 12/2024 dated 15th October, 2024

CBDT has issued FAQ to clarify various issues relating to Vivad se Vishwas Scheme, 2024.

4. Vivad se Vishwas Rules, 2024 notified – Notification No. 104/2024 dated 20th September, 2024

5. Procedure for making declaration and furnishing undertaking in Form-1 under Rule 4 of The Direct Tax Vivad Se Vishwas Rules, 2024. — Notification No. 4/2024 dated 30 September 2024

6. Rule 21AA, Rule 26B, Form 16 and Form 24Q amended. Form 12BAA introduced – Income-tax (Eighth Amendment) Rules, 2024 — Notification No. 112/ 2024 dated 15th October, 2024

Rule 26B now permits assessees to provide details of income from sources other than salaries and any tax deducted or collected at source during the financial year using a newly introduced Form No. 12BAA. Form No. 16 and Form No. 24Q have been updated to include adjustments for tax deducted or collected as per Form No. 12BAA.

II. COMPANIES ACT, 2013

1.Merger rules amended; norms prescribed for cross-border deals between foreign holding company and Indian WOS: Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2024 are amended. A new sub-rule has been inserted into Rule 25A, regarding merger or amalgamation of a foreign company with an Indian company and vice versa. Where transferor foreign company incorporated outside India, is a holding company, and transferee Indian company, is a wholly-owned subsidiary company incorporated in India, enter into a merger or amalgamation, both companies must obtain prior approval of the RBI [Notification No. G.S.R 555(E), dated 9th September, 2024]

2. MCA includes legal heir certificate as proof to register transmission of securities up to ₹5,00,000: MCA has notified the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2024. An amendment has been made to Schedule II. As per amended norms, a legal heir certificate issued by a revenue authority, not below the rank of Tahsildar, having jurisdiction is included as an additional document to register transmission of securities valued up to ₹5,00,000 per issuer company. These rules shall be effective from 9th September, 2024. [Notification No. G.S.R 552(E), dated 9th September, 2024]

3. Companies can hold AGMs through VC/OAVM till 30th September 2025; In continuation to this General Circulars dated 5th May, 2020, 5th May, 2022, 28th December, 2022 and 25th September, 2023, after due examination, MCA has now decided to allow companies whose AGMs are due in the Year 2024 or 2025, to conduct their AGMs through VC or OAVM on or before 30th September, 2025. Also, Ministry clarified that General Circular shall not be construed as conferring any extension of statutory time for holding of AGMs by the companies under the Companies Act, 2013. [General Circular No. 09/2024, dated 19th September, 2024]

4. MCA amends Prospectus and Allotment Rules; MCA has notified the Companies (Prospectus and Allotment of Securities) Amendment Rules, 2024. An amendment has been made to Rule 9B(2), which states that a private company, which is not a small company as of the financial year ending on or after 31st March , 2023, must dematerialise its securities within 18 months of closure of the financial year A new proviso has been inserted to Rule 9B(2), stating that a producer company must comply with dematerialisation provisions within a period of 5 years from closure of such financial year. [Notification No. G.S.R 583(E), dated 20th September, 2024]

5. Due date for filing Form CSR-2 for FY 2023–24 is 31st December, 2024 post filing of Form AOC-4: MCA has amended the Companies (Accounts) Rules, 2014. A proviso has been inserted after the third proviso to Rule 12(IB), providing that for the financial year 2023–2024, companies are required to file Form CSR-2 separately by 31st December, 2024. This filing must follow the submission of Form AOC-4, Form AOC-4-NBFC (Ind AS), or Form AOC-4 XBRL as applicable, based on the Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Rules, 2015, as the case may be. [Notification No. G.S.R. 587(E), dated 24th September, 2024]

III. SEBI

6. SEBI allows securities funded by cash collateral to be considered as maintenance margin for Margin Trading Facility: SEBI has allowed securities funded by cash collateral to be considered as maintenance margin for Margin Trading Facility (MTF) to promote ease of doing business. This move helps to ease the burden of providing additional collateral towards the maintenance margin for the margin trading facility. This change comes after SEBI received requests from market participants through the Industry Standards Forum to relax margin trading requirements. The circular shall come into effect from 1st October, 2024. [Circular No. SEBI/HO/MRD/MRD-POD-2/P/CIR/2024/118, dated 11th September, 2024].

7. SEBI speeds up bonus-issue process; As apart of its continuing endeavour to streamline the process of issuing bonus equity shares, SEBI has decided to reduce the time taken for the credit of bonus shares and the trading of such shares from the record date of the bonus issue. The issuer, while fixing and intimating the record date (T day) to the stock exchange, shall also take on record the deemed date of allotment on the next working day after the record date. Further, shares will now be available for trading on a T+2 day. [Circular No. CIR/CFD/POD/2024/122, dated 16th September, 2024]

8. SEBI amends NCS norms, reduces draft offer document review period to 5 days: SEBI has notified the SEBI (Issue and Listing of Non-Convertible Securities) (Second Amendment) Regulations, 2024. An amendment has been made to Regulation 27 relating to ‘filing of draft offer document’. As per the amended norms, the draft offer document filed with stock exchange must now be made public by posting on the website of stock exchanges for seeking public comments for a period of 5 working days from date of filing draft offer document. Earlier, the period was 7 working days. [Notification No. SEBI/LAD-NRO/GN/2024/205, dated 17th September, 2024].

9. SEBI modifies framework for valuation of investment portfolio of AIFs: SEBI has modified the framework for the valuation of investment portfolios of Alternative Investment Funds (AIFs). Under this framework, securities other than unlisted, non-traded, or thinly traded securities will now be valued in accordance with mutual fund Regulations. This change comes after SEBI received feedback from the AIF industry, which highlighted issues with certain aspects of the valuation framework for AIFs. The circular shall be effective immediately. [Circular No. SEBI/HO/AFD/POD-1/P/CIR/2024/123, dated 19th September, 2024].

IV. FEMA

RBI mandates AD Banks to exercise diligence for overseas guarantees availed by residents

The RBI has issued a circular directing AD Category-I banks may ensure that guarantee contracts advised by them to, or on behalf of, their resident constituents are in accordance with the FEMA regulations. This is on account of RBI coming across instances of guarantees, including Standby Letters of Credit [SBLCs] and/or performance guarantees, which are issued by persons resident outside India, favouring persons resident in India, which are not permitted as per the present FEMA regulations. [A.P. (DIR SERIES 2024-25) Circular No. 18, dated 4th October, 2024]

IFSCA amends IFSC Insurance Office Regulations

IFSCA has notified the Investment by International Financial Services Centre Insurance Office (Amendment) Regulations, 2024. Regulation 5(9) has been amended and new regulations 9A and 9B have been inserted. Regulation 9A relates to investment that can be made by an IFSC Insurance Office (IIO) for funds of certain Unit Linked Insurance Products. Regulation 9B regulates IIO’s investment in Domestic Tariff Area of its retained premiums and states that ‘Admissible pattern of investment’, which also provides for a Matrix, needs to be adhered to. [Notification No. IFSCA/GN/2024/008 dated 14th October, 2024].

IFSCA notifies ‘Payment and Settlement Systems Regulations’

The IFSCA has notified the IFSCA (Payment and Settlement Systems) Regulations, 2024. The regulations lay down the process of application for authorisation; grant of authorisation certificate; etc. It also provides for compliance with prescribed and to be prescribed Principles and Standards; as also for submission of returns and documents; etc; for every person carrying on a Payment System in IFSC. [Notification No. IFSCA/GN/2024/009 dated 14th October, 2024]

IFSCA amends Re-Insurance Business Regulations

The IFSCA has amended the IFSCA (Registration of Insurance Business) Regulations, 2021 and omitted certain forms in the First and Fourth Schedule and replaced with Forms as would be as prescribed by the IFSCA. Further, the applicant under Regulation 10 must now opt for category as per Regulation 5(2)(A) of the IRDAI (Re-insurance) Regulations, 2018. [Notification no. IFSCA/GN/2024/010 dated 14th October, 2024]

Learning Events at BCAS

1. Workshop on Public Speaking for Professionals: Strategies to Enhance Your Career and Influence held on 31st August, 2024, Venue: BCAS

The HRD Committee of the Bombay Chartered Accountants’ Society organised an engaging workshop conducted by faculty CA Hrudyesh Pankhania.

The workshop focused on effective communication techniques, providing practical strategies for enhancing career growth and professional influence through public speaking. It featured a range of interactive activities, including impromptu speaking exercises, role-playing, and group discussions, fostering a lively and engaging learning environment. A total of 54 participants attended the workshop, and they had the opportunity to practice their speaking skills in a supportive setting, receiving personalised feedback from the speaker.

The interactive format encouraged participants to share their experiences, helping to build confidence and improve their public speaking abilities.

2. Direct Tax Laws’ Study Circle meeting on the topic of Capital Gains Amendments in Finance (No.2) Act, 2024, held on 29th August, 2024. Venue: Zoom Platform.

Group Leader — CA Krishna Upadhya provided insights into the recent significant changes impacting the capital gains tax structure and related provisions by the Finance (No.2) Act, 2024. The discussion was attended by 54 members, and it was well received. Some key takeaways were:

  • Period of holding for various capital assets, such as listed/unlisted securities, immovable property, and debentures, comparing the rules before and after the amendments in the Finance (No.2) Act 2024.
  • Capital gains tax rates for different assets, highlighting the changes in rates before and after the amendments and their impact on long-term and short-term gains.
  • Amendment to Taxation of Buy-Back of Shares: Prior to the amendment, buy-back of shares was exempt for shareholders under section 10(34A) of the Income-tax Act, 1961, with taxes paid by the company under section 115QA.
  • Post-amendment, buy-back is treated as a taxable transfer, with TDS under section 194.
  • The benefit of grandfathering provisions for land/buildings purchased before 23rd July, 2024, ensuring tax benefits for transfers of such assets.
  • New proviso to section 194-IA of TDS on sale of immovable property: The threshold of ₹50 lakhs for TDS is now based on the total property value, not per seller. If the sale value exceeds ₹50 lakh, TDS under Section 194-IA applies, regardless of the number of sellers.

3. Indirect Tax Laws Study Circle on Notices u/s 73 & 74 held on 26th August, 2024, Venue: Zoom Platform.

Group leader, Adv Rushil Shah, in consultation with Group Mentor, Adv Vinaykumar Jain, prepared 6 case studies covering various contentious issues around notices under GST.

The presentation covered the following aspects for detailed discussion:

  • Multiple tax periods under one notice.
  • Multiple notices for the same tax period.
  • Notices issued by multiple officers (parallel proceedings).
  • Issuance of the same notice on different dates and in different modes.
  • Interplay of section 75 (2) in 73 vs 74 cases.
  • Notices for fake invoices

Around 80 participants from all over India benefitted while taking an active part in the discussion. Participants appreciated the efforts of the group leader & group mentor.

4. ‘CA Pariksha Pe Charcha’ held on 24th August 2024, Venue: Zoom Platform.

The Human Resource Development Committee of BCAS organized a special program to guide and support CA students preparing for the exams. The keynote address was delivered by CA Nilesh Vikamsey, who emphasized the importance of resilience in achieving success and provided strategies for effectively dealing with failures. CA Umesh Sharma discussed various practical exam preparation strategies and clarified doubts about the ICAI evaluation process. He also highlighted the role of AI and other technological tools in enhancing study methods.

Following this, a panel discussion took place where top CA rankers from the May 2024 exams — CA Shivam Mishra, CA Ghilman Saalim Ansari, and CA Kiran Manral shared their personal experiences, detailed their study techniques, and discussed approaches to overcoming the challenges faced during their exam journey. The panel was ably moderated by CA Vedant Gada, a committee member, the session saw active participation from 76 students across the country and was well-received.

Youtube Link: https://www.youtube.com/watch?v=IuxNHjd1s_0&t=434s

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5. FEMA Study Circle meeting on “Bank Account & Demat of Shares Mandate for R to NR and NR to R under FEMA” held on 23rd August, 2024, Venue: Zoom Platform.

The study circle meeting was led by Group Leader — CA Divya Jokhakar. She highlighted the nuances around the topic. In the context of FEMA (Foreign Exchange Management Act), the mandate for a bank account and Demat account transition from Resident (R) to Non-Resident (NR) and back to Resident (R) involves specific regulatory requirements. When an individual’s status changes from Resident to Non-Resident, they must re-designate their savings bank account to a Non-Resident Ordinary (NRO) account or open a Non-Resident External (NRE) account. The Demat account must also be converted to a Non-Resident Demat account.

Upon becoming a Resident again, the NRO/NRE accounts should be re-designated as resident savings accounts. Similarly, the Non-Resident Demat account should be converted back to a Resident Demat account. It was also discussed that it is important to note that any investments made while being a Non-Resident must adhere to FEMA regulations, and compliance with tax laws is crucial during these transitions to avoid penalties. Proper documentation and timely communication with the bank and Depository Participants (DPs) are essential for smooth transitions. The study circle meeting was attended by 74 participants and was well received.

6. Felicitation of Chartered Accountancy pass-outs of the May 2024 Batch — “प्रोfessional Career — The Road Ahead”, held on 3rd August, 2024 Venue: Walchand Hirachand Hall — IMC.

In line with the spirit of celebrating achievements while preparing for future endeavors, the Seminar, Membership & Public Relations (SMPR) Committee of the BCAS organized a special session to honor the achievers of the May 2024 CA Final examinations and provide them with valuable guidance for their professional journey. This annual event serves as both a celebration and a platform for emerging professionals to gain insights from distinguished mentors.

The session, titled “Journey to Professional Excellence: Insights from Leading Minds,” featured two prominent Chartered Accountants: CA Raman Jokhakar and CA Gautam Shah. The event was marked by a significant turnout, with 264 newly qualified Chartered Accountants attending the event, including AIR 3 — CA Ghilman Saalim Ansari.

CA Chirag Doshi, Chairman of the SMPR Committee, inspired the attendees to embrace the myriad opportunities available to them in his opening remarks. He also provided an overview of the Committee’s activities, highlighting programs where young professionals take the lead. The speakers addressed a common question among new pass-outs—whether to pursue a career in industry or practice. CA Raman Jokhakar shared valuable insights on the importance of professionalism, emphasizing that conduct often outweighs mere qualification. CA Gautam Shah offered a detailed account of his career in practice, sharing practical experiences. CA Ghilman Saalim Ansari briefly shared his inspiring CA journey. The session concluded with a celebratory cake-cutting ceremony, recognizing the achievements of the new Chartered Accountants.

Youtube Link: https://www.youtube.com/watch?v=f59BCkdfznw

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7. Lecture meeting on Direct Tax Law provisions of the Finance (No.2) Bill, 2024 Held on 27th July, 2024 at Yogi Sabagrah, Dadar.

The Finance (No. 2) Bill, 2024 introduced various direct tax law provisions, including changes in tax rates, capital gains, and withholding requirements for partnerships. While it aims for simplification, concerns arise over potential complications and inequities. Notably, the withdrawal of the Equalization Levy and Angel Tax provisions reflects a shift in tax policy. This public lecture meeting is the most awaited by our members, CA Fraternity, professionals, and the public at large; we had CA Shri Pinakin Desai addressing the participants with his first-hand views on the Finance Bill. He rated the budget as a satisfactory budget overall, which contains positive aspects and points requiring further attention or simplification.

Youtube Link: https://www.youtube.com/watch?v=iweDyhhFqNw

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Miscellanea

1. BUSINESS

#Indian space start-up Pixxel bags NASA contract to support Earth science research

Indian space start-up Pixxel has bagged a NASA contract to support Earth science research using the hyperspectral technology.

The Bengaluru-based company has become a part of NASA’s $476-million commercial small-sat data acquisition program — a first for an Indian start-up after the space sector was opened to private companies in 2020.

Co-founder and CEO Awais Ahmed called the award a “monumental achievement for Pixxel”.

He said the contract, valid till November 2028, “validates that hyperspectral imaging will be integral to the future of space-based Earth observation and enable us to truly build a health monitor for the planet”.

As per the contract, Pixxel will provide NASA and its US government and academic partners with hyperspectral Earth observation data. This will help empower the administration’s Earth science research and application activities.

Pixxel hyperspectral can capture data across hundreds of narrow wavelengths. Its datasets can also unravel granular insights on climate change, agriculture, biodiversity, and resource management, among others.

Building on this momentum, Pixxel is also making significant strides toward launching six satellites shortly. Fireflies — its 5-metre resolution hyperspectral satellites — will be the highest-resolution hyperspectral satellites ever launched.

These satellites will capture data across over 250 spectral bands, offering more comprehensive coverage with a 40km swath width and a 24-hour revisit frequency anywhere on the planet.

In addition, Pixxel also plans to expand its constellation to 24 satellites to make hyperspectral data commercially. This will make it more broadly available and accessible to stakeholders across industries and governments.

Pixxel has a constellation of the world’s highest-resolution hyperspectral imaging satellites that are designed for
24-hour revisits anywhere on Earth.

The satellites can help detect, monitor, and predict critical global phenomena across agriculture, oil and gas, mining, environment, and other sectors in up to 50 times richer detail.

Pixxel has also launched its in-house Earth Observation Studio, Aurora, to make satellite imagery analysis easily accessible.

The company has also raised over $70 million from Google, Lightspeed, Radical Ventures, Relativity’s Jordan Noone, Seraphim Capital, Ryan Johnson, Blume Ventures, Sparta LLC, Accenture, and others.

(Source: International Business Times –— ByIBT Business Desk — 10th September, 2024)

 

2. TECHNOLOGY

#Unlocking Success with AI-Powered CRMs: A New Era in Customer Relationship Management

AI-powered CRMs provide a crucial advantage by automating routine tasks like data entry, lead qualification, and follow-up communications, allowing employees to focus on strategic initiatives.

Integrating Artificial Intelligence (AI) into customer relationship management (CRM) systems is revolutionizing how businesses engage with customers. Vikas Reddy Penubelli highlights how AI-powered CRMs utilize machine learning, predictive analytics, and automation to enhance customer experiences, streamline operations, and drive business growth. By harnessing data insights, companies can personalize engagement, optimize resources, and remain competitive in the fast-paced, data-driven marketplace.

A Paradigm Shift in CRM

The integration of AI into CRM systems marks a significant shift in how businesses engage with their customers. AI-powered CRMs leverage machine learning, predictive analytics, and automation to deliver enhanced customer experiences. These systems enable companies to analyze vast amounts of data to predict customer behavior, personalize engagement, and optimize operations.

Enhanced Customer Understanding and Personalization

AI-powered CRMs analyze customer data from sources like transaction history, social media, and support interactions using advanced techniques such as clustering and sentiment analysis. These insights enable businesses to tailor products, services, and communications for personalized experiences. For example, retail companies can offer personalized product recommendations based on purchase history and browsing behavior, leading to increased engagement, higher conversion rates, and improved customer satisfaction.

Automation and Efficiency Gains

AI-powered CRMs provide a crucial advantage by automating routine tasks like data entry, lead qualification, and follow-up communications, allowing employees to focus on strategic initiatives. For instance, a software company can automatically classify and prioritize support tickets, addressing high-priority issues quickly. Automation optimizes resource allocation and boosts operational efficiency. Additionally, the productivity gains from AI-powered CRMs directly enhance profitability, as faster data processing and intelligent task prioritization enable sales teams to close more deals and drive revenue growth.

Predictive Capabilities and Market Trends

One of the most powerful features of AI-powered CRMs is their predictive capabilities. These systems can forecast customer behaviour, churn risk, and future market trends by analyzing complex data patterns. Vikas Reddy Penubelli highlights how businesses can leverage these insights to stay ahead of the curve and proactively address customer needs.

For example, a telecommunications company using an AI-powered CRM can predict which customers will likely churn due to poor network coverage in certain areas. By offering targeted retention incentives, the company can reduce churn and enhance customer lifetime value.

Predictive insights empower businesses to make informed decisions, optimize their strategies, and drive sustainable growth.

Challenges and Considerations

While AI-powered CRMs offer numerous benefits, their implementation comes with challenges. Businesses must address hurdles related to data privacy, employee adaptation, and technological integration. As companies collect and analyze large amounts of customer data, ensuring compliance with regulations like GDPR and the CCPA becomes essential for maintaining trust and security.

Moreover, successfully integrating AI into existing workflows requires significant employee training and adaptation. Sales teams, for example, must learn to trust AI-driven insights while applying their own expertise and judgment. Businesses that invest in upskilling their workforce and fostering a data-driven culture are better positioned to maximize the value of AI-powered CRMs.

The Future of AI-Powered CRMs

Looking ahead, the future of AI-powered CRMs looks promising, with advancements in technologies like edge computing, 5G networks, and blockchain set to enhance CRM capabilities. These innovations will enable real-time data processing and secure data sharing. As AI evolves, businesses can expect more advanced predictive modeling, natural language understanding, and autonomous decision-making, driving further growth and efficiency.

In conclusion, AI-powered CRMs represent a significant shift in customer engagement and business growth. By harnessing the power of AI, companies can gain deep insights into customer behavior, personalize experiences at scale, and automate repetitive tasks. Businesses that adopt AI-powered CRMs will be well-positioned to succeed in the increasingly competitive, data-driven marketplace.

(Source: International Business Times — By Alexander Maxwell — 18th September, 2024)

 

3. HEALTH

#India’s Health Coverage for Seniors Over 70

The Indian government has announced its decision to provide health coverage to all senior citizens aged 70 and above. This decision, approved by the Union Cabinet under the chairmanship of Prime Minister Narendra Modi, in the country’s approach towards elder care. The health coverage will be provided under the flagship scheme Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), also known as AA. This scheme will offer free treatment up to ₹5 lakh to the senior citizens, irrespective of their income.

Abhay Soi, President of NATHEALTH, has lauded this move, calling it a historic shift in the way the country approaches elder care. He emphasized that this segment of the population, which carries a high disease burden, is in urgent need of social protection. He further stated that this initiative will strengthen India’s position as a leader in inclusive healthcare”. So I also highlighted the need for the benefit package to be tailored to the population segment so that it encompasses the entire continuum of care. He assured that NATHEALTH is ready to support the government with the rollout of this scheme.

Under the new provisions, senior citizens aged 70 years and above, who belong to families already covered under the scheme, will receive an additional top-up cover up to ₹5 lakh per year. This amount will not have to be shared with the other members of the family who are below the age of 70 years. All other senior citizens of the age 70 years and above will get a cover up to ₹5 lakh per year on a family basis. The eligible senior citizens will also be issued a new distinct card under the scheme.

Dr. Sudhir Kumar, a renowned neurologist from Indraprastha Apollo Hospitals, Hyderabad, took to social media to express his approval of the government’s decision. He wrote, “Excellent move by the Govt of India to provide health coverage for all people aged 70 and above irrespective of income.” He also urged the government to extend this health coverage to citizens of other age categories. Dr. Kumar pointed out that there are about 9 crore people in the age group of 60 to 70 years. He expressed hope that they could be included in this scheme before 2029 and that by 2034, every Indian citizen would be provided health coverage.

This move by the Indian government is reminiscent of similar initiatives taken by other countries to provide comprehensive health coverage to their senior citizens. For instance, the United States has the Medicare program, which provides health insurance to people aged 65 or older. Similarly, the United Kingdom has the National Health Service, which provides free healthcare to all residents, including senior citizens

(Source: International Business Times — By Sheezan Naseer — 12th September, 2024)

 

4. SPORTS

#”Khelo India” goes global: South Africa hosts first international sports event

The inaugural international edition of the ‘Khelo India’ program, an initiative spearheaded by Prime Minister Narendra Modi, has been successfully hosted in South Africa. The event, which concluded after two weeks of competitions, was a massive success.

In a significant milestone for India’s global sports outreach, the first phase of the Khelo India initiative was held outside the country and concluded successfully in South Africa. The two-week-long event united South African and Indian expatriates through competitions in volleyball, badminton, table tennis, and chess.

Prime Minister Narendra Modi’s vision for Khelo India, which was launched in 2017 to promote sports across India, has now taken an international leap. The event in South Africa is seen as a testament to sports diplomacy, with the initiative aiming to bring people together through athletic engagement.

“Prime Minister Modi is the driving force behind this initiative,” said South African table tennis player Revaldo Wilson. “Sports is powerful, and we enjoyed playing with our Indian brothers.”

The Khelo India event was co-hosted by the India Club and the Consulate General of India in Johannesburg. Manish Gupta, Chairman of the India Club, highlighted the collaboration between local South African associations and various Indian organizations.

“We gladly accepted Consul General Mahesh Kumar’s request to coordinate the event. We brought in a number of Indian expatriate organizations, ensuring inclusivity across the board,” Gupta said.

The tournament saw the South African Tamil Association managing the volleyball competition, while the Gauteng Malayalee Association oversaw badminton. Chess and table tennis were coordinated with local bodies like Chess South Africa and the South African Table Tennis Board. Gupta added that the chess event had international grading, while the table tennis competition was a national championship-level event, attracting top-tier players, including South Africa’s six-time national champion.

Consul General Mahesh Kumar praised the spirit of the event, emphasizing that Khelo India transcends national borders. “Sport unites people in ways that nothing else can. By hosting the first Khelo India games abroad in South Africa, we are building on the special relationship between our two nations. The support from both the Indian diaspora and local South Africans has been overwhelming,” Kumar said.

Kumar also mentioned that participants travelled from neighbouring countries such as Lesotho and Zimbabwe, further highlighting the unifying power of sports.

“This event brings non-mainstream sports into the limelight. We hope it grows into an international movement, perhaps even evolving into an event similar to the Commonwealth or Asian Games,” Kumar added.

While the first phase of the event has concluded, more traditional Indian games such as kabaddi, Kho-Kho, Carrom, and Satoliya/ Lagori will be featured in the second phase, scheduled for December 2024 to January 2025. These games aim to introduce Indian cultural sports to a wider audience in South Africa.

The event not only created a platform for Indian expatriates but also strengthened bonds with the local South African community. Gupta noted that each sport was organized in collaboration with local partners, ensuring a strong foundation for future events. For example, the volleyball competition was supported by the South African Masters’ Volleyball Association and the chess tournament by Chess South Africa and the Johannesburg Metro Chess bodies.

(Source: International Business Times – By Steven Klien – 17th September, 2024)

Letters to the Editor

Sir,

Re: Your Editorial in the September 2024 issue of the BCAJ

You have made a great effort to communicate the taxpayers’ sufferings under Direct and Indirect taxes. In fact, it is your duty to sum up the real problems taxpayers are facing. It is because an editor has a great influence on the policymakers. Whatever suggestions you make, as an editor, they are considered by the Finance Ministry as well as the Finance Minister.

Faceless proceedings give tremendous opportunity to the authorities to take fair and reasonable decisions. It is because no one can make allegations of any corruption, as the proceedings are faceless. However, the desired change in the mindset of the authorities have not taken place. At times, High Courts have to levy costs on the authorities for taking obvious unreasonable decisions.

In the end, I must appreciate your tireless effort to bring in the existing ground realities in very lucid and clear terms, in your editorial.

Regards,

Adv. R. K. Sinha

Ex – DIT and IRS


Dear Sir,

Hats off to CA Raman Jokhakar for his candid and thought-provoking article in “Chatting up about India: When a $10 Trillion Economy Won’t Make a Difference”, published in the August 2024 issue of the BCAJ. It is very well written, detailing what is mentioned in the title, in a very systematic and analytical manner. It is worth sharing, going through a number of times and deliberating on it. We sincerely hope that many, especially those who matter, do take some cues out of it and amplify further on the contents thereof to take our motherland and country to greater heights.

Once again congratulations to Ramanji and our appreciation and accolades for the excellent article.

With Best Regards,

Rakesh Parikh


Dear Editor,

I have been studying (not reading) the BCAJ for more than three decades. The articles are well-researched and thought-provoking. The BCAJ is a professional life-line for me. I do not find such kind of articles in any of the professional magazines which I read. I always ensure that all my colleagues subscribe to the BCAJ and study it.

I am highly impressed and absorbed with the INSPIRING QUOTES given in the August Journal. I am sure this will help the younger generation to know about the infinite knowledge that Bharat possessed and has in every field of mankind.

Again, there are no words to express the high quality of the BCAJ, which the Team has been maintaining for over seven decades and the future to come.

Regards,

R.S. Balasubramanyam

FCA, FCS, LLB and IP

Introspection

Once a few Indians were discussing with some friends from Western countries about the difference between the Indian culture vis-à-vis the Western culture. Indians were as usual boasting of their spiritual heritage to which the Westerners agreed. But they said, ‘We agree that spiritual principles are deeply rooted in the mind of even illiterate common man of India’. They have less greed. They are contented with small things and have no craze for hifi living. They are pious and God-fearing. These principles of detachment are not understood by even the highly educated people in Western countries.

However, they added, that even an illiterate common man from Western countries understands the importance of cleanliness. He knows disciplined behaviour and has a good civic sense of not throwing garbage anywhere in an indiscreet manner and not spitting anywhere he likes.
This understanding is not found even among the moneyed and so-called educated people in India! Indians had to keep quiet.

There is a very interesting true story about this. One Australian lady had come to watch the Asian Games held in India in the year 1982. From there, she went to Kolkata to stay with some close acquaintances. One day she was invited to a function. The Indian audience asked her as to what she felt about Kolkata city, whether she liked it etc. She said she liked it. Still, they insisted that she should express her opinion frankly. So, she said, everything is alright, but there is a lot of filth around. There is a total lack of cleanliness.

The people tried to argue and pointed out to her – “Madam, are you aware that there are as many as one crore people staying in Kolkata? They wanted, perhaps, to justify the lack of cleanliness.”

She retorted- “How many more people do you need to keep the city clean?”

This is really an eye-opener, and it underlines the fact that it is everybody’s responsibility to have civic sense and keep the surroundings clean!

I heard another very interesting story which is the height of honesty. In a village, there was a small boy who was very poor. But he had a habit that whatever little he got, he used to offer half of it to the Lord Krishna in a particular temple. Once he stole a banana from a shop; offered half of it to the God and ate the remaining half. The shopkeeper was watching all this with interest. He caught him and said, I saw you stealing the banana and also that you kept half of it in the temple. I know, you are poor but a good and innocent boy. At the same time, the theft has to be punished. So, have 3 rounds (pradakshina) around the temple. The boy started the ‘pradakshina’. The shopkeeper was amazed to notice that Bhagwan Krishna was also walking along with the boy. When he came closer, he told the shopkeeper – “haven’t I eaten the half banana? So, I also should share the punishment”.

This is our concept of God, friends. We should try to emulate all the good things stated in this short article.

Regulatory Referencer

I. DIRECT TAX: SPOTLIGHT

1. CBDT issues circular revising the monetary threshold for filing of appeals — Circular No. 09/2024 dated
17th September, 2024

Circular 5 of 2024 dated 15th March, 2024 had prescribed monetary limits for filing income tax appeals by the Income tax department. The limits are revised to ₹5 crore, ₹2 crore, and ₹60 lakhs respectively for filing appeals before the Supreme Court, High Court, and Income Tax Appellate tribunal respectively. CBDT has further clarified that the Department should not file an appeal merely because the tax effect exceeds the monetary limit but filing of an appeal should be decided based on the merits of each case.

II. COMPANIES ACT, 2013

1. C-PACE to facilitate voluntary LLP closures under new rules effective 27th August, 2024: The Hon’ble Finance Minister, in her budget speech, announced that the services of the Centre for Processing Accelerated Corporate Exit (C-PACE) would be extended to facilitate the voluntary closure of LLPs. Accordingly, the Ministry of Corporate Affairs (MCA) has notified the Limited Liability Partnership (Amendment) Rules, 2024. Under these amended rules, the application for voluntary closure of LLPs will now be approved by C-PACE instead of the ROC effective from the 27th August, 2024, [MCA Notification G.S.R. 475(E), dated 5th August, 2024]

2. Foreign Companies must now file Form FC-1 with CRC within 30 days of setting up business in India: MCA has notified the Companies (Registration of Foreign Companies) (Amendment) Rules, 2024. Pursuant to the amendment to Rule 3(3), a foreign company must now file Form FC-1 with the Registrar, Central Registration Centre (CRC), within thirty days of establishing its place of business in India. Further, documents for registration by a foreign company must also be delivered in Form FC-1 to the Registrar, Central Registration Centre. These rules are effective from 9th September, 2024. [Notification No. G.S.R 491(E), dated 12th August, 2024]

3. MCA introduces ‘Ind AS 117’ on Insurance Contracts: MCA has notified Companies (Indian Accounting Standards) Amendment Rules, 2024. As per the amended norms, a new Ind AS 117 relating to ‘Insurance Contracts’ has been inserted. Ind AS 117 establishes principles for recognizing, measuring, presenting, and disclosing insurance contracts. The objective is to ensure that an entity provides relevant information that faithfully represents those contracts. An entity is expected to apply Ind AS 117 to insurance, reinsurance, and investment contracts. [Notification No. G.S.R 492(E), Dated 12th August, 2024]

III. SEBI

1. SEBI launches chatbot “SEVA” for investors: SEBI has launched its Virtual Assistant (SEVA) – an Artificial Intelligence (AI) based conversation platform for investors. The Beta version of the chatbot includes features like citations for generated responses, speech-to-text and text-to-speech functionality for accessibility, etc. The chatbot is presently enabled to answer questions regarding general information on the securities market, grievance redressal process, etc. The beta version is available on SEBI’s investor website and the SAARTHI mobile app. [PR NO. 14/2024, dated 29th July, 2024]

2. Stock exchanges and clearing corporations must now disclose shareholding patterns in the format as per LODR norms: SEBI has notified an amendment to the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018. As per the amended norms, stock exchanges and clearing corporations are now required to disclose their shareholding pattern on their respective websites every quarter as per the requirements and format specified for listed companies under LODR Regulations. [Notification No. SEBI/LAD-NRO/GN/2024/196, dated 29th July, 2024]

3. AMCs must have surveillance, controls, and escalation processes to detect and prevent potential market abuse: Earlier, SEBI carried out a public consultation on the proposal of putting in place a structured institutional mechanism at the end of AMCs, which can proactively identify and deter instances of such market abuse. Accordingly, the SEBI (Mutual Funds) Regulations, 1996 was amended. Now, SEBI has directed that this mechanism shall consist of enhanced surveillance systems, internal control procedures, & escalation processes to effectively identify, monitor & address misconduct. [Circular No. SEBI/HO/IMD/IMD-POD-1/P/CIR/2024/107, dated 5th August, 2024]

4. SEBI issues guidelines for borrowings by Category I and Category II Alternative Investment Funds: SEBI has issued guidelines for borrowing by Category I and II Alternative Investment Funds (AIFs). As per the new norms, Category I and II AIFs are allowed to borrow to meet a temporary shortfall in the amount called from investors for making investments in investee companies (‘drawdown amount’). Further, all Category I and II AIFs must maintain a 30-day cooling-off period between two periods of borrowing as permissible under AIF Regulations. The circular shall be effective immediately. [Circular No. SEBI/HO/AFD/AFD-POD-1/P/CIR/2024/112, dated 19th August, 2024]

5. Research Analysts must be entitled to charge fees for providing research services to Clients: SEBI has notified an amendment to the SEBI (Research Analysts) Regulations, 2014. As per the newly inserted norms, a Research Analyst must be entitled to charge fees for providing research services from a client, including an accredited investor, in the manner specified by the Board. These amended norms shall come into force from the date of their publication in the Official Gazette i.e., 19th August, 2024. [Notification No. SEBI/LAD-NRO/GN/2024/199, dated 19th August, 2024]

IV. FEMA:

1. Important amendments in Non-debt Instruments Rules:

NDI Rules under FEMA have been liberalised and the following are the amendments in brief. A swap of shares leading to an ODI transaction as well as an FDI transaction is called an “ODI-FDI swap” in general parlance. While Overseas Direct Investment (ODI) has been permitted through the swap of shares of any entity vide the new Overseas Investment regime notified in August 2022, FDI through the swap of shares of a foreign entity was still under the Approval route. Hence, the FDI leg of an ODI-FDI swap required prior approval. The Foreign Exchange Management (Non-debt Instruments) Rules, 2019 have been amended to permit FDI through the swap of shares. This has enabled full ODI-FDI swap under the automatic route. This has eased out several transactions and arrangements.

The other amendments in NDI Rules include an updation in the definition of control and start-up; clarity in the calculation of indirect foreign investment by excluding the investment made on a non-repatriation basis from the same; increase in limit on foreign portfolio investment under the automatic route from 49 per cent to the respective sectoral cap prescribed; and liberalization of norms for FDI in White Label ATM operations. Please refer to the NDI Rules for complete information.

[Foreign Exchange Management (Non-Debt Instruments) (Fourth Amendment) Rules,
2024 – Notification S.O. 3492(E) [F. NO. 1/8/2024-EM], dated 16th August, 2024]

2. Scheme notified for trading and settlement of Sovereign Green Bonds in IFSC

The FEM (Debt Regulations), 2019 were amended in August 2024 permitting persons resident outside India to purchase or sell Sovereign Green Bonds issued by the Government of India in IFSC. Now, the scheme for trading and settlement of sovereign green bonds in IFSC has been notified by the IFSCA. The operational guidelines for participation in the Scheme by entities in the IFSC shall be further issued by the IFSC Authority.

[Circular No. CO.FMRD.FMIA.NO.S242/11-01-051/2024–25, dated 29th August, 2024]

3. Listing Regulations notified in IFSC:

The IFSCA (Listing) Regulations, 2024 have been notified for IPOs, debt securities, and secondary listings in IFSC exchanges. There have already been amendments in the Companies Act and FEMA enabling provisions for Indian companies to list in IFSC exchanges. These regulations provide a comprehensive framework for the same.

[International Financial Services Centres Authority (Listing) Regulations, 2024 – Notification No. IFSCA/GN/2024/006, dated 20th August, 2024]

4. Discontinuation of monthly LRS returns to be submitted by Banks

AD Category-I banks were required to furnish information on the number of applications received and the total amount remitted under LRS on a monthly basis in the Centralised Information Management System (CIMS). This requirement has been discontinued from the reporting month of September 2024. The banks will be required to upload only transaction-wise information under LRS daily return at the close of business of the next working day. The Master Direction — Reporting under the Foreign Exchange Management Act, 1999 has also been updated to reflect this change.

[A.P. (DIR SERIES 2024–25) Circular No. 16, dated 6th September, 2024]

5. New rules notified for compounding under FEMA:

The Central Government has notified Foreign Exchange (Compounding Proceedings) Rules, 2024 in supersession of the Foreign Exchange (Compounding Proceedings) Rules, 2000. There has been an increase in the amount of fees to be paid while submitting the compounding application from INR 5,000 to 10,000 and the pecuniary limits with respect to which the powers have been delegated to the officers to compound the contravention. The non-compoundable offenses have been specifically listed and multiple forms which were required to be submitted along with the compounding application have been merged into a single form.

[Foreign Exchange (Compounding Proceedings) Rules, 2024 — Notification No. G.S.R. 566(E) [F. NO. 1/10/2023-EM], dated 12th September, 2024]

Society News

LEARNING EVENTS AT BCAS

1. Suburban Study Circle meeting on the topic of Recent Changes in GST as per 53rd GST Council Meeting & Union Budget 2024. Held on 2nd August, 2024; Venue: Bathiya & Associates LLP, Andheri

The Group Leader, CA Mrinal Mehta, crafted a detailed presentation that addressed the recent changes through which group had insightful discussions. He shared his views on the following:

  • Changes in GST Tax Rates
  • Clarifications on services
  • Waiver of interest and penalty
  • Monetary limit for appeals and reduction in pre-deposit amount
  • Input Tax Credit – Section 16(4)
  • Clarifications on corporate guarantee and
  • Other amendments and clarifications

The session saw active engagement from 20 participants.

2. Indirect Tax Laws Study Circle on Interpreting section 16 (4) of CGST Act, 2017. Held on 29th July, 2024; Venue: Zoom Platform

Group leader, CA Saurabh Jain, in consultation with Group Mentor, CA Rishabh Singhvi, prepared case studies covering various contentious issues around section 16 (4) of the CGST Act, 2017 and also dealt with the recent amendments proposed.

The presentation covered the following aspects for detailed discussion:

  • Whether section 16 (4) time limit applies to taking of credit in books of accounts or GSTR-3B
  • Whether the conditions imposed u/s.16 (4) are a substantial condition or procedural condition?
  • Whether the time limit prescribed u/s. 16 (4) applies to claim of ITC of tax paid on import of goods
  • Whether the time limit prescribed u/s 16 (4) applies to claim of ITC of tax paid on RCM (registered/unregistered)
  • How to interpret section 16 (4) in terms of ISD credits
  • Whether section 16 (4) applies in cases where the supplier has filed his GSTR-1 after the time limit prescribed therein

Around 60 participants from all over India benefitted while taking active part in the discussion. Participants appreciated the efforts of group leader& group mentor.

3. Lecture meeting on Direct Tax Law provisions of the Finance (No.2) Bill, 2024. Held on 27th July, 2024 at Yogi Sabagrah, Dadar

The Finance (No. 2) Bill, 2024 introduced various direct tax law provisions, including changes in tax rates, capital gains, buy-back of shares, charitable trusts, withholding requirements for partnerships, etc. While it aims for simplification, concerns arise over potential complications and inequities. Notably, the withdrawal of the Equalization Levy and Angel Tax provisions reflects a shift in tax policy. This public lecture meeting is the most awaited by our members, CA Fraternity, professionals and public at large. CA Pinakin Desai addressed the participants on the important provisions of the Finance (No. 2) Bill, 2024. He rated the budget as a satisfactory and also highlighted few points requiring further attention and simplification.

Some of the prominent takeaways and viewpoints from his lecture were:

  • The withdrawal of the Equalization Levy signals a strategic move towards implementing pillars one and two, indicating a shift in approach to international tax challenges.
  • Changes in tax rates and increase in standard deductions for salaried employees and a reduction in tax rates for foreign companies and capital gains aim to address equity in taxation.
  • Significant changes to capital gains taxation, which can impact both individual and corporate taxpayers. Listed securities of holding is now uniform with other securities and will turn long-term in 12 months. Short-term capital gains tax on listed securities has increased from 15% to 20%. These changes aim to simplify the capital gains tax framework but could lead to complexities and inequities for certain taxpayers.
  • The ease of doing business needs to be re-evaluated to ensure fairness for both residents and non-residents. Current provisions may impose undue burdens, particularly on partnership firms and their tax obligations.
  • The tax withholding obligations for partnership firms can lead to financial strain, especially when remuneration exceeds deductible amounts. This situation may result in penalties for non-compliance.
  • The new buy-back provisions effective from 1st October, 2024, classify buy-back payments as dividend income for shareholders, regardless of the company’s profit status. Shareholders face a challenge as the buy-back income is treated as dividends, with no deductions allowed for the cost of shares. This could lead to capital losses instead.
  • Reassessment proceedings for tax can now be conducted within a shorter period of five years, impacting how companies manage their tax strategies. This change emphasises the importance of timely compliance.
  • Significant steps are taken for charitable trusts by removing adverse provisions, particularly regarding mergers and exit tax. It alleviates previous concerns and fosters collaboration between trusts.
  • A significant change in the Black Money Act mandates that residents disclose foreign assets, with strict penalties for non-compliance, emphasizing the importance of transparency.
  • Amendments regarding tax refunds indicate a shift towards stricter compliance and potential delays for taxpayers.

The Lecture meeting was attended by around 350 participants at the venue, and have more than 18,000 viewers on YouTube. It was highly appreciated by the participants.

The readers can view the entire meeting at the following link:

YouTube Link: https://www.youtube.com/watch?v=iweDyhhFqNw

4. ITF Study Circle Meeting on “Pillar Two – Basics” Held on 22nd July, 2024; Venue: Zoom Platform

The group leader – K. Prasanna deliberated on the following topics:

  • Need of Pillar-2 and its developments in the International arena.
  • Conditions relating to the applicability of Pillar-2 – Globe rules.
  • Various concepts surrounding the Globe rules such as IIR, UTPR etc. with practical scenarios and case studies.

During the study circle meeting, the participants raised questions about their specific concerns. The session was highly informative and was a good base to start in-depth study and was attended by 55 participants.

5. Webinar on Filing of Income Tax Returns for AY 2024-25 Held on 2nd July, 2024; Venue: Zoom Platform

The Direct Tax Committee of BCAS organised a “Webinar on Filing of Income Tax Returns for AY 2024-25. CA Akshar Panchamia, the first speaker covered ITRs 1, 2, 3 and 4 wherein he explained the applicability of these ITRs to applicable assesses. There were some important amendments in the ITR like choosing the tax regime, mentioning the type of Bank Account, quoting the MSME number etc. which were highlighted. He also demonstrated instances where the details need to be mentioned correctly to avoid any undue disallowances. Schedule FA – Foreign Asset which is mainly applicable for Resident and Ordinarily Resident was explained in detail in his presentation.

CA Ronak Rambhia covered the ITRs 5, 6 and 7 wherein he explained the due dates applicable to each assessee. The pre-requisites while preparing the Tax Returns like the Annual Accounts, Audit Report, Bank details, registration numbers, GST Turnovers, etc. were taken into consideration along with important schedules like Schedule VDA — Virtual Digital Asset, SH-1 — Shareholders details, AL-1 — Asset Liability, etc.

The webinar gave the viewers practical insights about the Income Tax return filings, the latest amendments reflected in the forms and best practices to avoid mismatch in the ITR processing. Webinar was attended by around 280 participants.

YouTube Link: https://www.youtube.com/watch?v=X7qmz3H5HUY

6. 75 Hours Long Duration Study Course on Auditing Standards on the 75th Anniversary of BCAS Held in June from 14th March, 2024 to 14th June, 2024, Venue: Zoom Platform

BCAS has always been pioneer in equipping its members in particular and other stakeholders at large. To Commemorate 75th Year of existence of BCAS and to celebrate its Diamond Jubilee, Accounting & Auditing Committee organised a well-designed 75-hour long duration study course spanning more than 12 weeks. The Course was mainly held on Fridays and Saturdays for 3 hours each day totaling to 75 hours.

The main objective of designing this long duration course was to deep dive into the subjects affecting the audit fraternity and provide platform to the members in Industry and Practice to come together. It was focused on the practical challenges which crops up while implementing the complicated Accounting Standards. The course was segregated into three equal segments.

  • AS
  • IndAS
  • Assurance Standards

The course also included topics on Companies Act provisions, CARO, Schedule II, III, CSR, FRRB / NFRA observations, etc. The segments / modules were designed to give practical case study based insights to the participants on various topics.

The various sessions of the course generated lot of interactions between the participants and the respective faculties. The three month’s duration course was attended by 136 participants and was well received and the overall feedback from the participants was encouraging. The Participants were awarded Certificate of Participation for attending the course.

7. Corporate & Commercial Law Study Circle – Oppression & Mismanagement Held on 30th May, 2024; Venue: Zoom Platform

The Group leader – CS Gaurav Kumar explained the meaning of oppression and mismanagement, difference between oppression and mismanagement, the relevant provisions of the Companies Act 2013. The speaker discussed modes, methods and possible reasons of oppression and mismanagement, and discussed landmark case laws giving understanding of the relevant nitti-gritties.

He also touched upon arbitration as a possible alternative to prolonged and expensive litigation process. He enlightened the participants with the preventive measures to reduce the possibility of oppression and mismanagement. He threw light on the role a CA can play in the matters relating to oppression and mismanagement. Around 60 participants attended the meeting and it was well appreciated.

  1. Other Events & News:

BCAS Foundation’s Tree Plantation Drive 2024

On 4th August, 2024, the BCAS Foundation, in partnership with Keshav Srushti, organised the Miyawaki Forest Project 2024 at Ismail Yusuf College, Jogeshwari East. This initiative focused on environmental sustainability through the Miyawaki technique, a method that fosters rapid growth of dense, native forests.

Trustees of BCAS Foundation, spoke about the Foundation’s dedication to social and environmental causes, stressing the significance of projects that yield long-term benefits. The event was graced by CA Rashmin Sanghvi as the Chief Guest. A longstanding advocate for environmental causes within the BCAS Foundation, CA Sanghvi has been instrumental in driving such initiatives.

Neelkantan Aiyyar, Joint Secretary of Keshav Srushti, kicked off the event with an insightful briefing on the Miyawaki technique, emphasising its ecological benefits, such as enhanced carbon absorption and biodiversity support. Following this, Satish Modh, President of Keshav Srushti, highlighted the organisation’s commitment to nature conservation and rural development.

A special session followed, where participants engaged in a Bhu Devs Pooja to honour the Earth, followed by symbolic plantations. Around 100 saplings were planted during this session, with many of the trees planted by children. This act of nurturing young minds alongside young trees was a powerful reminder of the legacy we leave for the future. The event concluded with a sumptuous lunch, the sense of accomplishment and camaraderie was palpable, with participants leaving with a deeper understanding of their role in preserving the environment and a commitment to future initiatives.

Intervention on behalf of BCAS at Ad Hoc Committee Meeting for United Nations Framework Convention:

CA Radhakishan Rawal, core group committee member of International Tax Committee of BCAS, had an opportunity to place his views as a representative of BCAS and participate in the discussions at the Second Session of the Ad Hoc Committee to Draft Terms of Reference (ToR) for United Nations Framework Convention on International Tax Co-operation at a 15 days session held in New York. The ToR was approved by majority (110 in favour, 8 against and 44 abstaining member states). This is treated as a historical development but a small step of a long journey for establishing an inclusive and fair system of international taxation.

MISCELLANEA

1 . TECHNOLOGY

Surge in ‘Shadow AI’ Accounts Poses Fresh Risks to Corporate Data

The growing use of artificial intelligence in the workplace is fuelling a rapid increase in data consumption, challenging the corporate ability to safeguard sensitive data.

A report released in May from data security firm Cyberhaven, titled “The Cubicle Culprits”, sheds light on AI adoption trends and their correlation to heightened risk. Cyberhaven’s analysis drew on a dataset of usage patterns from three million workers to assess AI adoption and its implications in the corporate environment.

The Cubicle Culprits report reveals the rapid acceleration of AI adoption in the workplace and use by end users that outpaces corporate IT. This trend, in turn, fuels risky “shadow AI” accounts, including more types of sensitive company data. Products from three AI tech giants — OpenAI, Google, and Microsoft — dominate AI usage. Their products account for 96 per cent of AI usage at work.

According to the research, workers worldwide entered sensitive corporate data into AI tools, increasing by an alarming 485 per cent from March 2023 to March 2024. However, only 4.7 per cent of employees at financial firms, 2.8 per cent in pharma and life sciences, and 0.6 per cent at manufacturing firms use AI tools.

A significant 73.8 per cent of ChatGPT usage at work occurs through non-corporate accounts. Unlike enterprise versions, these accounts incorporate shared data into public models, posing a considerable risk to sensitive data security.

A substantial portion of sensitive corporate data is being sent to non-corporate accounts. This includes roughly half of the source code (50.8 per cent), research and development materials (55.3 per cent) and HR and employee records (49.0 per cent). Data shared through these non-corporate accounts are incorporated into public models.

This trend indicates a critical vulnerability. Ting said that non-corporate accounts lack the robust security measures to protect such data. AI adoption rates are rapidly reaching new departments and use cases involving sensitive data. Some 27 per cent of data that employees put into AI tools is sensitive, up from 10.7 per cent a year ago. For example, 82.8 per cent of legal documents employees put into AI tools went to non-corporate accounts, potentially exposing the information publicly.

Some companies are clueless about stopping the flow of unauthorised and sensitive data exported to AI tools beyond IT’s reach. They rely on existing data security tools that only scan the data’s content to identify its type.

Educating workers about the data leakage problem is a viable part of the solution if done correctly. Most companies have rolled out periodic security awareness training.

(Source: technewsworld.com, dated 26th July, 2024)

 

2. ENVIRONMENT

Earth ends 13-month streak of record heat: Here’s what to expect next

From June 2023 until June 2024, air and ocean surface water temperatures averaged a quarter of a degree Celsius higher than records set only a few years previously. Air temperatures in July 2024 were slightly cooler than the previous July (0.04°C, the narrowest of margins) according to the EU’s Copernicus Climate Change Service. July 2023 was in turn 0.28°C warmer than the previous record-hot July in 2019, so the remarkable jump in temperature during the past year has yet to ease off completely. The warmest global air temperature recorded was in December 2023, at 1.78°C above the pre-industrial average temperature for December – and 0.31°C warmer than the previous record.

Global warming has consistently toppled records for warm global average temperatures in recent decades, but breaking them by as much as a quarter of a degree for several months is not common. The end of this streak does not diminish the mounting threat of climate change.

So what caused these record temperatures? Several factors came together, but the biggest and most important is climate change, largely caused by burning fossil fuels.

Temperatures typical of Earth 150 years ago are used for comparison to measure modern global warming. The reference period, 1850–1900, was before most greenhouse gases associated with global industrialisation – which increase the heat present in Earth’s ocean and atmosphere – had been emitted.

July 2024 was 1.48°C warmer than a typical pre-industrial July, of which about 1.3°C is attributable to the general trend of global warming over the intervening decades. This trend will continue to raise temperatures until humanity stabilises the climate by keeping fossil fuels in the ground where they belong. But global warming doesn’t happen in a smooth progression. Like UK house prices, the general trend is up, but there are ups and downs along the way.

Behind much of the ups and downs is the El Niño phenomenon. An El Niño event is a reorganisation of the water across the vast reaches of the Pacific Ocean. El Niño is important to the workings of worldwide weather as it increases the temperature of the air on average across all of Earth’s surface, not only over the Pacific. Between El Niño events, conditions may be neutral or in an opposite state called La Niña that tends to cool global temperatures. The oscillation between these extremes is irregular, and El Niño conditions tend to recur after three to seven years.

A plausible scenario is that global temperatures will fluctuate near the 1.4°C level for several years, until the next big El Niño event pushes the world above 1.5°C of warming, perhaps in the early 2030s.

The Paris agreement on climate change committed the world to make every effort to limit global warming to 1.5°C, because the impacts of climate change are expected to accelerate beyond that level.

The good news is that the shift away from fossil fuels has started in sectors such as electricity generation, where renewable energy meets a growing share of rising demand. But the transition is not happening fast enough, by a large margin. Meeting climate targets is not compatible with fully exploiting existing fossil-fuel infrastructure, yet new investments in oil rigs and gas fields continue.

Headlines about record breaking global temperatures will probably return. But they need not do so forever. There are many options for accelerating the transition to a decarbonised economy, and it is increasingly urgent that these are pursued.

(Source: business-standard.com, dated 20th August, 2024)

Why climate change might hamper your fish consumption

United Nations Food and Agriculture Organisation (FAO) confirmed that fish stocks are headed towards a significant decline, primarily due to climate change.

For starters, elevated carbon dioxide (CO2) levels are making the oceans more acidic, posing a survival challenge for something called phytoplanktons. These are tiny organisms that are also a primary food source for small fish. So, as phytoplankton struggle with elevated CO2 levels, the small fish find it harder to access the food they need.

Not just that. Warmer waters create low-oxygen “dead zones” where marine life struggles to survive. Additionally, rising sea temperatures are pushing fish towards cooler waters, disrupting their growth and reproduction.

And, as if that weren’t enough, the loss of coastal habitats like coral reefs and mangroves is depriving fish of their breeding grounds and shelters. But how are prokaryotes about to add to this trouble? After all, aren’t they supposed to strike a balance in the ocean?

You see, the real culprit here, again is climate change. Because as climate change warms up our oceans, prokaryotes become more dominant. And because they are adaptable, they can handle climate change better than larger marine creatures. For instance, every degree of ocean warming pushes the total weight of prokaryotes down by just 1.5 per cent, but larger marine creatures like fish could see a larger drop of 3 per cent to 5 per cent.

And here’s the catch – as climate change progresses, it will lead to prokaryotes taking over the ocean. As their population rises in comparison to other marine life, they would also alter the availability of essential nutrients in the ocean. So, if prokaryotes consume more nutrients that other marine creatures – like fish – rely on, it could disrupt the balance of marine ecosystems. And it could further contribute to the decline in fish populations.

So, what’s the big issue with that, you ask?

Well, it could very well affect the enormous fishing industry.

You see, fish indisputably form a vital part of the global food supply, serving as a primary source of protein for around 3 billion people. And if we were to look at the money involved, the global seafood industry was valued at $500 billion in 2022.

So, if fish populations start to dwindle, it could very well mean less industry revenue and higher consumer prices.

Take India, for instance. In many states, especially in the northeastern and eastern regions, as well as Tamil Nadu, Kerala and Goa, over 90 per cent of the population consumes fish. Coastal communities too depend heavily on fisheries, particularly in states like Kerala, Tamil Nadu and West Bengal.

And almost 3.8 million people living along the coast depend on fishing for their livelihood. The industry also plays a significant role in our economy, contributing around $8.1 billion in foreign exchange through marine exports annually.

India is also a major player in the global seafood export market, with its largest buyers being China, the US, the EU, Southeast Asian countries and Japan. In fact, the government hit an all-high in seafood exports, raking in ₹63,969.14 crores during the financial year 2022–23.

And India has even set an ambitious goal to increase seafood exports to R1 trillion in the next two years.

But if prokaryotes continue to dominate the oceans, this dream could be jeopardised. They will continue to multiply, corner resources, produce more CO2, accelerate climate change even further and really decimate marine population.

So yeah, it’s a vicious cycle. And it shows us how climate change could have impacts beyond what we can fathom.

The real question is: Can we adapt fast enough to protect both our plate and our planet?

Well, we will probably have to wait and see.

(Source: finshots.in, dated 22nd August, 2024)

Regulatory Referencer

I. DIRECT TAX: Spot light

1. Non-applicability of higher rate of TDSITCS as per provisions of section 206AAI and 206CC of the Incometax Act, 1961, in the event of death of deductee / collectee efore linkage of PAN and Aadhaar – Circular No. 08/2024 dated 5th August, 2024

CBDT had provided time up to 31st May, 2024 for linkage of PAN and Aadhaar for the transactions entered into up to 31st March, 2024 so as to avoid higher deduction /collection of tax under section 206AA/206CC of the Act.

CBDT has now provided that in cases where higher rate of TDS/TCS was attracted under section 206AA/206CC of the Act pertaining to the transactions entered into up to 31st March, 2024 and in case of demise of the deductee / collectee on or before 31st May, 2024 i.e. before the linkage of PAN and Aadhaar could have been done, there shall be no liability on the deductor/collector to deduct /collect the tax under section 206AA/206CC, as the case may be. The deduction / collection as mandated in other provisions of Chapter XVII-B or Chapter XVII-BB of the Act, shall, however, be applicable.

II. COMPANIES ACT, 2013

1. MCA extends the time for filing of Web-Form PAS-7 without additional fees up to 5th August, 2024: As per the Companies (Prospectus and Allotment of Securities) Rules, 2014, every public company which had issued share warrants before commencement of Companies Act 2013 and not converted into shares is required to inform the ROC about details of share warrants in Form PAS-7. Web-Form PAS-7 is now deployed on MCA 21 Portal on V3. The said form can be filed without payment of additional fees up to 5th August, 2024 [General Circular No. 5/2024, dated 6th July, 2024]

2. MCA revises MSME Form-1 with enhanced disclosures for reporting payments pending over 45 days to micro / small enterprises: MCA has notified Specified Companies (Furnishing information about payment to micro and small enterprise suppliers) Amendment Order, 2024. Now, only those specified companies with payments pending to any micro or small enterprises for more than 45 days from the date of acceptance / date of deemed acceptance of goods or services must furnish information in MSME Form-1. [Notification No. S.O. 2751(E), dated 15th July, 2024]

3. MCA allows directors to update mobile numbers and email IDs anytime during the Financial Year on payment of a fee: The MCA has notified an amendment to Rule relating to Directors’ KYC. Now if an individual intends to update his personal mobile number or email address again at any time during the financial year in addition to the other updations allowed, he shall update the same by submitting an e-form DIR-3KYC on the payment of fees of ₹500. [Notification No 8/4/2018-CL-I, dated 16th July ,2024]

4. MCA notifies e-Form MGT-6 for MCA V3 Portal: The MCA has notified amendment in Companies (Management and Administration) Rules, 2014. Now, the Form MGT-6 has been substituted with the new format for MCA V3 Portal. New feature of PAN validation of shareholders and beneficial owners has been introduced. [Notification No. G.S.R. 403, dated 15th July, 2024]

5. MCA notifies e-Form BEN-2 for MCA V3 Portal: MCA has notified an amendment to the Companies (Significant Beneficial Owners) Rules, 2018. Form BEN-2 has been substituted with the new format for the MCA V3 Portal. The new format allows users to fill out a form to change an existing Significant Beneficial Ownership or update the particulars of existing Significant Beneficial Ownership under Section 90 of the Companies Act. [Notification G.S.R. No. 404, dated 15th July, 2024]

6. Companies must now remit amounts to the IEPF Authority online within 30 days of the due date: The MCA has notified the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2024. As per the amended norms, companies must remit any amount required to be credited to the Investor Education and Protection Fund (IEPF) online to the Authority within 30 days from the date it becomes due. [Notification G.S.R. No. 414(E), dated 16th July, 2024]

7. MCA merges Form IEPF-3 with IEPF-4 and Form IEPF-7 with IEPF-1: The MCA has merged Form IEPF-3 with Form IEPF-4 and Form IEPF-7 with IEPF-1 in MCA Version 3. The revised forms will be made STP (straight-through process). Further, various amounts that need to be transferred to the IEPF Authority as due on shares transferred by companies can now be paid online [General Circular No. 07/2024, dated 17th July, 2024]

8. MCA waives of additional fees on filing of IEPF e-forms due to migration to MCA V3 portal: In view of the transition of forms from MCA 21 V2 to MCA 21 V3, the MCA has waived additional fees on the filing of various IEPF e-forms (IEPF -1, IEPF-1A, IEPF-2, IEPF-4) and e-verification of claims filed in e-form IEPF-5 till 16th August, 2024. Similarly, a one-time relaxation for filing e-verification has also been provided till the said date. [General Circular No. 06/2024, dated 16th July, 2024]

III. SEBI

1. SEBI raises ‘Basic Services Demat Account’ limit from ₹2 lakh to ₹10 lakh: Earlier, SEBI provided a “Basic Services Demat Account” (BSDA) facility for eligible individuals. Individuals can opt for BSDA subject to a condition that the value of securities held in demat account shall not exceed ₹2 lakh. SEBI has now raised this limit to ₹10 lakh. BSDA is a special category of demat account that can be opened/held only by individual investors subject to certain conditions. [Circular No. SEBI/HO/MIRSD/MIRSD-PoD1/P/CIR/2024/91, dated 28th June, 2024]

2. SEBI amends Stock Brokers Regulations: SEBI has notified an amendment to SEBI (Stock Brokers) Regulations, 1992. Accordingly, KMP and senior management of stock broker must put in place adequate systems for surveillance of trading activities & internal control systems to ensure compliance with all the regulatory norms for the detection, prevention & reporting of potential fraud or market abuse. [Notification No. SEBI/LA D-NRO/GN/2024/186, dated 27th June, 2024]

3. SEBI mandates email as default mode for dispatching CAS and holding statements by Depositories, MF-RTAs, and DPs: Considering the increasing reach of digital technology and to streamline the regulatory guidelines on mode of dispatch of account statements, SEBI has now decided that email shall be default mode of dispatch for Consolidated Account Statement (CAS) by Depositories, Mutual Fund – Registrar and Transfer Agents (MF-RTAs) and holding statement by Depositories Participant (DP). [Circular No. SEBI/HO/MRD-POD2/CIR/P/2024/93, dated 1st July, 2024]

4. SEBI reduces face value for private placement of debt securities / non-convertible preference shares to ₹10,000: SEBI has reduced the face value for issuing debt security or non-convertible redeemable preference shares on a private placement basis from ₹1 lakh to ₹10,000, subject to certain conditions. [Circular No. SEBI/HO/DDHS/DDHS-POD-1/P/CIR/2024/94, dated 3rd July, 2024]

5. L isted entities to publish a window advertisement in newspapers referring QR code & website link for Financial Results: SEBI has notified the SEBI (Listing Obligations and Disclosure Requirements) (Second Amendment) Regulations, 2024. Now listed entities are required to publish only a window advertisement in the newspapers that refers to a Quick Response Code and the link to listed entity’s website and stock exchanges, where such results are available and capable of being accessed by investors subject to certain conditions. [Notification No. F. NO. SEBI/LA D-NRO/GN/2024/189; dated 8th July, 2024]

6. SEBI amends REITs and InvITs Regulations; SEBI has notified SEBI (InvITs) (Second Amendment) Regulations and SEBI (REITs) (Second Amendment) Regulation, 2024. A framework for ‘unit-based employee benefit scheme’ has been inserted. As per the new framework, the unit-based employee benefit scheme must be in the nature of the employee unit option scheme. Also, SEBI has inserted a definition of “employee unit option scheme’ which refers to a scheme under which a manager grants unit options to its employees via employee benefit trust. [Notification No. SEBI/LA D-NRO/GN/2024/192 & 193, dated 9th July, 2024]

7. Insider trading restrictions for Mutual Fund units to be enforced from 1st November, 2024: SEBI has notified 1st November, 2024, as the effective date for the enforcement of norms relating to restrictions on communication about and trading by insiders in the units of mutual funds. Now an insider cannot trade in the units of a mutual fund scheme when in possession of UPSI, which may have a material impact on the net asset value of a scheme or on the interest of the unit holders of the scheme. [Notification No. SEBI/LA D-NRO/ GN/2024/195, dated 25th July, 2024]

IV. FEMA

1. RBI issues master direction on Overseas Investment

RBI had issued a new Overseas Investment Regime in August 2022 with Overseas Investment Rules and Overseas Investment Regulations. Further, RBI had also issued the Overseas Investment Directions as operational directions for AD Banks. RBI has now issued the Master Direction on Overseas Investment (OI). This Master Direction compiles the August 2022 Directions and the amendment in these directions made in June 2024. Like the earlier Directions, these are addressed to the AD Banks as instructions to be followed with a view to implement the aforesaid OI Rules and OI Regulations. It should be noted that unlike other Master Directions, this Master Direction only compiles the OI Directions and amendments thereto. It does not cover the OI Rules and OI Regulations and thus does not act as a stand-alone comprehensive document. Those referring to this Master Direction should refer to the OI Rules and OI Regulations too for a complete understanding of all the applicable provisions.

[FED Master Direction No. 15/2024-25 issued on 24th July, 2024]

2. RBI restricts FPIs from investing in new 14-year and 30-year G-Secs under Fully Accessible Route

Earlier, RBI vide circular dated 30th March, 2020, introduced the ‘Fully Accessible Route’ (FAR), where certain specified categories of Central Government securities (G-Secs) were opened fully for non-resident investors without any restrictions, apart from being available to domestic investors. RBI has now excluded the government securities of 14-year and 30-year tenors from the FAR for investment by foreign portfolio investors (FPIs). Existing stocks of these Government Securities shall continue to be available under the FAR for investments by non-residents in the secondary market. Further, investments by FPIs in new Government Securities of these tenors will be as per investment limits prescribed under Directions to Schedule 1 to the Foreign Exchange Management (Debt Instruments) Regulations, 2019 as also the ‘Voluntary Retention Route’ (VRR) for FPIs.

[Circular No. RBI/2024-25/56 FMRD. FMID. MO. 03/14.01.006/2024-25 dated 29th July, 2024]

3. RBI allows non-residents to trade Sovereign Green Bonds in IFSC

RBI has notified an amendment to Schedule 1 of FEM (Debt Instruments) Regulations, 2019. Now, persons resident outside India can purchase / sell Sovereign Green Bonds issued by the Government of India by maintaining a securities account with a depository in IFSC in India. The amount of purchase consideration must be paid out of inward remittance from abroad via banking channels or out of funds held in a foreign currency account maintained in accordance with the regulations issued by the RBI and / or the IFSCA.

[Foreign Exchange Management (Debt Instruments) (Third Amendment) Regulations, 2024, Notification No. FEMA.396(3)/2024-RB]

Representations

BCAS as an organisation has always been pro-active in voicing the opinion of its members and community at large and has been one of the important stakeholders of the policy makers. The Society made two representations before the Finance Ministry and CBDT Chairman in the last month.

Pre-Budget Memorandum for Finance Act, 2024:

A Pre- Budget Memorandum- 2024-25 offering various suggestions was presented before the Finance Ministry. Some of the salient suggestions included were:

  •  Reducing the maximum tax rate of 30 per cent for individuals;
  •  Reinstating medical reimbursements up to ₹50,000/- for salaried employees;
  •  Increasing the threshold limit for payment of advance tax from ₹10,000/- to ₹1,00,000/-;
  •  Bringing back weighted deduction of 150 per cent for in-house Research and Development expenditure to promote innovation;
  •  Raising the exemption limit u/s. 54EC from ₹50 lakhs to ₹2 crore.

The recommendations offered in the memorandum were to simply tax compliance, reduce the financial burden on individuals and promote overall growth.

Readers can read the entire representation by scanning the QR Code or by clicking this link
https://bcasonline.org/wp-content/uploads/2024/06/BCAS-Pre-Budget-Memorandum-2024-25-.pdf

Representation for rectification of errors in the E-filing utility:

A lot of members were facing issue with incorrect application of rebate u/s. 87A for various special rate incomes by the Income Tax E- filing utility which was contrary to legislative provision. A representation is filed on 18th July, 24 for rectifying the faulty ITR e-filing utility urgently before the due date of filing of returns of income i.e. 31st July, 2024. It was recommended in the representation that immediate action be taken for rectify these utility errors so as to align the same with the legal provisions and issue a clear clarification regarding applicability of section 87A to avoid such uncertainties in future.

Readers can read the entire representation by scanning the QR Code or by clicking this link
https://bcasonline.org/wp-content/uploads/2024/07/Representation-to-FM-and-CBDT-18.07.2024.pdf

 

Book Review

Title of the Book: THE ANTHOLOGY OF BALAJI THE CFO LENS:

HOW TO THRIVE IN THE FAST-CHANGING WORLD OF FINANCE

Author: R. RAVIKUMAR

Reviewed by V KUMARASWAMY1

THE CFO LENS, written by Mr Ravikumar (ex-CFO of IBM India), based on discussions with several senior CFOs in the country, is as brilliant as educative, and the discussions are both lucid and practical. I wish I had got this to read when I started my career and once midway through it when I was groping in the dark on where next to go and, more importantly, what to do personally to get there.

The book starts with a welcome emphasis on finance teams using stories and experiences for building convincing arguments when working with business and finance colleagues. Weaving stories around numbers and looking at them from the listener’s perspective can help avoid friction within the organisation. The section of the book on building business acumen will surely help finance professionals position themselves properly and chalk out steps for further self-development and career growth. The contents are a fine illustration of the customer-first approach by the finance function.

The three chapters on managing financials better deal with costs, capital expenditure and balance sheets. The chapter on costs is superb, reminding the reader about some forgotten essentials of the function. Readers would do well to go over it carefully.

The many anecdotes used are very well summarised; the subplots don’t derail the main flow at any stage. They are purposefully handled. So are the experiences of other CFOs whose experiences have been woven well — educative, not overwhelming. A good mix of examples — more from the Indian context is welcome and will make the reader connect more easily with the content.

The topics covered, like handling risks, how business leaders look at things, data visualisation, etc., are more apt for someone in senior or senior middle functions of finance. Being aware of these at a much earlier stage in one’s career would help both the employer and the employee. Whatever the level to which the chapters are appropriate, the basics have been explained well enough for someone junior to start baby steps in following them.

The stories about the birth of Netflix, the disastrous experience at -cross-selling at Wells Fargo and multi-dimensional selling at IBM present to the reader the many ways in which one can win the customer beyond just the price. The examples used of TVS Motors’ persistent push for credit rating to open the doors for bank funding for dealers and Ola’s relentless pursuit till they found an optimal solution told in an impactful way. There are many more examples to hold your interest.

The last section of the book on digitalisation is more about how to use technology for financing core functions rather than about extensions like data mining, technology-enabled optimisation, and expanding the markets for sourcing finance or placing funds. Perhaps the author would add a chapter on this in his revisions. A specific chapter on how to use the book’s nuggets in career planning and planning organisation training programmes would add immense value.

The book is the closest one can get to a practical guide for making the finance professional more productive and effective in the emerging world of finance. It should ideally be made a compulsory reading for all budding finance and accounting professionals and for those who are in mid-career as a refresher. It will surely make their career more satisfying, helping them deliver better value to the organisations, and increase the likelihood of reaching greater heights in general management. I strongly recommend it.


1 Ex-CFO JK Paper; Author of Making Growth Happen in India.

Miscellanea

1. TECHNOLOGY

#Experts Suggest Crowdstrike Update Behind Global Outage Likely Skipped Key Checks

Security experts have indicated that CrowdStrike’s routine update of its widely used cybersecurity software, which led to a global system crash on Friday, apparently did not undergo sufficient quality checks before being deployed. The lack of thorough testing is believed to have contributed to the widespread disruption affecting clients’ computer systems worldwide.

According to a report by Reuters, the recent update to CrowdStrike’s Falcon Sensor software was intended to bolster security for clients by refreshing the list of threats it protects against. Unfortunately, the update contained faulty code, which triggered one of the most significant tech outages in recent years. This disruption affected numerous companies relying on Microsoft’s Windows operating system, leading to widespread system crashes and operational issues.

“What it looks like is, potentially, the vetting or the sandboxing they do when they look at code, maybe somehow this file was not included in that or slipped through,” said Steve Cobb, chief security officer at Security Scorecard, which also had some systems impacted by the issue.

The massive disruption to Microsoft systems has included flight delays and cancellations, as well  as impacting hospitals, banks, supermarkets and millions of businesses.

Close to 7,000 flights were cancelled globally on Friday—equating to 6.2 per cent of all scheduled flights, according to Aviation analytics firm Cirium.

Patrick Wardle, a security researcher specialising in operating system threats, identified the code responsible for the outage. He explained that the issue lay in a file containing either configuration details or signatures—code used to detect specific types of malicious software or malware.

Wardle noted that it is common for security products to update their signatures regularly, often daily, to continuously monitor for new malware and ensure protection against the latest threats.

Wardle suggested that the frequent nature of updates might explain why CrowdStrike did not test this particular update as thoroughly. It remains unclear how the faulty code was introduced into the update and why it was not detected before being released to customers.

Other security companies have faced similar issues in the past. For example, McAfee’s problematic antivirus update in 2010 caused hundreds of thousands of computers to stall.

(Source: International Business Times – By Litty Simon, dated 21st July, 2024)

2. SPORTS

#Paris Braces For ‘Most Incredible’ Olympics Opening Ceremony

Thousands of athletes are set to sail through central Paris on Friday during an unprecedented and high-risk Olympics opening ceremony that will showcase the country’s hugely ambitious vision for the Games.

The parade on Friday evening will see up to 7,500 competitors travel down a six-kilometre (four-mile) stretch of the river Seine on a flotilla of 85 boats.

Compared to the Covid-blighted 2020 Tokyo Olympics, which were delayed by a year and opened in an empty stadium, the Paris show will take place in front of 300,000 cheering spectators and an audience of VIPs and celebrities from around the world.

“Tomorrow you will have one of the most incredible opening ceremonies,” French President Emmanuel Macron promised at a pre-Games dinner for heads of state and government at the Louvre museum on Thursday evening.

The line-up of performers is a closely guarded secret but US pop star Lady Gaga and French-Malian singer Aya Nakamura—the most listened-to French-speaking singer in the world—are rumoured to be among them.

It will be the first time a Summer Olympics has opened outside the main athletics stadium, a decision fraught with danger at a time when France is on its highest alert for terrorism.

For months, organisers have been dogged by questions about whether they would need to scale back or move the procession, but they had insisted throughout that there was no plan B.

A huge security perimeter has been erected along both banks of the Seine, guarded round-the-clock by some of the 45,000 police and paramilitary officers who will be on duty on Friday evening.

Another 10,000 soldiers are set to add to the security blanket along with 22,000 private security guards.

“Without any doubt, it is much more difficult to secure half of Paris than to secure a stadium, where you have 80,000 people and you can frisk them and send them through turnstiles,” Frederic Pechenard, an ex-director general of the French police, told AFP.

Police snipers are set to be positioned on every high point along the route of the river convoy, which is overlooked by hundreds of buildings.

An assassination attempt on US presidential candidate Donald Trump on 13th July has focused minds.

Armed officers will also be on the boats, a security source told AFP.

The Israeli and Palestinian teams will be given extra protection, with the tensions caused by Israel’s offensive in Gaza, where nearly 40,000 people are estimated to have died, already spilling into the Games.

Organisers will be on guard against fresh protests on Friday evening after the Israeli football team’s first match on Wednesday was marked by the waving of Palestinian flags and the booing of the Israeli anthem.

The opening ceremony is likely to define the mood for the rest of the 26th July–11th August Games, which organisers have pledged will be “iconic”.

Around 3,000 dancers are set to perform from the banks of the river and nearby monuments, including Notre-Dame cathedral, in a show that will promote diversity, gender equality and French history.

The landmarks and architecture of the City of Light, one of the world’s best-loved destinations, is set to feature as a backdrop both to Friday night’s show and much of the sport afterwards.

“The opening ceremony is a huge event and one that, arguably, sets the tone for the next 17 days,” Hugh Robertson, the minister charged with delivering the 2012 London Olympics, told AFP recently.

(Source: International Business Times by Adam Plowright, dated 25th July, 2024)

3. HEALTH

#People Now More Mindful of Health and Natural Healing After Worldwide COVID Crisis, Says Global Healing Founder

The COVID-19 pandemic was the worst health crisis the world has faced in the past century, resulting in more than 7 million deaths. The early days of the pandemic were also some of the scariest for people, and the only surefire way to deal with the disease was to avoid getting infected and to strengthen one’s immune system to fight off the virus.

While the worst days of the pandemic are over and life has returned to almost normal, many people still remember the fear and uncertainty it caused, with a study finding that 60% of consumers are now more conscious of preventing health problems through adopting a healthier lifestyle using more natural solutions.

People are now more aware of the importance of whole-body wellness, and they are more open to doing their own research. However, this trend has also led to the proliferation of misinformation, spread by groups or individuals who want to make a quick buck. This is why there is a great need for information and products that are supported by scientific research.

For more than 25 years, Global Healing has been helping health-conscious individuals build a self-healing body and thrive in a lifestyle that aligns with nature’s design through science-backed products and education.

With a philosophy of cleansing the body of accumulated toxins and embarking on a personalised wellness journey, Global Healing was built on the idea that everyone, everywhere, should have access to research-backed health information and personal control over their health outcomes.

Global Healing

According to Global Healing Founder, Dr Edward F Group III, DC, NP, the growing health consciousness of people and the accompanying spread of misinformation has strengthened the need for Global Healing to uphold and improve its already-high standards and maintain the integrity of the market.

This begins with education, with Global Healing dedicated to teaching the community how to address the root cause of disease with a holistic approach and allow the body to heal itself.

Its website contains a wealth of articles discussing various health topics, and it is active on its various social media accounts, sharing knowledge about how people can become the healthiest, strongest, best versions of themselves. Dr. Group has also authored multiple books on health and holistic medicine.

“Global Healing sets the bar for discussions and developments in our industry with valuable insights, reliable guidance, and thoughtful perspectives,” he says. “We advocate for a holistic lifestyle that promotes whole-body wellness, such as natural remedies over pharmaceuticals, mindfulness practices over mind medications, exercise over diet pills, and
sleep over caffeine.”

Dr. Group believes that, as part of the natural wellness industry, it is Global Healing’s responsibility to provide correct and up-to-date information to its customers. He looks at things through the eyes of the customers, who are looking up information about various supplements, vitamins, detoxes, or cleanses because they’re concerned about something in their body, whether it’s their gut and digestive health, respiratory health, mental wellness, or any other component of health.

Across its wide array of products, Global Healing has maintained its dedication to quality and purity, sourcing botanicals from small farms. Many of its sources are certified USDA-organic, GMO-free, and vegan. The company also implements strict quality control procedures, with a rigorous testing process that involves both internal and third-party testing.

It hand-reviews every batch of ingredients, choosing only those that meet its stringent specifications for proper plant identification, potency levels, microbial presence, and heavy metal content.

Through its proprietary Raw Herbal Extract™ technology, Global Healing does not use heat, alcohol, or harsh chemicals in processing ingredients, resulting in a raw, all-natural, pure, and potent formula. Furthermore, all its equipment that comes into contact with the products does not use plastic, protecting it from contamination with potentially toxic compounds.

Dr. Group believes that the growing interest in all-natural and holistic health will result in more scrutiny of companies in this industry, and this is a great thing. With more attention placed on the industry, there will be more demand to improve standards.

“The COVID pandemic forced everyone to give more thought to their health, and people are getting smarter and smarter,” Dr Group says. “I’ve observed that they are holding companies to a higher standard and are more conscious about what’s in the food they eat and the air they breathe. ”As public demand for better and more natural health solutions grows, corporations will be held more accountable for how they process things and what they put into their products.

”People are demanding to know more, and they won’t fall for the smoke and mirrors. In this evolving market, Global Healing is dedicated to providing science-backed cleansing regimens and premium supplements that nurture the body’s innate ability to heal from within.”

(Source: International Business Times by Karcy Noonan, 11th July, 2024)

Statistically Speaking

1. Rise In Resident Millionaires’ Population By Country

Source: Henley Private Wealth Migration Report 2024

2. India’s Import And Export Trade With The World (In INR Billion)

Source: Department of Commerce

3. India — A Key Contributor to Global Migration

Source: OECD Economic Outlook

4. Rise in Electronic Manufacturing in India

Source: India Cellular and Electronics Association (ICEA)

5. Countries that own the most gold

Source: World Gold Council (as on Q1 of 2024)

Learning Events at BCAS:

SOCIAL OUT-REACH INITIATIVES:

Round Table discussions on Viksit Bharat:

The Finance, Corporate and Allied Laws Committee (FC&AL) of the Bombay Chartered Accountants’ Society (BCAS) organized two round table discussions on Viksit Bharat: Ideas and Suggestions in July 2024. The aim was to gather insights from experienced Chartered Accountants and promising young professionals to contribute to Prime Minister, Shri Narendra Modi’s vision to make a Viksit Bharat by 2047. The first round table discussion was held on Saturday 6th July 2024 at the International Fiscal Association – India Branch in BKC, Mumbai where eminent Chartered Accountants shared their perspectives on various aspects of public policy and economic development crucial for India’s progress. The second roundtable discussion took place on Saturday 20th July 2024 at ATLAS SkillTech University, Mumbai. This event brought together top-ranking CA Finals and Intermediate students, along with MBA students, to provide a fresh perspective on India’s future.

MOU with Bombay Industries Associations (BIA):

The Society entered into a collaboration agreement with BIA on 18th July 2024 under which both bodies of eminence will mutually collaborate by leveraging strengths and enabling commerce. In this one of its kind partnership, both organizations, with 75 years of history, will combine their resources and capabilities towards collaborative learning opportunities, advocating for ease-of-businesses, offering policy suggestions, and engaging members from both associations with an aim to reinforce the overall economic structure.

BCAS Membership Survey:

Our members are at the centre of everything we plan and do. The Society believes in delivering high-quality professional experience for our members and community at large. Keeping that in mind, BCAS conducted a Membership Survey on 16th July, 2024 and received an overwhelming response. We thank our beloved members for participating in the survey. Some of the statistics of the survey are as follows:

  •  Relevance of Topic at BCAS Learning Events —Average rating 4.4
  •  Quality of Speakers and Content at BCAS Learning Events: Average rating 4.3
  •  Format of BCAS Learning Events- Average rating 4.1
  •  Venue, Food, and other logistics at BCAS Learning Events — Average rating 3.9
  •  Pricing for BCAS Learning Events — Average rating 3.9

The Society has also received many well thought suggestions from the members in the survey, and we shall strive to take that into consideration in our future activities.

Social Media Reach:

The Society has been striving to increase its reach to professionals and society and large and social media has been one of the relevant tools of current times to achieve the same. We are happy to announce that we have crossed 10,000 followers on Linkedin. Our Whatsapp channel is also live and within two days we have crossed 1000 followers. With these, our overall social media spread has reached 57,189 followers and counting.

BCAS WhatsApp Chatbot:

In a constant endeavour to bring ease to our members, the Society is delighted to introduce its own Whatsapp Chatbot. Now, all our members and non-members can access and register for BCAS events and other activities through the ease of WhatsApp. Readers can explore the chatbot by sending a simple Hi on the chatbot number — 9082634642 to get started.

LEARNING EVENTS AT BCAS:

1. 76th Founding Day Lecture Meeting on Viksit Bharat — Role of Accounting and Finance Professionals held on 6th July, 2024 at ITC Grand Central Hotel Parel.

The 76th Foundation Day of the Society was marked by a significant event, featuring an interactive talk with the esteemed Padma Bhushan Shri K. V. Kamath. The topic, ‘Viksit Bharat — Role of Accounting and Finance Professionals,’ is a testament to the evolving landscape of India’s economy and the pivotal role that accounting and finance professionals play in it. Shri Kamath, with his extensive experience spanning over five decades, provided invaluable insights into India’s journey towards becoming a developed nation. As an inter-generational witness of India’s transformation, his dialogue with CA Raman Jokhakar, past president of the Society, highlighted the transformative changes that technology brought and the contribution of the Country’s infrastructure development plan, reflecting on the progress and the road ahead for India. He broadly spoke about the following.

Role of CAs: Since his early days at ICICI in 1971, Shri Kamath has witnessed first-hand the pivotal role of Chartered Accountants in shaping financial strategies and strengthening accounting practices. He reminisced about his experience in 1980, when he was leading a standalone division at ICICI acknowledging how chartered accountants assumed the role of technology architects in bringing technology to ICICI. Shri Kamath stated that people in the accounting and finance professions have to be leaders in absorbing and leveraging technology in a bigger way. According to Shri Kamath, the role of Chartered Accountants is going to be closely interwoven with technology for in the next 25 years, it will be difficult to differentiate between where the accounting stops and the technology comes in. He further stated that CA’s are the conscious keepers for the companies, Government and the public at large. That role is going to be more important as we go along with the new technology. He also emphasized the necessity of setting one’s mind on skilling and upskilling and getting everybody’s mindset aligned towards the technology part of the profession.

Learnings from the past: Talking about his learnings from driving and executing IT in ICICI, he said that the integration of technology into ICICI Bank’s operations between 2000 and 2005 marked a transformative era in Indian banking. The introduction of ATMs and the centralization of back-office operations, along with the establishment of call centres, significantly reduced the volume of in-branch transactions. He acknowledged that between 2020 and today, it has virtually revolutionized the way payments are made by individuals and corporations NPCI and QR technologies are taking over.

Characteristics of Viksit Bharat: On being asked about the characteristics/features of Viksit Bharat, he said that Viksit Bharat envisioned as a developed India, is characterized by its focus on rapid infrastructural growth, mirroring the transformative journeys of Japan, the Asian Tigers, and China. This vision is embodied in Mumbai’s current infrastructure projects like MTHL (Atal Setu), Eastern Freeway, and various metro and coastal road projects. According to Shri Kamath this seamless development will happen in every city, and town and will pervade down to every village and that according to Shri Kamath, will be a very visible sign of Viksit Bharat. He further explained that the infrastructure becomes the first building block as it adds to GDP during the implementation phase becoming the first ‘virtuous cycle’ leading to economic utilization of the said infrastructure in the next 15-20 years. With the fruits of infrastructure reaching every corner of the country, wealth will increase which will lead to more consumption leading to a second virtuous cycle.

Growth Rate and Per Capita Income: Speaking about the 10 per cent aspirational growth rate, and higher per capita income, Shri Kamath highlighted that given the size of the population, India has no challenge to put up new infrastructure for the next 25 years and put the same to utility. The country has had an agenda for over 20 years that provides momentum for sustainable development. The mark of 8-10 per cent is the combination of growth driven by infrastructure, consumption and other constituents like services, agriculture etc. In his view, the country should have a goal of achieving a growth rate of 8 per cent and a 25 trillion economy by 2047. According to him, funding is not a challenge today. It’s also not true to say that the private-sector capex cycle is not happening. With improvement in cash equivalence, and with very minimum access to borrowings, companies are now investing in themselves on a just-in-time basis without waiting for demand to develop. The new indicator of capital expenditure is therefore the increase in the gross fixed assets and capital working progress and not bank lending.

YouTube Link:
https://www.youtube.com/watch?v=OxSpLouU8Iw

QR Code:

2. Suburban Study Circle meeting held on Friday, 12th July, 2024 @ Bathiya & Associates LLP Andheri.

The meeting was held on Friday, 12th July, 2024 at Bathiya & Associates LLP Andheri. The meeting was led by Group Leader — CA Amit Purohit. CARO 2020 represents a significant shift in the audit reporting landscape, with enhanced requirements aimed at improving transparency and accountability. While these changes present challenges, they also offer opportunities for auditors to add value through more detailed and insightful reporting.

Key discussions in the meeting were about:

  •  Property, Plant, and Equipment: Detailed disclosure regarding title deeds, revaluation, and proceedings involving Benami Property.
  •  Inventory and Working Capital: Reporting on discrepancies of 10 per cent or more in the aggregate of each class of inventory.
  •  Loan Advances and Guarantees: Scrutiny of loans, guarantees, and advances to related parties, including reporting on terms, conditions, and repayment status.
  •  Fraud Reporting: Specific requirements to report any fraud noticed or reported during the year, including actions taken by the auditor. Ensuring the accuracy and completeness of data, especially for inventory and property, can be challenging.
  •  Internal Audit System: Reporting on the existence and effectiveness of an internal audit system. The detailed nature of the new requirements means auditors must perform more comprehensive and in-depth audits.
  •  Maintaining detailed documentation to support the new disclosures is essential but time-consuming.

The group leader shared practical insights to help auditors navigate these challenges and emphasized the importance of ongoing learning and adaptability in the ever-evolving field of audit and assurance.

3. International Economics Study Group meeting on the topic of ‘Analysing Parliament Election Results of 2024’

The meeting was held on Tuesday, 2nd July 2024 through a Virtual platform by Group Leaders CA Harshad Shah and CA Pramod Jain. The unexpected outcome of India’s 2024 election has reasserted the unpredictable nature of its politics — and the strength and resilience of our democracy. The BJP’s significant drop of 63 seats marked a return to coalition politics, presenting significant challenges in parliament. The passage of bills will require substantial compromise, a stark contrast to the previous government’s majority passing. There is no clear sign of pan-India anti-incumbency, especially on the economic front. Mr Jain shared his views on inequality, highlighting ten areas of disparities. He questioned whether Indian democracy will ever mature and emphasized the role of professionals as the “fifth pillar” for the success of Indian democracy.

4. Lecture Meeting on ‘Obligations of Chartered Accountants under PMLA’.

The lecture meeting on “Obligations of Chartered Accountants under PMLA” jointly with the National Institute of Securities Market (NISM) was held virtually on Friday 28th June 2024. More than 200 participants attended the webinar. The lecture was delivered by Mr. Krishnan Vishwanathan. The key takeaways of the session are:

  •  Under PMLA it is an offence to assist in money laundering, and accountants may be responsible for detecting and preventing it, especially regarding predicate offences like bribery.
  •  Only those professionals holding a Certificate of Practice from ICAI, CWA, or ICSI and conducting activities like managing client money or property are obligated to comply with PMLA.
  •  Documentation of AML policies and procedures is crucial to avoid penalties, and these include client acceptance methodologies.
  •  Procedures for periodic reviews and client’s due diligence are essential under PMLA.
  •  Extra caution is needed when dealing with clients in Tax Havens due to the increased risk of money laundering and tax evasion. One has to be aware of beneficial ownership structures, shell companies, and politically exposed persons (PEPs).
  •  Reporting to the Financial Intelligence Unit (FIU) is required, but only for truly suspicious activities with documented justification to avoid overwhelming the authorities.
  • Training for employees and maintaining records for five years are mandatory.
  •  Chartered Accountants can play a role in identifying proceeds of crime like unexplained cash or suspicious accounting entries.
  •  Chartered Accountants need to be cautious when offering professional services, especially certifications or acting as collection centres, to avoid indirectly facilitating money laundering.

BCAS Lecture Meetings are high-quality professional development sessions which are open to all to attend and participate. The readers can view the lecture meeting at the below-mentioned link/code:

YouTube Link:
https://www.youtube.com/watch?v=DJDX-mic1tw&t=19s

QR Code:

5. FEMA Study Circle Jointly with ITF Study Circle meeting on ‘Cross Border Structuring for Individuals — FEMA and Tax Implications’

The meeting was held on 13th June, 2024, at BCAS in hybrid format. The following relevant points were discussed in the meeting by the group leader — CA Bhavya Gandhi:

  •  Key considerations for cross-border structuring include compliance with FEMA regulations and adherence to Indian tax laws.
  •  Outbound investments must follow the Liberalized Remittance Scheme (LRS) limits and reporting requirements.
  •  Tax residency status of the individual significantly impacts global income tax liabilities.
  •  Proper documentation and valuation are essential to avoid penalties and ensure legal compliance.
  •  Double Taxation Avoidance Agreements (DTAA) should be leveraged to minimize tax burdens.
  •  Repatriation of funds to India requires careful planning to ensure compliance with both FEMA and tax regulations.
  •  Estate planning and inheritance tax implications must be considered in cross-border structuring.
  •  Continuous monitoring and review of the structure are necessary to adapt to any regulatory or tax law changes.

The meeting was attended by 79 members and was well appreciated.

6. Suburban Study Circle Meeting on “Income Tax Aspects of Redevelopment of Society”.

The meeting was held on 05th May and 23rd May, 2024 at Golden Delicacy, Borivali (W)led by CA Sharad Sheth as Group Leader and chaired by CA Nihar Jambusaria and discussions were spread over two sessions.

Group Leader prepared an interesting list of various situations arising in the redevelopment of the Housing Society and shared their views on the following:

  •  When does the transfer of capital assets arises.
  •  Income tax liability on transfer of tenancy right.
  •  When does the benefit of section 45(5A) be availed.
  •  When can exemptions under sections 54 and 54F be claimed.
  •  Analysis of various caselaws on the relevant topic.

The session was thought-provoking with comprehensive discussion on practical issues faced. The session saw lively engagement from 55 + participants and the interactive nature of the discussion enriched the experience of everyone involved.

7. Indirect Tax Laws Study Circle on ‘Export Driven Custom’s Schemes — MOOWR, AEO — Benefits from Customs Perspectives’

The meeting was held virtually on Thursday, 23rd May 2024. The key discussions are done by the Group Leader — CA. Shravan Gehlot, Chennai and Group mentor —Adv. Vikram Naik, Mumbai were as follows:

  •  Manufacturing & Other Operations in Warehouse (MOOWR)
  •  The application and registration process for availing the benefits and covered the key benefits, customs norms for activities in the warehouse and who must opt for the same.
  •  The Authorised Economic Operator (AEO) scheme.
  •  The AEO road map in India since 2001, eligibility criteria, benefits for importers as well as exporters, Customs clearance norms, registration & post registration compliances and other key considerations.
  •  The professional opportunities for the Chartered Accountants in the MOOWR and AEO Scheme.

Around 50 participants all over India benefitted while taking an active part in the discussion on the 2 FTP Customs Schemes.

8. Indirect Tax Laws Study Circle meeting on ‘Issues in Logistic Sector’

The meeting was held virtually on Tuesday, 14th May 2024 Group leader — CA. Darshan Ranavat had prepared case studies and a presentation covering various issues & challenges faced by taxpayers in the Logistic Sector under the GST law. The session was mentored by CA. A R Krishnan. The case studies covered the following aspects for detailed discussion:

  1.  Taxability of clearing & forwarding agents including the claim of pure agent benefits.
  2.  Issues relating to classification and RCM concerning the vessel charter business.
  3.  Issues relating to classification and place of supply concerning the freight forwarding business.
  4.  Issues relating to services provided by GTA to GTA.
  5.  Specific issues in services provided to SEZ

Around 65 participants all over India benefitted by taking an active part in the discussion.

75th Annual General Meeting and 76th Founding Day

The 75th Annual General Meeting of the BCAS was held on Saturday, 6th July, 2024 at ITC Grand Central Hotel, Ballroom Ground Floor, 287, Dr Baba Saheb Ambedkar Rd, Parel, Mumbai – 400012.

The President, Mr. Chirag Doshi took the chair and called the meeting to order. All the business as per the agenda contained in the notice was conducted, including the adoption of accounts and appointment of auditors.

Mr. Mandar Telang, Hon. Joint Secretary, announced the results of the election of the President, the Vice-President, two Honorary Secretaries, the Treasurer and eight members of the Managing Committee for the year 2024–25.

The following members were elected unopposed for the year 2024–25:

Dr CA Mayur Nayak, Editor of the BCAJ, announced the ‘Jal Erach Dastur Awards’ for the Best Article and Best Feature appearing in the BCA Journal during the year 2023–24. The ‘Best Article Award’ was awarded to CA Bhavya Gandhi & CA Naresh Ajwani, for their article ‘Liberalised Remittance Scheme — How Liberal it is? (An Overview and the Recent Amendments’. The ‘Best Feature Award’ went to CA Jagdish Punjabi, Adv. Aditya Bhatt & Adv. Devendra Jain for ‘Tribunal News Part A — Domestic Taxation’. The Editor then announced the ‘S V Ghatalia Foundation Award’ for the ‘Best Article on Audit’. The award went to CA P R Ramesh for the article ‘Future Audit: The Transformation Agenda’.

Before the conclusion of the AGM, members, including Past Presidents of the BCAS, were invited to share their views about the Society.

The July 2024 special issue of the BCA Journal on Bharat and BCAS — The March towards a Centenary was released by the Chief Guest – Padma Bhushan Shri K.V. Kamath.

At the end of the formal AGM proceedings, the 76th Founding Day Lecture was delivered to a packed auditorium. Members and attendees benefitted from the astute deliberation on Viksit Bharat – Role of Accounting and Finance Professionals by Padma Bhushan Shri K.V. Kamath. The meeting formally concluded with CA Kinjal Shah thanking the speaker for sharing his visionary thoughts on a relevant topic with the attendees.

[The video of the lecture can be accessed on the BCAS YouTube Channel, and a Report on the Founding Day lecture is provided in the ‘Society News’ section of this journal.]

OUTGOING PRESIDENT’S SPEECH

Chirag Doshi- “As we celebrate the momentous occasion of the 75th anniversary of the Bombay Chartered Accountants Society (BCAS), we reflect on a rich legacy of excellence, integrity, and innovation. Over these seven and a half decades, BCAS has consistently strived to uphold the highest standards in the profession, fostering a community that values continuous learning and ethical practice. This year, we take pride in commemorating our journey, marked by significant milestones and transformative contributions to the field of chartered accountancy.

5-year plan

Starting this year, the BCAS Managing Committee has initiated the presentation of a comprehensive 5-year plan for the Society. This strategic plan aims to enhance the Society’s reach, foster professional development among its members, provide ample networking opportunities, advocate for important causes, empower the youth through Yuva Shakti initiatives, and drive impactful change through the Chartered for Change program. This endeavour marks a significant step forward in shaping the future trajectory of BCAS and its contributions to the accounting profession.

New initiatives

1. Reach — Social media, Print media, hoarding, new paper ads, outstation meetings. MODI letters, invitees to various meetings before the budget, C&AG, Dubai branch, Abu Dhabi branch, Rakeez authorities, AAA association, MSME panel, jointly with IMC maximum events, BIA felicitation.

2. Professional development — Adaan Pradhan 75 mentees in a year, CAMBA, various Seminars on technology, International webinars, Seminar on FIAS standards, 75 hours duration course on Accounting and Auditing, Professional accountancy courses, International Women’s Day Celebrations – ‘Present Positive = Future Ready’, Full Day Workshop — Use of Technology in GST Compliance

3. Networking — BCAS engage platform, Pan India Networking events for members, RRC and other events had networking focus initiatives, NFC cards at reimagine

4. Advocacy / Research and publications – 1. KYC 2. IND AS 3. Representation to charity commissioners 4. 75 Laws Relevant to Direct Taxes

5. Yuva Shakti – Tarang, JhanCAr was back with a bang and maximum participation, CAMBA, Digital branding seminar, BCAS youth WhatsApp group

6. CA for Change — Digitalisation of schools, science labs, computer labs, BCAS Van.

Various other events: More than 75 events in one year were organized including Lecture Meetings on current topics, webinars, outstation meetings, RRCs, NRRC, student events, study circle meetings, workshops, seminars and non-technical sessions and events

Reimagine – The 75th year ……..

Journey of Re-Imagine: Started in February 2023, when 2 committees were formed the technical committee led by Past presidents — Shariq Contractor, Anil Sathe, Abhay Mehta and the celebrations committee led by Pranay Marfatia, Uday Sathaye and Narayan Pasari. I remember attending my first president’s meeting (many call them mothers-in-law, I call them my biggest supporters and guides), there were big thoughts and expectations in the eyes of each of the Presidents. Despite the big responsibilities they had put on my shoulders, they also had kept their both hands on my head. Post that I spoke to my OB team about the big bash in the year we can achieve and only one common word came we can and let’s go for it. The youth Managing Committee was all geared up to take their part in responsibilities and never even once hesitated for the task allocated to them. I just loved the power, enthusiasm and kuch kar gujarne ki chahat of this young and vibrant Office Bearers Team and Managing committee.

It was not as easy as it looked, 12 topics with no tax clauses, no case studies, no Accounting standards, no Auditing Standards, chosen by each committee of BCAS and the Technical team. 50+ Stalwarts Speakers 3 Padma accolades, 7 CFOs, 2 International Speakers, 2 Media Anchors, 5 Founders, several senior professionals, lawyers, capital market regulators and players, MBAs, bankers and venture capitalists, top-notch moderators and many more.

Friends, it was not as easy as it looked and was made by the celebration committee, opening ceremony, organising and arrangement for sponsors, souvenirs, managing seamless registration of 1200 professionals, 3 lunches, 2 dinners, family registrations, kits, speakers travel to stay and all other arrangements were so seamless.

It was not as easy as it looked, communications, pre-meetings, lounge interviews and engagement, use of technology like pigeon hole, the seamless sound and light support, graphics and timely changing of slides, adhering to minute-to-minute planning, social media push, 21+ journalists and 41+ media covering the event, no cancellation or delay of speakers.

Friends, it was the achievement of a miracle with the complete dedication of all of us together.The famous dialogue comes to my mind, Jab tum kisi cheez ko dil se chahete ho to sari kyanat tumara saath deti hai.

Thanking everyone,

First and foremost, I sincerely thank the Past Presidents, whose invaluable guidance and support have been instrumental to my effective functioning. I express my deepest appreciation to my Office Bearer colleagues for their unwavering support and active involvement in our planned activities. I am profoundly grateful to all the Managing Committee members, Trustees of the BCAS Foundation, Chairmen (Manish bhai, Abhay bhai, Nitin bhai, Deepak bhai, Sunil bhai, Rajesh bhai, Mayurbhai, Udaybhai, Ameet bhai, Mihir bhai and Co-Chairmen of the committees Anil bhai, Chetan bhai, Raman bhai, Nandita ben and Anand Kothari), convenors, coordinators, YUVA Shakti, students forum and core group members and the entire team of BCAS for their steadfast support across various initiatives. My special thanks to Nileshbhai Vikamsey, Raj Mullick, Manish Sampat, Sudhir Soni, Anil Desai, Anand Vashi, Rajaramji, Purvi Malani, Gautam Nayak and Gautam Shah for their support during Re-Imagine.

I also extend my heartfelt thanks to our Members, Subscribers, Speakers, Students, Social Media followers, Staff, Vendors, Donors, Sponsors, Printers of our publications, Service providers, Statutory and Internal auditors, Consultants, and Office Bearers of various sister organisations, Contributors to the journal, all of whom who have wholeheartedly supported our initiatives throughout the year. The success of our Society is a testament to your faith and patronage. At this moment I would like to thank my grandmother whom we lost this year at the age of 99, my father and my mother, my ever-supportive wife Khushboo and my all-time problem solver, my daughter Jhalak.

As we move forward, our focus must remain sharply attuned to understanding the evolving times and the needs of our members. I am confident that the newly elected President Anand Bathiya and his team of Office Bearers, the Managing Committee, and the Core Group will continue to uphold and advance the vision of the Society, further enhancing its legacy. I wish them every success in the coming year.

Jai hind! Jai BCAS!”

INCOMING PRESIDENT’S SPEECH

CA ANAND BATHIYA—

Excerpts from the address of the Incoming President (Scan here to watch the full video).

Youtube link: https://www.youtube.com/watch?v=rzW4eqHlIcY&t=1525s

“Good evening and a very warm welcome to this momentous and historical 75th AGM of our beloved Society.

A. Context

75 years is a very big milestone in the lifetime of an organization. The mere fact that an organization ‘survives’ for such a long period is in itself an exception, forget being a thriving, growing and vibrant organization like BCAS.

BCAS today is not just an organization but an Institution, an Institution that has stood the test of time and delivered on its promise exceedingly well.

It is a curious case of how a handful group of people who used to meet on Wednesdays today snowballed into a mammoth organization with members spread across 350+ towns and cities in India. With no regulatory powers, and no mandatory learning hours support, how is it that thousands of professionals each year look up to an organization as an epitome of Professional Development? The journey of BCAS is a textbook case study on Institution Building that outlives generations and continues to operates for its cause.

At this cusp of 75 years, we are celebrating durability, we are celebrating continuity, we are celebrating adaptability, and we are celebrating Longevity. It would be only right for us to reflect on what have been the real ingredients that shaped BCAS longevity as we see it today. What have been the differentiators that gave BCAS this longevity?

In these characteristics might also lie the answers to our future.

As I pondered through my journey at BCAS, first as an observer, then as a member, then as a Core Group Member and as an Office Bearer, I credit this longevity of BCAS to three distinct themes:

1. Selfless Volunteerism — Swayam Sevak

– High-quality volunteers working shoulder to shoulder for a greater purpose. The organization has somehow institutionalised the process of filtering committed volunteers, motivating, grooming and taking them up the ladder.

– When high-quality volunteers work with a ‘Seva’ mindset, it creates wonders.

– Volunteer-led selfless service of Seva has translated into Strong Successive Leadership that keeps the flag high.

– It is this combination of Swayam and Seva that has created the right Sanskaar at BCAS.

2. Staying relevant& building capabilities–Saksham

– There is constant urge in the collective consciousness at BCAS, to stay relevant and build capabilities.

– Be it around professional development challenges, having younger members, adopting technology or any such contemporary challenge.

– BCAS has over the years remained relevant and adapted to changing times.

– That organizational consciousness and alertness have held us high — The Sanskrit Subhashitam that we hold in our emblem – Na Bhaya Chasti Jagrata, is a reflection of this spirit. The one who is conscious and alert, need not fear.

3. Staying Focused & purposeful —Seem it

– Single-mindedness of purpose, remaining apolitical and not spreading ourselves too thin.

– At BCAS we realise our limitations as well, which is very important.

– It is unconventional but very deep to:

  • Opt for Stability over Growth.
  • Opt for Values over Value.
  • Opt for Commitment over Competence.
  • Opt for Depth over Breath.

– Sometimes being Best is more important than being Big.

These three pillars of Swayam, Saksham and Seem it have become our Swabhaavat BCAS.

We are built not for a sprint, but for a long marathon and better still a relay marathon. This has been our character; this has been our Swabhaav and it is this Swabhaav of BCAS that has allowed us to witness this beautiful day today.

It is from our Swabhaav that our Strengths and Weaknesses emerge, and it is in our Swabhaav that our Challenges and Opportunities lie.

B. My Journey at BCAS

Though my formal tryst with BCAS started as a Core Group member exactly 10 years before in 2014, my first engagement with BCAS started in 2011 when I was invited to speak at a session on IFRS in the year 2011. I distinctly remember, that I had my ICAI convocation on the same day, and a young convenor of the Accounting & Auditing Committee in the form of Manish Sampat called me to take up this session. We spoke and for whatever reason I chose to speak at the BCAS session and gave a pass to my convocation. And I jokingly tell people that I got convocated at BCAS.

The journey then continued with Power Summitsto then being again invited to present the first paper at the first Youth RRC held in 2013. This was the place where we made lots of friends Chirag, Kinjal, Mandar, Rutvik, Mahesh, Shreyas and many more who are now a part of the Managing Committee or Office Bearer pools.

It was in 2014 that Naushadbhai Panjwani inducted me to the Membership and Public Relations committee and I became a close on-looker to the inner functioning of the BCAS subsequently spending more time with the Corporate and Allied Laws Committee.

All through these 10 years, it’s been a journey of immense learning and realization both professionally as well as personally. Each passing day, month and year has been an occasion of tremendous learning and extreme satisfaction.

My father used to narrate a very nice story of 3 masons/construction workers. These 3 masons were working at a construction site. A passer-by comes and asks one mason,“Brother what are you doing?” The first mason replies, “I am laying a brick.” The passer-by walks on and asks the other mason, “Brother what are you doing?” The second mason replies, “I am making a wall”. The passer-by walks on and asks the third mason, “Brother what are you doing?” The third mason replies, that “I am making a temple”.

Throughout these 10 years, travelling through committees we had the privilege to pass through these stages where we visualised ourselves as ‘laying a brick’, to ‘building a wall’ and over the last year understanding the ‘Temple that we are building and supporting’ consciously or unconsciously.

So much so that over the last fortnight, me and Zubinbhai have had the privilege to attend 10 Committee meetings and those really opened up our understanding of the strength of BCAS and the Core Group. Imagine each of the chairpersons (who are much senior and much-established professionals) before they start the meeting, requested the President to provide ‘guidance’ on the year forward. To us, it was a lesson in humility and organization building.

When I was young, in our colony during Janmashtami, we had the Dahi-Handi festivities. I would be 9–10 years of age and they decided to make me the symbolic Krishna and decked me up with the robes, head gears etc. The seniors in the colony painstakingly made human pyramids, fell a few times but yet got up and finally when it was settled, popped me up to break the Dahi Handi. On that day I felt so much joy, so much sense of achievement that it was me and everyone clapped for me.

Today is a similar day, whilst I may have the symbolic pleasure of being appointed as the President, it is sitting on the strong shoulders of multiple past presidents and core group volunteers who have held the pyramid and laid the foundation.

It is completely to their wisdom, judgment and vision that we stand here today and I really hope and pray that we can make our community proud and live up to the high expectations.

C. Team and Plan for 2024–25

As they say, sitting on the shoulders of giants, we can see how far, we will use this occasion to move further in the coming year with our agenda of Professional Development. Fresh on the back of a very successful 75th year, we will further enhance the momentum that we gained in the last year.

In a voluntary setup like BCAS, there is no task that is easy ‘without’ the support of the Team and there is no task that is difficult ‘with’ the support of the Team. Over the last 45 days, we have worked towards assembling a committed Team that will enable realizing plans for the coming year.

In Zubin Billimoria, we have a formidable Vice President who brings decades of experience to the table, unmatched commitment and attention to detail.

In Kinjal Shah and Mandar Telang, we have a combination of strong capabilities and technological prowess to navigate us further. And now with the welcome addition of Kinjal Bhuta to the Office Bearers team, we have a very well-balanced Office Bearersteam with high execution capabilities.

Happy to share that we perhaps have an all-time young Office Bearers team, with an average age of 43 years, significantly down from the average age of 54 years just 5 years before.

The Managing Committee is our altar of governance as well as our reservoir of future leaders. It is this managing committee that is going to lead our Society through the glorious years of Amrit Kaal. We have consciously opted for continuity and this young team has gotten younger with the addition of Prajit Gandhi, who holds a lot of promise. The average age of MC today stands at 42 years, again down from 49 years 5 years before.

This year we had a lot of churnat chairmanship for 10 committees at BCAS. One of the years when we effectuated changes to chairmanship in 5 out of 10 committees. In another, we have a non-past president as a co-chairman in a Technical Committee as Rutvik Shanghvi takes the position of Co-Chairmanship of the very important International Tax Committee.

With many new additions to the Core Group as well, I remain confident of being in pole position to set sail into the Amrit Kaal for BCAS.

Last year we decided to move away from an Annual Thematic Plan to a 5-Year Strategic Plan. We plan to accelerate on the tenants of that 5-Year Strategic Plan and build on the back of the success we experienced last year. As we move forward on our 6-point Hexagonal Plan, we will amplify our impact by:

1. Putting in the rigours of Execution: Ideas are only as good as our execution abilities, and we plan to bring the rigours of effective execution through this dedicated team of volunteers.

2. Harnessing Technology to the maximum: This is one thing that we have been working on for the past few years and we now have a reasonably equipped tech stack. We plan to further build on this to ease the challenges of execution and enhance our member experience.

Amongst the Key Projects that we will focus on include:

1. Mount 11,000 — A membership enhancement and reach project.

2. BCAS Academy — Implementing a self-paced learning digital infrastructure.

3. Sherpa Project — Complete the appointment of 75 sherpas across 75 towns \ cities in India.

4. Collaborations — Research and Industry collaborations.

5. BCAS Studio — Building in-house audio\visual capabilities.

6. BCAS Podcasts — New way of consuming content.

7. BCAS BroadCASt — Member communication initiative.

8. Membership Formats — Evaluate different membership formats, timings, nature, etc.

9. Member Townhalls — Regular engagements, orientations and inductions.

10. Digital Certifications & Tech Enablement — WhatsApp Chatbot, digital badge and certification

Whilst we will do a few Different Things, we will do a lot of things Differently. Realizing the need for continuity in some of these initiatives, the capabilities at the back office have also been strengthened.

D. Conclusion

In no uncertain words, I would like to express my deepest gratitude and thanks

(i) to the BCAS members, Core Group, Past Presidents and the Managing Committee members for expressing their faith in me,

(ii) to my parents, who are here today for always being a guiding light in my personal and professional journey,

(iii) to my life partner and backbone Silky, who has graciously agreed to share me for one more year as I embark upon this journey,

(iv) to my younger brothers Janak and Haseet for the rock-solid support they offer, both at home and at the office.

With these words, the blessing of the almighty and seniors, love and support of friends and family, I humbly bow down with great humility as I accept this prestigious responsibility as the 76th President of Bombay Chartered Accountants’ Society. Thank you once again”.

Letter to the Editor

To,

The Editor,

BCAJ,

Mumbai

Dear Sir,

Greetings. I have been regularly reading the versatile “Bombay Chartered Accountant Journal” edited by you.

The varieties of subjects cater to the needs of all strata of practising/in industry Chartered Accountants.

I look forward to reading the “Editorial” every month.

The icing on the cake in June journal was “Who died” by Vazeji.

Keep up the excellent work you are doing.

All the best.

Regulatory Referencer

I. DIRECT TAX: SPOTLIGHT

1. Forms 3CN, 3CS, 3CEC, 3CEFB, 59 and 59A shall be furnished electronically – Notification No. 01/2024-25 dated 24th June, 2024

II. COMPANIES ACT, 2013

No News to report

III. SEBI

1. “Saarthi 2.0” app with tools, calculators, and modules, offering financial insights to investors launched: SEBI has launched “Saarthi 2.0” mobile app, enhancing its user-friendly interface and providing comprehensive financial tools. The app includes financial calculators, modules on KYC procedures, mutual funds, ETFs, and the stock exchange, as well as investor grievance mechanisms and the Online Dispute Resolution platform. It aims to empower investors, especially young ones, with unbiased and essential insights into the securities market, adapting to evolving market conditions. [Press Release No. N.10/2024, dated 3rd June, 2024]

2. Master Circular for ‘Bankers to an Issue registered with SEBI: SEBI has issued an updated master circular for ‘Bankers to an Issue registered with SEBI’. This circular compiles all existing circulars issued till date. This is done in order to enable the stakeholders to have an access to all the applicable circulars/directions at one place. [Circular No. SEBI/HO/AFD/AFD-POD-2/P/CIR/2024/72, dated 30th May, 2024]

3. FPI norms amended: SEBI has notified SEBI (Foreign Portfolio Investors) (Amendment) Regulations, 2024. It states that a foreign portfolio investor (FPI) must pay the registration fees as provided in Part A of Second Schedule for every block of 3 years before the beginning of such a block. However, registration fees shall be considered paid if FPI pays fee along with late fee within 30 days from expiry of preceding block. [Notification No. SEBI/LAD-NRO/GN/2024/183, DATED 31st May, 2024]

4. FPI Master Circular modification: SEBI has modified the Foreign Portfolio Investors (FPI) Master Circular. The amended norms provide flexibility to foreign portfolio investors (FPIs) in dealing with their securities after their registration expires. Similar changes have been carried out in the Foreign Portfolio Investors (FPI) Master Circular. [Circular No. SEBI/HO/AFD/AFD-POD-2/P/CIR/2024/76 AND 77, dated 5th June, 2024]

5. SEBI mandates direct pay-out of securities by clearing corporation to demat accounts of clients: At present, securities received in payout are pooled by the broker before being credited to the respective client demat accounts. However, the direct payout to client accounts was already made available on a voluntary basis as per the circular dated 1st February, 2001. It has now been decided that the process of direct securities payout to client accounts will become mandatory. The provisions of this circular will come into effect on 14th October, 2024. [Circular No. SEBI/HO/MIRSD/MIRSD-POD1/P/CIR/2024/75, dated 5th June, 2024]

6. SEBI notifies framework of ‘Financial Disincentives for Surveillance Related Lapses’: The SEBI has notified a framework for Surveillance Related Lapses at Market Infrastructure Institutions (MIIs). This shall be applicable to lapses emanating from non-adherence to the requisite surveillance activities / decisions. [Circular No. SEBI/HO/ISD/ISD-POD-1/P/CIR/2024/73, dated 6th June, 2024]

7. Guidelines on ‘Anti-Money Laundering Standards and Combating Financing of Terrorism’ for intermediaries: SEBI has issued guidelines on ‘Anti-Money Laundering Standards and Combating Financing of Terrorism’ for intermediaries. The guidelines set out the essential principles for combating Money Laundering (ML) and Terrorist Financing (TF) and provide detailed procedures and obligations for all registered intermediaries to follow and comply with. Also, intermediaries may require clients to specify additional disclosures to address concerns about ML and suspicious transactions undertaken by clients. [Master Circular No. SEBI/HO/MIRSD/MIRSDSECFATF/P/CIR/2024/78, dated 6th June, 2024]

8. ‘Master Circular on KYC norms’ for KRAs Integration with Central KYC Records Registry: SEBI has notified amendment in ‘Master Circular on KYC Norms’ with respect to Uploading of KYC information by KYC Registration Agencies (KRAs) to Central KYC Records Registry (CKYCRR). Now, KRAs shall ensure that existing KYC records of legal entities and of individual clients are uploaded on to CKYCRR within a period of 6 months from 1st August, 2024 ill 1st February 2025. Also, KRAs shall integrate with CKYCRR and start uploading KYC records by 1st August, 2024. [Circular No. SEBI/HO/MIRSD/SECFATF/P/CIR/2024/79, dated 6th June, 2024]

9. Updated Master Circular on ‘Portfolio Managers’: SEBI has issued an updated master circular on ‘Portfolio Managers’. This will facilitate access to all the applicable requirements at one place, all the circulars issued till 31st March, 2024. [Circular No SEBI/HO/IMD/IMD-POD-1/P/CIR/2024/80, dated 7th June, 2024]

10. Demat and Mutual Fund accounts won’t be frozen over non-submission of nomination: Earlier, SEBI extended the deadline for submitting the ‘choice of nomination’ for Demat accounts and mutual fund folios to 30th June, 2024. Now, SEBI has clarified that non-submission will not result in freezing these accounts. Further, security holders with physical securities will receive payments and services even without submitting the nomination. Also, existing investors are encouraged to submit nominations to ensure smooth transmission of securities and prevent unclaimed assets. [Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/81, dated 10thJune, 2024]

11. Introduction of a ‘special call auction mechanism’ for price discovery of scrips of listed investment companies: SEBI has introduced a ‘special call auction mechanism for effective price discovery of scrips of listed investment companies (ICs) and investment holding companies (IHCs). SEBI directs that ICs or IHCs must be identified based on uniform industry classifications provided by stock exchanges. Further, scrips of ICs or IHCs must have been listed and available for trading for a period of at least 1 year. The first special call auction must be conducted by stock exchanges in the month of October 2024. [Circular No. SEBI/HO/MRD/MRD-POD-3/P/CIR/2024/86; dated 20th June, 2024]

12. Updated ‘Master Circular for Electronic Gold Receipts (EGRs)’: Now, in order to enable the stakeholders to have access to all the provisions mentioned in the earlier issued circulars at one place, SEBI has issued an updated master circular incorporating all subsequent circulars issued on EGRs till 31st May, 2024. [Master Circular No. SEBI/HO/MRD/MRD-POD-1/P/CIR/2024/87, dated 24th June, 2024]

13. Updated ‘Master Circular for Mutual Funds’: SEBI has been issuing various circulars from time to time to effectively regulate the Mutual Fund Industry. Now, in order to enable the stakeholders to have an access to all the regulatory requirements at one place, SEBI has issued an updated master circular incorporating all subsequent circulars issued till date. The master circular supersedes the master circular for mutual funds dated 19th May, 2023. [Master Circular No. SEBI/HO/IMD/IMD-POD-1/P/CIR/2024/90, dated 27th June, 2024]

IV. FEMA

I. Draft Import and Export Regulations issued for public response:

The Notifications dealing with Import and Export are in force since RBI has decided to rationalise regulations that cover export and import transactions. The proposed regulations are intended to promote ease of doing business, especially for small exporters and importers. They are also intended to empower Authorised Dealer banks to provide quicker and more efficient service to their foreign exchange customers. The draft regulations under FEMA and draft directions meant for Authorised Dealer banks are available online on RBI’s website for public response. Comments / feedback on the draft proposals (regulations as well as directions) may be forwarded by 1st September, 2024. Readers are welcome to share their feedback with BCAS which will compile and share response to RBI.

[Press Release: 2024-2025/615 dated 2nd July, 2024]

II. Limits applicable on remittances allowed with online filing of Form A2 now removed:

RBI has allowed online filing of Form A2 for remittances for transactions with an upper limit of USD 25,000 for individuals and USD 100,000 for corporates. RBI has now decided to allow remittance through online filing of Form A2 without any limit.

[A.P. (DIR SERIES 2024-25) CIRCULAR NO. 12, DATED 3rd July, 2024]

III. Form A2 applicable for all cross-border remittances:

For any current account transaction up to USD 25,000 Authorised Dealers are permitted to release foreign exchange on the basis of a simple letter containing basic information. No other documents were required including Form A2. However, RBI has now decided that Authorised Dealers shall obtain Form A2 in physical or digital form for all cross-border remittances irrespective of the value of transaction.

[A.P. (DIR SERIES 2024-25) CIRCULAR NO. 13, DATED 3rd July, 2024]

IV. IFSCA designates 4 additional currencies as ‘specified foreign currencies’:

IFSCA has notified IFSCA (Banking) (Amendment) Regulations, 2024. An amendment has been made to the First Schedule relating to ‘specified foreign currencies’. The IFSCA has designated four additional currencies as ‘specified foreign currencies’ under First Schedule. These currencies include Swedish Krone (SEK), New Zealand Dollar (NZD), Danish Krone (DKK) and Norwegian Krone (NOK).

[Notification IFSCA/GN/2024/004 dated 4th July, 2024]

V. RBI expands the scope of Foreign Currency Account held by Residents in IFSC:

At present, remittances under LRS to IFSCs can be made by Residents only for:

a. Making investments in IFSCs in securities except those issued by entities/ companies resident in India (outside IFSC); and

b. Payment of fees for education to foreign universities or foreign institutions in IFSCs for pursuing gazetted courses.

For these permissible purposes, resident individuals can open Foreign Currency Account (FCA) in IFSCs.

On a review, RBI has decided that Authorised Persons may facilitate remittances for all permissible purposes under LRS to IFSCs for:

a. Availing financial services or financial products as per the International Financial Services Centres Authority Act, 2019 within IFSCs; and

b. All current or capital account transactions, in any other foreign jurisdiction (other than IFSCs) through an FCA held in IFSCs.

This brings FCA in IFSC at part with FCA in any other foreign jurisdiction for remittances of all current and capital account transactions covered under the LRS.

[A.P. (DIR SERIES 2024-25) CIRCULAR NO. 15, DATED 10th July, 2024]

VI. Extension in deadline for filing of FLA returns to 31st July 2024:

The deadline for filing the Annual Foreign Liabilities and Assets (FLA) Return for Financial year (FY) 2023-24 was 15th July, 2024. However, there were technical glitches on RBI’s Foreign Liabilities and Assets Information Reporting (FLAIR) portal where the return is to be uploaded. Therefore, RBI has extended the due date to 31st July, 2024.

[Announcement on RBI’s FLAIR System]

Chatting Up About India: When a $10 Trillion Economy Won’t Make a Difference

“India assimilated the worst stupidities of the democratic system.” – Charlie Munger

It is August, the month of our Independence Day — a time to look at the state of the nation, or for me, its different facets. One of the ways to look at things — to develop a perspective on things — is by questioning all the information we have and challenging the axioms we are programmed with. Looking at the stage we are in as a country, I wonder whether the time has come to MODIFY the phrase “ask not what your country can do for you, ask what you can do for your country”, especially in the context of taxpayers and honest citizens. For one, those words by JFK seem like a “perpetual one-sided idea” and therefore, not sustainable. It could be used as an excuse by politicians when their performance falls short compared to expectation and responsibility. I feel as taxpayers, we need to ask: “We do what we should do for our country, but is my country doing what it is expected to do for me and everyone else?”

Most of us seem happy to see many wonderful things around us as India marches towards its aims. At the same time, we are also concerned about much of what is happening around us. Thinking more deeply, I have come to conclude that the problems can be articulated and classified under these causal categories:

I. India against Indians II. Indians against India
III. India against India IV. Indians against Indians

These categories mean we take responsibility for the condition we are in. I thought most of our problems as a nation and its people could fit into these baskets. Here is a brief description of what these four baskets are:

I. The State and Nation are against the individual or collective of citizens. For example, there is lack of accountability in the state administration.

II. Individual or collective citizens against the Nation / State. For example, people spitting and dirtying public spaces with complete disregard.

III. The State and Nation are against the cultural, social and heritage of its people. Here, the administration goes against the ethos and values of the civilisation and culture. For example, the government mismanaging civilisation heritage that is priceless or the state treating citizens consistently unequally via reservation.

IV. Individuals and part of collective citizenry against other individuals or collective citizenry. For example, rampant and pervasive double-sided driving, even in Mumbai, where citizens don’t care about fellow citizens on the road.

The government/s, and for that matter, government as an institution, like to exhibit their achievements and hide their shortcomings, failures and disasters. One can consider this at a human level to be part of one’s nature; but at an institutional level, it is dishonesty. India goes a step further when it deifies or exalts its leader/s in a disproportionately larger way and tries to show that there is one person/leader responsible for all good and all credit is due to that leader alone, but all the wrongs have no connection with the leader/s at all.

EDUCATION: THE PATH TO A BRIGHTER FUTURE

In this article, I wish to cover a critical aspect that will pave the way to a great future — Education. We don’t hear much about education in the news; definitely not as much as we hear about Vande Bharat trains, bridges and houses being built, etc. Culture and Education are fundamental building blocks of a nation. By culture, we mean integrity, ethics and value systems displayed in individual and collective behaviour. Education is perhaps a more empirical aspect, which means developing and cultivating skills and capabilities to make the country and individual lives better. Culture and Education have a link as they both feed each other.

Today, what we see clearly shows that education is lacking and lagging: Lacking, in elements and focus, and lagging momentum in transformation and impact. These are visible for all to see; one doesn’t have to be a statistician or keen observer.

The Problem: More or Better?

The Government controls education; largely, the states take care of elementary education and many other bodies. The approach has been: Let’s give more public money, and things will sort itself out. More money, more schools, more teachers and more students. Bigger, better, faster. There isn’t much data about the effect of such spending, and the Government as an institution stands for spending without rigorous accountability. India gives about 3 per cent to education in budgets as against the target of 6 per cent of GDP (National Education Policy 2020 and 1964–66 Education Commission recommendation). In so many decades, this target has never been met. Brazil and South Africa allocate above 6 per cent to education. The benefits from a social perspective are even more. As Pythagoras stated 2,000 years back, “Educate the children and it won’t be necessary to punish the men.”

Output and Outcome

India focuses on Output; for e.g., number of people enrolled in schools. But it doesn’t focus as much or even adequately on Outcomes: are students able to have a grip on language and arithmetic that is expected at a certain age? Even today, the poorest people send their children to private schools no matter how badly situated they are. Despite higher fees charged by private schools, government schools are not preferred1. We have recently seen UP teachers protesting for being asked to come on time.


1. James Tooley’s research calls this grassroots privatisation. These schools, even if run by unqualified teachers, outperformed state-run schools. His book The Beautiful Tree is well acclaimed.

Private schools are better in terms of outcomes. The government doesn’t provide or collect much data about Per-Pupil Expenses. We all know that even legislators, at all levels, have their children enrol in private schools rather than public schools. Some experts suggest that the government would perhaps be better off transferring money directly to individual students to join any school they want on the lines of Direct Benefit Transfer (DBT). What is happening currently is on the lines of PDS. We need to fund schooling and not schools. Let students and parents decide where their child should study. It is a matter of concern and even shock that after 75 years, we are struggling with aspects as important as education; despite taking cess from taxpayers, its outcome seems questionable and certainly, below optimal.

ASER2 Surveys3 – These surveys are carried out in 28 districts in 26 states, reaching 34,745 youth in the 14–18-years-old category in 30,374 households in 1664 villages. 25 per cent of students in Class V cannot read Class II texts in their own language fluently. The 2023 report found that among 14–18-year-olds, 1 out of 4 could not read Class II texts. More than 50 per cent could not do the basic division of dividing 3 digits by 1 digit. However, there are many positive findings, too, and trends of improvement.


2. Annual Status of Education Survey
3. https://asercentre.org/wp-content/uploads/2022/12/ASER-2023_Main-findings-1.pdf

OECD PISA – Runs a random sample of 15-year-olds on fluid general intelligence. India doesn’t like it much. Once it carried this OECD PISA measurement in two states. India is no longer participating in this global survey.

Qualitative Aspects

Much of the nature of education was and is meant for developing babus and industrial workers to run the industrial administrative machine. It means learning that is rote, not based on problem-solving, not broad enough, too many irrelevant things for too long, not focussed on common flow intelligence and so on. This is a whole area in itself and therefore, let’s leave it at that. Many schools pass students all the way to Class X. While this has some good effects, there are side effects too that people who come out are not capable enough to do basic language, arithmetic, science, general intelligence and critical thinking. There is also caste-based education where students are asked for caste certificates in cities like Mumbai for admission. This not only reinforces divisive aspects of lower identity (instead of national identity or being a student) in students but also slows things down.

Social Problems

Now, India has this failed theme called socialism, where the private sector is abhorred. Look at the airlines — we bought tickets from Indian Airlines, which cost ₹16,000 to Delhi 20–30 years ago, when very few took flights to Delhi on two Sarkari airlines. We didn’t have landlines except without waiting. Education remains in control of the Sarkar. Higher education, like Engineering colleges and medical colleges, charge a lot of fees out of reach for most middle-income families and are controlled by politicians. Its root can perhaps be summarised in what Nehruji said to J R D Tata: “Never talk to me about the word profit; it is a dirty word.”

But it is possible, as see in the cases of hospitals like Narayan Hrudayalay, Indian pharma companies like Cipla developing the cheapest medicines in the world, etc. Yet, they all need to make profits whether for taking on that venture or for ploughing back for expansion. India continues to control everything instead of letting markets play out through competition like it has happened in airlines or retail, or license raj regime and so on.

Reservations

An issue that segregates people to give birth-based benefits has over-lived its life since envisaged reservations were first considered. They were to end in 10 years, which was way back in the ’60s. Benefits should be based on need – a poor person needs something; he cannot obtain it and therefore must be provided for. How is a need attached to anything but lack? India attaches need based on caste or religion or some such lower identity. This is insane, to use a decent word. Charlie Munger, when asked about India, said that India “assimilated the worst stupidities of the democratic system”. Look at the recent case of the IAS trainee who faked her certificates4. For medical, there is about 74 per cent reservation in Maharashtra, not only in UG but in PG levels too. How far can reservation continue? Despite SC’s decision to cap, state governments can’t just stop raising it above the 50 per cent limit. What it does is make Indians vie to obtain a lower identity to obtain reservation benefits. It is forcing more and more people to call themselves “deprived” and “destitute” in identity! I wonder whether such a thing would be happening anywhere else. Bangladesh recently had riots, causing the newly announced reservations of just over 50 per cent to be struck down.


4. Pooja Khedkar news reports

This monster doesn’t stop at education. It continues at the job level too. We have become a country where so many people dream of leaving India or are pushed out as they cannot find a job on merit. Yet, most think this pattern is akin to living the key word in the he preamble of the constitution: Equality.

Skills Crisis

We have people with degrees who cannot find jobs. There is unemployment, and there is un-employability. On one side, we have too many people with degrees looking for jobs; and on the other side, we have too many jobs that cannot find people with the requisite skills. We see peon jobs being applied for by unemployed PhDs. But that’s just the tip of the iceberg. So often, we see lacs of people apply for a few thousand vacancies. Adani was in the news due to a request to allow the Chinese to come here as they couldn’t find suitable staff for their projects. The same is true for TCS and L&T, as reported in recent news.

The 2024 Economic Survey says 50 per cent of Indian graduates are not employable and 65 per cent of people under the age of 35 have no skills5. This is not good news; although the trend is reported to be improving. We need to have education that leads to capabilities and then to employability. With things becoming less menial, this problem will be accentuated. The recent budget of July 2024, after 10 years, seems to have realised that skills are important and higher education will make a difference. Countries like Germany have a scheme where college students start at a real-life place to obtain skills. Indian UG medical students take classes for three years before being exposed to real-life medical situations or hospitals. Nurse colleges are today not linked to hospitals like medical schools as per Dr Devi Shetty6. This situation is made worse by absolutely ridiculous policies. Today, as per Dr Shetty, known as the “Henry Ford of heart surgery”, he cannot teach in a medical college as the system doesn’t allow him despite him being one of the top surgeons in India. This is how India defeats Indians.


5. Para 5.14, Page 158
6. https://youtu.be/v_jj3198IuE?si=nrlAgbe6VB2hhqq9 – recent interview with Smita Prakash

The UP school teachers’ protest for being asked to come on time shows the discipline level the teachers demonstrate. Most Sarkari jobs mean – once you are permanent, then people chill or rather become less effective. Job is more important and not outcome that the job is meant to deliver. They are entitled but not accountable. This is why, there is a big rush for Sarkari job openings. Of course, nothing can be generalised, but, certainly much of this is not an aberration.

What to do?

Well, it’s written on the wall but not on Sarkari walls. We need to fund schooling and not necessarily schools. The government tries to get into everything. Just as roads are built on PPP, “we” need to do this more and involve the private sector. In Sweden, government-funded vouchers can be used to go to any school. Give money to parents. Education vouchers (Milton Friedman’s idea) are needed and not necessarily government schools. This is the only way to beat reservation. It’s unfair to say, “If you come to a government school, I have money to spend on you, if you attend a private school, I have nothing to give you”. At many locations, in the experience of those who work in the sector around Umbergaon, Gujarat, the teachers are empowered and a healthy competition is developed by encouraging teachers to bring students up.

Because the government wants to provide benefits with so many conditions, it cannot control how this funding is done. Today, the data is there from Aadhaar and other means, and with technology government knows who needs what. DBT database is available. Education vouchers can easily be given if Mobile – Aadhaar – Schools are linked. Recently like India Stack, we saw Agriculture Stack. We perhaps now need an Education Stack also. Private entities can monitor public schools instead of the Sarkari system. Most people in OECD countries attend public schools. Why does this not happen in India? Why can’t public school teachers not be sent to private schools for some time or vice versa? Can private schools adopt a class or a subject in public schools? There is obviously political control and obstruction. We need more ideas to remove the lack and faster execution to remove the lag.

CONCLUSION

Add all the issues: paper leaks, low-quality public infrastructure, low quality of teachers in government schools, people running away to other countries for jobs after education if they can, so many seeking certificates of being deprived or of certain identity for benefits, government control, huge competition from age two to get admission, shortage of nutrition and the rest, and the resulting answer is that India is far away from its ideal and off track all over the place.

The point is if this area of education is not fixed, then a $5 trillion economy won’t matter. Considering the $2,800 per capita GDP of India and the mindset of leadership and people, the situation is grim. After massive reservations, along with frauds built into that system, without fixing education on a war footing, even the $10 trillion economy won’t make the desired difference. To me, for the economy to be a $5 or $10 trillion economy, education would have to be made into an engine and not a side ministry.

Previous Article on Chatting up about India: Technology not just for a few, but for all, BCAJ, September 2023.

Book Review

Title of the Book: THE ANTHOLOGY OF BALAJI

Author: ERIC JORGENSON

Reviewed by SHIVANAND PANDIT

When I saw a book sub-titled ‘A Guide to Technology, Truth, and Building the Future’, my guardrails went up, and a set of neurons in my brain started firing. Scepticism and wariness set in, because in the volatile world of start-ups, there’s no shortage of founders peddling pitches to investors, and this sounds like one of those claims.

However, my scepticism quickly faded as I flipped through the pages of this book, actually titled ‘The Anthology of Balaji’, written by Eric Jorgensen and illustrated by Jack Butcher. As I delved into just under 290 pages, my initial doubt gave way to a willing acceptance of Balaji’s aphorisms, which are succinctly captured and often humorously conveyed by the author. One such gem is: “Building a billion-dollar company is like assembling IKEA furniture blindfolded — challenging but rewarding!”

Of course, there are some general statements like “The future belongs to those who build it,” “In a world of noise, seek signal,” and “Technology is the ultimate force multiplier.”

If some of these concepts seem familiar, it’s likely because they are. Balaji relies on some classic ideas and modernises them. For example, the traditional 4 Ps of marketing evolve into 6 Ps in his framework: Product — What are you selling? Person — To whom? Purpose — Why are they buying it? Pricing — At what price? Priority — Why now? Prestige — And why from you? While useful, these ideas are not entirely original. However, once you become accustomed to this approach, it becomes easier to follow along.

His insights on technology remind us that it isn’t just about gadgets; it’s about shaping our world. Here are some standout points from these chapters:

a) The Value of Technology: “Technology is the ultimate lever. It allows us to do more with less.”

b) Building What Money Can’t Buy: “The best things in life are not for sale.” Balaji explores how technology creates value beyond mere transactions.

c) Faster, Better, and Cheaper: “Technology drives progress. It accelerates our journey toward a better future.”

d) Unlocking Unseen Value: “Look beyond the obvious. The real magic lies in the hidden potential.”

e) Technology Determines Political Order: “The tools we create shape our societies.” He delves into how technology influences governance.

In the second section, his relentless pursuit of truth urges us to question assumptions and seek clarity:

1) The Power of Radical Honesty: “Truth is liberating. It’s the foundation of trust and progress.”

2) The Art of Independent Thinking: “Don’t be a parrot. Be an original thinker.”

3) Embracing Uncertainty: “The future is a puzzle waiting to be solved. Embrace it.”

In part three — Building the Future — Balaji’s vision goes beyond the present, encouraging us to shape our destinies:

A) Creating New Nations: “Why not? The world needs fresh ideas and experiments.”

B) The Network State: “Imagine decentralised countries, powered by technology.”

“The Anthology of Balaji” is more than just a book — it’s a roadmap to navigate our complex and convoluted world. It’s a guide, indeed. At the beginning of any guided journey, scepticism is natural. One might wonder if this book is a collection of random ideas or an illusion. However, Eric Jorgenson’s compilation of Balaji Srinivasan’s musings takes the reader on a deep dive into the realms of technology, truth, and the future.

What’s commendable about the anthology is its ability to push readers to perceive technology in extraordinary ways. From blockchain to biohacking, Balaji covers a wide range of topics. For those seeking intellectual stimulation, the book offers plenty to chew on. It’s refreshingly honest: Balaji’s dedication to truth echoes the ‘Satyameva Jayate’ philosophy, which means ‘truth alone triumphs’ (yes, I know this might make you sceptical). This exploration of transparency and authenticity may resonate with the yet-unjaded Indian reader. His vision of decentralised governance is also fascinating: imagine India as a network state, powered by blockchain! It’s a bold idea, but isn’t boldness often a precursor to progress?

However, the book does have its drawbacks. There is a fair amount of esoteric language, with references to Silicon Valley jargon and crypto-speak that might perplex uninitiated Indian readers. The humour, which I mentioned earlier, is rather lacklustre. Balaji’s wit is reminiscent of PG Wodehouse’s restrained and polite style, unlikely to provoke a laugh. Additionally, there is a cultural disconnect: his global perspective can sometimes clash with local sensibilities. His mantra of “starting a new country” sounds a lot like a Silicon Valley start-up pitch. In a country that is a cacophony of contradictions rather than a controlled environment, the anthology might not always hit the mark.

In conclusion, “The Anthology of Balaji” is like a typical masala chai — strong and aromatic, but an acquired taste for someone who prefers the more refined and elegant Darjeeling tea. If you’re willing to sift through the jargon and embrace the boldness, give it a read. But remember, wisdom isn’t always presented on a silver platter in an air-conditioned dining room; sometimes, it’s hidden in a roadside dhaba.

Miscellanea

1. TECHNOLOGY

Humans vs. Robots: Scientists create self-healing human-like skin for robots

Scientists have successfully grafted living, self-healing skin onto robots, a feat that could revolutionise the future of robotics. Imagine robots that can not only move and think like humans but also look and heal like them. The team led by Michio Kawai, MinghaoNie, Haruka Oda, and Shoji Takeuchi from the University of Tokyo has developed a technique to seamlessly attach living skin to robotic faces, creating lifelike robots capable of displaying human emotions.

The magic lies in something called “perforation-type anchors.” Inspired by human skin ligaments, these anchors attach cultured skin to robotic surfaces through tiny perforations, much like how our skin connects to underlying tissues. This method ensures the skin adheres securely, even on complex 3D structures like faces, and can withstand the wear and tear of everyday interactions.
To showcase this technology, the researchers created a robotic face that can express emotions, like smiling. Using these innovative anchors, they attached a skin equivalent — a lab-grown model of human skin — onto the robot’s face. The robot’s smile isn’t just a mechanical movement; it’s a lifelike expression made possible by the skin’s ability to stretch and contract naturally, thanks to the underlying anchors.

This isn’t just about making robots more realistic; it’s about functionality. The living skin can heal itself, much like our own, making robots more durable and suitable for long-term use. This self-repair capability is crucial for robots expected to operate in unpredictable environments where they might get scratched or damaged.

The implications of this research are vast. From healthcare robots that assist the elderly to humanoid robots in customer service and entertainment, the possibilities are endless. Robots with lifelike, self-healing skin could blend seamlessly into human environments, making interactions more natural and effective.
In essence, this breakthrough takes us one step closer to a future where robots are not just tools but companions, indistinguishable from humans in both appearance and functionality. The team’s research, published in Cell Reports Physical Science, marks a significant milestone in the quest to create the ultimate human-robot symbiosis.

(Source: businesstoday.in dated 26th June, 2024)

India to Adopt Common Charger Law for Smartphones and Tablets by Mid-2025

Starting June 2025, all new smartphones and tablets sold in India will be required to feature a standard charging port, allowing a single charger and cable to power multiple devices. This regulation is similar to the “universal phone charger” law implemented by the European Union (EU). India’s common charging law will extend to laptops in 2026 but will not apply to basic phones and wearables at this time, according to three informed sources, says a report by Mint.

“USB-C or Type C charging port will be made mandatory for smartphones and tablets from June next year. Feature phones or basic phones, hearables and wearables will be kept out for now,” the Mint report cited a source as saying.

USB-C Port to be Mandated for Laptops

The source also mentioned that the USB-C port requirement for laptops will take effect in the country at the end of 2026. These deadlines were established following discussions with industry representatives and manufacturers.

The new regulation applies across a wide spectrum of devices, including not only Android and iOS smartphones and tablets but also Windows and Mac devices. However, the law excludes small accessories like fitness bands, smartwatches, earbuds and basic feature phones.

Although the Indian Union IT Ministry has not issued an official statement yet, reports suggest that the regulation will likely be announced soon.
To recall, in 2022, the Indian government unveiled its initiative to enforce uniform ports across consumer electronics, following an agreement reached during discussions with industry bodies including MAIT, FICCI and CII. As part of this move, USB Type-C was designated as the standardised charging port for smartphones, tablets and notebooks in India. The Type-C charging port uses a Type-C cable with identical connectors at both ends, allowing for reversible plug-in capability.

This simplifies consumer convenience by enabling the use of a single cable and charger across multiple devices. For manufacturers, adopting a standardised charging solution like Type-C streamlines their supply chains and sourcing efforts, reducing complexity associated with multiple components specific to different charging ports.

Additionally, this transition is expected to contribute to reducing the burden of e-waste.

(Source: abplive.com dated 27th June, 2024)

2. ENVIRONMENT

“Ocean Is Changing”: NASA Visuals Show Impact of Greenhouse Gases On Earth’s Water Bodies

The greenhouse gases are impacting Earth’s water bodies, NASA’s scary visualisation of the oceans revealed. Taking to Instagram, NASA Climate Change shared a visualisation showing sea surface currents on the Estimating the Circulation and Climate of the Ocean, Phase II (ECCO2) model. In the caption, the space agency wrote that the gases produced by human activities are altering the ocean. “Our ocean is changing,” the National Aeronautics and Space Administration (NASA) wrote in its post.

“With 70% of the planet covered by water, the seas are important drivers of Earth’s global climate. Yet, increasing greenhouse gases from human activities are altering the ocean before our eyes. NASA and its partners are on a mission to find out more,” NASA further posted.

Further, elaborating on the visualisation, NASA shared that different colours depict the average temperature for the sea surface currents. “With warmer colours (red, orange, and yellow) representing warmer temperatures and cooler colours (green and blue) representing cooler temperatures,” the agency added.

NASA shared the visualisation just a day back. Since then, it has accumulated more than 13,000 likes. Social media users posted varied comments while reacting to the post.

“Can you please explain what this data is showing? Is it taken over days or months? What time of year? Is it ocean currents or ocean temperatures? What have we concluded from this data?” asked one user. NASA responded, “The visualisation shows sea surface current flows. The flows are coloured by corresponding sea surface temperature data.

“Amazing data and visualisation. Very cool!” said one user.

(Source: ndtv.com dated 26th June, 2024)

Regulatory Referencer

I. DIRECT TAX: SPOTLIGHT – JUNE 2024 ISSUE

1. CBDT notified 363 as Cost Inflation Index for FY 2024–25 – Notification No. 44/2024, dated 24th May, 2024

2. RBI is excluded from the definition of “specified person” for the purposes of Section 206AB and Section 206CCA – Notifications No. 45/2024 and 46/2024, dated 27th May, 2024

II. COMPANIES ACT, 2013

1. MCA relaxes additional fees on filing of certain LLP Forms up to 1st July, 2024: In view of the transition of MCA-21 from version 2 to version 3 and to promote compliance on the part of reporting LLPs, MCA has granted relaxation in filing of LLP forms. Accordingly, LLPs may now file Form LLP BEN-2 and LLP Form No. 4D, without payment of any further additional fees up to 1st July, 2024. Form LLP BEN-2 is filed with the ROC regarding declaration u/s 90 of Companies Act, 2013. LLP Form No. 4D is filed with the ROC regarding declaration of beneficial interest in contributions received by LLP. [General Circular No. 03/2024, dated 7th May, 2024]

III. SEBI

1. Nomination for Mutual Funds shall be optional for jointly held Mutual Fund folios: Earlier, SEBI vide Master Circular for Mutual Funds dated 19th May, 2023 prescribed the requirement for nomination / opting out of nomination for all existing individual unit holders holding Mutual Fund units either solely or jointly by 30th June, 2024. SEBI has now modified this requirement in a Master Circular regarding nomination for Mutual Fund unit holders. SEBI has clarified that the requirement of nomination for Mutual Funds shall be optional for jointly held Mutual Fund folios. [Circular No. SEBI/HO/IMD/IMD-POD-1/P/CIR/2024/29, Dated 30th April, 2024]

2. Appointment of a dedicated fund manager for commodity-based funds shall be optional: SEBI has modified Clause 3.3.11 of the Master Circular for Mutual Funds dated 19th May, 2023 regarding the appointment of a dedicated fund manager. SEBI has clarified that appointment of a dedicated fund manager shall be optional for commodity-based funds such as Gold ETFs, Silver ETFs and other funds participating in the commodities market. However, the person appointed as a fund manager for such funds must have adequate experience in managing investments in the commodities market. [Circular No. SEBI/HO/IMD/IMD-POD-2/P/CIR/2024/30; Dated 30th April, 2024]

3. SEBI releases framework for administration and supervision of Research Analysts and Investment Advisers: Earlier, SEBI notified that a recognised stock exchange may undertake activities of administration and supervision over specified intermediaries. Accordingly, stock exchanges can be recognised as Research Analyst Administration & Supervisory Body (RAASB) and Investment Adviser Administration & Supervisory Body (IAASB) for administration & supervision of RAs and IAs. SEBI has now released a framework for the administration & supervision of Research Analysts and Investment Advisers. [Circular No. SEBI/HO/MIRSD/MIRSD-SEC-3/P/CIR/2024/34, dated 2nd May, 2024]

4. SEBI mandates person or entity involved in distribution of portfolio management services to get registered with APMI: In order to facilitate collective oversight of PMS distributors at the industry level, SEBI has decided that any person or entity involved in the distribution of portfolio management services must obtain registration with APMI. This move is aimed at promoting ease of doing business initiatives for portfolio managers. Further, portfolio managers must ensure that registration is obtained in accordance with the criteria laid down by APMI. The circular shall be effective from 1st January, 2025. [Circular No. SEBI/HO/IMD/IMD-POD-1/P/CIR/2024/32, dated 2nd May, 2024]

5. Portfolio Manager now requires new client’s separate signature on fee annexure with handwritten confirmation: SEBI has notified amendments to facilitate ease in the digital onboarding process for clients and enhance transparency for Portfolio Managers. Now, while onboarding a client, Portfolio Managers must ensure that the client has understood the fee and charge structure. Further, for physical & digital onboarding, a new client must provide a separate signature on the fee annexure, with acknowledgement either by handwritten note or by electronically typing or using a finger or stylus pen. [Circular No. SEBI/HO/IMD/IMD-POD-1/P/CIR/2024/35, dated 2nd May, 2024]

6. SEBI issues updated master circular on “Alternative Investment Funds”: SEBI has issued an updated master circular on “Alternative Investment Funds” (AIFs). The master circular consolidates all existing circulars issued by SEBI till date. [Circular No. SEBI/HO/AFD-1/AFD-1-POD/P/CIR/2024/39, dated 7th May, 2024].

7. SEBI prescribes timeline for payment of annual charge by Depositories: SEBI has notified amendment in Regulation 9, i.e., Payment of annual charge of SEBI (Depositories and Participants) Regulations, 2018. Now, a depository shall make payment of annual charge within 15 days from the end of each month a percentage of the annual custody charges received by it from the issuers during the month. Earlier, no such timeline was prescribed. [Notification No. SEBI/LAD-NRO/GN/2024/173, dated 10th May, 2024]

8. At least one KMP among associated persons functioning as AIF manager must obtain certification from NISM: SEBI has notified an amendment to Regulation 3 of the SEBI (Certification of Associated Persons in the Securities Markets) Regulations, 2007. It states that at least one key managerial personnel (KMP), amongst the associated persons functioning in the key investment team of the Manager of an AIF, must obtain certification from the National Institute of Securities Market (NISM) by passing the NISM Series-XIX-C: Alternative Investment Fund Managers Certification Examination issued by NISM. [Notification No. SEBI/LAD-NRO/GN/2024/176, dated 10th May, 2024]

9. SEBI issues updated master circular on “REITs and InvITs”: SEBI has issued an updated master circular on “Real Estate Investment Trusts” (REITs) and “Infrastructure Investment Trusts” (InvITs). This is done to enable stakeholders to have access to all applicable circulars at one place. This master circular consolidates all existing circulars issued till 15th May, 2024. [Circular No. SEBI/HO/DDHS-POD-2/P/CIR/2024/43 & 44, dated 15th May, 2024]

10. SEBI issues updated master circular consolidating all existing circulars on “Debenture Trustees”: SEBI has issued an updated master circular on “Debenture Trustees” (DTs). This circular is a compilation of all the existing circulars issued till date. This is done to enable the Debenture Trustees and other market stakeholders to access all the applicable circulars at one place. Further, Debenture Trustees are directed to comply with the conditions laid down in this circular. Also, BODs of Debenture Trustee must be responsible for ensuring compliance with these provisions. [Circular No. SEBI/HO/DDHS-POD3/P/CIR/2023/46, dated 16th May, 2024]

11. SEBI issues updated master circular on “Credit Rating Agencies”: SEBI has issued an updated master circular on “Credit Rating Agencies” (CRAs). This circular is a compilation of all the existing circulars issued till date. This is done to enable the industry and other users to access all the applicable circulars / directions at one place. The circular covers norms such as registration requirements, rating operations, reporting and disclosures, internal audits for CRAs and miscellaneous guidelines. [Circular No. SEBI/HO/DDHS-POD3/P/CIR/2023/47, dated 16th May, 2024]

12. Unverified media reports to be excluded from purview of “generally available information” under Insider norms: SEBI has notified the SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2024. An amendment has been made to Regulation 2(1)(e). The definition of “generally available information” has been broadened. The term “generally available information” means information that is accessible to the public on a non-discriminatory basis and shall not include unverified events or information reported in print or electronic media. The amended norms are effective from 17th May, 2024. [Notification No. SEBI/LAD-NRO/GN/2024/181, dated 17th May, 2024]

13 SEBI allows non-individual public shareholders holding 5 per cent of post-issue capital to meet minimum promoters’ contribution: SEBI has notified the SEBI (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2024. Regulation 14 relating to minimum promoters’ contribution has been amended. It states that if promoters’ post-issue shareholding is less than 20 per cent, any non-individual public shareholder holding at least 5 per cent of the post-issue capital or any entity forming part of promoter group (other than promoters) may also contribute to meet the shortfall in minimum promoters’ contribution. [Notification No. SEBI/LAD-NRO/GN/2024/178, dated 17th May, 2024]

14. Company’s share price impact due to material price movement excluded from volume-weighted average price under buyback norms: SEBI has notified the SEBI (Buy-Back of Securities) (Amendment) Regulations, 2024. Regulation 19 has been amended. As per the amended norms, the effect on the price of the company’s equity shares due to material price movements and confirmation of reported events or information may be excluded when determining the volume-weighted average market price. The amended norms are effective from 17th May, 2024. [Notification No. SEBI/LAD-NRO/GN/2024/180, dated 17th May, 2024]

15. SEBI notifies Industry Standards on verification of market rumours: The Industry Standards Forum (ISF) comprising representatives from three industry associations, viz., ASSOCHAM, CII and FICCI, has formulated industry standards, in consultation with SEBI. The purpose is to effectively implement the requirement to verify market rumours under Regulation 30(11) of SEBI (LODR) Regulations, 2015. The industry associations which are part of ISF (ASSOCHAM, FICCI, and CII) and the stock exchanges shall publish the industry standards note on their websites. [Circular No. SEBI/HO/CFD/CFD-POD-2/P/CIR/2024/52, dated 21st May, 2024]

16. SEBI issues updated Master Circular for Research Analysts: SEBI, from time to time, has been issuing various circulars / directions to Research Analysts (RAs). In order to enable users to have access to the applicable circulars at one place, this master circular consolidating all the existing circulars on Research Analyst has been issued. The provisions of circulars issued until 15th May, 2024 have been incorporated in this master circular. [Circular No. SEBI/HO/MIRSD/MIRSD-POD-1/P/CIR/2024/49, dated 21st May, 2024]

17. SEBI issues updated Master Circular for Stock Brokers: SEBI, from time to time, has been issuing various circulars / directions to Stock Brokers (SBs). In order to enable users to have access to the provisions of applicable circulars at one place, SEBI has issued master circular dated 17th May, 2023 in respect of Stock Brokers, which is superseded by the instant master circular. [Master Circular No. SEBI/HO/MIRSD/MIRSD-POD-1/P/CIR/2024/53, dated 22nd May, 2024]

IV. FEMA

I. Regularisation permitted through compounding for partly paid units issued by AIFs before amendment allowing such issuance:

Investment funds were not permitted to issue partly paid units to non-residents. In March 2024, the FEM (Non-Debt Instruments) (Second Amendment) Rules, 2024 were notified permitting investment funds to issue partly paid units to non-residents. Under FEMA, a contravention needs to be first regularised before it can be compounded. In order to simplify the regularisation of cases where partly paid units had been issued by AIFs when it was not permitted, regularisation has been permitted through compounding. In essence, where AIFs had issued partly paid units to non-residents at the time it was not permitted, there is no separate regularisation required; the Fund can directly apply for compounding. The AD Banks have been directed to ensure that necessary administrative action, including the reporting of such issuances by Alternative Investment Funds to the Reserve Bank, through Foreign Investment Reporting and Management System (FIRMS) Portal and issuing of conditional acknowledgements for such reporting, is completed.

[A.P. (DIR Series 2024-25) Circular No. 7, dated 21st May, 2024]

II. Launch of PRAVAAH portal:

The RBI launched PRAVAAH portal. PRAVAAH is a secure and centralised web-based portal for any individual or entity to seek authorisation, license or regulatory approval. At present, 60 application forms covering different regulatory and supervisory departments of RBI have been made available on the portal. Even compounding applications can be submitted on the portal though no changes are yet made in the Compounding Proceedings Rules. This also includes a general purpose form for applicants to submit their requests which are not included in any other application form. The application can be submitted online; it can be tracked and monitored; response to RBI’s queries can be provided online and the decision of RBI can be received on the portal.

[RBI Press Release: 2024-2025/393 dated 28th May, 2024]

III. IFSCA notifies regulations for Book-Keeping, Accounting, Taxation and Financial Crime Compliance Services:

The IFSCA has notified a comprehensive framework for providers of Book-keeping, Accounting, Taxation and Financial Crime Compliance Services. Detailed guidelines have been prescribed for registration application, requirements for “Fit & Proper” criteria and Key Management Personnel, and other conditions.

[Notification No. IFSCA/GN/2024/003, Dated 4th June, 2024]

IV. RBI expands the scope of Overseas Portfolio Investment (OPI):

Two-fold expansion has been made pertaining to Overseas Portfolio Investment (OPI) by residents. Residents could make OPI in units issued by an overseas Investment fund provided it (the Fund) was duly regulated by the regulator for the financial sector in the host jurisdiction. This created practical issues due to diverse regulatory frameworks governing investment funds across various jurisdictions. The main hurdle was that many countries regulate the Investment Manager and not the Investment Fund. Para 1(ix)(e) of FEM (Overseas Investment) Directions, 2022 required that the Investment Fund should be regulated. An explanation has been inserted to this provision whereby “investment fund overseas, duly regulated” would also include funds whose activities are regulated by financial sector regulator of host country or jurisdiction through a fund manager.

Secondly, such OPI was allowed only in “units” of investment fund. This has now been expanded to permit any other instrument issued by investment funds; not only “units”.

[A.P. (DIR Series 2024-25) Circular No. 7, dated 7th June, 2024]

V. Facility to AD Banks for opening additional current account for settlement of export transactions now extended for settlement of import transactions as well:

AD Category-I banks who maintain Special Rupee Vostro Account vide A.P. (DIR Series) Circular No. 10, dated 11th July, 2022 on International Trade Settlement in Indian Rupees (INR) were earlier permitted to open an additional special current account for its constituents, exclusively for settlement of export transactions. Now, this facility has been extended for import transactions as well.

[RBI FED Circular No. 11, Dated 11th June, 2024]

Learning Events at BCAS

LEARNING EVENTS AT BCAS

1. Power Summit 2024 | 28th & 29th June, 2024 | Hotel Fountainhead and Imaginarium AliGunjan, Alibaug

Human Resource Development Committee of BCAS organised a two-day residential program “The Power Summit 2024” on 28th and 29th June, 2024 at Hotel Fountainhead and Imaginarium AliGunjan, Alibaug. This was the 8th season of the Power Summit with the first one being held in 2011.

Much before the last date for early bird was to end, the registrations for the Summit were full. There were many members who had even listed down their names in the Wait List. Such an overwhelming response in itself is a strong testimony of the popularity of the Power Summit amongst our members.

The Power Summit hosted 88 participants from 15 different cities. We witnessed a mixed age group of audience with members in their twenties to experienced patrons and seniors. This diversity added to the charm of the Summit. The Summit had 8 eminent faculties. The program was curated and anchored by a team of 3 esteemed members — CA Nandita Parekh, CA Ameet Patel and CA Vaibhav Manek.

This is the second year in which we continued to hold this program in residential format. The benefits in residential format was truly reaped and cherished by the participants. They got added networking opportunities and chance to have casual interactions with the faculties some of whom were present through the entire duration of the program.

The theme for the Power Summit was “Walk the Talk | Leverage AI, Technology, Capital & Collaboration”. All the sessions had been strategically crafted around this theme.

The presentations by the faculties over the two days were creative, intriguing and intertwined in a way that all the participants came back with good food for thought and also a zeal to walk forward on the growth trajectory.

The program on Day 1 started with a panel discussion on the topic of Leadership Quotient for CA Firms. CA Hitesh Gajaria and CA Milan Mody shared their journeys as panellists and candidly explained the challenges of leading a CA firm. The session was moderated by CA Nandita Parekh.

In the next session, CA J. K. Shah shared his entrepreneurial journey and inspiring everyone by touching upon the values of Courage, Conviction and Commitment.

The next session was creatively crafted by CA Vaibhav Manek in the form of a Workshop. A mock Merger Lab had been organized wherein 4 CA Firms from amongst the participants were selected and divided in group of two firms each in advance. Each group was asked to stimulate a scenario wherein they have approached each other for a potential merger. The discussions that they would have carried out in a closed meeting room was stimulated and held on stage for all the participants to observe. This gave everybody an exposure on how the real-life merger discussions take place.

The last session for the day was a power packed session on Partnering with Technology for Growth by CA Lalit Valecha and CA Rajeev Sharma. They shared their experiences and introduced the Technology Best practices for CA Firms. This session continued late into the evening and yet saw a packed house till the very end.

While Day 1 of the Summit was hosted at Hotel Fountainhead, the Day 2 of Summit was hosted at Imaginarium AliGunjan. Imaginarium AliGunjan is a state-of-the-art research facility developed by Nishith Desai Associates in Alibaug. The philosophy of Blue Sky with which the research centre has been developed inspired our participants and added to their zeal for sessions to be hosted on this Day.

Day 2 began with a session by CA Aniket Talati. He shared insightful statistics around the composition of our current fraternity and the direction in which our fraternity and the profession is moving. He also reminded the participants about the Prime Minister’s wish to have large Indian firms emerging from amongst the existing firms.

The next session was by CA Dinesh Kanabar who shared his own journey and experiences of how one can navigate or sail through the Winds of Change.

The last session of the Summit focused on the new age HR practices for professional services firms. The session was led by Pakzad Nussirabad who has headed the HR function in various organisations in the past including a CA firm. He gave useful inputs to the participants on people management and how to face the challenges of a multi generational workforce.

The Power Summit was concluded with the closing bell session from CA Nandita Parekh, CA Ameet Patel and CA Vaibhav Manek summarising the learnings of the two days and motivating everyone to carry on the energy and zeal and take necessary action on their growth trajectory. They also thanked the convenors and other members of the HRD Committee for the excellent work done in organising the Summit.

The interest of the participants was evident in terms of the involved discussions and the large number of questions raised during and after each session and also during the casual networking interactions.

The Summit succeeded in generating a lot of interest amongst the participants thereby motivating them to strategically plan for their growth. The participants were extremely thankful to the organising team for the excellent work done by them and for providing a top-quality program to them. All the participants graciously shared their Testimonies and Gratitude over WhatsApp group and Social Media platforms.

2. Webinar on Use of Technology for Practice Management in CA Firm held on 18th May, 2024 Zoom Online Meeting

The Technology Initiatives Committee of BCAS conducted a Webinar on “Webinar on Use of Technology for Practice Management in CA Firm” on 18th May, 2024. The webinar was aimed enlightening the participants on how to improve a CA Firm’s practice management techniques through the use of technology.

The webinar began with CA Rahul Bajaj explaining the dashboard of the Practice Management Software BIZALYS. He demonstrated the features of the cloud based software like minimal data entry, auto work flow reports, automated reminders to clients and staff, branch and team management, document management, departmental hearing notices management, billing and receivables, appointment, library base etc. The speaker also answered multiple questions and addressed doubts of the participants.

In the second part of the webinar Mr Kshitiz Bharti, explained the features of MyTasksoftware. He demonstrated the management problems faced by the practicing professional firms and the benefits of using technology with enhanced tracking and control. He further elaborated the unique offerings of the software like Income Tax Return Status checker, geo location based attendance, client portal, GST return status tracker etc.

Key takeaways for the participants from the webinar:

  • With increasing complexity in the various laws of the land and with multiple due dates to be taken care of, it is risky to continue to rely on manual ways of managing one’s practice.
  • Various practice management software available in the market enable CAs to put in place proper processes and rules for carrying out each task in each assignment that the firm takes up
  • Exploring the latest trends and advancements in CA practice management software.
  • Understanding how automation can enhance productivity and reduce manual errors.
  • Demonstration of the features and dashboards of the software
  • Real-life case studies showcasing the transformative impact of software’s on CA Firm operations.

The webinar had 100+ participants from more than 35 cities.

3. ITF Study Circle Meeting held on Friday, 17th May, 2024 in Hybrid mode at BCAS.

Discussion on Case Study 1 of the ITF Conference Paper II: Unraveling GAAR, SAAR, PPT and LOB – Overlap and Intricacies by CA H Padamchand Khincha. The meeting was attended by approximately 28 participants.

The International Tax and Finance Study Circle organised a meeting (hybrid mode) on 17th May, 2024 to discuss the implications and different viewpoints of Case Study 1 of the ITF Conference Paper II

  • The basic facts of the Case Study were summarised.
  • Discussions began on various questions in the Case Study.
  • Several members expressed divergent views on various issues.
  • Various rulings and interpretations with respect to GAAR provisions were discussed.
  • Some members shared their experiences dealing with GAAR provisions.
  • Divergent views on different issues were well summarised.

Speaker: CA Rohit Jethani

4. Workshop on Positive Parenting held virtually on 21st April, 2024, 28th April, 2024 and 5th May, 2024.

The Human Resources Development Committee organised a workshop on “Positive Parenting” on 21st April, 28th April and 5th May, 2024. It was attended by 48 participants.

The faculty, Rev Fr Patrick D’Mello, Dr Janice Morais and Dr Sheryl John showed how parents can enjoy with their kids at the same time bring out the best in them.

The takeaways from the workshop are briefly given below:

1. “A child is the beauty of God’s presence in the world, the greatest gift to a family.” – Mother Teresa

2. The old ways of disciplining — shouting, correcting, spanking, punishing don’t work. They impact the children negatively. They are replaced by new ways — positive incentives, contracts, empathy, environmental control, curiosity questions, ‘and’ and not ‘but’.

3. The parenting process — holding, reassuring and letting go has to be age appropriate.

4. Various problems can be solved by “connect” and “skill-building” techniques

5. How to deal with internet addiction, excessive video games, and gadgets.

6. Spend time with children on activities that will have beneficial effects for their growth and success.

7. Positive parents nurture, discipline and respect their children
8. Universal problems like excessive mobile use, no motivation, disrespect & lying were discussed and the ways to deal with them were shown.

9. Important to be aware of the common mental health problems and seek help for the same.

10. Understanding that annoying and irritating behaviour are not misbehaviour.

11. Encourage children to express themselves and not to whine.

A lot was taught, enabling parents to use new strategies to get children to become more disciplined and grow to their full potential.

5. CAMBA Certified Management Programme for CAs held on 12th to 14th April, 2024 @ ATLAS SkillTech University Mumbai

These represent CAMBA — a certified Management Programme for CAs organised by BCAS in association with the ATLAS SkillTech University, mentored by CA Naushad Panjwani and designed by Dr Chetana Asbe. Approximately 90 participants from over 20 cities attended 10+ enjoyable sessions.

It was a unique program where CAs from across the country gathered not to enhance their technical skills but to dive into the nuances of personal and professional growth. From 12th to 14th April, 2024, participants embarked on an immersive journey designed to stretch their minds and broaden their perspectives. Sessions spanned topics like ‘AI for non-technical professionals’, ‘Leadership Ascendancy’ and ‘Design thinking for goal setting’. What truly set CAMBA apart was its hands-on, experiential approach to learning. Attendees didn’t just passively absorb information; they actively engaged in real-world scenarios, solving challenges, and refining their skills in real-time.

But it wasn’t all business. In between sessions, participants bonded over unique experiences like a Heritage City Bus Tour and a delightful Food Crawl, fostering connections that transcended professional boundaries.

A standout feature was the Speed Mentoring sessions, where eager young professionals had the invaluable opportunity to tap into the wisdom of seasoned experts, gaining insights that textbooks alone could never offer.
CAMBA wasn’t just a program; it was a holistic journey of growth, camaraderie, and enlightenment — an experience that left participants not just better professionals, but better equipped to navigate the ever-evolving landscape of the professional world with poise and confidence.

6. Suburban Study Circle Meeting on “Issue-based study and discussion on Section 44AD & 44ADA” on 7th June, 2024 at C/o Bathiya & Associates LLP, Andheri (E), Mumbai.

Suburban Study Circle Meeting on “Issue-based study and discussion on Section 44AD & 44ADA”, was led by CA Viral Shah as Group Leader under the Guidance of CA Ketan Vajani.

In a comprehensive and insightful session, CA Viral Shah, under the chairmanship of CA Ketan Vajani, elucidated the intricacies of Sections 44AD and 44ADA of the Income Tax Act. The session focused on the provisions, applicability, and critical issues related to these sections, which are designed to simplify the taxation process for small businesses and professionals. The meeting was attended by approximately 20 participants. They shared their views on the following:

  • Overview of Sections 44AD and 44ADA
  • Eligibility and Conditions
  • Computation of Income
  • Advantages and Limitations
  • Practical Scenarios and Case Studies
  • Recent Amendments and Judicial Pronouncements

During the course of an engaging question-and-answer segment, participants raised queries about specific concerns and received expert advice from CA Viral Shah and CA Ketan Vajani.

The session was highly informative, providing attendees with a thorough understanding of Sections 44AD and 44ADA. Both speakers effectively highlighted the benefits of these presumptive taxation schemes while also cautioning about potential issues, ensuring that professionals and small business owners are better equipped to make informed decisions regarding their tax filings.

BCAS Foundation Annual Activities Report – 2023–2024

The Board of Trustees of the BCAS Foundation are pleased to present the Annual Report of the activities of the Foundation during the Financial Year 2023–2024.

The year witnessed many activities during the financial year with the help of volunteers and joint projects with the Human Resource Development Committee of the Bombay Chartered Accountants’ Society (BCAS). The list of activities and their impact analysis are given below:

1. Children’s Education

1.1 Digital Classrooms at Vevji, Talasari

BCAS Foundation has undertaken various projects in the Vevji area of Talasari, Maharashtra and Umbergaon, Gujarat for the benefit of tribal and other poor children.

There is an acute shortage of teachers in the Talasari area and therefore, the Foundation set up 25 digital classrooms in 11 schools in the Vevji area. Each digital classroom comprises a TV Screen and preloaded content of the curriculum of standards 1 to 10 of the SSC Board, Maharashtra. In the absence of teachers, students learn on their own with the help of digital classrooms. The project was launched on 28th January, 2023 with the help of the Rushabh Foundation and is working very well. About 1900 students will benefit every year from this project.

1.2 Distribution of Notebooks to Children at Govandi — Mankhurd

BCAS Foundation distributed 4000 notebooks to needy children studying in Municipal Schools in the Govandi — Mankhurd areas, Mumbai, with the help of Dharma Bharati Mission (DBM).

Along with DBM, the Foundation had also been engaged in a project of “Chalo English Sikhaye” for the students at Vernacular Medium Schools of Govandi — Mankhurd areas.

1.3 Educational Tailormade Games / Toys at Arch Foundation, Valsad1

Balvadi is a kind of experimental platform which not only provides interactive processes to the children but also becomes an idea exchange ground for the persons interested in assisting young kids in their foundational journey.

With the help of BCAS’s contribution, Arch Foundation earlier made a number of wooden blocks and prepared other materials which helped a number of children. Wooden Blocks and building open-ended structures, Rollers, and Water play have got children interested in trying out various structures themselves.


1. Five of the short videos of physical knowledge activities.

https://drive.google.com/drive
folders/19cIkxc0n0uNp4we12LD90MAwg6hmdrhp?usp=drive_link

This year with BCAS Foundation helped in developing some other things — indoors and outdoors in preschool and the surrounding external campus. Arch Foundation provides objects and playthings so that children act on them and create their own knowledge. Some of these interesting play games are as follows:

Balance Beam

The balance beam enables kids to be challenged while improving balance and coordination. Kids improve vestibular balance, movement coordination, and concentration while understanding their body’s centre of gravity. The balance beam also helps to improve self-confidence, learning stability and sense of reaction. Balance is fundamental in all human movement. Research shows that balance skills help children to develop better language, improve reading and writing skills, and improve concentration and body control. In practising new skills in all sports and physical activity, balance is the most essential.

Wooden Wobble Board

Due to the sturdy, design of a balance board, children will support their physical development, practice spatial awareness, and strengthen coordination as they balance.

Playgrounds offer many benefits and childhood opportunities. Playground equipment and child development are closely linked. Children can work on their mental and emotional development by building confidence as they master play equipment such as swings and slides. They can also build social skills as they learn to share, take turns and play together.

Incline

The popularity of slides on playgrounds indicates that young children are naturally interested in incline. Incline seemed particularly rich in potential in physical knowledge activity because children wonder how objects move at different speeds by letting them go without applying any force to them and at different angles and this wonderment builds up their learning.

2.0 Solar Panels at Vraj Hostel, Kaprada, Gujarat — A Green Initiative by BCAS

Sparsh Foundation: Vraj Hostel: Solar Efficient Vraj is home to 20 boys between the ages of 8–14 years, most of whom belong to poor families. The hostel is situated at Tetbari, Kaprada District and the closest city is Vapi, which is 60+ km. away.

BCAS Foundation funded the Solar set up which will make the Hostel a Green Project.

3.0 Tree Plantation Drive

As we celebrate our 75th anniversary, the BCAS Foundation proudly launched a significant green initiative, planting 7,500 trees in Banaskantha, Gujarat, which we now call BCAS वन (Forest). We are deeply grateful to our CSR Donors, Omkara Asset Reconstruction Private Limited and Siyaram Silk Mills Ltd. The Van was created with the support of Vicharta Samuday Samarthan Manch (VSSM) and we are extremely thankful to them. We express our gratitude and sincerely appreciate generous contributions from our various donors.

75 trees were planted by the volunteers of BCAS Foundation at the divine land of Siddh Guru Pith (Proposed), (Courtesy: MaBap Foundation) at Nivari Faliya, Bathi Karambeli, Sanjan, Umargaon.

4.0 INTERNATIONAL YOGA DAY CELEBRATIONS

BCAS Foundation along with MaBap Foundation celebrated International Yoga Day on 21st June, 2023 at the Prestige Banquets, Andheri East, Mumbai 400069 from 7 am to 9 am. About 30 people participated and benefited. Yoga Teacher Pradeep Thakkar, a volunteer of the MaBap Foundation conducted the session. CA Gracy Mendes and CA Anand Kothari coordinated the event with the support of BCAS staff and volunteers of the MaBap Foundation.

5.0 OTHER HELPS

Some other activities of the Foundation

During the year the Foundation extended medical and educational help to needy students and family members of the BCAS staff. The foundation also became instrumental in carrying out 50 cataract operations for poor people in Vansada, Gujarat.

We take this opportunity to thank all our donors, volunteers, sister NGOs, office bearers of schools, Office Bearers and the Staff of BCAS, and participants of all conferences / seminars at BCAS for their continued support and encouragement to carry out some noble work to make a positive difference to the world. We also thank all beneficiaries, and children for giving us an opportunity to serve you.

We welcome suggestions and request volunteers to contact us at om1@bcasonline.org.

Best Regards,
For BCAS Foundation

Trustees

Society News

LEARNING EVENTS AT BCAS

1. FEMA Study Circle meeting – “Compounding under FEMA and Practical aspects” by CA Hardik Mehta was held on 16th May, 2024 @Zoom which was attended by approximately 118 participants, wherein the following was covered:

(i) Overview of FEMA Compounding Provisions:

  •  Explanation of the Foreign Exchange Management Act (FEMA) and its objectives.
  •  Understanding the concept of compounding as an alternative to litigation for resolving contraventions under FEMA.

(ii) Eligibility for Compounding:

  •  Criteria for entities and individuals eligible to apply for compounding.
  •  Types of contraventions that can be compounded under FEMA.

(iii) Application Process:

  •  Step-by-step process for filing a compounding application with the Reserve Bank of India (RBI).
  •  Key documents and information required for the application.

(iv) Authorities Involved:

  •  Role of the Reserve Bank of India (RBI) and the Enforcement Directorate (ED) in the compounding process.
  •  Jurisdiction and powers of the compounding authorities.

(v) Calculation of Penalties:

  •  Methods and principles used by the RBI to calculate the penalties for various contraventions.
  •  Factors considered in determining the quantum of the penalty.

(vi) Timeline and Procedure:

  •  Expected timelines for the processing of compounding applications.
  •  Detailed procedure followed by the RBI fromreceipt of application to the issuance of compounding orders.

(vii) Common Contraventions and Case Studies:

  •  Discussion of frequently observed contraventions under FEMA, such as delayed reporting of foreign investments and non-compliance with ECB guidelines.
  •  Analysis of recent case studies and RBI orders to understand the practical application of compounding provisions.

(viii) Benefits of Compounding:

  •  Advantages of opting for compounding over litigation, including faster resolution and avoidance of prolonged legal battles.
  •  Impact on the company’s or individual’s compliance record.

(ix) Post-Compounding Compliance:

  •  Obligations and steps to be followed by the applicant post-compounding to ensure full compliance.
  •  Monitoring and reporting requirements after the compounding order is passed.

(x) Practical Challenges and Solutions:

  •  Discussion of practical challenges faced by entities in the compounding process

2. Direct Tax Laws Study Circle meeting on Taxation of LLPs by CA Chirag Wadhwa was held on Tuesday, 30th April, 2024 @Zoom, which was attended by approximately 77 participants, wherein the following was discussed:

1. Concepts of Limited Liability Partnerships

2. Detailed comparison of Company vs. LLP with respect to:

i. Compliance Procedures

ii. Regulatory Requirements

3. Comparison between Firms and LLP’s and FAQ’s relating to the same.

4. Income-tax implications in case of LLPs in respect of:

i. Deduction w.r.t Partner’s remuneration

ii. Carry forward of losses

iii. Assessment of LLPs

iv. Applicability of Alternate Minimum Tax to LLPs

5. Detailed explanation relating to conversion of Partnership Firm to an LLP and conversion of Company along with explanation relating to definition of “Transfer” as per Section 2(47) of the Income-tax Act, 1961, w.r.t conversion of a Company to an LLP.

The speaker concluded the session by sharingpractical experiences and challenges faced on conversion to LLP and transfer to LLP. The session wasinteractive and gave comprehensive understanding of the topic.

3. “Blood Donation & Organ Donation Awareness Drive” on 25th April, 2024

On Thursday, 25th April, 2024, the BCAS Foundation, jointly with the Seminar, Public Relations & Membership Development Committee of BCAS, held the annual “Blood Donation Drive”, enlisting the support of Tata Memorial Hospital (TMH) together with a campaign on awareness for organ and skin donation.

National Service Scheme (NSS) students (from Vidyalankar School of Information Technology) were deputed around the vicinity (including Churchgate Station), with placards to create awareness amongst the general public and commuters. Interested would-be donors were escorted to BCAS by the students.

Doctors and technicians from TMH screened 63 potential donors (including 31 brought in by the NSS students) through the detailed questionnaire filled in by them. Contrary to popular belief, patients diagnosed with cholesterol, thyroid, blood pressure issues could also donate blood, provided they met certain criteria. 43 units of blood were collected from eligible donors, which also included the President, Trustee of BCAS Foundation and few Past Presidents, BCAS members and staff.

To create awareness and dispel the myths about organ donation, an “Organ Donation Awareness Drive”, supported by Project Mumbai’s ‘Har Ghar Hai Donor’ initiative was also held. A separate desk was also provided to the Rotaract Club of Bombay North (RCBN) Skin Bank to advocate the noble act of donating skin. RCBN Skin Bank caters to the needs of the National Burns Centre (NBC), amongst others.

Through their noble act, each of the donors BeCame an Asli Superhero!

4. International Economics Study Group — “Analysing current Geopolitical & economic challenges” by CA Harshad Shah held on Monday, 22nd April, 2024 @Zoom which was attended by approximately 24 persons

In a world already embroiled in conflicts, from the volatile landscapes of Ukraine and Gaza to the tense standoff between Iran & Israel, the looming specter of confrontation casts a dark shadow over global stability. As geopolitical tensions escalate, their reverberations echo through international markets. The resulting volatility poses a significant risk, potentially triggering widespread repercussions that could have a ripple effect across economies worldwide. Adding to these geopolitical anxieties are the formidable economic challenges (stubborn inflation & unsustainable debt) confronting the world’s two largest economies, USA and China. Despite these daunting hurdles, financial markets in key regions such as the USA, Europe, Japan & India continue their upward trajectory,scaling unprecedented heights. Meanwhile, India finds itself at a crucial juncture as it navigates through a General Election. With political temperatures soaring, the spotlight is on the election manifestos of major political parties and their potential impacts on the Indian economy.

5. FEMA Study Circle meeting — “Recent updates in FEMA; Case studies in Overseas Investment — Part 1 & 2” by Naisar Shah and moderated by Harshal Bhuta was held on 16th& 22nd April, 2024 @Zoom, which was attended by approximately 111 participants, wherein the following was discussed:

The session was bifurcated into two events on two different dates

– Manner of Receipts and Payments under FEMA

– Direct Listing of Shares in Overseas Markets

– Listing on equity shares in permissible jurisdiction

– FAQs issued by Government

– Direct listing v/s depository receipts?

– Status of an unlisted public company will change upon direct listing

– Minimum public shareholding requirement?

– Resident HNIs investing indirectly?

– NRIs investing through FPI v/s. NRI investing directly

– Investment by Foreign Citizens

– CA valuation permitted even in cases where the book-building process would be done by a merchant banker

– FPI v/s. direct listing

6. Indirect Tax Laws Study Circle Meeting on Issues in Real Estate Sector by Group Leader CA Raghavender Kuncharapu and CA Sanket Shah was held on Monday, 22nd April, 2024 @Zoom which was attended by approximately 95 participants

Group leaders had prepared case studies and presentation covering various issues & challenges faced by taxpayers in Real Estate Sector under the GST law. The case studies covered the following aspects for detailed discussion on the following:

  1.  GST Registration
  2. Reversal of Input Tax Credit under Rule 42 in regard to commercial-cum-residential projects
  3.  Reverse Charge Mechanism (80:20 Rule)
  4.  Valuation, Time of Supply and GST Rate in case of RCM on following transaction:

– Transfer of Development Rights under residential redevelopment project

– Transfer of Development Rights by agriculturist

– Development agreement for shopping mall

– Additional FSI / TDR Purchase

– Buy TDS Scrip / Certificate

Participants appreciated the efforts of group leader.

7. Direct Tax Laws Study Circle meeting on Section 9B & Section 45(4) of the Income-tax Act, 1961 by Adv. Shashi Bekal was held on Friday, 12th April 2024 @Zoom, which was attended by approximately 90 participants, wherein the following points were discussed:

  1.  Difference between Partnership Firms and Limited Liability Partnerships.
  2.  Detailed analysis of section 9B of the Act, reason for its introduction, along with various frequently asked questions and his views thereon.
  3.  Detailed analysis and understanding of Section 45(4) of the Act and comparison of the same with the old provision.
  4.  FAQ’s on section 45(4) of the Act, 1961 along with methodology of computing gains as per the said section.
  5.  Interplay between section 9B and Section 45(4) ofthe Act.

The speaker’s thorough analysis of Sections 9B and 45(4) of the Act shed light on various critical aspects, offering valuable insights into their implications. The session provided clarity on the technical intricacies of these provisions and highlights their significance in taxation.

8. RRR – Read, Remember, Renew Yourself held on Saturday, 6th April, 2024 @BCAS

The Human Resources Development Committee organised a Workshop on the topic “RRR – Read Remember Renew Yourself” on 6th April, 2024, which was attended by 36 participants.

Faculty Mr. Pavan Bhattad, taught the techniques of reading and remembering.

The key takeaways from the workshop are given below:

  1.  Hardly one percent people read. If you are in those 1 per cent, it is a great thing.
  2.  Taking a book and going through it is not reading. You should be able to filter what is useful and implement the knowledge you get from the book.
  3.  Through reading we get ready knowledge gained by writers who write in various publications based on their reading, experience, research, experiments, etc. Reading gives you opportunity to grow beyond these writers. For every challenge, aspiration, goal in life there is a book for it.
  4.  Reading purposefully helps us to renew ourselves through implementing the learning from reading.
  5.  Techniques to remember what we read.
  6.  Faster we read the better we understand, still sometimes we are told to read slowly and carefully because it is important. This makes us infer that we have to read slowly, else we will not understand. Faster we read we get the gist.

9. Suburban Study Circle Meeting on “Case Studies – Interplay Between Income Tax and GST” by CA Gaurav Save and CA Kinjal Bhuta as Group Leaders in two sessions was held on 31st January and 19th March, 2024 at c/o Bathiya & Associates LLP, Andheri (E), which was attended by 10 participants.

The Group Leaders prepared very interesting case-studies through which group had very insightful discussions. They shared their views on the following:

  •  Justification of addition under section 69A.
  •  GST liability on transfer of tenancy right.
  •  Defense strategies for reassessment cases.
  •  Defense against GST mismatch notices, especially regarding NGTP credits.
  •  Inclusion of GST turnover in gross receipts calculation.
  • Applicability of sections 44AD or 44ADA for taxation.
  •  Audit requirement under section 44AB considering practice income and F&O losses.
  •  Availability of GST records to income tax authorities and AO’s access during assessments, etc.

The session was thought-provoking, grounded in real-world application, and comprehensively addressed various perspectives, with plentiful examples drawn from both practical experience and logical reasoning. This approach greatly enhanced the group’s comprehension and engagement with the subject matter.

The session saw lively engagement from the participants, with numerous questions raised and effectively addressed by the group leaders. The interactive nature of the discussion enriched the experience for everyone involved.

10. Half day Seminar on Restructuring of Family Owned Businesses (BCAS jointly with IMC & CTC) held on Friday, 15th March, 2024 @IMC.

First Session: Family-owned Business –Succession / Estate planning (Live case studies) – Including to cover conversion from firm / LLP / Companies – Private Trust etc.

Taxation Committee organised a Half Day Seminar on Restructuring of Family owned businesses at Walchand Hirachand Hall in a hybrid mode.

There was an introduction given by the representatives from all the three organisations.

Moderator CA Anil Sathe started the proceedings after the brief introduction of the panelists. All the three panelists touched upon the brief aspects of the need for restructuring in the family-owned businesses.

CA Sweta Shah explained the various scenarios which the family-owned business groups faces while restructuring for different reasons. She highlighted the reasons beyond tax for such restructurings involving Estate and Succession Planning.

CA Amrish Shah touched upon tax nuances and also the popular structures most organisations adopt in Estate and Succession Planning. Trust as a vehicle was also discussed in detail.

CA Anup Shah explained some of the finer aspects involving corporate and other allied laws. He also explained the situations in case of foreign assets and cross-border issues under FEMA and tax. He also answered queries on HUF and its partition.

Second Session: Restructuring of Businesses – including getting ready for IPO and fund-raising and for that purpose undertaking Merger / Demerger, Slump Sale to carve out core business vs Investments vs separating Brands / Patents, etc. (live Case Studies) In the second session, there were six different case studies which were discussed by the eminent panelists.

All three panelists CA Ketan Dalal, CA Pranav Sayta, and CA Girish Vanvari were very candid in their views on the case studies which involved some real life cases.

They also explained the issues which one can face in case of mergers and demergers without any substantial reason except tax benefit. GAAR and its implications were discussed in detail.

They also emphasised the need for simple structures and avoid complex ones as they can be litigation prone. There
was also a couple of case studies which dealt with cross border mergers and demergers. They explained the implications of reverse mergers and issues arising from them.

Last Session: Family Governance and need for family constitution- Impact on private vs public companies – Binding nature – can it over-ride AOA etc.

Last session was by CA Dinesh Kanabar on the various aspects of Governance of family owned businesses. His presentation was very lucid and covered most of the aspects regarding governance of family owned businesses.

He explained through various examples of both private and public companies the importance of the family constitution and the group abiding by the same.

The entire half-day seminar was well received by both physical and virtual participants. There was an overwhelming response of 200-plus registrations for the same.

This session was chaired by CA Rajan Vora.

11. Full Day Workshop on Bank Audit held on Friday, 15th March, 2024 @BCAS, attended by 52 participants.

(Jointly organised by the Accounting & Auditing & Seminar Committee)

  •  A full-day workshop was conducted to appreciate the intricacies of Central Statutory Audit and how one should approach the same.
  •  There were five sessions concluding with a Panel Discussion.
  •  The first session topic was How to Prepare for a Bank Audit which highlighted key points in audit planning, do’s & don’ts and important reference material.
  •  The second session was on Embracing Digital Transformation in Bank Audits” which highlighted the journey of auditing in digitalised environment.
  •  The third session was on “Verification of Advances” in which critical aspects such as IRAC norms were discussed while auditing bank’s advances.
  •  The fourth session was on “Finalization, Reporting and Practical Challenges for audit for FY 2023-2024“ wherein all critical points and practical challengesfaced by auditors while closing FY24 audits were discussed.
  •  The last session was on “Frauds reporting including NFRA responsibilities” wherein various reporting responsibilities were discussed.
  •  The panel discussion was conducted around changing role of bank audit and expectations from auditors.

Speakers: CA Sandeep Welling, CA Ashutosh Pednekar, CA Vipul Choksi, CA Manish Sampat, CA Priyanka Palav, CA Sushrut Chitale, CA Mukund Chitale, CA Jayant Gokhale, CA Ketan Vikamsey.

Light Elements

In the course of my travel for work, I was once required to stay in a small town in interiors of Maharashtra. I was staying for a couple of days and my schedule as usual was jam packed. Too many things to be completed by meeting various people who were least serious about time! For professionals from Mumbai, this is rather difficult to tolerate but one has to live with it.

I started from my hotel room in the morning and as the monsoons were about to start, it was unbearably humid. Suddenly, there was a brief shower but enough to fill the potholes with water. The road was very narrow and the traffic of rickshaws, scooters and tangas was affected. I stopped to shelter at a roadside shop. I had carried limited clothes and did not want to get wet in the drizzle. I was observing and enjoying peoples’ reactions and overall life of the local people. All of a sudden, I heard the sound of ‘zaanj’ (a traditional musical instrument used for side rhythm). Gradually, I could hear people singing bhajans of ‘Shree Ram Jay Ram, Jay Jay Ram’. I could make out that it was a funeral. Slowly it passed by the road where I was stranded in the rains.

There were quite a few people in the funeral. Around me, people were trying to guess who had died. Somebody said the person who died was not a resident of that village. He was a guest from a distant city. Another said he was the Patil (village mukhiya). Gossip was on though no one had identified as to who was the deceased person. The road was blocked. People in a hurry started cursing him – ‘Arey yaar, is ko abhi hi marna tha! All work is suffering.

Some people were offering namaskaar (homage) to the deceased person and enquiring with each other as to who he was. There was no conclusion reached since that person was perhaps a stranger in that village.

Many people were standing in the shelter of various shops. The procession was quite long. Perhaps, the person had some political connections.

A small schoolboy of six or seven was silently standing beside me and keenly observing the scene. He was perhaps on his way to school. Since there was a crowd around, I was also curious to know who had died. I asked that innocent boy, “Who died?”

The boy gave a very amusing though correct answer.

“The one whom they are carrying on their shoulders has died!”

Statistically Speaking

Regulatory Referencer

I. DIRECT TAX: SPOTLIGHT

1. Extension of due date for filing of Form No. 10A/I0AB under the Income-tax Act — Circular No. 7/2024 dated
25th April, 2024

The due date for filing Form 10 and 10AB was extended in terms of circulars issued from time to time. The date is now further extended up to 30th June 2024 in cases listed in the circular.

2. CBDT vide Notification No. S.O. 2103(E) dated 24th May, 2024 declared the Cost Inflation Index of the Financial Year 2024–2025 as “363”.

II. SEBI

1. SEBI launches ‘SCORES 2.0’, a new version of the SEBI Complaint Redressal System: SEBI with an objective to make the redressal process more efficient, has introduced SCORES 2.0, a new version of SEBI Complaint Redress System. It is expected that this measure would lead to auto-routing and auto-escalation, monitoring by ‘Designated Bodies’ and reduction of timelines. Investors can lodge complaints only through the new version from 1st April, 2024. In the old SCORES, investors would not be able to lodge new complaints. However, they can check the status of their complaints already lodged and pending in old SCORES. [Press release No. 06/2024, dated 1st April, 2024]

2. SEBI allows reporting entities to use e-KYC Aadhaar Authentication services of UIDAI in the Securities Market as ‘sub-KUA’: Earlier, MoF vide notification dated 20th February, 2024 allowed 24 reporting entities to perform Aadhaar authentication services under the Aadhaar Act, 2016. These entities are now allowed to perform authentication services of UIDAI in the securities market as sub-KUA. The KUAs shall facilitate the onboarding of these entities as sub-KUAs to provide the services of Aadhaar authentication with respect to KYC. [Circular No. SEBI/HO/MIRSD/SECFATF/P/CIR/2024/21, dated 5th April, 2024]

3. SEBI introduces a standard reporting format of ‘Private Placement Memorandum audit report’ for AIFs: SEBI has introduced a standard reporting format for Alternative Investment Funds (AIF) in the Private Placement Memorandum (PPM) audit report. This is to ensure uniform compliance standards and facilitate ease of compliance. The reporting format has been prepared in consultation with the pilot Standard Setting Forum for AIFs (SFA). It shall be hosted on the websites of the AIF Associations. [Circular No. SEBI/HO/AFD/SEC-1/P/CIR/2024/22, dated 18th April, 2024]

SEBI relaxes the requirement of publishing ‘fit and proper’ text on contract notes to enhance ease of doing business: SEBI received representations from market participants via the Industry Standards Forum (ISF) to relax the requirement under the Master Circular dated 16th October 2023, of publishing text related to ‘fit and proper’ on contract notes. SEBI has now waived the requirement of publishing ‘fit and proper’ text on contract notes as a step to enhance the ease of doing business. Only a reference to applicable regulations about ‘fit and proper’ must be made part of the contract note. [Circular No. SEBI/HO/MRD/MRD-POD-2/P/CIR/2024/25, dated 24th April, 2024].

4. SEBI amends Alternative Investment Funds Regulations, 2012; introduces a new regulation for ‘dissolution period’: SEBI has notified the SEBI (Alternative Investment Funds) (Second Amendment) Regulations, 2024. As per the amended norms, a new regulation 29B relating to the dissolution period has been inserted. It states that a scheme of an Alternative Investment Fund may enter into a dissolution period in the manner and subject to the conditions specified by the Board. Further, SEBI has introduced definitions of ‘dissolution period’ and ‘encumbrance’ under Regulation 2 of existing regulations. [Notification No. SEBI/LAD-NRO/GN/2024/168, dated 25th April, 2024]

5. SEBI allows AIFs to create encumbrances on their equity holdings in investee companies engaged in the infrastructure sector: SEBI has allowed Category I and Category II AIFs to create encumbrances on their holdings of equity in investee companies, engaged in the business of development, operation or management of projects in any of the infrastructure sub-sectors listed in the harmonised Master List of Infrastructure issued by the Central Government. This move aims to provide ease of doing business and flexibility to Category I and II AIFs to create encumbrances to facilitate debt raising by such investee companies. [Circular No. SEBI/HO/AFD/POD1/CIR/2024/027, dated 26th April, 2024].

6. SEBI allows recognised stock exchanges to carry out administration and supervision over specified intermediaries: SEBI has notified the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2024. A new regulation 38A has been inserted into the existing regulations. This regulation states that the activities of administration and supervision over specified intermediaries may be carried out by a recognised stock exchange with the approval of the Board on such terms and conditions as may be specified. [Notification No. SEBI/LAD-NRO/GN/2024/171, dated 26th April, 2024]

7. Investment Advisers/Research Analysts applying for registration shall be listed with a recognised body corporate: SEBI has amended the Research Analysts and Investment Advisers Regulations. As per the amended norms, SEBI may recognize a body or body corporate for administration and supervision of research analysts and investment advisers on such terms and conditions as may be specified by SEBI. Further, registration with this body corporate will be required as one of the qualifications for obtaining a registration certificate for Investment Advisers and Research Analysts. [Notification No. SEBI/LAD-NRO/GN/2024/169 & 170, dated 26th April, 2024]

8. SEBI allows one-time flexibility to AIF schemes whose liquidation period expired to deal with unliquidated investments: Earlier, SEBI notified SEBI (Alternative Investment Funds) (Second Amendment) Regulations, 2024, to provide flexibility to AIFs and investors to deal with unliquidated investments of their schemes. SEBI has now allowed one-time flexibility to AIF schemes whose liquidation period has expired to deal with unliquidated investments. Thus, AIF schemes, whose liquidation period has expired or shall expire on or before 24th July, 2024 shall be granted a fresh liquidation period till 24th April, 2025. [Circular No. SEBI/HO/AFD/POD-I/P/CIR/2024/026, dated 26th April, 2024]

III. FEMA

1. Corresponding FEMA amendment on liberalisation of FDI in Space sector:

In March 2024, the FDI policy on the Space sector was eased by bringing specified sub-sectors under the Automatic Route, which was earlier under the Government approval route only. The corresponding amendment under FEMA has now been made in Schedule I of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 by prescribing liberalized thresholds in specified sub-sectors or activities. The investee entity shall be subject to sectoral guidelines as issued by the Department of Space from time to time. Specific sectoral categorizations and definitions are provided in the notification.

[FEM (Non-Debt Instruments) (Third Amendment) Rules, 2024.

Notification S.O. 1722(E) [F. NO. 1/5/EM/2019], dated 16th April, 2024]

2. Funds raised on overseas listing by Indian companies permitted to be held abroad in foreign currency:

Recently, Indian companies have been permitted to list their equity shares on International Exchanges. FEMA Notification 10(R) – FEM (Foreign Currency Accounts By A Person Resident In India) Regulations, 2015, has been amended to permit Indian companies to hold funds raised through direct listing of equity shares on International Exchanges in foreign currency accounts with a bank outside India.

[FEM (Foreign Currency Accounts by a Person Resident In India) (Amendment) Regulations, 2024. Notification No. FEMA. 10R(3)/2024-RB, dated 19th April, 2024]

3. RBI raises caution against unauthorised entities providing forex facilities to residents:

RBI has raised caution against unauthorised entities offering foreign exchange (forex) trading facilities to Indian residents with promises of disproportionate/exorbitant returns. Such entities take recourse to engaging local agents who open accounts at different bank branches for collecting money towards margins, investment, charges, etc. These accounts are opened in the name of individuals, proprietary concerns, trading firms, etc., and the transactions in such accounts are not found to be commensurate with the stated purpose for opening the account in several cases. RBI has also observed that these entities are providing options to residents to remit/deposit funds in Rupees for undertaking unauthorised forex transactions using domestic payment systems like online transfers, payment gateways, etc. RBI has brought FEMA provisions and other directions issued by them to the attention of the Authorised Dealer Banks and advised them to be more vigilant and exercise greater caution in this regard. Further, RBI has mandated such AD Cat-I banks to report an account being used to facilitate unauthorised forex trading to the Directorate of Enforcement, Government of India.

[A.P. (DIR Series 2024-25) Circular No. 2, dated 24th April, 2024]

4. Specified non-bank entities permitted by IFSCA to issue derivative instruments in GIFT-IFSC with Indian securities as underlying:

Presently, the Authority permitted IFSC Banking Units, registered with SEBI as FPIs to issue Derivative Instruments. IFSCA has now allowed IFSCA-registered non-bank entities, registered with SEBI as Foreign Portfolio Investors (FPIs), to issue Derivative Instruments with Indian securities as underlying, in GIFT-IFSC.

[Circular: IFSCA/CMD-DMIIT/NBE-DI/2024-25/001 dated 2nd May, 2024]

5. Non-residents are permitted to open interest-bearing accounts for posting and collecting margins in India for permitted derivative contracts:

RBI has notified the FEM (Deposit) (Fourth Amendment) Regulations, 2024. Sub-regulation (6) has been inserted into Regulation 7. As per the amended norms, an authorised dealer in India may allow a person resident outside India to open, hold and maintain an interest-bearing account in Indian Rupees and/or foreign currency for posting and collecting margins in India for permitted derivative contracts entered into by such person as
per FEM (Margin for Derivative Contracts) Regulations, 2020.

[Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024, Notification No. F. No. FEMA 5(R)/(4)/2024-RB dated 6th May, 2024]

6. NRIs and OCIs permitted to invest in India through IFSC-based FPIs:

At present, Regulation 4(b) of SEBI’s FPI Regulations states that the FPI applicant cannot be a Non-resident Indian (NRI) or Overseas Citizen of India (OCI). Further, Regulation 4(c) restricts investment by NRIs and OCIs in an FPI to a maximum of 50 per cent of the total contribution in the corpus of the applicant along with other applicable conditions. SEBI had issued a Consultation Paper on permitting increased participation of NRIs and OCIs into SEBI-registered FPIs based out of IFSCs in India and regulated by the IFSCA.

Following these discussions, the SEBI Board, in its meeting held on April 30, 2024, has now permitted increased participation by NRIs and OCIs in Indian securities through FPIs based in IFSC under two alternative routes:

a. Under Route 1, NRI/OCI/Resident Individual (RI) investors may contribute up to 100% in the corpus of IFSC-based FPIs where such FPIs will be, inter alia, required to submit copies of PAN (or other suitable documents in the absence of the same), of all their NRI/OCI/RI individual constituents, along with their economic interests in the FPI, to the DDP. The modalities for this alternative shall be specified by SEBI.

b. Under Route 2, NRI/OCI/RI investors may contribute up to 100% in the corpus of IFSC-based FPIs, but without the FPI required to submit the documents mentioned in Route 1. However, there is a list of several conditions to be met in this route pertaining to the independence of the entity taking investment decisions, non-permissibility of segregated portfolios, the minimum number of investors prescribed, the maximum share of the corpus prescribed, etc.

[SEBI Press Release No. 08/2024 dated 30th April 2024; & IFSCA Circular F. No. IFSCA-IF-10PR/2/2024-Capital Markets dated 2nd May, 2024]

7. RBI issues Master Direction on ‘Margining for Non-Centrally Cleared OTC Derivatives’:

The draft Directions prescribing guidelines for the exchange of initial margin for Non-Centrally Cleared OTC Derivatives were issued on June 16, 2022. Based on the feedback received from the market participants, RBI has now issued the Master Direction on ‘Margining for Non-Centrally Cleared OTC Derivatives’. Non-centrally cleared derivatives (NCCDs) mean derivative contracts whose settlement is not guaranteed by a central counterparty. A Central counterparty is an entity that interposes itself between counterparties to contracts traded in one or more financial markets, becoming the buyer to every seller and the seller to every buyer and thereby ensuring the performance of open contracts.

[RBI/FMRD/2024-25/117.

FMRD.DIRD.01/14.01.023/2024-25

dated 8th May, 2024]

Society News

LEARNING EVENTS AT BCAS

1. Report on the Members’ HRD Study Circle Meeting held on 11th April, 2024

HRD Study Circle organised a lecture meeting which was attended by 142 participants on the topic ‘8 S Model for success guided by Mahabharata and life of Lord Krishna’. Speaker CA Hitendra Gandhi who is a post graduate in comparative Religions & World University drew a parallel between the ancient knowledge system and the present system of business and governance. He explained that the relevance of each ‘S’ in his model with reference to the modern concepts and theories of business and entrepreneurship. He presented a chart as given below explaining the link between ancient knowledge and modern theory.

He narrated several anecdotes from the Mahabharata and life of Lord Shri Krishna that has inspired generations to succeed in their endeavors. In his opinion the bestpart was that if one delves little deeper, each of this anecdote can be directly related to one of the ‘S’ in his model.

The Chairman Mihir Sheth summarised by saying that every Epic cuts through the prism of time. Though all essential components of storytelling such as Content, Characters, Crisis and Conclusion are common, what differentiates Epic from the ordinary tale is its ability to leave its audience with timeless learning from each of the component -not just the predictably mundane conclusion.

2. Women’s Day Celebrations 2024 “Present Positive = Future Ready” on Thursday, 28th March, 2024 at BCAS Hall by Seminar, Public Relations & Membership Development (SPR&MD) Committee

A specially curated evening to celebrate International Women’s Day was organised under the aegis of the SPR&MD Committee. The event attracted a full house of 60+ participants (including some erudite men too).

The evening commenced with high tea for all those gathered. Chairman, CA Uday Sathaye welcomed the audience and touched upon the origin of this day, and the BCAS context for celebrating this event. In a departure from tradition, the First Lady of BCAS, Ms Khushboo Chirag Doshi addressed those gathered, taking them through the many challenges that women have, since times immemorial, bravely weathered and overcome with grit and determination. The discussion with the two speakers, Ms Naz Chougley and Ms Rupal Tejani was moderated by CA Ashwini Chitale and CA Preeti Cherian.

In her presentation, Ms Chougley elaborated on the techniques behind filling one’s life with joy and happiness. She briefed the audience on Ho’oponopono, the Hawaiian practice of reconciliation and forgiveness which aims to bring about healing, understanding, and connection within oneself and with others. She touched upon the importance of concentrating on one’s breath work, focusing on what one wants (rather than on whatone doesn’t), creating intentions by aligning thoughts, feelings and beliefs, expressing gratitude andappreciation. She also spoke of the benefits of practising CTC (cut the crap) and MYOB (mind your own business) when one is being dragged into vibrations which are negative and harmful. During her talk, she led the audience through exercises such as inner child healing and meditation.

Ms Tejani shared her journey of finding her calling, the enterprising streak that she harbours leading her to successfully cultivate saffron bulbs in the climes of Mahabaleshwar! She elaborated on the immense satisfaction she derives from witnessing the cascading benefits of an empowered local community (especially the women folk) that she employs. Her venture has successfully tied up with local farmers and taught them eco-friendly and sustainable practices, resulting in superior quality of produce.

Both speakers deftly handled floor questions during their talk. A round of rapid-fire questions and a contest by Ms Tejani designed to gauge the participants’ understanding of fruits and vegetables raised the level of excitement in the air. The winners were gifted bountiful hampers sponsored by Ms Tejani.

The vote of thanks was proposed by the Second Lady of BCAS, Ms Silky Anand Bathiya. In keeping with the theme, the entire event was aptly captured in the lens of a professional lady photographer. Ms Kanika Nadkarni. As a parting gift, each and every member in the audience left the venue with a box of lush golden berries sourced from Ms Tejani’s farm in Mahbaleshwar.

3. Suburban Study Circle Meeting on “Critical Issues under GST” on Wednesday 20th March, 2024 at Bathiya& Associates LLP, Andheri (E)

Suburban Study Circle Meeting on “Critical Issues under GST”, was conducted by CA Payal (Prerna) Shah as a Group Leader, was attended by 10 participants.)

Group Leader CA Payal prepared very thought-provoking case-studies through which the group had veryinsightful discussions. She shared her views on the following:

  •  ITC availment – How does one avail ITC? By recording in books or in return?
  •  ITC reversal and re-availment
  •  Cross-charge
  •  Input Service Distributor vs. Cross-charge.
  •  Classification & interplay of Customs and GST

The session was knowledgeable, practical and all the views were very well covered with numerous examples and reasoning to make it enriching for the group to understand it better.

The session had wonderful interactive participationfrom the group. There were large number of queriesfrom the participants which were addressedsatisfactorily by the group leader. CA Payal’scommand on the subject was well appreciated by the group.

4. Students Study Circle – Bank Branch Audit from article’s perspective held on Wednesday, 20th March, 2024 at Zoom.

The BCAS Students Forum, under the auspices of the HRD Committee, organised an interactive session with students on bank branch audit from an article’s perspective. The session took place on Wednesday, 20th March, 2024, from 6:00 PM to 8:00 PM via Zoom meeting.

The Students Forum invited CA Rishikesh Joshi (Mentor) and Ms Sonal Sodhani (Group Leader) to provide guidance on bank branch audit.

CA Raj Khona, a member of the HRD Committee, along with student volunteers, warmly welcomed the speakers and student participants with their kind words. They also provided briefings about the session.

After that, Group Leader Ms Sonal Sodhanitook over the session and shared her knowledge on the topic, which focused on bank branch audit from an article’s perspective. The session mainly covered key aspects such as planning a bank branch audit, the long form of audit report,returns and certificates, and closing & documentation of data during branch audits. Additionally, Ms Sodhani provided a brief overview of Schedule 9 Advances of Bank Financial Statements. Mentor CA. Rishikesh Joshi guided the student participants between the topics, offering deep insights and knowledge on the audit of bank branches to provide more clarity on important topics.

The Student Volunteers thanked the speakers and attendees for the session. About 400 students were benefited from this session, and their feedback was very positive.

Link to access the session:

https://www.youtube.com/watch?v=3F4P50GJ01M

QR Code:

 

5. Students Study Circle on Income Tax held on Monday, 19th February, 2024 on Zoom platform

Mr Vineet Jain, mentored by CA Sharad Sheth, led discussions on critical aspects of taxation, including Faceless Assessments, Penalty Proceedings, and CIT (A), elucidating the evolving landscape of income tax assessments. The session was attended by approximately 176 participants.

Emphasising strategic utilisation, Vineet demonstrated the application of judicial decisions and case laws for effective tax planning and compliance.

A practical walk through of the Income Tax Portal was provided, enabling participants to adeptly respond to notices and navigate the digital platform.

Dispelling prevalent misconceptions, Vineet addressed myths surrounding tax litigations, ensuring participants were equipped with accurate information.

The webinar, conducted on 19th February, 2024, on Zoom platform from 6 pm to 8 pm, served as a comprehensive guide, offering valuable insights and empowering attendees in the field of taxation.

Link to access the session:

https://www.youtube.com/watch?v=Uw8noZxw190

QR Code:

28th International Tax And Finance Conference

Gathered at the luxurious The Corinthians Resort and Club Pune, the 28th International Tax and Finance (ITF) Conference unfolded from 4th to 7th of April, 2024, showcasing a remarkable turnout of over 270 participants, including distinguished faculties and special invitees. Hosted under the esteemed banner of the International Taxation Committee of BCAS, this conference stood as a beacon for professionals in the intricate realm of international tax and finance, offering an immersive platform for knowledge exchange, idea sharing, and invaluable networking opportunities.

The Conference covered the following:

DYNAMIC ENGAGEMENTS

The participants were divided into four groups, each group ably led by group leaders (aggregating to 24, 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.

An overview of each of the sessions follows:

Day 1: 4thApril, 2024 — Opening Horizons

President CA Chirag Doshi and Chairman CA Nitin Shingala set the stage ablaze with their visionary remarks, unveiling BCAS’ ambitious initiatives and insights into India’s burgeoning international trade landscape. The inauguration, graced by luminaries including Key Note Speaker Shri Anand Deshpande and esteemed past presidents, was adorned with the ceremonial lighting of the lamp, symbolising the enlightenment to come.

 

Shri Anand Deshpande’s keynote address, an illuminating exploration into the transformative potential of AI in the accounting and taxation domain, captivated the audience with real-life applications and visionary perspectives.

 

A spirited Group Discussion on Cross-BorderStructuring of Family-owned Enterprises Income Tax and FEMA Intersection, complemented by a comprehensive presentation by Rutvik R. Sanghvi, ignited intellectual fervour under the adept moderation of CA Pinakin Desai.

Day 2: 5th April, 2024 — Navigating Complexity

The day commenced with an engaging Group Discussion on Unravelling GAAR, SAAR, PPT, and LOB — Overlap and Intricacies). The discussion was engaging and informative, with participants actively sharing their experiences and insights on the subject matter.

Following the GD, CA Shishir Lagu’s elucidation on USA Taxation further enriched the discourse, shedding light on multifaceted compliance and legal challenges with respect to the topic.

The unveiling of CA Padamchand Khincha’s exhaustive paper (spread into two parts), navigating the labyrinth of tax intricacies, facilitated a deeper understanding of regulatory overlaps, expertly chaired by CA Kishore Karia.

Day 3: 6th April, 2024 — Insightful Dialogues

Participants delved into riveting Case Studies in International Tax, followed by Adv. Aditya Ajgaonkar’s profound discourse on the Interplay of the Black Money Act and PMLA in International Taxation, illuminating the legal landscape.

A captivating Panel Discussion on Transfer Pricing, chaired by CA TP Ostwal and featuring distinguished panellists CA Vijay Iyer, Mr Bhupendra Kothari and Ms Monique Herksen (online), explored industry-specific challenges and global trends, including pertinent topics such as Carbon Credits and ESG, underscoring the evolving dynamics of international tax compliance.

Day 4: 7thApril, 2024 — Culminating Reflections

The conference reached its pinnacle with a stimulating Panel Discussion on Case Studies in International Tax, moderated by CA Hitesh Gajaria, where panellists, CA Vishal Gada, Ms Malathi Sridharan & Mr R.S Syal dissected intricate scenarios with precision and insight, leaving attendees enriched with practical wisdom and strategic insights. The discussion was centered around six case studies.

CONCLUDING NOTES

Under the visionary leadership of Chairman CA Nitin Shingala and Co-Chairman CA Chetan Shah, along with the dedicated efforts of Chief Conference Director CA Divya Jokhakar and Co-Director CA Naman Shrimal and their tireless team, the 28th ITF Conference concluded triumphantly, leaving an indelible mark on the global tax discourse and garnering enthusiastic acclaim from all quarters.

Other members of the core team were CA Jagat Mehta, 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.

 

Book Review

Title of the Book: EMBRACE THE FUTURE

Author: R GOPALAKRISHNAN AND HRISHI BHATTACHARYYA

Reviewed by SHIVANAND PANDIT

Embrace the Future provides deep insights into the nuanced art of business transformation, steering organisations through the intricate process of adjusting to the constantly shifting landscape of tomorrow.

In this book, the authors offer a profound exploration of the intricate dynamics of organisational change and transformation. Drawing from their wealth of experience and expertise, they delve into fundamental principles crucial for navigating the ever-evolving landscape of business. Through compelling insights and real-world examples, the authors illuminate key strategies for driving sustainable growth and fostering resilience in the face of uncertainty.

Several points deeply resonated with me as I delved into the pages of the book:

UNDERSTANDING THE DYNAMICS OF CHANGE

Within their analysis, the authors delve deeply into the crucial role that agility, resilience and foresight play in the facilitation of successful transformational initiatives within organisations. They emphasise the pressing need for these entities to swiftly adapt to the ever-shifting terrains of their environments, recognising that the ability to remain flexible and adaptable is not merely advantageous but rather vital for their continued existence and relevance.

Central to their argument is the notion that a comprehensive understanding of the dynamics of change is paramount for leaders. By grasping the nuances of these dynamics, leaders can effectively anticipate and respond to fluctuations within the market, thereby positioning their organisations strategically amidst uncertainty. This proactive stance enables leaders to steer their organisations towards growth opportunities, leveraging their foresight to capitalise on emerging trends and navigate potential challenges with resilience.

In essence, the authors advocate for a holistic approach to change management — one that prioritises agility, resilience and foresight as indispensable attributes for organisational success in an ever-evolving landscape. Through this lens, leaders are empowered to not only adapt to change but also to embrace it as a catalyst for innovation and growth.

NAVIGATING DISRUPTION AND INNOVATION

In a world characterised by disruptive forces and rapid technological advancements, organisations must embrace innovation as a means of staying competitive. Gopalakrishnan and Bhattacharyya showcase how successful organisations leverage disruption to their advantage, using it as a catalyst for transformation. Through compelling case studies, they illustrate practical frameworks for fostering a culture of innovation, embracing emerging technologies and seizing new opportunities in the marketplace.

EMPOWERING LEADERSHIP AND COLLABORATION

Effective leadership plays a pivotal role in driving and sustaining organisational transformation. The authors underscore the importance of empowering leaders who can inspire and mobilise teams towards a shared vision of the future. They provide valuable insights into leadership practices, communication strategies and change management techniques essential for navigating complex transformation journeys. Furthermore, they emphasise the significance of collaboration, highlighting how cohesive teamwork fosters innovation and drives organisational success.

CULTIVATING A LEARNING MINDSET

Central to the book’s philosophy is the notion of continuous learning and adaptation. Gopalakrishnan and Bhattacharyya advocate for a growth mindset, encouraging individuals and organisations to embrace lifelong learning as a cornerstone of success. They offer actionable advice and practical tools for cultivating a culture of learning, experimentation and adaptation. By fostering a mindset of curiosity and openness to new ideas, organisations can stay ahead of the curve and thrive in an ever-changing environment.

SUSTAINABLE GROWTH AND IMPACT

Beyond pursuing short-term gains, the authors stress the importance of sustainability, ethics and social responsibility in driving meaningful business transformation. They explore how organisations can align their objectives with broader societal goals, making a positive impact on the world while achieving business success. By embracing their broader purpose and integrating sustainability into their core practices, organisations can create lasting value for stakeholders and contribute to a more sustainable future.

To conclude, Embrace the Future serves as a comprehensive guide for leaders, change agents and organisations embarking on the journey of transformation in an era of unprecedented change and opportunity. With its profound insights and practical strategies, the book equips readers with the tools they need to navigate uncertainty, embrace innovation and drive sustainable growth in today’s dynamic business landscape.

Miscellanea

1. TECHNOLOGY

# Government agency CERT-In finds multiple bugs in Microsoft products, asks users to update immediately

The Indian Computer Emergency Response Team (CERT-In) on Friday warned users of multiple vulnerabilities in Microsoft products which could allow an attacker to obtain information disclosure, bypass security restriction and cause denial-of-service (DoS) conditions on the targeted system.

The Indian Computer Emergency Response Team (CERT-In), a division under the Ministry of Electronics & Information Technology, issued a warning on Friday regarding several vulnerabilities present in Microsoft products. These vulnerabilities, if exploited, could lead to information disclosure, security restriction bypass, and denial-of-service (DoS) conditions on affected systems.

The affected Microsoft products encompass a wide range, including Microsoft Windows, Microsoft Office, Developer Tools, Azure, Browser, System Center, Microsoft Dynamics, and Exchange Server.

CERT-In’s advisory highlighted that these vulnerabilities could enable attackers to gain elevated privileges, disclose information, bypass security restrictions, execute remote code, perform spoofing attacks, or trigger denial of service conditions.

Specifically addressing Microsoft Windows, CERT-In explained that vulnerabilities stem from inadequate access restrictions within the proxy driver and insufficient implementation of the Mark of the Web (MotW) feature.

To mitigate these risks, users are strongly urged to apply the recommended security updates outlined in the company’s update guide.

In addition to Microsoft products, CERT-In also cautioned users about vulnerabilities in Android and Mozilla Firefox web browsers. These vulnerabilities could potentially expose sensitive information, allow arbitrary code execution, and induce DoS conditions on targeted systems.

The affected software versions identified in the advisory include ‘Android 12, 12L, 13, 14’, as well as ‘Mozilla Firefox versions prior to 124.0.1 and Mozilla Firefox ESR versions before 115.9.1’.

Some of the multiple vulnerabilities were found inAndroid and Mozilla Firefox web browsers too which could allow an attacker to obtain sensitive information, execute arbitrary code and cause DoS conditions on the targeted system.

Hence, follow the advisory to update ‘Android 12, 12L, 13, 14’, and ‘Mozilla Firefox versions prior to 124.0.1 and Mozilla Firefox ESR versions before 115.9.1’, said the agency.

(Source: International Business Times – By Isha Roy – 12th April, 2024)

2. HEALTH/SCIENCE/SOCIETY

# This could be a reason for your late-night chocolate cravings

If you have spent nights eating chocolates or ice cream, then ‘loneliness’ can be the reason behind the binging on sugary items, say researchers.

According to the study published in the journal JAMA Network Open, loneliness can cause an extreme desire for sugary foods.

To conduct the study, the researchers linked brain chemistry from socially isolated individuals to poor mental health, weight gain, cognitive loss, and chronic diseases such as Type 2 diabetes and obesity.

Senior study author Arpana Gupta, an Associate Professor at the University of California, Los Angeles, said that she wanted to observe the brain pathways associated with obesity, depression, and anxiety, as well as binge eating, which is a coping mechanism against loneliness.

The study included 93 premenopausal participants, and the results indicated that people who experienced loneliness or isolation had a higher body fat percentage.

Moreover, they displayed poor eating behaviours such as food addiction and uncontrolled eating.

Scientists used MRI scans to monitor the participants’ brain activity while they were looking at abstract images of sweet and savoury foods. The results revealed that individuals who experienced isolation had more activity in certain regions of the brain that are responsible for reacting to sugar cravings.

These same participants showed a lower reaction in areas that deal with self-control.

According to Gupta, social isolation can cause food cravings similar to “the cravings for social connections”.

(Source: International Business Times – By IBT News desk – 22nd April, 2024)

3. SPORTS

#Chess World Championships: India’s Gukesh to fight China’s Ding Liren for ultimate prize in November-December 2024

17-year-old from Chennai emerged victorious in the Candidates tournament in Toronto, a prestigious eight-player event held to handpick the challenger to the world champion.

India’s D Gukesh will take on reigning world champion Ding Liren in the World Chess Championship in November-December this year.

This was revealed by Emil Sutovsky, the CEO at FIDE, the global governing body of chess, on social media after the 17-year-old from Chennai had emerged victorious in the Candidates tournament in Toronto, a prestigious eight-player event held to handpick the challenger to the world champion.

The venue for the contest is yet to be confirmed yet.

The teenaged Gukesh had edged past a troika of stalwarts: America’s Hikaru Nakamura, and Fabiano Caruana and Russia’s Ian Nepomniachtchi to become the Candidates winner on Monday. While Nepomniachtchi is a two-time World Championship contender, World No 2 Caruana was competing in his fifth Candidates event, having won it once. Meanwhile, Nakamura, the World No 3, was competing in his third Candidates event.

Despite their experience, they could not prevent the Candidates debutant Gukesh from breasting the tape first. With one round to go, Gukesh had raced into the lead while the trio were just half a point behind him. Gukesh only needed a draw with Nakamura in his final game, provided the other game between Caruana and Nepomniachtchi also drew, If, either of the latter had won, they would meet Gukesh in a tiebreaker.

Gukesh became India’s youngest grandmaster ever at the age of 12 years, seven months, 17 days, missing the tag of the world’s youngest by a mere 17 days. Last year, he overtook five-time world champion Viswanathan Anand as the country’s top ranked player for the first time after 36 years. Now, he has added another feat to that impressive list by becoming the youngest ever Candidates winner and will be the youngest World Chess Championship contender when he battles Ding at the World Championship later this year.

(Source: India express.com – By Sports desk –24th April, 2024)

Regulatory Referencer

I. DIRECT TAX: SPOTLIGHT

1. Time limit for verification of return of income after uploading – reg. – Notification No. 2/ 2024 dated 31st March, 2024.

CBDT has clarified that:

(i) Where the return of income is uploaded and e-verification or ITR-V is submitted within 30 days of uploading, in such cases, the date of uploading the return of income shall be considered as the date of furnishing the return of income.

(ii) Where the return of income is uploaded but e-verification or ITR-V is submitted after 30 days of uploading, in such cases, the date of e-verification / ITR-V submission shall be treated as the date of furnishing the return of income and all consequences of late filing of return under the Act shall follow, as applicable.

(iii) The date on which the duly verified ITR-V is received at CPC shall be considered for the purpose of determination of the 30 days’ period from the date of uploading of return of income.

(iv) Where the return of income is not verified within 30 days from the date of uploading or till the due date for furnishing the return of income as per the Income-tax Act, 1961 — whichever is later — such return shall be treated as invalid due to non-verification.

II. COMPANIES ACT, 2013

NO NEWS TO REPORT

III. SEBI

1. List of Goods for purpose of commodity derivatives u/s 2(bc) of SCRA, 1956: The Government, in consultation with SEBI, has notified the goods specified in the Schedule as commodity derivatives under section 2(bc) of SCRA, 1956. The specified goods are (a) cereals and pulses, (b) oil seeds, oil cakes and oils, (c) spices, (d) fruits & vegetables, (e) metals, (f) precious metals, (g) gems & stones, (h) forestry, (i) fibers, (j) energy, (k) chemicals, (l) sweeteners, (m) plantations, (o) dairy and poultry, (p) dry fruits, (q) activities, services, rights, interest & events, (r) others. [Notification No. S.O. 1002(E), dated 1st March, 2024]

2. SEBI broadens the list of goods for purpose of commodity derivatives u/s 2(bc) of SCRA, 1956: Earlier, the Government, notified the list of goods specified in the Schedule as commodity derivatives under section 2(bc) of the SCRA, 1956. Now, SEBI has broadened the list of goods for the purpose of commodity derivatives. SEBI has expanded the list of goods from 91 to 104, introducing 13 new goods and alloys for 5 metals. The diverse list includes apples, cashews, garlic, skimmed milk powder, white butter, etc. The circular shall be effective from the date of issuance. [Circular No. SEBI/HO/MRD/MRD-POD-1/P/CIR/2024/13, dated 5th March, 2024]

3. SEBI amends REITs Regulations, 2014; introduces a new chapter on ‘Small and Medium REITs’: SEBI has notified SEBI (Real Estate Investment Trusts) (Amendment) Regulations, 2024. A new chapter VIB, i.e., Small and Medium REITs, has been inserted to existing regulations. The term “Small and Medium REIT” (SM REIT) refers to an REIT that pools money from investors under one or more schemes as per regulation 26P(2). The regulation specifies the eligibility criteria for making an offer of units of scheme for SM REITs. Further, SEBI has broadened the definition of REIT under regulation 2(zm). [Notification No. SEBI/LAD-NRO/GN/2024/166, dated 8th March, 2024]

4. SEBI expands framework of ‘Qualified Stock Brokers’ to strengthen investors trust in securities market: Earlier, SEBI specified four parameters for designating a stockbroker as a ‘Qualified Stock Broker’ (QSB) on an annual basis. Now, SEBI has expanded framework of QSBs to include more stock brokers. Accordingly, SBI has revised a list of QSBs by adding more parameters. The additional parameters include compliance score of stock broker, grievance redressal score of stockbroker and proprietary trading volumes of stockbroker. Also, procedure for identifying stock broker as QSB has been revised. [Circular No. SEBI/HO/MIRSD/MIRSD-POD-1/P/CIR/2024/14, dated 11th March, 2024]

5. SEBI revises the date for filing of formats for Mutual Fund scheme offer documents: Earlier, SEBI vide circular dated 1st November, 2023 redesigned the format for Mutual Fund scheme offer documents. In the revised format, SEBI mandated AMCs to disclose risk-o-meter of the Benchmark on the Front page of an IPO application form, Scheme Information Documents (SID) and Key Information Memorandum (KIM); and in Common application form. The updated format needs to be implemented from 1st April, 2024. Pursuant to a request submitted by AMFI, SEBI has now revised the date to 1st June, 2024. [Circular No. SEBI/HO/IMD/IMD-RAC-2/P/CIR/2024/000015, dated 12th March, 2024]

6. SEBI repeals norms regarding ‘procedure dealing with cases involving offer / allotment of securities up to 200 investors’: SEBI has repealed the circulars outlining the procedure for cases where securities are issued before 1st April, 2024, involving the offer / allotment of securities to more than 49 but up to 200 investors in a financial year. The same shall stand rescinded for six months from the date of issue of the circular. Further, all cases involving an offer or allotment of securities to more than the permissible number of investors must be dealt with in line with provisions contained under extant applicable laws. [Circular No. SEBI/HO/CFD/POD-1/P/CIR/2024/ 016, dated 13th March, 2024]

7. SEBI allows reporting entities to use e-KYC Aadhaar Authentication services of UIDAI in Securities Market as ‘sub-KUA’: Earlier, SEBI had allowed certain reporting entities to perform Aadhaar authentication services under the Aadhaar Act, 2016. The permission was granted only for Aadhaar authentication as required u/s 11A of the Money Laundering Act, 2002. These entities are now allowed to perform authentication services of UIDAI in the securities market as sub-KUA. The KUAs shall facilitate the on boarding of these entities as sub-KUAs to provide the services of Aadhaar authentication with respect to KYC. [Circular No. SEBI/HO/MIRSD/SECFATF/P/CIR/2024/17, dated 19th March, 2024]

8. SEBI puts in place safeguards to address concerns of investors transferring securities in a dematerialised mode: SEBI has issued safeguards to address concerns of the investors arising out of the transfer of securities from the Beneficial Owner (BO) account. These aim to strengthen measures to prevent fraud and misappropriation of inoperative demat accounts. It states that depositories must give more emphasis on investor education, particularly with regard to careful preservation of Delivery Instruction Slip (DIS) by the BOs. Further, DPs must not accept pre-signed DIS with blank columns from the BOs. [Circular No. SEBI/HO/MRD/MRD-POD-2/P/CIR/2024/18, dated 20th March, 2024]

9. FPI with more than 50 per cent of their Indian equity AUM in a corporate group aren’t required to make additional disclosures: Earlier, SEBI vide circular dated 24th August, 2023 mandated additional disclosures for FPIs that fulfil objective criteria. Further, FPIs satisfying the criteria were exempted from additional disclosure requirements, subject to certain conditions. SEBI has now amended this circular. An FPI with more than 50 per cent of its Indian equity AUM in a corporate group shall not be required to make additional disclosures subject to compliance with certain conditions. The circular shall come into effect immediately. [Circular No. SEBI/HO/AFD/AFD-POD-2/P/CIR/2024/19, dated 20th March, 2024]

10. SEBI introduces the beta version of T+0 rolling settlement cycle on an optional basis: Earlier, SEBI vide circular dated 7th September, 2021 allowed for the introduction of a T+1 rolling settlement cycle. SEBI has now introduced the beta version of a T+0 rolling settlement cycle on an optional basis, in addition to the existing T+1 settlement cycle in the equity cash market. All investors are eligible to participate in the segment for the T+0 settlement cycle if they can meet the timelines, process and risk requirements as prescribed by the Market Infrastructure Institutions (MIIs). [Circular No. SEBI/HO/MRD/MRD-POD-3/P/CIR/2024/20, dated 21st March, 2024]

IV. FEMA

1. IFSCA broadens the definition of “escrow service”: IFSCA has broadened the definition of “escrow service” to mean a service provided by a payment service provider, under an agreement, whereby money is held by such payment service provider in an escrow account with an IFSC Banking Unit (IBU) or an IFSC Banking Company (IBC) for and on behalf of one or more parties that are in the process of completing a transaction. [International Financial Services Centres Authority (Payment Services) (Amendment) Regulations, 2024 Notification No. IFSCA/GN/2024/002, dated 2nd April, 2024]

2. RBI proposes to allow investment in ‘Sovereign Green Bonds’ by eligible foreign investors in IFSC: At present, FPIs are permitted to invest in Sovereign Green Bonds (SGBs) under the different routes available for investment by FPIs in government securities. With a view to facilitating wider non-resident participation in SGBs, RBI has proposed to permit eligible foreign investors in the IFSC to also invest in such bonds. A scheme for investment and trading in SGBs by eligible foreign investors in IFSC is being notified separately in consultation with the Government and the IFSC Authority. [Press Release No. 2024-25/43, dated 5th April, 2024]

3. RBI’s clarification on Exchange Traded Currency Derivatives: RBI’s A.P. (DIR Series) Circular No. 13, dated 5th January, 2024 sets out the Master Direction and reiterates the regulatory framework for participation in ETCDs involving the INR. There were concerns that ETCD contracts entered into without the purpose of hedging a contracted exposure now stand disallowed. RBI has clarified that ETCD contracts are permitted only for the purpose of hedging of exposure to foreign exchange rate risks and an earlier circular exempting documentary evidence for positions taken up to USD 10 million per exchange did not provide any exemption from the requirement of having the exposure. The consolidated Master Direction was to come into effect from 5th April, 2024 but has been postponed now to 3rd May, 2024. [RBI Press Release No. 32/2024-25, dated 4th April, 2024]

Updated up to 15th April, 2024.

The Indian Income Tax Act – Need For A Substantial Re-Think

The purpose of this Article is to request a fresh thinking in the way the Indian Income-tax Act, 1961 is applied for computing income tax payable for Individuals and Corporate Businesses.

I. TAXABILITY OF INDIVIDUALS

We are aware that any individual who is earning income will largely get the Income from two main sources where he carries out active economic activity. Those sources are:

a. As an employee — where he gets salary, which salary is subject to income tax and to the provisions of tax deduction at source (TDS);

b. As a businessman — where his income is his share of profits from the business or vocation that he is running.

In both cases (a) and (b) above, the individual pays his income tax and the balance in his hands is his post tax income.

This post tax income will be divided into two parts:

i) Consumption of Goods and Services.

ii) Savings.

Consumption of Goods and Services will be spending on Food, Accommodation Rentals / maintenance expenses, utilities and telephone services, education of children, professional upgradation of self, payment of loan instalments and interest thereon (residence or other assets purchase), vacations / travel, conveyance expenses, purchase of assets for personal use, personal and family entertainment, etc.

Savings will be invested into Government provided investment opportunities, bank deposits, Mutual Funds and listed / unlisted Shares investments, gold and precious metals, etc. It is difficult to understand why certain Central Government investment opportunities like National Savings Certificates (NSC) interest are taxable in some form, but interest accrued on Public Provident Fund Investment (PPF) and Sukanya Samruddhi Scheme (SSS) are not taxable. Similarly, investments in bank savings and deposits accounts have a tax free eligibility up to a certain amount and then the interest becomes taxable. Agree that the investment opportunities have different timelines (which can be met by interest rates changes), but why have an income tax treatment differential on investments into central government approved savings schemes or banking channels which are the lubricant to the Indian economy?

Why have different sets of computation of income tax liability for Government / public sector employees and private sector employees. Please see illustrations below for some Inflows to such individuals:

1) Pensions — commuted pensions: These are lumpsum payment to the person based on the value of his corpus accumulation. Uncommuted pension is normally monthly pension and is treated as ‘salary income’.

[The author acknowledges the above chart is from the cleartax website1]


1   https://cleartax.in/s/are-pensions-taxable.

Just as agriculture income is totally exempted from income tax, can’t income from uncommuted pensions also be declared fully exempt from income tax for all individuals getting pension income? The nation is paying back its debt to seniors who have contributed to the nation in the past — through work activity and tax payment.

2) House Rent Allowance:

Key points to remember when claiming HRA exemption2

  •  Unless you are actually paying rent in excess of 10 per cent of your salary, you will not be able to claim any exemptions on house rent allowance.
  •  Those working in public sector companies get an HRA exemption based on the minimum or maximum HRA in different cities, according to the recommendations of the 7th Pay Commission.
  •  If you fail to submit rent receipts to your employer, the employer will not factor in the HRA exemption and will deduct tax from the entire HRA amount.
  •  The tax exemption of HRA is not available, if you choose the new tax regime from the financial year 2020–21 (assessment year 2021–22).
  •  Those paying rent to NRI landlords should deduct TDS of 30 per cent, before making the rental payment.
  •  India’s Income-tax law does not mandate that the tenant has to pay the same landlord throughout the year. So, the number of times you change places during the year makes no difference as far as exemptions are concerned.
  •  You cannot claim exemption for the period for which you have not paid rent.
  •  There is no legal restriction on the mode of rent payment either. You could pay the rent in any manner —cash, cheque, online channels, etc. All you have to do, to claim the exemption, is to produce proof of making this payment. Your bank account statement, for example, acts as the perfect proof in this regard.

2   Extracted with acknowledgment from: https://housing.com/news/hra-house-rent-allowance-tax-exemption/

Please see Bullet 2 above. We need to move towards uniformity of tax treatment for all individuals for similar nature of Income, regardless of nature of employment.

Let us look at interest income for an individual from various sources:

  1.  Bank savings and fixed deposit accounts;
  2.  Dividends from shares;
  3.  Interest from Corporate Deposits and debentures.

Income from (1) and (3) above are earned from post-tax savings investments. The case of Dividends income (2 above) is possibly the saddest. Dividend income is declared by corporates only from their post income tax profits (profits after tax). The investor in shares has made the investment after income tax is already charged on his income. Despite this scissors effect of income tax at corporate and individual level, dividends are considered as fully taxable in the hands of the individual investor. It must be noted that the Finance Ministry recognizes the injustice of taxing dividend income and hence has played with the concept of ‘Dividend Distribution Tax’ (DDT) payable by corporates on dividend distribution, but the corporate lobby was stronger on objections and the individual had to absorb the income tax, by DDT concept being done away with.

In India, individual income tax is very unjust and inequitable since it exempts a large section of income earners (agriculturists) and squeezes the salary employee and pensioners. At least, on interest and dividend earnings which Principal amount investments are funded by post tax income, relief can and should be offered.

II. TAXABILITY OF CORPORATES’ PROFITS

We are aware that corporate profits are computedby deducting expenses from income and then various other allowances and disallowances being added / deducted from corporate profits before tax to come to the eligible corporate profits for corporate income tax purposes.

In India, one of the biggest issues confronting the banking sector is Non-Performing Assets (NPAs). Simply put, a NPA is inability of the Borrower to fulfil interest and principal instalment payment obligations on due date/s. This happens when corporates have borrowed an amount which their business is unable to service.

NPAs also occur due to the tendency of Indian business promoter families to play the business funding game with external Finance (Borrowings) and not own finance (invest in share capital at proper share valuation). In many cases, the external borrowings are managed through connections, influence, financial jugglery of numbers, etc. Effectively, NPAs put the brakes on Banks being able to fund higher Business activity because of their own liquidity problems. A study of many Indian corporates in business trouble would show high unsustainable borrowings compared to Net Worth (share capital + reserves).

Fortunately, the Supreme Court by it’s judgement3 — has ruled that personal guarantees issued by Promoters are actionable and can be called upon for realisation proceedings of corporate insolvencies under the Insolvency & Bankruptcy Code. This Code faced many challenges from impacted Promoters who felt threatened.


3   Source: https://timesofindia.indiatimes.com/india/personal-guarantors-can-face-insolvency-proceedings-supreme-court/articleshow/105104947.cms

As a lender, one may try to improve bank funding parameters and caution points. Businesses are still able to get funding. Interest is a wonderful income tax shield, and also external borrowings reduce the need for owners to put own funds into expansion of their business. There is a need in national good to strike at the root of this problem. The problem is interest costs being eligible as a charge for computing corporate profits before income-tax. Also, in case of losses in a year, carry forward of losses is permitted wherein the interest cost element is included in it.

In India to control NPAs and to force corporate promoter family shareholders to put ‘skin in the game’, it is necessary that there is some variation in the way Corporate Income Tax Liability is computed under the Indian Income-tax Act, 1961:

Method 1

Add the entire interest cost to corporate profits before tax — this gives us EBIT (Earnings Before Interest and Income Tax). Then, consider the other allowances and dis-allowances to be deducted / added back and come to the corporate profits liable to Income Tax.

Note — EBIT as the starting point eliminates interest costs setoff in future as carry over losses. We are talking only interest charges and not any other financial charges like guarantee commission, bank charges, processing fees etc.

Obviously, because of this add back of interest expenses and to maintain equity in income tax charging corporate tax rate will have to be reduced. The new rate will need to be decided by the Finance Ministry. In my view, it could be around 12–15 per cent.

However, this method could work against the interests of infrastructure companies (road / tunnel / bridge builders), power companies and companies involved in heavy capital goods manufacturing like boilers, generators, etc. Such companies need a high Debt: Equity Ratio.

Method 2

Perhaps a more practical method would be for the Income Tax Act to define the Debt: Equity ratio based on nature of industry the entity belongs to. Normal industry requirement would be Debt : Equity of 2:1, the infrastructure companies would have a Debt : Equity of 3:1 or as may be determined mutually in developing this.

In this method, we need to compute average equity and borrowings. Average would mean Opening Balance + closing balance divided by 2. The audited financial statements would have these details.

To the extent of extra debt (debt more than average permitted debt), interest charges in that proportion would be disallowed or added back to corporate profits before tax for income tax liability computation. An example to explain this is as under:

  1.  Average Net Worth — ₹100 Crores;
  2.  Average permitted borrowings limit — ₹200 crores (2:1 ratio);
  3.  Actual average borrowings in the period / year — ₹250 crores;
  4.  Actual interest expenses — ₹30 crores;
  5.  Interest expense to be disallowed (added back)-[(₹250 crs — ₹200 crs)/₹250 crs * ₹30 crs)] = ₹6 crores.
  6.  Interest expense to be added back for corporate income tax purposes ₹6 crores.

Further, for the purpose of carry forward of income tax losses, the eligibility of this ₹6 crores expense is lost.

The problem of NPAs reduces the ability of banks to lend and RBI corrective measures require that if matters are getting out of hand, the bank is precluded from giving out any new loans. In a growth economy like India where the economy is also going through a formalization phase, the demand for credit will always be high.

Between Method 1 and Method 2 to keep corporates from going into high gearing and increasing the possibility of default on interest and principal payments on due dates, Method 2 needs to be very seriously considered and brought into the statute through the amendment of the Income-tax Act.

CONCLUSIONS:

A) Individuals:

1. At least in the case of Individual income tax we are aware that a very small percentage of taxpayers (through filing tax returns) are carrying the national load of individual Income Tax.

2. In fact, for individual taxpayers, there is a need to move to Expenditure Tax (based on withdrawals / spending) instead of Income Tax. That, however, is a major change of tax collection method and will require great political courage and working the structure as was done for Goods & Services Tax (GST). The individual tax collection mechanism moves from an Income base to an expenditure based tax, since individuals will transact through banks.

Note — it must be mentioned that most Finance Ministries across countries are not in favour of individual Expenditure Tax, and prefer Income Tax. However, in India individual Income Tax is unfair and has in-built inequity. We need to look at alternatives and just ways.

3. However, before Expenditure Tax can come in, let us at least be fair to the individual taxpayers and not have the concept of Income being taxed twice — once at the source and the other at the application (interest / dividend income come from post-tax savings investments). Such income must not be taxed again.

B) Corporates:

1) The advantage of the above proposal (Method 2 preferred) is that those who are conservative on borrowings will get the advantage of no add back to profits available for tax purposes. The more aggressive corporates could see interest expense add-back and a higher income tax provision and payment.

2) The Finance Ministry needs to seriously consider changing the corporate income tax computation basis to bring Method 2 into play. Give the Industry a 24–30 months’ period for changing their financial structure mix by bringing own funds into the business and reducing the borrowings amount (through repayments). Implement the change from the decided date and year.

C) Need For Change:

It is necessary that the Income-tax Act, 1961 be given a substantial re-think. After all, the Income-tax Act, 1961 is not just for tax collection, but also to send signals of executive intent.

Before the Expenditure Tax can come in, let us at least be fair to the negligible percentage of individual taxpayers and not have the concept of income being taxed twice – once on the source basis and another on its application. (interest / dividend income from post-tax savings investments).

D) Equity and Executive motive:

For the sake of equity and fairness to individual income taxpayers, the changes in the taxability of income need to be seriously contemplated and implemented. In the case of individual income taxpayers there is a need to soften the burden of taxation. In the case of corporate income taxpayers, a hardening of the taxation is required to avoid NPAs. Prevention is better than Cure.

Book Review

ESG and BRSR Reporting: A Comprehensive Guide by CA Kishore M. Parikh is a remarkable book that delves into the intricate world of Environmental, Social, and Governance (ESG) practices and Business Responsibility and Sustainability Reporting (BRSR). The author introduces innovative theories and presents complex topics in a concise and accessible manner. The book commences with a focus on the environment, where the author defines global risks as adverse circumstances that may lead to loss or injury.

Chapter 1 introduces the concept of ESG, emphasising that it encompasses not only environmental considerations but also broader aspects affecting various stakeholders such as customers, suppliers and employees. The pillars of ESG — environmental, social, and governance factors — are outlined, providing a comprehensive understanding of the framework. In the Environmental Pillar, the author provides examples of ESG considerations, ranging from air and water quality to climate change and nuclear radiation. Social factors, such as community relations, diversity and employee engagement, are also covered, along with governance factors like leadership, corruption and compliance. The book offers insights into environmental awareness in Vedic literature and updates global events such as COP26 and COP27, highlighting the advantages of incorporating ESG standards. Additionally, it explores country-wise ESG disclosure regulations and mandatory reporting worldwide. The book includes classic case examples and studies to enhance understanding. It showcases companies that address ESG issues and concludes with an analysis policy effects that demonstrate leadership in ESG performance.

Chapter 2 focuses on sustainability, covering the Brundtland Commission’s establishment, the triple bottom line (people, planet, profit), and the Circle of Sustainability with its economic, ecological, political and cultural domains. It discusses the benefits of sustainability reporting, a sustainable development timeline and the 5Ps for sustainable development. The book discusses the correlation between eradicating poverty and ensuring planetary conditions for sustainability and growth. It presents a deep understanding of sustainability and climate change on a global scale.

Chapter 3 shifts to the Climate Disclosure Standards Board, highlighting exposure drafts and industry-wise disclosure requirements for various sectors, such as consumer goods, financial, and technology. The author covers several organisations, including CDSB, IIRC, TCFD, SASB, VRF, ISSB, and the Global Reporting Initiative, providing an overview of their roles and impact. The chapter also incorporates government initiatives like the Social Stock Exchange and discusses audit assurance standards and their advantages.

Chapters 4 and 5 focus on the Social Stock Exchange — SEBI and global perspectives and audit and insurance related to ESG practices. They also detail the types of social audits, including economic, environmental, and human rights audits.

Chapter 6 explores BRSR, covering events leading to its development, national voluntary guidelines and principles of responsible business conduct. It discusses the practical challenges of BRSR adoption in India and provides case studies illustrating BRSR standards from various listed companies.

Chapter 7 introduces BRSR Lite for unlisted companies, emphasising its voluntary nature. The book provides a structure for BRSR Lite, including principles related to integrity, sustainability, employee well-being, stakeholder interests, human rights, environment protection, advocacy, inclusive growth and consumer engagement. The concluding section highlights recent regulatory developments, focusing on SEBI’s mandate for BRSR reporting for the top 1,000 listed entities since 2021. The book emphasises the significance of BRSR assurance, mandatory from 1st April, 2024, enhancing transparency, accountability and sustainable business practices.

In conclusion, ESG and BRSR Reporting: A Comprehensive Guide is an invaluable resource for executives, investors and sustainability professionals. With a blend of theoretical analysis, practical guidance and real-world examples, the book serves as a roadmap for organisations committed to integrating BRSR reporting into their operations and fostering positive change worldwide.

Miscellanea

1. INFORMATION TECHNOLOGY

Large Language Models could ‘revolutionise the finance sector within two years’

Large Language Models (LLMs) have the potential to improve efficiency and safety in the finance sector by detecting fraud, generating financial insights and automating customer service, according to research by The Alan Turing Institute.

Because LLMs have an ability to analyse large amounts of data quickly and generate coherent text, there is growing understanding of the potential to improve services across a range of sectors including healthcare, law, education and in financial services including banking, insurance and financial planning.

This report, which is the first to explore the adoption of LLMs across the finance ecosystem, shows that people working in this area have already begun to use LLMs to support a variety of internal processes, such as the review of regulations, and are assessing its potential for supporting external activity like the delivery of advisory and trading services.

Alongside a literature survey, researchers held a workshop of 43 professionals from major high street and investment banks, regulators, insurers, payment service providers, government and legal professions.

The majority of workshop participants (52 per cent) are already using these models to enhance performance in information-oriented tasks, from the management of meeting notes to cyber security and compliance insight, while 29 per cent use them to boost critical thinking skills, and another 16 per cent employ them to break down complex tasks.

The sector is also already establishing systems to enhance productivity through rapid analysis of large amounts of text to simplify decision-making processes, risk profiling and to improve investment research and back-office operations.

When asked about the future of LLMs in the finance sector, participants felt that LLMs would be integrated into services like investment banking and venture capital strategy development within two years.

They also thought it likely that LLMs would be integrated to improve interactions between people and machines; for example, dictation and embedded AI assistants could reduce the complexity of knowledge-intensive tasks such as the review of regulations.

But participants also acknowledged that the technology poses risks which will limit its usage. Financial institutions are subject to extensive regulatory standards and obligations which limit their ability to use AI systems that they cannot explain and do not generate output predictably, consistently or without risk of error.

Based on their findings, the authors recommend that financial services professionals, regulators and policymakers collaborate across the sector to share and develop knowledge about implementing and using LLMs, particularly related to safety concerns. They also suggest that the growing interest in open-source models should be explored and could be used and maintained effectively, but that mitigating security and privacy concerns would be a high priority.

Professor Carsten Maple, lead author and Turing Fellow at The Alan Turing Institute, said: “Banks and other financial institutions have always been quick to adopt new technologies to make their operations more efficient and the emergence of LLMs is no different. By bringing together experts across the finance ecosystem, we have managed to create a common understanding of the use cases, risks, value and timeline for implementation of these technologies at scale.”

Professor Lukasz Szpruch, programme director for Finance and Economics at The Alan Turing Institute, said: “It’s really positive that the financial sector is benefiting from the emergence of large language models and their implementation into this highly regulated sector has the potential to provide best practices for other sectors. This study demonstrates the benefit of research institutes and industry working together to assess the vast opportunities as well as the practical and ethical challenges of new technologies to ensure they are implemented safely.”

(Source: artificialintelligence-news.com dated 27th March, 2024)

2. SCIENCE

Max Planck scientists find ‘Shiva’ and ‘Shakti’, earliest building blocks of Milky Way

The Max Planck Institute for Astronomy on Thursday announced that astronomers have discovered what could be the earliest building blocks of the Milky Way, named “Shiva” and “Shakti”. These seem to be the remnants of the two galaxies that merged between 12 and 13 billion years ago with an earlier version of the Milky Way, contributing to its growth.

Astronomers from the institute named the components Shakti and Shiva and identified them after combining data from the European Space Agency’s Gaia satellite and the SDSS survey. This can be thought of like finding traces of an initial settlement that eventually grew into a metropolitan city, albeit on a cosmic scale.

The collisions and mergers of galaxies put several things in motion. Each galaxy will carry its own reservoir of hydrogen gas and when colliding, these clouds are de-stabilised and many new stars will be formed inside. Of course, both the galaxies will have their own sets of stars before they collide and these “accreted stars” will only account for some of the stellar population that forms the newly combined galaxy. The tricky part is identifying which stars came from which predecessor galaxy when the merger is done.

But basic physics provides the clues. When galaxies collide and their stars mingle, most of the stars retain some basic properties which are linked to the speed and direction of the galaxy they originally came from. Stars that were from the same predecessor galaxies share similar values of energy and what scientists call angular momentum, the momentum associated with their rotation. Both angular momentum and energy are conserved for stars moving in a galaxy’s gravitational field.

For this research, astronomers looked at Gaia data combined with stellar spectra data from the Sloan Digital Sky Survey. SDSS provided detailed information about the stars’ chemical compositions. “We observed that, for a certain range of metal-poor stars, stars were crowded around two specific combinations of energy and angular momentum,” said researcher.

For their present search, Malhan and Rix used Gaia data combined with detailed stellar spectra from the Sloan Digital Sky Survey (DR17). The latter provided detailed information about the stars’ chemical composition.

“We observed that, for a certain range of metal-poor stars, stars were crowded around two specific combinations of energy and angular momentum. Shakti and Shiva might be the first two additions to the ‘poor old heart’ of our Milky Way, initiating its growth towards a large galaxy,” said researcher Khyati Malhan, in a press statement. It was Malhan that named the two constituent galaxies Shiva and Shakti.

(Source: Indianexpress.com dated 26th March, 2024)

3. ENVIRONMENT

Almost one-fifth of all food available to consumers ends up as waste: UNEP Food Waste Index Report 2024

Globally, 1.05 billion tonnes of food waste isgenerated (including inedible parts) which is almostone-fifth of all food available to consumers, and each person, on average, wasted 79 kg of food annually in households in the world compared to 55 kg per capita per year in India, said the United Nations Environment Programme (UNEP) Food Waste Index Report 2024 released recently.

The report that factored in the data of the year 2022 underlined that the toll of both food loss in supply chain and waste on the global economy is estimated at roughly $1 trillion.

It noted that the aggregated households’ food waste amounted to at least one billion meals of edible food worldwide every single day while 783 million people were affected by hunger and a third of humanity faced food insecurity.

The weight of the global food waste in 2022 was, incidentally, more than India’s total production of food grain, oilseeds, sugarcane and horticultural produce, put together, in 2022–23.

Out of the total food wasted globally in 2022, 60 per cent happened at the household level, 28 per cent at food services level and 12 per cent at retails. The country-wise food waste data confirms that such waste is not just a ‘rich country’ problem, with levels of household food waste differing in observed average levels for high-income, upper-middle and lower-middle-income countries by just 7 kg per capita.

At the same time, hotter countries appear to generate more food waste per capita in households, potentially due to higher consumption of fresh foods with substantial inedible parts and a lack of robust cold chains.

This is the second such report of UNEP after the first one in 2021 that factored in the food waste in the year 2019. Its comparison with the latest one, released on Wednesday, shows that the per capita per year food waste at household level globally increased from 74kg in 2019 to 79 kg in 2022. Similarly, it increased in India from 50 kg/capita/year to 55 kg/capita/year during the same period. Per capita per year food waste at household level was the highest in Maldives at 207 kg/capita/year in 2022.

“Food waste is a global tragedy. Millions will go hungry today as food is wasted across the world. Not only is this a major development issue, but the impacts of such unnecessary waste are causing substantial costs to the climate and nature,” said Inger Andersen, executive director of UNEP.

According to recent data, food loss and waste generates 8–10 per cent of annual global greenhouse gas(GHG) emissions — almost five times that of theaviation sector — and significant biodiversity loss by taking up the equivalent of almost a third of the world’s agricultural land.

Still, only 21 countries have included food loss and / or waste reduction in their national climate plans — called nationally determined contributions (NDCs) — under the Paris Agreement. Besides, only four G20 countries (Australia, Japan, UK, the USA) and the European Union have food waste estimates suitable for tracking progress to 2030.

In this context, the Food Waste Index report may serve as a practical guide for countries to consistently measure and report food waste, and also try to integrate it in their next round of NDCs in 2025 to raise their climate ambition.

Currently, many low- and middle-income countries continue to lack adequate systems for even tracking progress to meet Sustainable Development Goal (SDG) of halving food waste by 2030, particularly in retail and food services.

(Source: timesofindia.com dated 28th March, 2024)

Daring

There was a National Award instituted by a reputed organisation. It was for the outstanding courage or valour shown by any person in any field. There were many nominations. People had indeed performed unbelievably fantastic feats in various fields. Their daring was simply amazing.

There was a mountaineer who climbed all the top summits in the world without an oxygen cylinder. Another nominee took a jump into a deep valley from a mountain peak, without a parachute or any other support. Another one swam across the Pacific Ocean without any guard-boat with him.

One nominee had fought successfully with four elephants at a time with only a stick in his hand. There was someone who jumped directly on a station platform from a bullet train running at the highest speed.

One para-commando from the Army fought alone with more than 100 enemy soldiers with only one rifle in his hand and killed many of them. Others ran away.

One fireman jumped into a burning fire without his protective gear and saved dozens of people caught in the fire. There were many who had travelled around the world, across all oceans, in a sailboat, alone! They were in the sea continuously, alone, for more than 60 days! They faced all storms, cyclones and other calamities.

Yet another one stayed in the company of very fierce animals for one full month in a jungle; all by himself! One more amazing feat was hanging upside down on a tree for one full month!!

Then there was another one who ate one truckload of food in one sitting. His friend drank 1000 litres of milk in one sitting. Another hero swallowed many hard materials like blades, and parts of a truck, all materials required for a spacious bungalow within three days.

Everything was unheard of! Unimaginable! All the members of the Jury were highly impressed. But the prizes went to —

One lawyer who won a big court case purely on merits! People took it as a fiction; — Bronze Medal.

Man who stood erect before his wife and tried to raise his voice! — Silver Medal.

But the real winner, who bagged the Gold Medal, was a chartered accountant who showed a willingness to sign large company audits for the next three years.

Statistically Speaking

Learning Events at BCAS

1. HR Conclave was held on 16th March, 2024 in Hybrid Mode @ BCAS.

The HR Development Committee orchestrated a highly informative and engaging HR Conclave on Saturday, 16th March, 2024, meticulously designed to unravel the intricacies of managing human resources within professional services firms. This one-day event, offered in a hybrid format, brought together esteemed industry experts and HR practitioners to delve into various facets of HR management. 49 participants from 7 cities participated in the event.

Among the distinguished speakers was Ms. Falguuni Sheth, who kicked off the day with an insightful session titled “Well Chosen is Half Done,” emphasising the strategic underpinnings of HR management and its alignment with organisational objectives. Following this, CA Saroj Maniar and Ms. Priya Sawant shared invaluable perspectives in their session “Courtship cues. Employee engagements that lead to a long-term marriage,” shedding light on practical approaches to bolstering employee engagement and fostering enduring professional relationships.

The conclave also delved into the critical domain of performance appraisals and feedback, with CA Mehul Shah leading a session titled “Appraisals and Feedback – appreciate the strengths, help in bridging the gaps.” This session provided attendees with actionable insights into conducting fair and constructive performance assessments, essential for nurturing employee growth and development. Furthermore, Ms. Deepti Sheth facilitated a thought-provoking discussion on gracefully managing employee exits in her session “Grace in goodbyes – parting need not be painful,” highlighting the significance of maintaining positive relationships even during times of transition.

A panel discussion on “Remote Working – A reality or just another topic for Over the Coffee discussions,” moderated by CA Dhruv Shah and featuring panelists CA Samit Saraf, CA Sushrut Chitale, and CA Mitesh Katira, a comprehensive exploration of the dynamics, challenges, and opportunities associated with remote work in the professional services landscape. Throughout the day, participants were equipped with practical insights, actionable solutions, and e-kits containing over 150 HR templates, enriching their understanding and empowering them to navigate the complex terrain of HR management effectively. As the event concluded, attendees departed with a deeper understanding of strategic HR management, employee engagement, performance evaluation, effective communication strategies, and the nuances of remote working, poised to drive positive change within their respective organisations.

2. Indirect Tax Laws Study Circle on “Classifications in GST” was held on 14th March, 2024 in Online Mode.

Group leader CA Tapas Ruparelia along with mentor CA S S Gupta had prepared case studies and a presentation covering various issues & challenges faced by taxpayers in regard to the Classification under the GST law. Around 45 participants from all over India benefitted while taking an active part in the discussion. The case studies covered the following aspects for a detailed discussion on the place of supply:

1. Whether an assessee can adopt different classifications for the same product under customs and GST? If a particular classification under which goods are cleared with Customs is disputed, can the GST department also insist that the correct classification sought (for which an appeal has been filed with GST authorities) should be applied for GST as well?

2. Whether raw materials, being chemicals for the pharmaceutical sector qualify as “bulk drugs” or “drugs” to decide classification under Schedule I (5 per cent) or Schedule III (18 per cent)?

3. Whether GST on the interest component of EMI on Credit Card loans liable to GST or is exempted, being interest on loans and advances?

4. Whether renting of e-bikes, where charges are levied on a use basis, is classifiable under “rental services of transport vehicles” taxable at the standard rate of 18 per cent or as “leasing or rental service without operators” in which case, the GST Rate applicable to the e-bikes would be applicable to the service?

5. Whether services provided by naturopathy centres qualify as health care services and are eligible for exemption?

3. The Webinar on “Recent CBDT Circulars in relation to Charitable Trusts and Institutions” was held on 9th March, 2024 in Online Mode.

The Taxation Committee organised a Webinar on Recent CBDT Circulars in relation to Charitable Trusts and Institutions.

CA Ashok Mehta broadly explained the two CBDT critical Circulars in relation to Charitable Trusts and Institutions-

(1) Circular No. 2/2024, dated 5th March, 2024

(2) Circular No. 3/2024, dated 6th March, 2024

The Speaker highlighted the fact that the CBDT has observed instances where trusts and institutions submitted the wrong audit report form (Form No. 10B or 10BB) for the A.Y. 2023-24. To address this, the CBDT has granted an extension for corrective measures. If a trust or institution has submitted Form No. 10B where Form No. 10BB was applicable, or vice versa, on or before 31st October, 2023, the trust is now permitted to rectify this by submitting the correct audit report in the applicable Form No. 10B or 10BB for the A.Y. 2023-24 on or before March 31, 2024.

The Speaker welcomed the Clarificatory Circular No.3/2024 dated 6th March, 2024 pertaining to inter-trust donations which allows the entire donation to be treated as an application of income and not restricted to only 85 per cent of the donation given.

Link to access the session: https://www.youtube.com/watch?v=SkbpXjcXFeI&t=2s

 

4. The Human Resource Development Committee organised “CA Pariksha Pe Charcha” on 2nd March, 2024 in Online Mode.

The event, “CA Pariksha Pe Charcha,” organised by the BCAS Human Resource Development Committee, was a two-hour session held via Zoom, focusing on strategies for success in CA examinations and dealing with failures. The event aimed to guide CA aspirants and provide them with the motivation and tactics needed to excel in their exams.

CA Pritam Mahure led the first hour with a talk on how to achieve success in CA Exams and cope with failures, sharing insights and practical advice.

The second hour featured a panel discussion with Chartered Accountants who have achieved top ranks in recent CA exams. They discussed their experiences, study techniques, and personal journeys.

The interactive session provided attendees with an opportunity to gain valuable knowledge and ask questions about the CA exam process.

Panelists:

CA Akshay Jain (AIR 1 May 2023)

CA Kalpesh Jain (AIR 2 May 2023)

CA Sanskruti Parolia (AIR 2 Nov 2023)

CA Shruti Parolia (AIR 8 Nov 2023)

Moderator: CA Kartik Srinivasan

Link to access the session: https://www.youtube.com/watch?v=cMRGAm8Je4c&t=3s

5. A Panel Discussion “Future Ready Finance Professionals” was held on 1st March, 2024 @ JBIMS Auditorium.

The HRD Committee, in collaboration with Jamnalal Bajaj Institute of Management Studies (JBIMS), organised a discussion on “Future Ready Finance Professionals” on 1st March, 2024 at the JBIMS Auditorium. The event featured a distinguished panel of CFOs from various esteemed organisations, which comprised of CA Sajal Gupta from Rustomjee Group, CA Pinky Mehta from Aditya Birla Capital, Mr. Ramesh Subramanyam from Hinduja Group, and CA NaozodSirwalla from HDFC AMC Ltd, moderated by Dr. CA. Sahrdul Shah. The discussion provided profound insights into the multifaceted responsibilities of CFOs in contemporary business environments.

The panel emphasised the strategic orientation increasingly demanded of CFOs, underscoring the imperative for Chartered Accountants to lead with foresight and agility. Addressing a diverse array of topics, including technological innovation, ethical governance, and sustainability, the panel highlighted the critical role Chartered Accountants play in driving organisational success through astute financial stewardship.

Emphasising the indispensable nature of continuous learning and adaptation, the discussion urged Chartered Accountants to remain abreast of technological advancements and emerging trends. Moreover, it stressed the significance of ethical integrity and professional responsibility in upholding the highest standards of financial practice.

With a focus on preparing Chartered Accountants to navigate the complexities of the modern business landscape, the event served as a platform for knowledge exchange and networking, empowering finance professionals to chart a course toward future readiness.

In summary, the event provided invaluable insights into the evolving role of Chartered Accountants as strategic partners in organisational growth and sustainability. Through collaborative dialogue and shared expertise, the panel reaffirmed the indispensable contributions of Chartered Accountants to the finance profession and underscored their pivotal role in shaping a prosperous future.

6. Direct Tax Laws Study Circle meeting was held on 1st March, 2024 in Online Mode.

CA Manish Dafria covered the newly introduced Section 43B(h) of the Income Tax Act; 1961 (“the Act”)– Analysis and Impact, wherein the speaker provided his perspective and a detailed analysis and shed light on its various aspects as indicated below:

1. The conditions laid down for the applicability of Section 43B(h) of the Act.

2. Classification of enterprises based on the definitions mentioned in the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act).

3. Time limit as mentioned in Section 15 of the MSMED Act and with the relevant definitions.

4. Clarifications to issues namely:

i. Whether the amount payable to enterprises on account of Capital Expenditure would attract disallowance u/s 43B(h) of the Act.

ii. Whether amounts payable to traders / retailers would attract disallowance u/s 43B(h) of the Act.

iii. Applicability of 43B(h) to charitable organisations for determining “Application of Income”.

iv. Whether the GST component of the expenditure would be included in the amount to be disallowed u/s 43B(h) of the Act.

v. Whether 43B(h) would apply to assessees opting for declaring presumptive income u/s 44AD of the Act.

7. The 21st Leadership Camp “Empowering Relationship” was held on 16th–18th February, 2024 @ Leslie Sawhney Training Centre, Devlali by the Human Resource Development Committee.

The 21st Leadership camp on the topic, ‘Empowering Relationship’ was held at Leslie Sawhney Training Centre at Devlali between 16th and 18th February, 2024. Twenty-three participants which included 7 couples and 9 individuals participated in the programme.

The Trainers: Dr. Sudarshan Iyengar (Retired Vice Chancellor of Gujarat University) and Dr. Ashwin Zalathe, guide and mentors.

In his introductory remarks, the Chief Administrator of the venue, Major General (Retd) Pithawalla shared the real-life experience from his days in the Army. He emphasised that in the Military, as a leader one has to empower the relations with the team as dependability is one of the most critical criteria looked upon in every team member.

Important takeaways to empower the relationship are summarised here.

  • Complete attention to the person not just hearing but listening to him
  • Introspection and reflection: Introspect as to what happened and how one can improve the relations. Express unconditional love.
  • In any interaction conflict is bound to be there. Expectation and attachment result in a gap in relations.
  • Express gratitude to all you interact with including five elements of the Universe.
  • Understand the reasons that bring conflict and neutralise them with opposites. Fourteen reasons for conflict were identified. For instance one of the reasons for conflict is selfishness then neutralising it by unconditional love.
  • Other important concepts discussed were Attitude (values), behaviour (attitude in action) and situation (context) in relations and conflicts.
  • Learn to appreciate yourself through your words and actions. A Word without money is cheap, but money without a word is vulgar.

In the concluding session, questions were raised as to whether conflict is necessary. And the views echoed the sentiment that conflicts could be appropriate for understanding of the matter. One can always channelise the conflict into the opportunity for growth, love, and respect.

The camp concluded with a Vote of thanks and thrilling real life story of his war experience by Major General (Retd.) Cyrus Pithawalla about how the empowered relationship between the army teammates helped avert the major terror attack on India despite almost fatal injuries.

Report on BCAS 57th Residential Refresher Course

The 57th Residential Refresher Course (RRC) organised by the Seminar, Public Relations & Membership Development Committee (SPR & MD) held at Mahabaleshwar from 22nd to 25th February, 2024, marked another significant event in the annals of BCAS. Against the backdrop of BCAS’ 75-year journey, the 57th RRC embraced the theme of “Back to the Roots,” underscoring a commitment to foundational principles that underpin the BCAS’ ethos amidst evolving dynamics. Notably, this marked the 19th RRC hosted at Hotel Dreamland (coinciding with the Hotel’s 80th year) — a testament to enduring partnerships and shared milestones.

With 140 delegates from diverse regions across the country converging at Hotel Dreamland, the stage was set for an enriching experience over four days. The composition of attendees mirrored a balanced mix of youth, experienced professionals, and seasoned experts. This blend promised a diverse exchange of ideas and perspectives, enriching the collective learning experience.

At the inaugural session, CA Uday Sathaye, Chairman of the SPR & MD Committee, set the tone for the event by extending a warm welcome to all attendees and reflecting on the legacy of the past 56 RRCs. He shared nostalgic anecdotes about the long-standing association of RRCs with Mahabaleshwar and Hotel Dreamland. Additionally, he provided an overview of the program scheduled and various other statistics of delegates.

The inauguration witnessed the lighting of the ceremonial lamp by the esteemed Chief Guest, Shri Harshu Ghate, alongside the Committee Chairman, Past Presidents, Office Bearers and Committee Convenors. Shri Ghate, a distinguished Chartered Accountant and Company Secretary, who co-founded & established ESOP Direct as a thought leader & market leader, brought insightful perspectives to the forefront during his presentation on “CA Profession & Entrepreneurship.” His emphasis on cultivating a corporate mindset within firms resonated strongly, urging delegates to envision and build institutions with enduring value having separate identity from its founders which he aptly described as ‘infinite game.’

As the event was unveiled against the scenic backdrop of Mahabaleshwar, it served not only as a platform for knowledge dissemination and camaraderie but also as a celebration of the BCAS’ resilience and adaptability over the years.

The inaugural session was followed by a panel discussion on ‘Multi-Disciplinary Issues on Charitable Trusts’ that delved deep into the intricacies of charitable trusts, encapsulating a comprehensive 360-degree view on prevalent issues in Income Tax, GST, and Charity Law.

The session moderated by CA Mandar Telang and CA E. Chaitanya, provided a symphony of insights from CA (Dr) Gautam Shah, CA S.S. Gupta and CA Sonalee Godbole, addressed critical issues ranging from the application of principal repayments to the doctrine of Mutuality and the compliance regime applicable to Charitable Trusts. Past President CA Anil Sathe, the Chairman of the session, steered the discussion with finesse, supplementing the speakers with his expertise in direct taxes. As queries from participants punctuated the dialogue, the panellists adeptly elucidated each concern, leaving no stone unturned in ensuring clarity and comprehension.

The second day of the RRC witnessed a poignant exchange of ideas as members convened early for group discussions at various breakout venues led by group leaders CA Chaitee Londhe, CA Chintan Shah, CA Chirag Haraniya, and CA Manish Dafria. The focal point of these discussions were the thought-provoking case studies on ‘Taxation Issues in Respect of Non-Resident Indians’ curated by CA Kishore Phadke. In an atmosphere charged with intellectual fervour, participants delved deep into the nuances of the case studies, engaging in spirited deliberations and constructive dialogue. Case-studies in Direct Taxes is an annual feature of the RRC and is an endeavour to make it a great learning experience for all.

As the day unfolded, the RRC members navigated through a myriad of interesting dialogues as the group discussion was followed by the panel discussion on a very relevant topic- ‘Scaling up Professional Practice in a Challenging World’ that was enriched by the insightful contributions of distinguished panellists Past President CA Shariq Contractor and CA Milin Mehta, under the adept chairmanship of Past President CA Narayan Pasari, adding a touch of seasoned wisdom to the proceedings. The session, skilfully moderated by CA Sushrut Chitale, was marked by the exchange of intriguing experiences pertaining to the augmentation of CA practice.

The panel discussed strategies for CA firms to enhance market position and topics such as succession planning, the imperative of scaling up, partner remuneration structures, and others ensued. It was collectively acknowledged by the panel that there exists no singular correct approach to scale up and for a firm to work, and that varied strategies may be warranted based on unique circumstances. Furthermore, deliberations touched upon the significance of human resource management, effective delegation of tasks, and the willingness to part ways with clients not aligned with the firm’s vision or scale.

Following the panel discussion, CA Kishore Phadke offered elaborate responses for case studies concerning taxation issues for Non-Resident Indians (NRIs) which were discussed by participant groups in the morning. Insights on interpretation challenges regarding split residential status, tax implications of work-from-home policies, taxation of unpaid salaries earned as a non-resident but received upon becoming a resident, ramifications under the Black Money Act, influence of citizenship on stateless individuals, taxation of passive income earnings for NRIs within the context of the India-UAE Tax Treaty, etc. were shared at length. This session was expertly chaired by Past President Dr. CA Mayur Nayak.

As the day moved ahead, participants across age groups engaged in evening leisure pursuits/ recreational activities such as cricket and badminton, fostering camaraderie and relaxation. The group later proceeded to the picturesque Mystic Valley for extended delight. Morning discussion groups transitioned into competitive teams for fun-filled activities such as hula hoop passing, dog and bone, and musical chairs, amidst the scenic backdrop of the sunset, accompanied by participant-performed songs;, the atmosphere was imbued with a sense of serenity and camaraderie, creating lasting memories.

The eventful day culminated with an engaging session featuring eight esteemed Past Presidents — CA Ameet Patel, CA Anil Sathe, CA Ashok Dhere, Dr. CA Mayur Nayak, CA Narayan Pasari, CA Pranay Marfatia, CA Rajesh Muni and CA Uday Sathaye; offering a unique opportunity for a reflective dialogue titled ‘Back to the Roots – A Journey Through Time’. During this distinctive tête-à-tête, they reminisced about their experiences attending, presiding over, chairing, and deriving value from RRCs. They shared insights into various aspects such as event statistics, amusing anecdotes, memorable moments, unusual participant requests, revered speakers, attendance records, inaugural years of participation, esteemed chief guests during their tenure, and cherished the RRCs. The session was orchestrated by Convenor CA Preeti Cherian.

After a day of bonding and networking, the third day commenced with intensive brainstorming at group discussions for case studies on Direct Taxation that enthralled participants on a Saturday morning. Divided into four groups led by group leaders CA Atul Suraiya, CA E. Chaitanya, CA Kinjal Bhuta, and CA Shaleen Patni, group discussions continued even during breaks, reflecting the delegates’ enthusiasm. CA Jagdish Punjabi’s meticulously compiled case studies on pertinent and complex direct tax practitioner challenges formed the centrepiece of these discussions. The dynamic discussions underscored the collective zeal to unravel complex challenges and chart a course towards innovation and progress.

The subsequent session featured a Paper Presentation titled ‘Global Opportunities for CAs in India’ with a specific focus on the USA and UAE, delivered by CA (Dr) Mitil Chokshi and proficiently chaired by Past President CA Ameet Patel infusing a dash of knowledgeable insights into the proceedings. CA Mitil elucidated on the multitude of opportunities available to Indian Chartered Accountants (CAs) for servicing clients in the UAE and USA. He provided a comprehensive overview of the process involved in establishing a practice in these jurisdictions, including insights into expected setup costs, types of services offered, and supplemented his discourse with pertinent case studies. Additionally, he articulated strategies for CAs to procure work in these domains, thereby encouraging diversification into new business lines and harnessing the vast potential inherent in non-traditional sectors.

Following lunch on the third day, CA Satish Shenoy delivered a compelling paper presentation titled ‘Internal Audit – Thriving in the Co-sourcing Space’, proficiently chaired by Past President CA Rajesh Muni. CA Satish adeptly emphasised the essential qualities and guiding principles for auditors, emphasising adaptability in the digital era, introducing the ABCD framework (Automation, Blockchain, Cybersecurity, and Deep Data Analytics).
His engaging presentation included insightful dos and don’ts of auditing, accompanied by humorous songs relevant to audit scenarios, keeping the audience captivated. Overall, CA Satish’s presentation effectively conveyed his vision for thriving in the co-sourcing landscape.

The third day concluded with leisure activities, as participants engaged in an exhilarating treasure hunt followed by indulging in some retail therapy and leisurely strolls along the lanes of Mahabaleshwar in the evening while relishing the strawberries and other delectable dishes. The evening culminated with a delightful gala dinner by the poolside, providing a perfect ending to the day’s events.

On Sunday, the final day marked the last technical session of the event, featuring CA Jagdish Punjabi’s discussion on the direct tax case studies. This session was chaired by Past President CA Ashok Dhere exemplifying his seasoned leadership. CA Jagdish’s thorough deliberation on the case studies, covering topics such as capital gains, exemptions under sections 54 and 54F, property redevelopment taxation, rectification proceedings, penalty provisions under section 270A, presumptive taxation under section 44AD, and revision proceedings under sections 263 and 264, provided a comprehensive review of the Income Tax Act, 1961, akin to revisiting fundamental principles.

Overall, the breakout sessions served as crucibles of thought, igniting innovative perspectives, and fostering a culture of collaborative learning.

The 57th RRC also featured T20 sessions for the first time, inspired by the GST RRC, introducing a novel concept whereby first-time participants were allotted 20 minutes each to present on a topic. All three T20 sessions garnered positive reception from the audience.

Session 1 focused on “Financial Statements — a better way,” presented by CA Namit Bhambri. CA Namit elucidated on innovative techniques for enhancing financial statements using Excel efficiently. Additionally, he demonstrated SQL queries applicable in Tally software to facilitate effective management of ledger groupings during financial statement preparation.

Session 2 focused on “Recent Amendments in ITR Forms,” presented by CA Aditya Pradhan. CA Pradhan delivered a succinct and informative presentation regarding the latest amendments in the ITR forms, pertinent for the forthcoming tax return filing season.

In Session 3, titled “Unique Features of GST,” CA Payal (Prerna) Shah delivered an informative and comprehensive presentation highlighting key aspects of GST, providing attendees with valuable insights into the intricacies of the taxation system.

To commemorate the 75th year of BCAS, the office staff was graciously invited to Mahabaleshwar for a weekend getaway during the RRC. It was an opportunity for them to unwind, have fun, and finally experience firsthand the event they tirelessly work on but have never had the chance to attend.

The event reached its conclusion with Chairman CA Uday Sathaye delivering formal closing remarks. President CA Chirag Doshi extended his heartfelt congratulations to all participants for their contributions to another successful event, coinciding with BCAS’ 75th year celebrations. Reflecting on the recent three-day mega-conference, “Reimagine,” he fondly recalled the cherished memories and acknowledged the many unsung heroes who have played pivotal roles in BCAS’ journey. In particular, he highlighted the significant contribution of one such unsung hero — a respected senior gentleman, who generously contributed to BCAS including the 75th year as a gesture of giving back, citing how BCAS had played a crucial role in his formative years, attending the RRCs and learning from esteemed figures like CA Pradyumna Shah, CA Pinakin Desai and more. These experiences had greatly benefited him, honing his understanding, and instilling the confidence to develop a flourishing career.

As the event drew to a close, attendees reminisced about the fruitful exchanges and meaningful connections forged during the gathering. Delegates also provided heartwarming feedback and offered constructive suggestions. In celebration of the platinum jubilee of BCAS, attendees who had participated in 25 or more RRCs, as well as those under 40 who had attended five or more RRCs, were honoured with tokens of appreciation. The event exemplified a collective dedication to academic excellence and professional development. With hearts full of gratitude and minds enriched with new insights, participants departed, carrying with them not only cherished memories but also a renewed sense of camaraderie and commitment to excellence in their professional journeys. The contributions to the success of the RRC also goes to Convenors of the Committee CA Kinjal Bhuta, CA Manmohan Sharma, CA Preeti Cherian and CA Rimple Dedhia. We now move on till we meet next year for the 58th RRC.

 

Regulatory Referencer

I. COMPANIES ACT, 2013

1. Adoption of a centralised approach for processing all e-forms filed by companies: MCA has notified that effective 6th February, 2024, the Central Processing Centre (CPC) shall process and dispose of e-forms filed by the companies. This is aimed at freeing up capacity at the offices of Regional Directors and Registrar of Companies to deal with enforcement matters. Further, it has been clarified that the jurisdictional Registrars shall continue to have jurisdiction over the companies whose e-forms are processed by the CPC in respect of all other provisions of the Companies Act, 2013. [Notification No. S.O. 446(E), dated 2nd February, 2024]

2. Guidelines on the appointment of Independent Directors and Board evaluation process: The Confederation of Indian Industry (CII) has issued Guidelines on the Appointment of Independent Directors and the Process of Board Evaluation. The Guidelines are divided into two parts with ‘Part A’ focusing on Appointment of Independent Directors & Succession Planning and ‘Part B’ on the Process of Board Evaluation. [Guidelines dated 6th February, 2024]

3. Revised Secretarial Standards on ‘Meeting of Board of Directors’ and ‘General Meetings’: The ICSI has notified revision in SS-1 i.e., Secretarial Standard on Meeting of Board of Directors, and SS-2 i.e., Secretarial Standards on General Meeting. The revised Secretarial Standards align with recent amendments to the Companies Act, 2013 post publishing of second versions of SS-1 & SS-2. The revised SS- 1 and SS-2 will be effective from 1st April, 2024

4. Extension of the deadline for filing Form BEN-2 & Form 4D for LLPs without additional fees until 15th May, 2024: MCA vide notifications dated 9th November, 2023 and 27th October, 2023 had prescribed E-form LLP BEN-2 and E-form LLP Form no. 4D. In view of the transition of MCA-21 from V2 to V3 and to promote compliance on the part of reporting LLPs, the MCA has decided to allow LLPs to file Form LLP BEN-2 and LLP Form No. 4D, without payment of any additional fees, up to 15th May, 2024. The two forms shall be made available in version 3 for filing purposes from 15th April, 2024. [General Circular No. 01/2024, dated 7th February, 2024]

5. Norms regarding processing of forms by Central Processing Centre: MCA has notified an amendment to the Companies (Registration Offices and Fees) Amendment Rules, 2014. A new rule 10A has been inserted to the existing rules. The rule specifies the list of e-forms, applications and documents on which the Central Processing Centre (CPC) shall exercise jurisdiction. Further, the timeline for processing of application has also been specified. The provisions shall be effective from 16th February, 2024. [Notification No. G.S.R 107(E), dated 14th February, 2024]

6. Operationalisation of Central Processing Centre (CPC) for Corporate Filings to Promote Ease of Doing Business: MCA has operationalised the Central Processing Centre (CPC) for centralised processing of corporate filings without requiring any physical interaction with the stakeholders to promote ease of doing business. The Ministry said 12 forms have begun to be processed at CPC from 16th February, 2024 which will be followed by other forms from 1st April, 2024 onward. [MCA Press release, dated 16th February, 2024]

7. Deployment of the ‘Change Request Form’ on MCA-21 for the convenience of users of MCA-21 services: MCA has provided for deployment and usage of the ‘Change Request Form’ (CRF) on MCA-21. Stakeholders are informed that CRF has been made available on the V3 portal for convenience of users of MCA-21 services. This web-based Form is to be used only under exceptional circumstances, for making a request to ROC, for purposes which cannot be catered through any existing form or services or functionality available either at Front Office level (users of MCA-21 services) or Back Office level (RoCs). [General Circular No. 02/2024; dated 19th February, 2024]

II. SEBI

8. Guidelines for returning of draft offer document and its resubmission: SEBI has observed that at times, draft offer documents filed with the Board for public issue / rights issue are found lacking in compliance with respect to Schedule VI of ICDR Regulations. Such documents require revisions/changes and thus lead to a longer processing time. Now, for consistency in the disclosures & timely processing, SEBI has decided to issue ‘Guidelines for returning of draft offer document and its resubmission’. This Circular shall come into force with immediate effect. [Circular No. SEBI/HO/CFD/POD-1/P/CIR/2024/009, dated 6th February, 2024]

9. SEBI cautions investors to avoid transactions with unregistered entities: SEBI has issued a caution against unregistered entities falsely claiming registration, showcasing fake certificates, and promising high returns. SEBI urged investors to verify the registration statusand exercise due diligence to avoid potential fraud risks. In this regard, SEBI has also advised investors to (a) verify before investing (b) Beware of promises ofhigh returns (c) Verify enforcement action by SEBI (d)Be well informed. [SEBI Press release No. 2/2024, dated 13th February, 2024]

10. SEBI directs intermediaries to centralise FATCA and CRS certifications at KYC Registration Agencies: To promote ease of doing business and compliance reporting, SEBI suggests measures for the centralisation of certifications under the Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS) at KYC Registration Agencies. As per the new norms, SEBI has directed the intermediaries, who are reporting to financial institutions (RFI), to upload the FATCA and CRS certifications obtained from the clients onto the system of KRAs with effect from 1st July, 2024. [Circular No. SEBI/HO/MIRSD/SECFATF/P/CIR/2024/12, dated 20th February, 2024]

11. SEBI cautions investors against fraudulent trading schemes claiming to be offered to Indian residents by FPIs: SEBI has cautioned investors against fraudulent trading schemes claiming to be offered to Indian residents by Foreign Portfolio Investors (FPIs). In this regard, SEBI clarified that FPI investment route is unavailable to resident Indians, with limited exceptions. Further, there is no provision for an “Institutional Account” in trading, and direct access to the equities market requires investors to have a trading and demat account with a SEBI-registered broker/trading member and DP respectively. [Press release No. 04/2024, dated 26th February, 2024]

DIRECT TAX: SPOTLIGHT

1. Ex-post facto extension of due date for filing Form No. 26QE which was required to be filed during the period 1st July 2022 to 28th February, 2023 (pertaining to F.Y. 2022-23) – Circular No. 4 of 2024 dated 7th March, 2024.

As provided in Section 194S, any person who pays to a resident any sum by way of consideration for the transfer of a virtual digital asset is required to deduct tax @ 1 per cent of such sum. Further, he is required to report such deductions in a challan-cum statement electronically in Form No. 26QE within thirty days from the end of the month in which such deduction is made.

Persons who deducted tax under section 194S of the Act during the period from 1st July, 2022 to 31st January, 2023, could not file Form No. 26QE and pay corresponding TDS on or before the due date, due to unavailability of Form No. 26QE. Further, the persons who deducted tax under section 194S during the period from 1st February, 2023 to 28th February, 2023 had insufficient time to file Form No. 26QE and pay corresponding TDS thereon.

CBDT has ex-Post Facto extended the due date forfiling of Form 26QE to 30th May, 2023 in those cases where the tax was deducted by a person under section 194S of the Act during the period from 1st July, 2022 to 28th February, 2023.

Fee levied under section 234E and / or interest charged under section 201(1A)(ii) of the Act in such cases for the period up to 30th May, 2023, shall be waived.

2. Govt. notifies reduced tax rates on royalty andFTS with Spain by invoking Most Favoured Nation (MFN) clause – Notification No. 33/ 2024 dated 19th March, 2024.

Protocol of India-Spain DTAA has a MFN clause. Since India agreed to lower tax rates on royalties and technical service fees in its 1996 Convention with Germany, the same lower rates apply to this Convention with Spain. Accordingly, the Central Government has amended the rate given in Article 13 of the India-Spain DTAA. The rate is reduced to 10 per cent. The amended Article 13(2) of the India-Spain DTAA is effective from Assessment Year 2024-25.

3. Form ITR-V and Form ITR — Acknowledgement notified for A.Y. 2024-25 — Income-tax (Fifth Amendment) Rules, 2024 – Notification No. 37/ 2024 dated 27th March, 2024.

III. FEMA

1. Definition of unit in FEM (Non-debt Instruments) Rules, 2019 expanded to include partly paid units

The Central Government has notified the Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2024. An amendment has been made to Rule 2(aq), which defines the term ‘unit’ as the beneficial interest of an investor in an investment vehicle. The amendment has inserted an explanation to the clause. It states that ‘unit’ shall include a unit that has been partly paid up as permitted under regulations framed by SEBI in consultation with the Government of India. This is an enabling provision to allow investment by non-residents in partly paid units, as allowed by SEBI, in consultation with the Government of India.

[Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2024 dated 14th March, 2024]

2. Units set up in IFSC in ship leasing activity not required to maintain a separate office

The Govt. has notified the Special Economic Zones (Second Amendment) Rules, 2024. An amendment has been made to Rule 21B of the existing rules. As per the amended norms, the term ‘aircraft leasing’ has been replaced with ‘aircraft or ship leasing’. Accordingly, units set up in IFSC are authorised to undertake aircraft or ship leasing activity and are not mandatorily required to maintain a separate office.

[Special Economic Zones (Second Amendment) Rules, 2024 dated 14th March, 2024]

3. FDI norms liberalised to allow FDI in space sector under Automatic route

Under the extant policy, FDI was permitted in establishment and operation of Satellites through the Government approval route only. The FDI policy on the Space sector has now been eased by prescribing liberalised thresholds in various sub-sectors or activities under the Automatic Route. The entry route for the various activities under the amended policy are as follows:

i. Up to 74 per cent under Automatic route:Satellites-Manufacturing & Operation, Satellite Data Products and Ground Segment & User Segment.Beyond 74 per cent these activities are under government route.

ii. Up to 49 per cent under Automatic route: Launch Vehicles and associated systems or subsystems, Creation of Spaceports for launching and receiving Spacecraft. Beyond 49 per cent these activities are under government route.

iii. Up to 100 per cent under Automatic route: Manufacturing of components and systems / sub-systems for satellites, ground segment and user segment.

While the amendment has been made to the FDI Policy, a corresponding amendment under FEMA is pending. This decision will take effect from the date Foreign Exchange Management (Non-debt Instruments) Rules, 2019 are amended.

[Press Note No. 1 (2024 series), dated 4th March, 2024]

4. Amendments in SEZ Act, 2005 and SEZ Rules, 2006

Amendments have been made in the SEZ Act, 2005 and SEZ Rules, 2006 to streamline the process of applications by proposed IFSC units as follows:

i. The SEZ approval application made by proposedIFSC units will be handled by an officer nominated by the IFSCA designated as “Administrator (IFSCA)”. Such officer shall be the Chairperson of Unit Approval Committee of IFSCA.

ii. Form F has been replaced by a consolidated Form FA which should be filed by the proposed IFSC unit for SEZ approval to Administrator (IFSCA).

[Finance Ministry Notification No. S. O. 940(E) dated 28th February, 2024]

5. Amendment in Banking Regulation Act, 1949

The Banking Regulation Act has been amended so that the restrictions on loans and advances would not apply to the IFSC Banking unit of a Foreign Bank.

[Finance Ministry Notification No. S. O. 942(E) dated 28th February, 2024]

Learning Events at BCAS

LEARNING EVENTS AT BCAS

1. The webinar on “The (AI)mazing Future of CA Services: Guide to AI & Chat GPT Implementation” conducted by the Technology Initiatives Committee was held on 17th February, 2024, in Online Mode.

The webinar was conducted to provide Chartered Accountants and their teams with invaluable insights into the successful integration of AI in accounting, data analysis, auditing and more.

It began with CA Dungarchand C Jain explaining to the participants the features of ChatGPT — how it works, comparative analysis of GPT-3.5 (free) and GPT-4 (paid) versions, etc. He also explained the limitations of ChatGPT, how to write prompts and additional plugins. The live demonstration of queries posted to ChatGPT and how it could be used for day-to-day operations by a CA firm was well appreciated by the participants.

In the second part, CA Nikunj Shah explained the use of ChatGPT for data analysis, including, trend identification, and anomaly detection, to derive actionable insights from financial data. He further emphasised that AI-driven audit technologies can automate compliance checks, identify potential risks and enhance the accuracy and reliability of audit procedures.

Both the speakers are members of the Technology Initiatives Committee.

The webinar had 235+ participants from more than 40 cities. The webinar ended with a well-deserved vote of thanks to the speakers and all the participants.

2. The workshop on “GST Skilling up – Writing, Responding and Representing” was held on 9th and 16th February, 2024 @ BCAS.

An impressive two-and-a-half-day physical workshop with faculties CA Raman Jokhakar and CA Tejal Mehta was designed to provide practical experience in drafting and representation skills. There were about 35 participants.

The speakers explained how to draft letters / replies / emails in short without using long sentences and being repetitive and using plain and simple language so that what is desired to be conveyed is properly conveyed. They also explained to the participants the dos and don’ts of appearing before a Revenue Officer and how to make their representation impactful.

It also included a mock Role Play where the participants were required to prepare a reply to a Show Cause Notice / ASMT-10 notice and represent their case before a Revenue Officer. At the end of this, the mistakes or shortcomings in their drafting / representation were explained, and how best they could have been avoided.

The participants were issued a Certificate for participating in the workshop.

The faculties were ably supported by CA Vikram Mehta and Shannel Jacinto.

3. Indirect Tax Study Circle Meeting on “GST Case Studies on Place of Supply” was held on 15th February, 2024, in Online Mode.

Group leader CA Rishabh Mishra dealt with the case studies and gave a presentation covering various issues and challenges faced by taxpayers in regard to the Place of Supply under the GST law and was guided by Group Mentor CA Jigar Doshi. The case studies covered the following aspects for a detailed discussion on the place of supply:

  • Separate contracts for the supply of materials and supply of allied services like transportation, insurance, etc., including issues due to cross-fall breach clauses.
  • Testing services in relation to goods sent to India by overseas entities with options of sending the goods back or kept in India. Testing of pre-designed software for holding co. was also discussed.
  • Services of soliciting subscribers to the issue of securities by overseas managers for Indian entities.
  • Place of supply in relation to immovable property in India to a service recipient outside India for the development of 3D models.
  • Turnkey project for design, development, construction, supply, and installation of plant, machines, solar power, packing lines, residential quarters, canteen, guest house, etc.
  • Services of conducting a market survey, assistance in marketing events, advertising policy, appointment of distributors, etc., on cost-plus basis by an Indian Subsidiary to a Foreign Holding company.
  • Works contract services provided by an Indian entity to a foreign entity in a foreign land through outsourcing to another Indian entity with the foreign branch.

4. Felicitation of Young CAs of November 2023 Examination & Fireside Chat on the topic “Get Future Ready” was held on 20th January, 2024, at the BCAS Hall by the Seminar, Public Relations & Membership Development (SPR&MD) Committee.

A special event was organised for the freshly qualified Chartered Accountants of the November 2023 examination under the aegis of the Seminar, Public Relations & Membership Development (SPR&MD) Committee. The event attracted a full house of 150 participants.

The evening commenced with the esteemed speakers addressing the young champions on the subject, ‘Get Future Ready’. The first speaker, Past President of the BCAS, CA Ameet Patel candidly shared his views on a wide range of subjects — how to find the right fit in the initial years, the steps one can take to build on and solidify one’s repertoire, how it’s ok to change tracks if things are not working out, the very critical role that BCAS can play in shaping one’s future, and the importance of networking, developing a hobby, cultivating a passion, etc.

The second speaker, Ms. Dipika Singh spoke about the significance of investing in oneself, owning the room, projecting the right body language, radiating confidence, creating interesting content and posting it on the right platforms, getting noticed in a crowd and creating and nurturing a brand within oneself.

This was then followed by an interesting round of floor questions for both speakers. The evening ended with the felicitation ceremony. Labdhi Sanghvi securing All India Rank 47 was the first to be felicitated and was then invited to share his thoughts. The event showcased the vibrancy of the participants, many of whom showed great interest in signing up to be members of the BCAS.

Link to access the session: https://www.youtube.com/watch?v=U4jUpZ0X4OY&t=870s

5. Full Day Seminar on “Charitable Trusts – A Tax, Regulatory & Management Perspective” held on Friday, 19th January, 2024 @ BCAS

The successful full-day event commenced with a compelling keynote address by Shri C V Pavana Kumar, CIT (Exemptions) Mumbai, setting the tone for the day by addressing the pivotal role of Charitable Trusts in India in societal development, the Department’s technology and tax initiatives, the relevance and context of the recent changes in the tax regime relating to Charitable Trusts, and the importance of navigating the associated challenges by learned professionals and assessee.

It was followed by a power-packed Panel Discussion by CA Anil Sathe, and Mr. Noshir Dadrawala, CA (Dr.) Gautam Shah, moderated by CA Gaurav Save. The session not only provided a practical approach to the Litigation issues regarding Charitable / religious Trusts, but also provided a comprehensive overview of common errors encountered in ITR-7 filings and shed light on challenges pertaining to sections 10B, 10BB and FCRA compliance.

Thereafter, CA Suresh Kejriwal took the participants through the recent amendments to the Foreign Contribution Regulations Act, posing additional cautious compliance responsibilities.

CA (Dr.) Gautam Shah enlightened the gathering about the procedural requirements under the Maharashtra Public Charitable Trusts law and also talked about patiently dealing with the Charity Commissioner’s office.

The participants also benefitted from a comprehensive presentation on the emerging concept of Social Stock Exchange by Mr. Hemant Gupta. He discussed the nitty-gritty, emphasising how this platform can be a game-changer for charitable organizations, providing a new dimension to fundraising and visibility.

The same was followed by an enriching session by Mr. Noshir Dadrawala on Corporate Social Responsibility (CSR) compliance. He coined the mantra “Comply Strictly (by) Rules”, emphasising compliance with CSR provisions and highlighting the far-reaching implications of non-compliance.

The event concluded with an informative presentation by CA Deven B Shah on the maintenance of Books of Accounts by Charitable Organizations in accordance with Rule 17AA of Income Tax Rules, well-equipping the participants with the vital, differentiating aspects thereof.

Each session suitably dealt with and addressed the queries of the participants.

This event was a collaborative effort to empower the charitable sector, offering a holistic perspective on navigating the legal, tax and management intricacies associated with Charitable Organizations in India. We extend our gratitude to all participants, speakers and organizers for contributing to the success of this enriching and informative day.

6. Corporate & Commercial Law Study Circle Meeting “SBO and Demat of securities – Need of the hour” was held on 16th January, 2024, in Online Mode.

Speaker CS Sudhakar Saraswatula addressed the participants on the provisions relating to Significant Beneficial Ownership, as have been notified for Limited Liability Partnerships. He further discussed the inception and rationale behind the SBO provisions and the compliance requirements thereof. Certain challenges faced in the implementation of SBO provisions and its practical approach were also shared.

The discussion further shaped to how private companies other than small companies are also now mandated with the compulsory dematerialisation of securities within the given time frame, along with other related matters such as the holding of securities by the promoters of / issue of securities by unlisted public companies, conversion of share warrants held in physical form, action points for demat of securities by private companies as well as security holders and penal provisions for non-compliance.

7. आDaan-प्रDaan (Season 3) — “Speed mentoring program for Chartered Accountants” was held by the Seminar, Public Relations & Membership Development (SPR&MD) Committee in Online Mode.

Conducted during November and December, the program provided a platform for invaluable guidance and support from 25 mentors, where an impressive 28 mentees engaged in the first round of season 3 — with 17 hailing from 10 different states across India, showcasing the program’s ability to transcend geographical boundaries and empower CAs nationwide.

Throughout the sessions, mentees delved into various aspects of professional life, seeking insights on practice management, people management, growth strategies, guidance for changing careers, essential skill acquisitions, etc. Mentors, drawn from a rich tapestry of practicing Chartered Accountants and industry stalwarts, offered guidance tailored to the mentees’ aspirations and challenges, enabling mentees to navigate critical decision points with confidence and clarity.

The heartwarming display of gratitude through generous donations to the BCAS Foundation by the mentees exemplified the tradition of Guru Dakshina, reinforcing the bond between mentors and mentees in the CA community.

With heartfelt appreciation extended to all participants and mentors, the ‘आDaan-प्रDaan’ initiative continues to pave the way for growth, excellence and collaboration within the profession. The Committee is planning to conduct the second round of season 3 shortly.

Miscellanea

1. TECHNOLOGY

Google joins mission to map methane from space

Tech giant Google is backing a satellite project due to launch in March which will collect data about methane levels around the world. The new satellite will orbit 300 miles around the Earth, 15 times per day. Methane gas is believed by scientists to be a major contributor to global warming because it traps heat.

A lot of methane is produced by farming and waste disposal, but the Google project will focus on methane emissions at oil and gas plants. Firms extracting oil and gas regularly burn or vent methane.

The new project is a collaboration between Google and the Environmental Defense Fund, a non-profit global climate group. The data captured by the satellite will be processed by the tech giant’s artificial intelligence tools and used to generate a methane map aimed at identifying methane leaks on oil and gas infrastructure around the world. But the firm said if it identified a significant leak it would not specifically notify the company which owned the infrastructure responsible for it.

“Our job is to make information available,” it said, adding that “governments and regulators would be among those with access to it and it would be for them to force any changes.” There is no international rule on controlling methane emissions. The EU has agreed to a set of proposals aimed at reducing them, which includes forcing oil and gas operators to repair leaks. In the coal sector, flaring will be banned in member states from 2025.

Google’s map, which will be published on its Earth Engine, will not be in real-time, with data sent back from the satellite every few weeks. In 2017, the European Space Agency launched a similar satellite instrument called Tropomi, which charts the presence of trace gases in the atmosphere, including methane.

It was a mission with a minimum seven-year life span, which means it could end this year. Carbon Mapper,
which uses Tropomi data, released a report in 2022 indicating that the biggest methane plumes were seen in Turkmenistan, Russia, and the US – but cloud cover meant the data did not include Canada or China.

Google said it hoped its project would “fill gaps between existing tools”. Despite various tracking efforts, methane levels remain concerningly high. NASA says levels of the gas have more than doubled in the last 200 years, and that 60 per cent of it is created by human activity.

A major contributor to that percentage is livestock: specifically, cows. Because of the way they digest their food, cow burps and farts contain methane. In 2020, the US Environmental Protection Agency published a report that said a single cow could produce 154-264 pounds of methane gas every year. It added that there were believed to be about 1.5 billion cows raised for their meat worldwide.

“Satellites are great for finding the really big, massive culprits” of methane emissions, said Peter Thorne, professor of physical geography at Maynooth University in Ireland. But detecting more diffuse methane sources, such as those emanating from agriculture, is more difficult, he added.

(Source: bbc.com dated 15th February, 2024)

US FCC makes AI-generated robocalls illegal

The federal agency that regulates communication in the US has made robocalls that use AI-generated voices illegal. The Federal Communications Commission (FCC) announced the move, saying it will take effect immediately.

It gives the state power to prosecute any bad actors behind these calls, the FCC said.

It comes amid a rise in robocalls that have mimicked the voices of celebrities and political candidates. “Bad actors are using AI-generated voices in unsolicited robocalls to extort vulnerable family members, imitate celebrities, and misinform voters,” said FCC chairwoman Jessica Rosenworcel.

“We’re putting the fraudsters behind these robocalls on notice.” The move comes on the heels of an incident last month in which voters in New Hampshire received robocalls impersonating US President Joe Biden ahead of the state’s presidential primary.

The calls encouraged voters not to cast ballots in the primary. An estimated 5,000 to 25,000 were placed. New Hampshire’s attorney general said the calls were linked to two companies in Texas and that a criminal investigation is underway.

The FCC said these calls have the potential to confuse consumers with misinformation by imitating public figures, and in some instances, close family members. The agency added that, while state attorneys general can prosecute companies and individuals behind these calls for crimes like scams or fraud, this latest action makes the use of AI-generated voices in these calls itself illegal.

Deepfakes — which use AI to make video or audio of someone by manipulating their face, body, or voice — have emerged as a major concern around the world at a time when major elections are, or will soon, be underway in countries like the US, UK, and India.

(Source: bbc.com dated 8th February, 2024)

2. ENVIRONMENT

Climate change: Polar bears face starvation threat as ice melts

Some polar bears face starvation as the Arctic Sea ice melts because they are unable to adapt their diets to living on land, scientists have found. The iconic Arctic species normally feed on ringed seals that they catch on ice floes offshore. But as the ice disappears in a warming world, many bears are spending greater amounts of time on shore, eating bird eggs, berries, and grass. However, the animals rapidly lose weight on land, increasing the risk of death.

The polar bear has become the poster child for the growing threat of climate change in the Arctic, but the reality of the impact on this species is complicated. While the number of bears plummeted up to the 1980s, this was mainly due to unsustainable hunting. With greater legal protection, polar bear numbers have risen. But increasing global temperatures are now seen as their biggest threat.

That’s because the frozen Arctic seas are key to their survival. The animals use the sea ice as a platform to hunt ringed seals, which have high concentrations of fat, mostly in late spring and early summer. But during the warmer months, many parts of the Arctic are now increasingly ice-free.

In Western Manitoba where this study was carried out, the ice-free period has increased by three weeks between 1979 and 2015. To understand how the animals survive as the ice disappears, researchers followed the activities of 20 polar bears during the summer months over a three-year period. As well as taking blood samples, and weighing the bears, the animals were fitted with GPS-equipped video camera collars. This allowed the scientists to record the animals’ movements, their activities, and what they ate.

In the ice-free summer months, the bears adopted different strategies to survive, with some essentially resting and conserving their energy. The majority tried to forage for vegetation or berries or swam to see if they could find food. Both approaches failed, with 19 of the 20 bears in the study losing body mass, by up to 11 per cent in some cases. On average, they lost one kilogram per day.

(Source: bbc.com dated 13th February, 2024)

Regulatory Referencer

I. COMPANIES ACT, 2013

1. Notification of norms regarding the listing of equity shares in IFSC by public companies: MCA has notified the Companies (Listing of equity shares in permissible jurisdictions) Rules, 2024. These rules shall apply to unlisted public companies or listed public companies, which issue their securities for listing on permitted stock exchanges in permissible jurisdictions (i.e., IFSC). Permitted exchanges mean India International Exchange and NSE International Exchange. Further, MCA has specified certain companies which shall not be eligible under these rules like Nidhi companies or companies limited by Guarantee. [Notification No. G.S.R. 61(E), dated 24th January, 2024]

II. SEBI

2. AIF norms related to demat holding and appointment of custodian modified: SEBI has modified the Alternative Investment Norms. An amendment has been made in Regulations 15 & 20. A new clause has been added in Regulation 15 which provides the list of situations where an AIF can hold the investment in a non-dematerialised form. This includes investments in instruments and liquidation schemes of AIFs that are not eligible for demat. Further, the norms related to the appointment of custodians have also been modified. [Notification No. SEBI/LAD-NRO/GN/2024/163, dated 5th January, 2024]

3. AIF norms modified to align the same with amended PMLA rules: The Government has amended the Prevention of Money Laundering (Maintenance of Records) Rules, 2005 whereby the threshold limit for determining the beneficial ownership has been revised. Accordingly, the respective changes have been made in the master circular on AIFs. Further, in case an investor who has already been on-boarded to the AIF scheme, doesn’t meet the revised condition, the manager of AIF shall not draw down any further capital contribution until the investor meets the condition. [Circular No. SEBI/HO/AFD/POD1/CIR/2024/2, dated 11th January, 2024]

4. Proposal to float the framework for voluntary freezing/blocking the online access of the trading account: It was noticed that many investors raised issues of suspicious activities in their trading accounts. Therefore, SEBI decided to float the framework for Trading Members to provide the facility of voluntary freezing/blocking the online access of the trading account to their clients on account of suspicious activities on or before 1st April, 2024. It is to be noted that a similar facility of voluntary blocking/ freezing of demat accounts is already available for investors. [Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2024/4, dated 12th January, 2024]

5. Detailed guidelines regarding holding of investment in demat and appointment of a custodian by an AIF, issued: Earlier, SEBI had notified certain amendments to the AIF regulations. In this regard, the SEBI further specifies that any investment made by an AIF on or after 1st October, 2024 shall be held in demat form only, irrespective of whether an investment is made directly in the investee company or is acquired from another entity. Further, the norms regarding the appointment of a custodian have also been specified. [Circular No. SEBI/HO/AFD/POD/CIR/2024/5, dated 12th January, 2024]

6. Promoters can offer shares to employees in an ‘Offer for Sale ‘through the Stock Exchange Mechanism: As per the extant procedure, an offer for sale (OFS) to employees of the eligible company is happening outside the stock exchange (SE) mechanism. SEBI observed that said procedure is time-consuming & involves additional costs, therefore, it has now decided that the promoters can also offer the shares to employees in OFS through the SE Mechanism. The procedure for OFS to employees through the SE Mechanism is an additional option to the existing procedure of OFS to employees [Circular No. SEBI/HO/MRD/MRD-POD-3/P/CIR/2024/6, dated 23rd January, 2024]

7. Regulatory reporting by Designated Depository Participants (DDPs) and Custodians through SI Portal: The SEBI has reviewed various reports submitted by DDPs and Custodians in order to have uniform compliance standards. Subsequent to the review, SEBI has decided that the reports shall now be submitted on the SEBI Intermediary Portal (SI Portal) by DDPs and Custodians. Such reports include Annual audit reports on internal controls of DDPs, Annual review reports of the systems, procedures & controls of the Custodian, etc. This circular shall be effective from the month ending February 2024. [Circular No. SEBI/HO/AFD/ AFD-SEC-2/P/CIR/2024/8, dated 25th January, 2024]

8. Extension of timeline for complying with provisions relating to verification of market rumours by listed entities: As per Regulation 30(11) of LODR norms, the top 100 listed entities and thereafter, the top 250 listed entities by Market-Cap are required to verify/confirm/deny or clarify market rumours from the date specified by SEBI. In September 2023, SEBI, through a Circular specified 1st February, 2024 as the effective date for the top 100 listed entities and 1st August, 2024 as the effective date for the next top 250 entities. Now, the dates have been extended to 1st June, 2024 for the top 100 listed entities and 1st December, 2024 for the next top 250 listed entities. [Circular No. SEBI/HO/CFD/CFD-POD-2/P/CIR/2024/7, dated 25th January, 2024]

9. Short-selling by all investors: The Securities and Exchange Board of India has issued a circular which allows investors across all categories short-selling, but naked short-selling will not be permitted. Further, all stocks that trade in the futures and options segment are eligible for short-selling. “Short selling” means selling a stock that the seller does not own at the time of trade. Further, institutional investors will not be allowed to do day trading. [SEBI/HO/MRD/MRD-PoD-3/P/CIR/2024/1, dated 5th January, 2024]

DIRECT TAX: SPOTLIGHT

1. Circular explaining the provisions of the Finance Act, 2023. [Circular No. 1 of 2024 dated 23rd January, 2024]

2. CBDT allows trusts / institutions to file audit report in correct Form 10B/10BB Form till 31st March, 2024: Form No. lOB/Form No. lOBB, being Audit report for Trusts were notified vide Notification No.7 of 2023 dated 21st February, 2023, and are applicable for assessment year 2023–24 and subsequent assessment years. Non-furnishing of audit report in the prescribed form 10B/10BB results in denial of exemption u/s 11 or 10(23C) as it is one of the conditions which is required to be satisfied for claim of exemption. It has come to the attention of the CBDT that in a number of cases trusts / institutions have furnished audit report in Form No. lOB, where Form No. 10BB was required to be furnished for the A.Y. 2023–24 and vice versa. CBDT has allowed those trusts / institutions which have furnished audit report on or before 31st October, 2023, in Form No. lOB where Form No. 10BB was applicable and vice-versa, to furnish the audit report in the applicable Form No. lOB/10BB for the assessment year 2023–24, on or before 31st March, 2024. [Circular No. 2 of 2024 dated 5th March, 2024]

3. Clarification on exemption eligibility of inter trust donations: Eligible donations made by a trust / institution to another trust / institution are treated as application for charitable or religious purposes only to the extent of 85 per cent of such donations. Concerns were raised about whether 15 per cent out of amount donated to other trust / institution would be taxable or would be eligible for 15 per cent accumulation since the funds would not be available for investment or application due to prior disbursement. CBDT has clarified that 15 per cent of such donations by the donor trust / institution shall not be required to be invested in specified modes under section 11(5) as the entire amount has been donated to the other trust / institution and is accordingly eligible for exemption. CBDT explained the operation of the exemption provision under different scenarios with a numerical illustration. [Circular No. 3 of 2024 dated 6th March, 2024]

4. Form ITR-6 notified for A.Y. 2024–25 — Income-tax (First Amendment) Rules, 2024. [Notification No. 16/ 2024 dated 24th January, 2024]

5. Central Government has notified that all the provisions of the Agreement between the Government of Republic of India and Government of Samoa for exchange of information with respect to taxes shall be given effect to in the Union of India. [Notification No. 21/ 2024 dated 7th February, 2024]

6. Form ITR-7 notified for A.Y. 2024–25 — Income-tax (Third Amendment) Rules, 2024. [Notification No. 24/ 2024 dated 1st March, 2024]

7. Income tax department has identified certain mismatches between the information received from third parties on interest and dividend income and income tax return filed. In order to reconcile the mismatch, on-screen functionality is made available in the compliance portal of the e-filing website. At present, information relating to mismatches for F.Y. 2021–22 and 2022–23 is displayed on the compliance portal. The on-screen functionality is self-contained and allows the tax payer to reconcile the mismatch on portal itself by furnishing their response. The tax payer who is unable to reconcile the mismatch may consider the option to file updated return. [Press release on Implementation of e-verification scheme, 2021, dated 26th February, 2024]

III. FEMA AND IFSCA REGULATIONS

1. Direct Listing of Equity Shares of Indian Companies on International Exchanges is now allowed

The FEMA Non-debt Instruments (NDI) Rules, 2019 have been amended to introduce the scheme for allowing direct listing of equity shares of companies incorporated in India on International Exchanges. This was in the pipeline for a few years. The enabling provisions under the Companies Act, 2013 were inserted in 2020 which came into effect from 30th October, 2023. Now, the scheme has been notified under the NDI Rules of FEMA as well to finally permit overseas listing. Simultaneously, the MCA has also notified the rules for the same. One special feature is that unlisted public companies which meet certain conditions are also allowed to list their equity shares on overseas exchanges. It should be noted that in this first phase, direct listing has been enabled at the GIFT-IFSC exchanges which will later be extended to overseas exchanges.

[Foreign Exchange Management (Non-debt Instruments) Amendment Rules, 2024 issued by Ministry of Finance dated 24th January, 2024]

[Companies (Listing of equity shares in permissible jurisdictions) Rules, 2024 issued by Ministry of Corporate Affairs dated 24th January, 2024]

2. IFSCA notifies Regulations for Persons providing Payment Services

The IFSCA has notified the IFSCA (Payment Services) Regulations, 2024. These regulations provide a framework for all persons who seek to provide payment services in or from IFSC. It includes detailed guidelines regarding the conditions and requirements for such persons like the procedure for approval, legal form of entity, minimum net worth requirements, special categories of Payment Service providers & rules therefore, documentation & reporting requirements, etc.

[International Financial Services Centres Authority (Payment Services) Regulations, 2024 Notification No. IFSCA/GN/2024/001, dated 29th January, 2024]

REPRESENTATION

Bombay Chartered Accountants’ Society

7, Jolly Bhavan No. 2,

New Marine Lines, Mumbai-400020.

Tel. : 61377600 to 05 / Fax : 61377666
E-mail : bca@bcasonline.org;

Website : www.bcasonline.org

WebTV : www.bcasonline.tv

September 27, 2011

Shri Shobhit Jain
OSD (TRU)
Central Board of Excise and Customs (CBEC)
Government of India, North Block,
Parliamentary Street, New Delhi-110001.
Respected Sir,

Subject: Representation of our Views on the Concept Paper for
Public Debate Taxation of Services based on a Negative List of Services

We have seen with interest the Concept Paper for Public Debate and on behalf of the Bombay Chartered Accountants’ Society, and would like to humbly submit our representation on various aspects.

We hope that our representation will receive due consideration. We would be most willing to put forward our views in person should this be required. Thanking you,

We remain,

Yours truly,
For Bombay Chartered Accountants’ Society

Pradip K. Thanawala

President

Govind G. Goyal

Chairman,

Indirect Taxes & Allied Laws Committee

Representation of our Views on the Concept Paper for Public Debate Taxation of Services based on a Negative List of Services

1.0 Background Pursuant to the announcement made by the Honourable Finance Minister while presenting the Union Budget 2011, a concept paper on taxation of services based on negative list of services has been issued for public debate and views are solicited from all stakeholders before 30-9-2011. Accordingly, we present our views on the said concept paper.

2.0 Recommendations in brief The concept paper introduces the justification for the negative list on the grounds of administrative challenge, stability and comprehensiveness and proceeds to place certain questions for public debate and feedback. The questions placed and our summarised feedback on those questions is tabulated below:


3.0 The country should not adopt a negative list
The concept paper in paras 2, 3 and 4 highlights in detail the issues surrounding the positive and negative lists. While it does accept that the currently existing positive list has certain advantages in terms of definitiveness, it seeks to justify the introduction of the negative list by citing certain limitations of the current mechanism of positive list. We are of the view that most of the said limitations can be either removed even in positive list approach or are so inherent that they would exist even in the negative list approach. The following table explains the same :

On a perusal of the above table, it is evident that the reasons cited in favour of the transition appear to be more a mirage. The same issues can be addressed in the positive list or would likely to be continued in the negative list as well.

It may be noted that though the consolidated Excise Act was enacted in 1944, the residuary entry under Excise Law (converting the law from the negative list to positive list) was introduced only in 1975 i.e., more than 30 years after the introduction of the law. As compared to that time frame, the service tax law is merely 17 years old. Further, it is much easier to provide a comprehensive definition of ‘goods’ as compared to ‘services’. Therefore, the challenges of introducing a negative list in services can be compounded.

4.0    Even if it is felt that we need to adopt the negative list, the same should be adopted only at the time of GST and not earlier than that

The nation is on the verge of introducing a major indirect tax reform by introduction of comprehensive Goods and Service Tax (GST). The introduction of GST will obviate the need to classify transactions between goods and services to a great extent. Further, the Constitutional Amendments required for introducing GST will obviate many of the challenges faced currently in defining the scope of services. Therefore, it is felt that even if we need to adopt the negative list, the same should be adopted only at the time of GST and not earlier than that.

5.0    If the negative list is introduced prior to the introduction of the GST, the definition as recommended below should be adopted Service means any obligation undertaken by the assessee for a monetary consideration pursuant to a contract or agreement, whether written or not, (other than a contract or agreement for supply of goods, money or immoveable property) between two or more consenting parties and includes:

A.    right to use an immovable property;

B.    construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration is received after issuance of certificate of completion by a competent authority;

C.    temporary transfer or permitting the use or enjoyment of any intellectual property right;

D.    obligation to refrain from an act, or to tolerate an act or a situation, or to do an act;

E.    service in relation to lease or hire of goods; and

F.    right to enter any premises

But excludes a supply —

A.    by an employee to an employer in the course of or in relation to the employment of the person;

B.    by a constitutional authority under the Indian Constitution or a member of an Indian Legislature or a local self-government in that capacity;

C.    that amounts to manufacture of excisable goods or is chargeable as part of the value of goods to a duty in terms of the provisions of Central Excise Act, 1944;

The above amended definition is preferable since the proposed definition states that service means ‘anything’. The word ‘anything’ does not convey any meaning. No statute defines the charging provision to be ‘anything’. There needs to be a certainty to what is proposed to be taxed. Anything conveys vagueness rather than certainty or definitiveness. Further, generally the term ‘thing’ is used for tangible products like book, CD, etc. However, a lecture delivered by a professor or song performed by a singer (some examples of services) cannot be said to be ‘things’ in general parlance. Therefore, in trying to define service as ‘anything’, the soul of service is missed out.

6.0 In addition to the negative list of services, another list of services eligible for zero rating should also be introduced
The concept paper includes a negative list of services. However, it does not include services which should be zero- rated. It is therefore important that another list consisting of zero-rated services (i.e. services which are not liable for tax on the output but at the same time eligible for input credit) should be included. The said list should include exports and supplies to SEZ units and developers.

68th Annual General Meeting on 6th July 2017

The 68th Annual General
Meeting of the Society was held at the Garware Club, Churchgate, Mumbai on
Thursday, 6th July 2017.

CA. Chetan Shah, President of the
Society, took the Chair. Since the required quorum was present, he called the
meeting in order. All businesses as per the agenda given in the notice were
conducted, including adoption of accounts and appointment of auditors.

Mr. Suhas Paranjpe, Treasurer
announced the results of the election of the President, Vice President, two
Secretaries, Treasurer and eight members of the Managing Committee for the year
2017-18. The names of members as elected unopposed for the year 2017-18 were
announced. He also announced the names of the co-opted members for the year
2017-18.

 

Later, the “Jal Erach Dastur
Awards” for best feature and best article appearing in BCAS Journal during
2016-17 were announced. The winners were: Dr. Anup P. Shah for the best
feature, and CA. Gautam Nayak/ CA. Pradip N. Kapasi for best article.

The Special GST issue of the
Journal of July 2017 exclusively on “GST Features” and BCAS Publication Audit
Checklist- 7th Enlarged Edition-July, 2017 were released at the
hands of Hon’ble Minister of State (IC) for Power & Renewable Energy Mr
Piyush Goyal at the 69th Foundation day of the Society celebrated after the
Annual General Meeting of the Society.

At the end, guests including Past
Presidents of BCAS were invited on the dais to share their views and
experiences about the Society.

Outgoing President’s Speech

My colleagues on the dais, Past
Presidents, Ladies and Gentlemen, Good
Evening members!

This is Spencer West.

There aren’t many people in the
world like him. At the age of five, he tragically lost both his legs. But the
Canadian-born 31-year-old defied all the odds and climbed Mt. Kilimanjaro! This
is a story of determination, courage, focus, perseverance and hard work. A
story of months of intensive training to overcome extreme physical pressure.

 

What caught my eye is the message
on his T-Shirt – “Redefine Possible.” At BCAS, as we gather here on our
Founding Day, I believe we too have lived this motto. As a group of dedicated
volunteers, driven by a vision, have travelled a long way to reach this …
Founding Day. So many people here, including my colleagues on the Dias, have
overcome situations when we were up against the wall and we persevered, when
there were moments of frustration and we showed temperance, things often seem
to take longer than they should have but we firmly stayed the course. So many
have given their personal and family time and made these years and particularly
the last one year fruitful for members. As I stand here on my last day as the
President I can say that as we surmount we now have the confidence to DREAM
BIGGER!

Having said that I would like to
walk you through “The News this Year,” and to make it a little more
interesting I am going to give it a sports flavor.

So,
let’s start at the beginning of the 67th Annual General Meeting in July last
year…when I was handed OVER the torch, I chose to adopt a theme which was close
to my heart to be our guiding light for the year ahead. The theme was “Today’s
Vision, Tomorrow’s Reality.” The wisdom contained in these four words were
influenced by the famous twentieth-century poet, painter and philosopher Khalil
Gibran. He said, “We are not limited by our abilities, but by our vision.” And
I realized that we need to focus on developing a powerful, telescopic vision at
BCAS, rather than merely looking at our combined abilities.

To best understand how we
proceeded with the task ahead, let us look at the athlete who throws the
javelin. After scanning the vast sky above and the distant horizon, he throws
the javelin with all his arm and body muscles working seamlessly.

At BCAS, we embarked on the task
of discovering where we want to go…and identifying what route should we take to
get there. We met on many occasions in managing committee, other core
committees and with past torch bearers to draw up a suitable game plan. In the
process of planning, we gauged several untapped potentials and even pinpointed
any possible pitfalls. Some of the key points that emerged at this stage were:

•    Harness technology to enhance
access to BCAS

•    Explore new opportunities for
members to learn

•    Consolidate presence on
national front

•    Organize programs at the
doorsteps of  outstation members

•    Engage with related bodies to
multiply reach

•    Encourage and Empower students
to be future leaders and

•    Make crisp and effective
representations to ensure our voice is heard in the decision makers’ corridors.

With these findings, we moved to
the next phase where we gained insights from the world of basketball. We needed
to proceed ahead dodging several obstacles such as other commitments and
numerous time constraints. We also practiced more teamwork as we ‘passed’ the
assignment at hand to other members who were also better ‘positioned’ to take
it ahead. At this stage, we learned how to seize opportunities and move towards
implementation of the plans by getting logistics in place.

We
were now perfectly poised to take the LEAP (high jump) … SPRINT AHEAD (100
meters)…or take the PLUNGE (swimming)! And that’s what we did, moving swiftly
from one program to another is quick succession with high-quality deliverables.
And as you will shortly see they were all gold performances…and some more
golden!
Now let’s take a look at the
winners in no particular order!

Quantum Leap – Technology Edge

BCAS
took a quantum leap akin to long jump into the digital arena which was an
enabler to provide easy access to all members. Live streaming technology for
live webcast and posting of our programs on YouTube channel has been a boon to
our outstation and distant suburb members to view at their convenience.
Facebook and LinkedIn are increasingly used as a face of the  society for important updates. Payments can
be made online and our website has been revamped. An e-learning portal will be
launched shortly to extend training beyond geographic and time boundaries.

Hitting Bulls’ Eye – Experts
Chat

The
target questions by the moderators were pointed as in the game of Archery.
Experts Chat was a new game at the Society but Panelists, were veterans in
their knowledge reservoir, which was evidenced in their profound replies and it
developed into an excellent knowledge sharing platform. Six Experts Chat
sessions held this year command equal marks as they all drew increasing
attendance and viewership.

BCAS RRCs – Each RRC is like
20-20 Cricket Tournament where you learn so many subjects in a short span of
time.

The T20 matches was played at
various locations domestic and international. The Seminar Committee played at
Jaipur where the fiftieth edition of the RRC, the flagship program of the
society was conducted. It drew a record 275 participants from across India. The
International Taxation Committee played at Sri Lanka. The first time at an
international location was the ITF Conference. The Indirect Tax committee
played it at Pune with more than 330 participants. The Accounting and Auditing
committee played IndAS RSC at Silvassa. The MPR Committee played the Youth RRC
at Alibaug jointly with ICAI.

Each game was individually very
well played by all committees

Union Budget Lecture – Marathon
Run

The
Marathon run this year too was led by Senior Advocate Shri S.E. Dastur who
continued to wow the crowds with his powerful presentation. His detailed
analysis of the “Direct Tax Provisions of the Finance Bill, 2017” was a
remarkable run witnessed by 3,000 avid listeners at the auditorium, while over
10,000 watched it live from across India.

Besides
the RRC being played at various locations we chose not to play football within
BCAS but jointly with various other related organisations. Many joint programs
were conducted with other organizations to reach out to a larger audience in
Mumbai. Forum of Free Enterprise, Chamber of Tax Consultants, AIFTP, Indo-
American, ISME…were some of the organizations we worked with on these programs.
The game brought in a lot of cohesiveness in the game of the profession.

The reach of the Olympics was far
and wide this year. Members at various locations invited us to conduct programs
for the benefit of locals. To be more inclusive, BCAS reached out to its
outstation members with programs in Ahmedabad, Kanpur, Indore, Aurangabad and
Kolkata. Medals were in the form of increased membership and enrolment for
RRCs.

The novel concept of Inter
Committee Cricket Tournament was executed with thorough excitement and fun this
year.

To improve skill sets of its
members the society took up new initiatives. These are akin to introducing new
games to the Olympics. CAMBA a dedicated CA-MBA Course jointly with ISME was
launched to sharpen management skills and call the shots at par with MBAs in
the Society.

A Coach acts as a guide for every
sportsman (Virat Kohli may be an exception), anyway in the true spirit
of sportsmanship we continued the Mentorship program. 

As
the Society succeeded in playing different games and enhanced its reach, it
created its visibility which made Organisations to join as FRIENDS of BCAS. A
new concept where various benefits are extended
to members.

Role in Governance

The interaction by profession with
the government is like a game of tennis. There is always a rally between the
players which is healthy for developing good governance

The society made 16
representations to various authorities…some were made jointly with other
organizations. IDS, ICDS, Rotation of Audit Firms and GST were some of the key
issues the society took up with the government.

Welcoming Students

Sprint
run by the Society was for the benefit of students. The run involved in
mentoring and motivating students and felicitating newly qualified CAs. The
final dash was 10th Jal Erach Dastur Students Annual Day where
talent bloomed at its best and brought together over 250 students.

BCAS disseminated knowledge to
students at the NM College and HR college.

Useful Publications

BCAS brought out a record number
of 17 publications this year. Referencer was the bestseller with over 5,000
copies. But the blockbuster is the BCAJ July special issue with a print run off
over 16,000 copies which will be 
released today. There are two e-publications in Flipbook format that are
free for the members.

Education at BCAS

BCAS imparted knowledge through 40
Lecture Meetings with a total participation of 9,084 people, 58
Seminars/Courses/Workshops with a total participation of 7,065 people and a
record 110 study circle/study group meetings with a total participation of
2,552. These figures exclude thousands who have seen the videos online. This
enabled to add 943 new members and our social media presence augmented. More
statistics are in the Annual Report.

On attending many of these
meetings was itself a learning curve for me. But the Flip side is that by
attending so many meetings I have formed a habit of eating chocolates and
sweets sitting behind the desk.

BCAS Foundation

The
BCAS Foundation is the philanthropic expression of the society. Thank you,
members, for your large heartedness which enabled BCAS to collect more than Rs.
20 lakhs for the noble cause of improving pediatric cancer care to Tata
Memorial Hospital! With their generosity, we could contribute to the wellbeing
of 120 children suffering from this dreaded disease. However, we cannot rest on
the past laurels, and there is a lot we can do for such cause. I again exhort
all my fellow professionals to come forward and contribute each one’s might to
such a noble cause.

I now pass the baton to Narayan
Pasari, the new President of BCAS and the new core group members and office
bearers.  I will definitely continue to
stand and cheer for Team BCAS, in fact run along as we keep raising the bar and
setting new records.

It is time to say a big thank you to the entire
team that has worked so tirelessly and painstakingly to make this year’s
performance so eventful and if I might add…successful too!

Let me begin this ode of gratitude
by expressing my sincere thanks to the Past Presidents a few of whom were at
the helm of our nine sub committees. Their invaluable insights and vast reservoir
of experience are what keeps driving the committees to push the limits…and
excel. As Chairmen and Co Chairmen of the sub committees they have been a
beacon of inspiration, enabling the committees to grapple with many challenges;
and win!

Let us have a round of
applause for our hardworking though silent Chairmen and their amazing teams.

Next, I must thank my Managing Committee and the
Office Bearers who have diligently shared vital expertise and invested long
hours in planning and facilitating the smooth flow of programs and events of
the society. With all my heart, I thank ……

Narayan who has an eagle’s
eye for details that compliments his exemplary admin skills in ensuring our
numerous programs run flawlessly.

Sunil has demonstrated
credentials in the sphere of IT besides GST and has played a pivotal role in
the Society’s IT initiatives, particularly now he is engaged in the launching
of e-learning platform.

Suhas who as Joint
Secretary willingly devoted his time and eagerly participated with many
innovative suggestions.

Manish who as treasurer,
kept an eye on the numbers and helped all of us to stay in balance and
perspective.

Please join me in thanking them
with a round of applause.

Then
there is the incredible BCAS Team comprised of Jyoti Malkani who was with us
until April as GM; Shreya, Javed, Upendra, Nikhil, Rathi, Kamaljeet, Bilal,
Reema, Sachin, Baboo, Harish, Prakash, Mamta, Rajaram, yes, the entire team and
not to forget my office boys. A big thank you for your unfailing and unstinted
support in keeping the wheels of BCAS turning smoothly.

Last but not the least, I would like to thank all
my partners and my firm for backing me in my journey especially Abhay, whose
abundant wisdom and good judgment helped me to chart new routes in the face of
obstacles. And how I can forget to thank my wife for bearing my early exit and
late entry to our abode, but she was adequately cautioned by the PPs…

And
special thanks to all the conveners, coordinators, contributors, speakers, our
publishers Finesse and Spenta, sister organisations and asociations and well-wishers
who have together made BCAS shine bright this year too.

It
would be most inappropriate for me to end this speech by saying goodbye…because
goodbye sounds so final, almost like closing a door…or escaping to some remote
place never to see each other again. Instead, I would like to say Fare Well,
not as in one word, but as two words – Fare Well! Because I believe the road
for BCAS stretches a long way ahead…Yes, there will be bumps and curves to
navigate, but more importantly, there will be many milestones to cross and many
mountains to conquer. And so, to everyone at BCAS, starting with President
Narayan, the Chairmen & the managing committees and members, I wish you all
a heartfelt Fare Well!

Thank
You!

Incoming
President’s Speech

 

My President Chetan, Vice
President Sunil, Joint Secretaries Manish and Abhay, Treasurer Suhas, Respected
Past Presidents present and in absentia, Members of the Managing Committee,
Core Group Members and my dear friends

Let me start my innings by
remembering my father Late CA. R. G. Pasari whom I lost 5 years ago. He would
have been a really happy man today as he always pushed me into the BCAS
activities. This was because he had worked with the likes of S. P. Mehtaji, B.
L. Kabraji and others who always had the highest respect for BCAS. He also read
the BCA Journal regularly till his demise.

I recognize the presence of my
mother Smt. Parvati Devi who is the source of my strength after my father and
also other members of my family.

To reach at this prestigious
position, I also thank my principal Late CA. Mangalbhai Vatsaraj under whom I
completed my articleship, CA Pravinbhai Dharia 
(our auditor) and CA. B. L. Sardaji under whom I also took training post
my articles. Thanks is also due to the firms and the partners with whom I
worked during the last 2 and half decades. 

As far as BCAS is concerned, a
small peep into my journey so far would be in order today. I became a LIFE
MEMBER in 1990 and started participating in the activities thanks to two of our
Past Presidents CA Harish Motiwalla and CA Pradip Thanawala. I was inducted
into the Core Group of the Society in 1994-95 
and became a Committee Member in the Seminar Committee. I was appointed
a Convenor of this Committee in 1996-97 for the first time and have been an
integral part of this Committee for a fairly long time till I became a Office
Bearer under CA. Nitin Shingala. I served CA. Raman Jokhakar and CA. Chetan
Shah also during their Presidentship.
 

Before
I leap into the future with some of the many plans I have chalked out, I would
like to take time out to thank Chetan for his sincere and dedicated service as
President during the past year. It has been a tremendous learning experience
for me as I learnt not to get fettered or limited by a lack of experience or
ability. Instead Chetan always encouraged us all to think beyond and allow
vision to be the defining force in all our endeavors. In supporting Chetan over
the last many months I got invaluable exposure to multi-tasking and problem
solving.

So once again, let me welcome
and thank you all for coming here in such large numbers, and giving me this
opportunity to serve you as the 69th President of the BCAS.

We
are living in exciting times with considerable change happening both in India
and in the global arena. And these numerous changes provide an array of
challenges and incredible growth opportunities for all of us.

In
analyzing the Indian population we find it is comprised largely of young people
who are getting more and more literate and educated. They are also earning a
lot more than in earlier years and have greater disposable incomes. Their
buying power and consumption are playing a vital role in stimulating the
markets and growing the economy.

The Indian economy has defied many hurdles to cross
growth of over 7%. Stock exchanges have registered soaring indices and high
volumes of trading activity. Foreign Direct Investment is pouring in…in fact we
are the number one destination for FDI in the world, beating both United States
and China. Confidence in India’s economy is surging, thanks to the numerous
programs and reforms undertaken by the NDA Government with Prime Minister
Narendra Modi as its driving force.

Keeping pace with the phenomenal growth in the
Indian market are the vast array of services and products. And to ensure a
level playing field that’s fair and free, Indian companies have several new
laws and compliances to meet translating into enhanced business for all of us.
Globalization too is another stepping stone for all Indian companies keen on
getting more lucrative returns and a package of benefits. Here again as volumes
and diversity of exports grow, we have vast potential to harness greater
business.

As President, I have given myself
the task and responsibility of facilitating BCAS’ growth. I believe that if all
of us put an arm to the wheel, we can make BCAS a society that’s will be far
more recognized and respected within our profession and in financial circles.

Keeping this in perspective, I
have drawn up a plan that focuses on “Building Bridges”.

A bridge is a structure that is
built over an obstacle to provide connectivity. And building bridges is the
underlying theme of how I plan, with all of you, to take BCAS ahead!

Bridges connect us and help us to
understand each other’s challenges… they also enable us to figure out how we
can help each other and show that we appreciate one another. Building bridges
also helps to prevent isolation. Because isolation can breed prejudice,
misunderstanding, mistrust; and impede effectiveness of working together.

I propose four main bridges
and hope you will help me in building them and BCAS!

1. TRANSFORMATION

High on my list of priorities is
task of increasing the resources of BCAS and growing the membership list. I
believe the Society needs to be more visible in order to attract more members.
On the resources front too, we have to look at all possibilities of
capitalizing on the reputation and goodwill we already have. There is plenty of
knowledge and expertise within, which I think can be leveraged to enhance the
image of BCAS. With the shrinking of the world to a global village we need to
explore options to benefit from this trend.

Let’s move to a sincere wish I
have!

2. YUVA SHAKTI

The youth! They are our future and
they can be the catalyst of evolution in our Society. I look forward to
encouraging new blood to take up key roles. And to ensure that happens I would
like to implement special incentive schemes to get more youth to join BCAS.
Having done that I would also like to ensure they get more opportunities and
platforms to express their ideas and vision. Recently, I heard about the
concept of “Shadow Committees” and I would like to set up Yuva Shadow
Committees. These groups of young minds will think aloud fresh ideas and approaches
on the same challenges faced by the managing committee…and I hope it will lead
to some positive change. 

3. DIGITIZATION

Digitization is not a fad or a passing trend that
some companies or individuals flaunt. Digitization is essential…it has become the
need of the hour! With digitization we will be better empowered to manage our
resources and conduct our business. I look forward to digitizing as much as I
can of BCAS’ operations and resources. A good start has already been made in
this direction and I would like to add momentum to the entire process. In
addition to being able to disseminate knowledge, we would be able to translate
information into action more effectively.

Finally I
would like to tackle a relatively ignored activity of our Society…

4.
NETWORKING

Networking
is a mantra that is much advocated by many of the management gurus. At BCAS, I
feel we should work harder in this area. Be it the government, corporate or
fraternity level, we need to step up our efforts. I hope we will be able to
take some giant strides in this area by organizing some events to reflect the
“Start Up India and Digital India” initiatives undertaken by the government. We
could even re-look at some of events and tweak the format to include moments of
interaction and networking. Using our digitized resources and media, we could
reach out to a wider audience and serve the members better. BCAS could provide
more platforms in the form of events for networking among accounting firms.
Networking Power Summit is one format which could be organized more frequently
or modified to pave the way for greater networking.

These
are just some of my ideas that I have put together to set the ball rolling.
While I and my colleagues remain open to various suggestions and infact welcome
it, I would like to call upon each one of you to join us in this process of
transformation
of society to the needs of the present times by
mobilizing the power of yuva-shakti & digitization to build
bridges for expansion by creating robust networks.  I am sure I will continue to receive the same
love and affection from you in this very important journey of life.

Thank
You

Society News

Human Development Study Circle Meeting on
“Business Environment in India – Evolution, Opportunities, Challenges” held on
10th January, 2017

Human Development and Technology Initiatives Committee  (HDTI) of BCAS conducted a Human Development
Study Circle Meeting on “Business Environment in India – Evolution,
Opportunities, and Challenges” on 10th January, 2017 at BCAS
Conference Hall. 

Dr. Anil Naik, a Management Consultant, MBA from IIM Calcutta
and winner of many prestigious awards, having wide experience in Industry and
also visiting faculty at top Management Institutes in India and Abroad, gave
the presentation and covered the following topics- .

1.  Evolution of Business Environment in India
since 1991.

2.  Challenges of the Indian businesses to be seen
for :

• Family Owned & Family Managed Businesses

• Family Owned Professionally Managed Businesses

• Corporate Sector consisting of Indian
Companies, Foreign Companies operating in India and Collaborations of Indian
& Foreign Companies.

3.  He also cited the examples of companies
operating in India like Tata Motors, Kodak, Shapoorji Pallonji, Ballarpur
Industries and Kirloskar, etc.

The major basic issues discussed were:

·        
Major changes in Transportation Industry and
many others.

·        
Factors for success i.e. Adaptability to new
technology, Personality Skills, Pursuing Aspirations etc.

·     Stark realities of dynamic environment – No more
secrets, security is uncertain, Allegiance, Time is short – we need to run fast
to take up right opportunities at right time at great speed, Order of today’s
time is not clear – international business, supremacy of product plays vital
role.

·    India has 16 cultures. Cultural Differences.
Internal Culture of the organisation matters. Asian culture v Globalised
scenario. Adopting right mix of culture is challenge of today’s times.

·        
Business environment is Dynamic, turbulent and
unstable. How to become flexible. Opportunities for organic flexibility,
adaptability, innovation, accepting change and uncertainty are natural state of
things in the current environment.

·        
Ensure that institutions have capacity to serve.
Employees’ skills, motivation and capabilities play an important role.

Inescapable reality of new economy – 1) Seek and create
breakthrough changes. 2) Outsiders see it first 3) Right balance between
incremental improvement and radical innovation 3) Shortage of resources is not
necessarily serious, but shortage of imagination is certainly fatal 4) Nothing
lasts forever under its original momentum 5) Success contains the seed of its
own destruction 6) Primary challenge of leadership today is to create adaptive
organisation which has a built in capability to renew itself over and over
again.

The meeting was very fruitful and the participants benefitted
a lot from the Speaker’s rich experience.

Workshop on Merger & Acquisition held on 27th & 28th
January 2017

Corporate & Allied Laws Committee [‘C&ALC’] organised
a two days’ Workshop on Mergers & Acquisition at Hotel St. Regis, Lower
Parel, Mumbai. The event received an overwhelming response.

86 participants attended the workshop out of which almost 30
participants were from industry. Further, around 32 were outstation
Participants from cities like Ahmedabad, Vadodara, Hyderabad, Chennai and
Nagpur.

CA. Chetan Shah, President, welcomed the participants. CA.
Kanu S. Chokshi, Chairman of C&ALC gave a brief idea on the necessity of
such programme.

The Workshop was inaugurated by Dr. Lalit Kanodia, Chairman,
Datamatics Group. Eminent faculties addressed the participants on the relevant
topics along with their presentations. A 
booklet of the presentations made by various speakers at the workshop was
provided to the participants.  The event
was conceptualised by CA. Naushad Panjwani, Past President of BCAS, with the
help of Dr. Anup Shah. CA. Naushad Panjwani also shared his thoughts on certain
mergers at the said workshop. Advocate Praveen Veera chaired the session on
‘Stamp duty’ and CA. Shrenik Baid shared the dais along with CA. Kanu S.
Chokshi during the session on ‘Accounting Implications’.

The sessions of the said workshop on Merger & Acquisition
are summarised below:

Session I: Keynote Address – “Key negotiating
techniques used by buyers and sellers in a Merger & Acquisition
transaction” by Dr.Lalit Kanodia – Chairman, Datamatics Group
.

Dr. Lalit Kanodia

He inaugurated the workshop and shared his practical
experiences in Merger and acquisition.

Session II: Alternative Disputes Resolution in
Merger & Acquisition by CA. Suresh Kotak –Chairman, Kotak Group.


CA. Suresh Kotak

He addressed the participants.& talked about steps taken
in area of ADR

Session III: Stamp Duty by Dr. Anup Shah, CA.
Pravin P. Shah & Co.

 

CA. Anup P. Shah

He covered various implications of  stamp duty under different modes of mergers
& acquisition. He also analysed stamp duty on CD, Debentures, Gift etc.

Session IV: Companies Act & Bankruptcy Law by
Adv. Sharad Abhyankar – Sr. Partner, Khaitan & Co.
 

Adv. Sharad Abhyankar

He analysed
transaction charges, some of the procedural aspects and gave a mapping in
Merger & Acquisition. He also gave an overview of Insolvency and bankruptcy
code in relation to Merger & Acquisition.

Session V: SEBI Takeover Regulations by Adv. Akil Hirani –
Managing Partner, Majumdar & Co.


Adv. Akil Hirani

He took the participants through takeover code and insider
trading regulations with respect to, an open offer, in case of Merger &
Acquisition.

Session VI: Legal Due Diligence by Adv. Tushar Ajinkya.

Adv.Tushar Ajinkya

He highlighted the Due Diligence aspects with the typical
structure requirement, key areas to be checked, IPR and litigation issues.

Session VII: Financial due Diligence by CA. Rajesh
Khairajani – KNAV.


CA. Rajesh Khairajani

He touched upon various facets of financial due diligence on
both, buyer and seller side, inter alia, emphasising upon physical verification
of assets in  Merger & Acquisition
deal.

Session VIII: FEMA & Cross Border by CA. T. P. Ostwal,
T. P. Ostwal & Associates.


CA.T. P. Ostwal

He explained salient
features of various treaties of India & Mauritius /Cyprus/Switzerland; and
choice of jurisdiction. He also took 
participants through Automatic route vis-à-vis Approval route;

Session IX: Strategy & Value Creation by
Mr. Sudhir Valia – Executive Director, Sun Pharma.


Mr. Sudhir Valia

He shared his rich experience  in guiding participants as to how to proceed
for Merger & Acquisition.

Session X: Income Tax-Domestic/ International (in case of
cross border) by
CA. Hiten Kotak & CA. Falguni Shah.


CA. Hiten Kotak


CA. Falguni Shah

The speakers explained the funding structures – Key
consideration, recapitalisation and repatriation and indirect transfer and tax
thereon with practical examples.

Session XI: Accounting
Implications by CA. Himanshu Kishnadwala, CNK & Associates.


CA. Himanshu Kishnadwala

He gave an overview of provisions relating to M & A
contained in Companies Act 2013 and SEBI Regulations. He also dealt with the
applicability of Accounting Standard and Ind AS to Merger & Acquisition and
explained Accounting in Merger & Acquisition with an illustration.

Session XII: A typical Merger & Acquisition
process by CA. Sridhar Swamy
.

CA. Sridhar Swamy

He explained the nitty-gritty of the Merger & Acquisition
process including identification and understanding buyer, process documents and
presentation to the Management. He also briefly explained legal documentation
in Merger & Acquisition.

Session XIII: Post Merger Integration by CA. Mitil
Chokshi.


CA. Mitil Chokshi

He drew attention of the participants to the difficulties
faced in integration Post Merger, some of the important factors peculiar to
each industry which could result in a possible threat to success of a Merger
& Acquisition deal. He also shared his experience regarding solution on
some of difficulties in Merger & Acquisition deals handled by him.

CA. Manish Reshamawala, Convener, with his untiring efforts
coordinated the programme with the support of CA. Preeti Oza, Convener. The
participants benefitted from the rich experience of the Speakers.

Experts chat @ bcas on “Internal audit 2017: global trends
and outlook” held on 30th January, 2017

An experts chat on “Internal Audit: Global Trends and
Outlook” was held at the BCAS Conference Hall on 30th January, 2017.

The program commenced with the signing of a Memorandum of
Understanding (MOU) between BCAS and the Institute of Internal Auditors –
Bombay Chapter (IIABC). This MOU will enable BCAS and IIABC to jointly
collaborate and develop mutually beneficial programs in the field of internal
audit, projects and activities for its members in the field of internal audit,
as well as to offer members of both parties to attend programs of each other.

President CA. Chetan Shah,
on behalf of BCAS and President CA. Sunil Gaitonde, on behalf of the Institute
of Internal Auditors – Bombay Chapter (IIABC) did the honours.

President CA. Chetan Shah then welcomed Mr. Richard F.
Chambers, the President and Chief Executive Officer of The Institute of
Internal Auditors (IIA), the global professional association and
standard-setting body for internal auditors. The IIA serves more than 1, 85,000
members in over 170 countries and territories and is the internal audit
profession’s most widely recognised advocate, educator, and provider of
standards, guidance, and certifications.

L to R : Mr. Richard F. Chambers in the fireside chat with CA. Nandita Parekh

Mr. Chambers made a detailed presentation on the emerging
trends in internal audit, more particularly, the reporting structure, critical
focus areas, need to understand the audit culture of the organisation,
cyberspace audit, audit of big data. His talk was generously interspersed with
interesting statistics and results of survey done by Internal Audit Foundation,
across various continents and organisations.

Mr. Chambers shared a list of five strategies for every
internal auditor to equip himself with:

·        
Respond to the voice of the customer

·        
Strive for agility

·        
Transform your talents

·        
Revolutionise your processes

·        
Elevate your image’

Mr. Chambers’ presentation was followed by an engaging
fireside chat, which was moderated by CA Nandita Parekh, a senior member of the
Core group with expertise in the area of internal audit.

Mr. Chambers candidly answered questions on matters including
how to earn a seat at the (management) table, need for an internal auditor to
adjust the sails (i.e. the audit scope) to steer through the external and
internal changes, etc.

Questions posed by participants were also answered by Mr.
Chambers.  

The event witnessed an impressive turnout and was also
available for viewing through live streaming. The live streaming facility was
made available to members of IIA and IIABC.

“Public Lecture Meeting on Direct Tax Provisions of the
Finance Bill 2017” held on 7th February, 2017

The 52nd Lecture Meeting of the Society on the
Direct Tax Provisions of the Finance Bill 2017 by Senior Advocate Shri S.E.
Dastur was held at Yogi Sabhagruha, Dadar. This was 29th consecutive
year of address by Shri. S. E. Dastur.

Mr. S. E. Dastur (Speaker)

The lecture meeting was streamed live and was witnessed by
more than 15,000 persons including online viewers. President CA. Chetan Shah
welcomed and introduced the speaker Shri S. E. Dastur citing that his
intellectual charm is what makes this session special. He Shah also touched
upon the concept of liberalisation and digital revolution.

Shri Dastur started his speech by detailing the memories of
the previous budgets since 1948-49. He talked about the Finance Minister’s
speech having laid emphasis on the digital economy. He discussed the various
new insertions in areas of capital gains, changes in assessment and
reassessment procedures. He also explained the concept of primary and secondary
adjustment under transfer pricing.

After covering all significant provisions the eminent speaker
dealt with other amendments. He also covered provisions under the Companies Act
and Accounting Standards, the taxability of carbon credits. He commented on the
amendments to the Search provisions under section 132.

The audience was spell bound by his speech. His lucid
analysis of the provisions benefitted all those who witnessed his presentation.
The meeting ended with a huge round of applause and appreciation by the
participants.

FEMA Study Circle Meeting held on 8th February,
2017

FEMA Study Circle Meeting was held on the topic of
“Investment by Foreign Venture Capital Investor (FVCI) and in Real Estate
Investment Trust (REIT)” on 8th February, 2017 at BCAS Conference
Hall. The meeting was chaired by CA Shabbir Motorwala and led by CA Amit Dhoot,
CA. Monica Wadhwa and CA. Rashmi Shetty. It was great to have such
knowledgeable bench of leaders.

The speakers took participants not only through important
FEMA provisions applicable to Investment by FVCI and REIT but also issues
related to structuring, SEBI registration, important conditions etc.
which gave participants a 360 degree perspective of the subject. They also
explained the advantage of FVCI over FDI.

For investment in REIT, the speaker explained the challenges
why REIT is not yet picking up pace in India and how can India learn from other
countries.

The chairman shared his practical experience which was an
icing on the cake!

CPR workshop with medical camp held on 11th February, 2017

CPR (Cardio Pulmonary Resuscitation) training workshop with
medical camp was held jointly with Asian Heart Institute ( which stood as the
‘India’s Best Private Cardiac Hospital’ for two years in a row) on 11th
February, 2017 at BCAS conference Hall. Around 65 participants including members
and their families availed benefit of the workshop. The medical camp covered
the health checkup for random blood sugar, blood pressure, ECG and consultation
by doctor from Asian Heart Institute.


Participants in the CPR Workshop

The doctors conducted CPR workshop for the participants
enrolled and provided practical training for CPR in case of medical emergency
arising out of cardiac arrest which was very useful for understanding the
subject.

The doctors involved in the workshop were experts in their
field which helped in conducting the workshop successfully.

Report on Three Days 7th Residential Study Course
(RSC) on IndAS held on 16th -18th February, 2017

IndAS is being implemented in India in phases. FY 2016-17 is
the first year of applicability for phase I companies with comparatives for FY
2015-16. Several challenges are being faced by companies in this implementation
effort, more particularly on fair value, financial instruments, business
combinations and so on.

BCAS has always been in the forefront to assist professionals
to face challenges and be equip them to implement such changes. The 7th
BCAS IndAS Residential Study Course was planned by the Accounting and Auditing
Committee to address the implementation challenges being faced as well as to
impart knowledge of implementing IndAS to the professionals to have a smooth
transition for the corporate sector.

The RSC was organised from 16th to 18th
February, 2017 at Ras Resorts, Silvassa. This year’s RSC was structured with
three sessions based on case studies prepared by three eminent professionals
covering different aspects of IndAS implementation. These case studies based
papers involved group discussions through three groups formed amongst the
participants, led by knowledgeable group leaders. There were two more papers
for presentation by eminent faculty which were on other accounting standards
applicable to corporate and non-corporate entities viz. Accounting Standards
for non-IndAS companies and ICDS vs. IndAS. Another unique feature of this
year’s RSC was a Panel Discussion on Ind AS 109 – Financial Instruments –
Implementation Issues.

Immediately after the reporting of the delegates in the
morning, there was a group discussion on the first paper by CA. Arvind Daga on
“Case Studies on Business Combinations/Consolidation”. The case studies were
highlighting the various complexities involved in carrying out accounting for
business combinations and consolidation as well as the evaluation of the
relevant consolidation standard in specific circumstances.

CA. Arvind Daga

Later, post lunch, there was the inaugural session. The
session commenced with the inaugural address by the President of BCAS, CA.
Chetan Shah. He conveyed his satisfaction about the response received to the
course from all over India and was particularly happy to have a strong
participation from industry. Later, 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 as well as
presentation and panel discussion.

CA. Paresh Clerk

Immediately after the inaugural session, there was the
presentation on the first paper by CA. Arvind Daga, who aptly dealt with the
case studies and also covered the issues raised during the group discussion in
very immaculate manner. Thereafter, CA. Paresh Clerk took the participants
through a Presentation paper on “Accounting Standards for Non-IndAS Companies”,
where he dealt with the major changes in some of the standards to bring them
ont par with IndAS for recognition and measurement.

CA. Anand Subramanian

Second day started with group discussion on paper by  CA. Anand Subramanian on “Case Studies on
Real Estate/Infrastructure Companies”. The case studies highlighted the
intricate issues arising from Service Concession Arrangements as well as
Construction Contracts which is of utmost importance for recognition of revenue
for such companies. Later, he, made a presentation on his paper and shared his
vast experience, which was of immense value to the participants.


CA. Sudhir Soni

Post lunch there was group discussion on paper by CA. Sudhir
Soni on “Case Studies on Revenue Recognition – Impact on Different Sectors”.
The case studies dealt with typical situations in retail and pharma sectors and
also some other related issues.

During the evening at the request of BCAS, the newly elected
President of ICAI, CA. Nilesh Vikamsey addressed the participants’ through
skype, as,  though he would have wished
to, time constraints did not make it feasible for him to be physically present.
The three way Skype call wherein CA. Nilesh Vikamsey, President of BCAS CA.
Chetan Shah and the participants participated live was the first such effort by
BCAS. CA. Chetan Shah welcomed CA. Nilesh Vikamsey and CA. Himanshu Kishnadwala
also updated him about the conference. Later, CA. Nilesh Vikamsey addressed the
participants and briefed them about some IndAS implementation issues and how
ICAI is addressing them.

He also updated the participants regarding the efforts of
ICAI to be partners in nation building and also commended BCAS for its
activities which are complementing the efforts of ICAI towards the profession.

In the evening, there was a brief and crisp presentation on
the case studies by CA. Sudhir Soni which also provided expert insights to the
case studies.


CA. Gautam B. Doshi

Last day commenced with a Presentation on “ICDS Vs IndAS” by
CA. Gautam Doshi. In his immaculate style he provided bird’s eye view of the
major differences between ICDS and IndAS. Though not included in the original
schedule, at the request of the organisers, he also dealt with the impact of
MAT on IndAS financials on the basis of the proposed amendments to Income Tax
Act as per Budget 2017 for corporate preparing IndAS financials for the FY
2016-17.

Last session was a unique one, introduced for the first time
in IndAS RSC, which was Panel discussion on “IndAS 109- Financial Instruments –
Implementation Issues”. The panelists were CA. Gautam Doshi and CA. Charanjit
Attra. The discussion was ably moderated by Ashutosh Pednekar. The session was
appreciated by many participants as the posers which were discussed were very
relevant for banking, finance as well as insurance companies.

The concluding session was presided over by CA. Himanshu
Kishnadwala and he acknowledged contribution of the faculty as well as active
participation of all for the success of the RSC. Some of the participants gave
their views on the course and conveyed their satisfaction at the format and
structure of the course.

Interactive Session with Students for Success in CA Exams
held on 18th February, 2017

HDTI committee jointly with Rajasthan Vidhyarthi Gruh (RVG
Hostel) organised half day programme for students on 18th February
2017 at RVG Hostel, Andheri. Joint Secretary Sunil Gabhawalla welcomed the
participants.

 

L to R: CA. Sunil Gabhawalla, CA. Mukesh Trivedi and CA. Srinivas Joshi

In the first session, CA. Srinivas Joshi discussed about ICAI
Exams with the help of PowerPoint presentation, which included expectation from
students’ and their performance. Being past Central Council member of ICAI, and
having vast first-hand experience as a Member of Examination committee, he
shared in detail, information with insights as to how ICAI exams are conducted,
how confidentiality and professionalism is maintained, what quality and level
of knowledge is expected from students, balanced, consistent and 100 percent
advance study, writing habit, group discussion, problems solving, overcoming
and controlling time wasters, etc. were important guidance factors.

He also guided students on various important topics viz. how
to study, prepare, plan and manage time before the exams, how to actually write
papers, how to ensure success while writing papers and many other important
issues. Students received his presentation very well. Many doubts and incorrect
impressions were cleared.

Second session commenced with personal experience and tips
shared by three successful CAs. Piyush Lohia, Chinmay Dharap and Harshal Gupta
passing with 2nd, 5th and 34th rank
respectively in final exam of ICAI.

Young CA. Mudit Yadav, a success coach, TEDx speaker and a
motivator shared his personal journey from ordinary school and college career
to qualified CA effectively, with emotions and humour. He encouraged all students
to appear and prepare for CA exams with mindset, resolution and planning.

Convenor CA. Mukesh Trivedi proposed vote of thanks and CA.
Bharat Oza presented memento to the speaker.

Overwhelmingly satisfied and better guided, all Students
carried home clarity and insights with positive resolution to succeed in CA
exams.

About 70 students attended the programme.

BCAS joined hands as a knowledge partner with the Finance
and Investment Cell of Narsee Monjee College of Commerce and Economics for
their event “Insight Conclave 2017” held on the 18th & 19th
February 2017.

Insight Conclave 2017, NM College’s first ever business,
finance and economics meeting was held on 18th and 19th
of February 2017. Though it was the first year of the fest, it turned out to be
a huge success on account of its innovative events and outstanding speaker
sessions. BCAS joined hands as a knowledge partner for the Event.

The first day, 18th February, started with
Parliamentary Debate, which was based on the format of the Asian Parliamentary
Debate.This was followed by the main highlight of the day, THE PANEL
DISCUSSION, which was covered by CNBC Awaaz’s show “Pehla Kadam” and anchored
by the host of the show himself, Mr. Anil Singhvi, a CA himself. As the day
progressed, various events based on the lines of Finance and Business like
Moneyball, Newton’s Cradle, Empire and Corporate Restructuring took place.
Alongside, a special session in association with BCAS was organised which was
very well hosted by CA. Ameet Patel, Chairman of Taxation Committee at BCAS.
Apart from this there were eminent speakers from various fields. CA. Vaibhav
Manek talked upon the future of the profession.

The participants was really excited about the event ‘Coffee
with Luminary’, where Mr. Ambareesh Murty, founder and CEO of the online
furniture retail company, Pepper fry and Mr. Mahesh Murthy, the founder of
Pinstorm were invited. The most awaited event THE YOUTUBER’S WAY, had Mr. Sahil
Shah, member of the very famous East India Comedy that was a great end to the
day one of the event.

The second day was amazing, with exciting personalities and
series of Conclave along with brainstorming events awaiting the students. The
events targeted various sectors like the event Airwars which was based on the
pricing strategy of the airline sector. Other than this, an event named
Gaflawas also hosted where the participants had to defend themselves and their
company from the false allegations made against them.The Business Conclave had various
interesting and engrossing segments of which Pioneering Professions was one. It
saw speakers like Mr. Trishneet Arora, CEO of TAC Securities, Mr. Dhruv
Sitwala, two times Asian Billiards Champion and Mr. Neil D’Silva, the global
storyteller. Other segments had the speaker’s discussion on Disruption-is it
the new normal? which was conducted by Mr. Nayan Shah, founder Mayfair Housing
& Jitendra Gupta, founder Citrus Pay.

The day ended with a motivational speech by Ms.
Arunima Sinha, World’s First Amputee to climb Mt. Everest and has also climbed
the seven highest peaks. She described about her ill-fated train trip, the hell
that followed, why she decided to climb the Everest and how it is in the worst
tragedies that the human spirit learns to soar. It was a great motivation for
the students to learn about such life lessons from the heroine herself.

Golden Jubilee Residential Refresher Course Technical Sessions


A Report

Golden Jubilee Residential
Refresher Course (GJRRC) of Bombay Chartered Accountants’ Society (BCAS) was
held at ITC Rajputana Palace Hotel, Jaipur from 19th January 2017 to
22nd January 2017. In all, 278 members from 40 cities of India
participated to witness this Golden Event.

On the First day, CA. Chetan Shah, President BCAS
welcomed the participants of GJRRC. He introduced CA. Pinakin Desai,
Past President of BCAS who enriched many members with his profound knowledge
and has presented 28 papers in RRCs. He acknowledged the efforts of Seminar
Committee for raising number of participants from 225 to 270 to accommodate
maximum members. He highlighted the VISION of the Society to make optimum use
of technology and innovation to reach out to members across India. He also
informed that BCAS has been selected to impart training on GST with NACEN, as
an “Accredited Training Partner” to the Government of India.

CA. Uday Sathaye, Chairman Seminar Committee welcomed everybody and
explained the importance of RRCs. He compared RRC to a Guru. He acknowledged
contribution of Paper writers, Group Leaders and Members in making RRCs a
success and highlighted the relationship that has been developed over many
years particularly with participants from cities other than Mumbai. He
appreciated the response from outstation members which is increasing every
year. He also shared his thoughts about CA. Pinakin Desai’s contribution
in RRCs.

CA. Pinakin Desai, Past President of BCAS inaugurated
GJRRC. He mentioned that in the past, Group Discussion alone used to expose
what is happening around. Now the scenario has changed. There is a change in
subjects, method of Auditing and Complex Laws are in force. It has become a
necessity that professionals must be techno savvy. Tax department is tightening
the controls, resulting in the task of professionals becoming difficult.
Compliance of tax laws is becoming burdensome. He concluded with a clear
message that there is a need to be updated on every front in profession
including technology.

The first technical session was chaired by CA. Mayur
Nayak,
Past President of BCAS. CA. T. P. Ostwal answered issues
raised by members during Group Discussion on his paper titled Case Studies
on Recent Developments and Issues in Cross border Taxation.

In his inimitable style covering day to day issues in the
fields of Equalization Levy, Transfer Pricing, Indirect Transfers, Residential
Status, Place of Effective Management and Taxability of the Overseas Dividends
in the hands of the Indian shareholders, he dealt with the questions raised in
the case studies along with issues communicated by group leaders and provided
solutions to the problems.

On the Second day, 20th January, 2nd technical
session was chaired by CA. Raman Jokhakar, Past President of BCAS. CA.
Himanshu Kishnadwala
presented paper titled Ind-AS Implementation
Issues.

The speaker after initially giving a background on
applicability of IndAS in India and carve-outs from IFRS, dealt with some
issues on IndAS implementation faced by Phase I companies. He also covered the
notification issued by MCA for companies not covered under IndAS and who need
to follow the ‘upgraded’ standards from 1st April 2016 onwards.

The Third technical session was chaired by CA. Ashok
Dhere,
Past President of BCAS. CA. Pinakin Desai answered issues
raised by members during Group Discussion on his paper titled Significant
Recent Controversies/Developments under the Income Tax Act – Case Studies.

The paper writer in his inimitable style explained the
various nuances in interpretation of tax laws. The case studies were extremely
relevant in everyday practice, and the presentation was extremely useful to all
the participants. In all, the paper as well as the lucid explanations of the
paper writer, was a rich and rewarding experience for the delegates.

In the evening, all participants visited Chokhi Dhani, a
theme village resort in the outskirts of Jaipur city.Everybody enjoyed the
activities in Chokhi Dhani followed by sumptuous and tasty Rajasthani dinner.
It was really a memorable evening.

On the Third day, 21st January, the fourth
technical session was chaired by CA. Govind Goyal, Past President of
BCAS. CA. Madhukar Hiregange presented paper titled Role &
Responsibilities of CAs in GST Regime.

He enlightened the participants on the opportunities
available to the chartered accountants in the pre and post implementation of
GST, in the fields like Operational Consultancy, Network Support and
Infrastructure, Accounting, Compliance, Transitional Support including
Audits/Assurance areas. He felt that Chartered Accountants are in a better
position to assess the impact of GST on their clients. He enlightened the
members as regards various efforts and initiatives taken by ICAI by
contributing in the law making process. He said this is a Golden Opportunity
for professionals by tracking development at Industry level and creating
awareness by advising their clients.

The Fifth technical session was chaired by CA. Anil Sathe,
Past President of BCAS. CA. Saurabh Soparkar answered issues raised by
members during Group Discussion on his paper titled Re-opening and Revision
of Assessments.

The learned speaker, through various case studies, explained
that while the assessment was a concept that was not new to tax practitioners,
it had attained significant importance in the last decade. He mentioned that
earlier, assessments were the norm and reassessments were an exception. However
in the recent past, the Income tax Department embarked on reassessments in a
large number of cases, either on account of the scrutiny being inadequate at
the time of assessment or on account of receipt of information,
post-assessment. Judicial forums, particularly the high Courts and the apex
court, looked at reassessments very seriously and unless the threshold
conditions were satisfied, did not permit the Department to have a second
innings. The Speaker mesmerised the audience with his command over the subject.
His analysis of the various judicial pronouncements was also extremely useful.

Golden Jubilee Function

On 21st evening, everyone was waiting eagerly for
the special celebration of the Golden Jubilee RRC. The function was organised
in a different way this year as compared to similar evening functions at the
RRCs in the past. CA. Nandita Parekh & CA. Ameet Patel, past president of
the BCAS jointly compered the event. They began by welcoming the Chief Guest Mr.
T. N. Manoharan, Past President of ICAI and Guest of Honour Mr. Nilesh
Vikamsey, Vice President of ICAI.
Both the guests addressed the gathering.
Mr Manoharan spoke about his experiences at the past RRCs and he also spoke
about the special qualities of the RRCs organised by the BCAS. He also spoke
about the role played by bodies like BCAS in the development of the CA
profession. Mr Nilesh Vikamsey too complimented the BCAS on the golden jubilee
of the RRC. He spoke about the recent initiatives taken by the ICAI for its
members. He also cautioned the delegates about the threat of disruption that
technology is likely to cause amongst the professionals in the country. He also
gave examples of how the ICAI has quickly responded to the expectations from
the Government on various fronts. Both the guests set the right tone for a
memorable celebration of the GJRRC.

Thereafter, the past chairmen of the Seminar Committee –
CA. Pranay Marfatia
, CA. Govind Goyal & CA. Rajesh S. Shah
were felicitated for their contribution to the RRC. The delegates also
remembered the contribution of Nayan Parikh, another past chairman who could
not remain present on account of health reasons. Rajeev Shah, convenor of the
committee was felicitated for being a convenor of the committee for 10 years.
Vice President of the Society  CA.
Narayan Pasari
presented his views.

CA. Uday Sathaye, Chairman, Seminar Committee was then
felicitated for his contribution in all RRCs. He has been chairman for 10 RRCs
including GJRRC which is the highest number of chairmanship of Seminar
Committee. He mentioned that the members of the Seminar Committee take each RRC
as a separate programme with a mission and challenge. He elaborated that the
success of RRCs is achieved with effective Team Management, Planning,
Assessment of Risk, Crisis Management and Negotiation skills. He gave many
examples from earlier RRCs where members of the Seminar Committee have overcome
various difficulties to provide comfort to the participants. He acknowledged
valuable support of all previous chairmen of seminar committee namely Late CA.
Shailesh Kapadia, CA. Nayan Parikh, CA. Pranay Marfatia, CA. Govind Goyal and
CA. Rajesh Shah. All of them had always provided guidance and had actively
participated in all RRCs. He also highlighted the changing face of RRC over
last 30 years in terms of Group Discussion, Participation of Members etc. He
concluded his views on a positive note that this wonderful relationship will
continue with the support of the members attending RRCs in future.

Thereafter, several members were called upon to share their
experiences of the past RRCs. Some who had come for the first time also spoke
about their experience of the GJRRC.

Past Presidents and Office Bearers at GJRRC

The event was made all the more memorable by an Army Band
which marched into the hall in full splendour and performed some tunes which
were enjoyed by all. The delegates were awed by the ceremonial band.

The event was interspersed with humour and wit and all the
delegates had an enjoyable time.

This celebration function was very ably hosted by CA. Nandita
Parekh and CA. Ameet Patel, Past President of BCAS.

The finale of the GJRRC was the Panel Discussion on last day
i.e. 22nd January. This was the first time that such a session was
held at the RRC. The experiment was highly successful. The session was chaired
by CA. T. N. Manoharan. The panelists were CA. Pradip Kapasi,
Past President of BCAS, CA. Gautam Doshi, Past Chairman of WIRC of ICAI, CA.
Dinesh Kanabar
and CA. Sunil Gabhawalla, Joint Secretary of BCAS.
The discussion was moderated by CA. Shariq Contractor, Past President of
BCAS and CA. Jayant Gokhale, Past Central Council member of ICAI.

The panelists discussed five case studies which covered a
wide range of topics. The large number of issues from the field of Accounting,
Direct Tax, Indirect Tax, International Tax, FEMA, Stamp Duty etc. were
covered extensively by the panelists.

In the concluding session, CA. Uday Sathaye,
Chairman Seminar Committee and CA. Chetan Shah, President BCAS thanked
everybody for making GJRRC a great success. GJRRC concluded with a commitment
to meet again next year.


Seminar Committee and Office Bearers at GJRRC

Society News

BEPS Study Circle Meetings held
on 7th and 22nd December 2016

International Taxation Committee of BCAS organized 2 BEPS
Study Circle Meetings on 7th and 22nd December, 2016 at
BCAS Conference Hall. CA. Rashmin Sanghvi led the discussion on BEPS Action
Plan 1 thereby addressing the Tax Challenges of the Digital Economy.

The first meeting of BEPS Study Circle was held on 7th December,
2016 to explain the objective of the meeting. President CA. Chetan Shah,
Chairman of International Taxation Committee CA. Gautam Nayak, CA. Rashmin
Sanghvi and CA. T. P. Ostwal explained the motive and importance of study
circle in studying the subject of future importance.

OECD/G20 have brought out BEPS Action reports. Countries are
obligated to take measures considering that the erstwhile ways of International
tax practice will not hold good. The Multilateral instrument to amend the DTAs
is expected to be ratified by the countries by June 2017. It is better to plan
with the objective to study the BEPS reports and understand what will be the
implications. 

The 2nd meeting was held on 22nd
December to take the discussions forward on BEPS Action Plan-1. In both the
meetings, CA. Rashmin Sanghvi made the presentation and explained the
provisions of the challenges existing in Taxation of Digital Transactions and
the Equalisation Levy being levied by Indian Government to tackle the same. He
further emphasised that current International Tax rules require the presence in
the country of source, to enable that country to tax the income. E-commerce
companies do not pay tax in country of source as they do not have their
presence in the country of source. Due to sophisticated tax planning, they also
do not pay tax in country of residence. Mr. Sanghvi also informed that the
world is debating on how to tax such companies and that the Digital Economy is
the only report where there are no specific recommendations. The report gives
three alternatives – bringing in the concept of Significant Economic Presence,
TDS and Equalisation Levy. India has adopted Equalisation Levy and other
countries are also studying the Indian law.

Members debated the basic principles for equitable taxation
of Digital transactions between country of residence of entity and country of
revenue. Equalisation Levy by India has some difficulties as tax is being
collected from Indian residents and not from non-residents. Members discussed
the alternatives to reduce the difficulties.

The meeting was very informative, participative and was
appreciated by members.

Direct Tax Law Study Circle
Meeting on “Appellate Proceedings & Penalty Pro-ceedings”

The Taxation Committee of BCAS conducted Direct Tax Law Study
Circle Meeting on “Appellate Proceedings & Penalty Proceedings” on 5th
January 2017 at BCAS Conference Hall.

The meeting was chaired by CA. Ronak Doshi. The Group leader,
CA. Jhankhana Thakkar meticulously explained the procedural aspects during
appellate proceedings.

During the course of discussion, emphasis was placed on
practical aspects while drafting appeal including stay application before each
level of appellate authorities mentioned below:

    Appeal to Commissioner of Income-tax
(Appeals)

    Dispute Resolution Scheme, 2016 (since
filing date was extended to 31 January 2017)

    Dispute Resolution Panel

    Income-tax Appellate Tribunal

    Proceedings for stay of demand.

She reiterated that due care needs to be taken while drafting
appeal, covering technical issues as well the merits of the case, based on
authorities’ impression on submissions filed by assessee.

However, due to paucity of time, Penalty Proceedings were not
taken up for discussion which would be covered up in the next study circle
meeting.

The members benefitted from the meeting and thanked Taxation
Committee for organising the meeting on such interesting subject.

Lecture Meeting on “Important
Case Laws of 2016 on Service Tax”

Bombay Chartered Accountants’ Society organised a lecture
meeting on “Important case laws of 2016 on Service Tax” on 11th January
2017 at BCAS Conference Hall which was addressed by the speaker CA. A. R.
Krishnan. 

CA. A.R. Krishnan

It was the first lecture meeting of the year 2017.The Speaker
stressed upon the importance of understanding the facts of the case properly
for representing before the tax authorities. He began his lecture with case
laws related to “Cross Border Transactions”. Various case laws on this subject
namely Tech Mahindra vs. CCE, Genom Biotech Pvt. Ltd. vs. CCE&C etc.
and their decisions were very well explained by the speaker.

Then he moved on to “Currency Conversion Transaction” (use of
credit/debit cards) wherein the case laws namely SBI Cards and Payment
services Pvt. Ltd. vs. CST
and Citibank N.A. vs. CST were elaborated
with the help of chart which was very helpful for the participants’
understanding.

It was followed by case laws based on “freight forwarder
(airline & shipping industry)”. Few case laws under this subject which were
Greenwich MedrianLogistics(I) Pvt. Ltd., Global Transportation Services Pvt.
Ltd. and DHL Lemuir Logistics Pvt. Ltd. etc. along with a circular
No.197/7/2016-ST dated 12.08.2016 were also taken up by Mr. Krishnan.

The next topic presented was “Freight Forwarder Ocean Freight
Surplus” where cases of logistics and transport service providers were
deliberated in details.

Thereafter, Mr. Krishnan elucidated the case laws related to
“CENVAT Credit” and talked about various issues related to availing credit and
payment methods. He also described other important case laws on the CENVAT such
as Jawahar SSK Ltd. vs. CCE, Tata Technologies Ltd vs. CCE etc. with
numerical illustrations for easy grasping of the attendees.

The speaker also enlightened those present about the case
laws relating to “Cost Sharing Arrangements” including judgment of the Supreme
Court in the case of Gujarat State Fertilizer & Chemicals (GSFC). At the
end, miscellaneous case laws i.e. N. Bala Baskar vs. UOI and Sumeet C.
Tholle vs. CCE
were discussed.

The participants had a very enriching experience as all the
relevant and important case laws and the principles of service tax law were
brought out with the help of analytical and lucid presentation.

FEMA Study Circle Meeting

International Taxation Committee of BCAS conducted a FEMA
Study Circle Meeting on 12th January, 2017 at BCAS Conference Hall
on the topic of “Foreign Direct Investment in Construction & Development”
and “Investment in Immovable Property In and Outside India” where CA. Niki Shah
& CA. Natwar Thakrar led the group for a very interactive discussion. It
was a wonderful beginning of the year 2017 and the FEMA study circle began with
a bang.

As India started gaining popularity among other emerging
economies, 2016 offered a few major Liberalisations in the overall FDI segment.
Construction and Development sector saw a major overhaul with many conditions
like “minimum capitalisation” and “minimum built up area” made redundant. CA.
Niki Shah led a power packed session and enlightened the group.

The participants were also greatly benefitted by one of the
most consistent and oldest group member CA. Natwar Thakrar. He shared his rich
experience on the subject and briefed the members on how Foreign Residents
misused FEMA provisions to acquire Immovable Property in India and how RBI
tackled the issue.

Experts Chat @BCAS on “Effective
Professionalization of Family Managed Business – Opportunities &
Challenges”


Mr. Jalaj Dani in the fireside chat with CA. Shariq Contractor

An Expert Chat @BCAS was  
organised  on the subject  on 23rd January, 2017 at BCAS
Conference Hall wherein a fireside chat was arranged between  the industrialist Mr. Jalaj Dani, Executive
Director, Asian Paints Limited and CA. Shariq Contractor, Past President, BCAS.
The programme commenced with the welcome address by BCAS Vice President CA.
Narayan Pasari who introduced the session with entrepreneurial and professional
aspects of family run businesses in India. The session was made available
online for our members. Mr. Dani enlightened the audience in regard to the
progression of Asian Paints Limited starting from a very small set of 4
families to a large number of shareholders and creating huge wealth for the
investors with current market capitalisation of Rs. 90,000 crores. The pillars
on which  the business stood were innovation,
team building, shareholder value, professionalization, responsibility and
empowerment. He emphasised that patriarchs and professionals must act in
synergy and are a part and parcel for the success of any family managed
business.  

Mr. Shariq initiated the Experts Chat with Mr. Dani on his
expert views on the opportunities and challenges in professionally managed
family businesses in India and abroad. He also posed various interesting
questions to Mr. Dani on the challenges in managing the conflict of interests
in personal and professional lives within the partnering families and also with
hired professionals at the helm of affairs of the company, for sustainable
growth in the present competitive environment. They also discussed about the
Social, Economic and Financial Impact of the large family run businesses on the
economy as a whole. At the end, the floor was opened for a Q & A Session.

The programme was an interactive one with active
participation from all participants. CA. Shariq Contractor thanked Mr. Jalaj
Dani for responding to all the queries candidly and also enlightening the
partticipants on the subject in depth.

Lecture Meeting on “Global
Developments in International Taxation-Impacting India”

A  lecture meeting  on “Global Developments in International
Taxation-Impacting India” was held on 25th January, 2017 at BCAS
Conference hall which was addressed by CA. T. P. Ostwal. The session was
chaired by the past president of the society CA. Mayur Nayak.

Mr. Ostwal, in the technical session, dealt with the subject
of “Case Studies on Recent Developments and Issues in Cross-border Taxation” in
his inimitable style covering day to day issues in the fields of Equalisation
Levy, Transfer Pricing, Indirect Transfers, Residential Status, Place of
Effective Management and Taxability of the overseas dividends in the hands of
the Indian shareholders. While dealing with case studies on different topics,
he covered various jurisdictions and examined the taxability under both the
domestic tax laws as well as applicable tax treaties. He also answered various
queries raised by the participants on these case studies.

The meeting got an encouraging response and the
participants benefitted a lot from the session.

Society News

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

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

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

Strengths

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

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

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

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

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

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

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

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

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

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

Weaknesses

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

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

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

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

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

India’s
prospects

A developed country offers its
citizens 3 key conveniences:

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

2)  Better job/business
prospects

3)  Good education

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

The participants enormously
benefitted from the Study Group Meeting.

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

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

Day 1

CA. Chetan Shah (President)

CA. Raju Shah (President ACAA)

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

 

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

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

 

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

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

 

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

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

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

Day 2

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

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

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

 

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

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

CA.
Uday Sathaye,

Chairman,Seminar
Committee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

CA.
Waman Kale (Speaker)

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

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

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

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

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

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

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

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

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

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

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

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

Both the sessions were interactive
with participation from the members.

Indirect Study Circle
Meeting held on 15th November 2016.

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

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

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

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

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

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

The experts on the Panel were :

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

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

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

 

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

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

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

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

Society News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a)  Factors to determine Capital vs. Revenue

b)  Subsidy from government or government grant

c)  Non-Compete fees

d)  Preliminary Expenses

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

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

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

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

A
total of 17 participants attended the meeting.

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

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

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

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

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

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

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

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

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

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

A
total of 25 participants attended the study circle.

FEMA   Study Circle Meeting held on 18th October 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Society News

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

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


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


CA Pinakin Desai(Speaker)

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


CA Vijay Dhingra(Speaker)

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


CA Padamji Khincha(Speaker)

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


Mr. Shiluka Goonewardene(Speaker)

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

Mr. Suresh R. I. Perera(Speaker)

CA T.P. Ostwal(Speaker)

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

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

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

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

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

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


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

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

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

Can
payment for ESOP be considered as current account transaction?  

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

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

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

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

A total of 73 participants
attended the meeting.


Blood Donation Camp held on 27th August 2016

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


Blood Donation camp at BCAS

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

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

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

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


Seminar on Tax Audit held on 27th August, 2016

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

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

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

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

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


CA Paresh Clerk (Speaker)

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


CA Mehul C. Shah (Speaker)

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

CA Sanjeev Lalan (Speaker)

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

CA. Avinash Rawani,(Speaker)

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

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

The event was
attended by 153 participants.


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

CA Mandar Telang (Speaker)

CA Sunil Gabhawala (Speaker)

CA Samir Kapadia (Speaker)

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


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

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

CA Udayan Choksi (Speaker)

CA Naresh Sheth (Speaker)

CA Bharat Shemlani (Speaker)

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

CA Janak Vaghani (Speaker)

CA Jayraj Sheth (Speaker)

CA S. S. Gupta (Speaker)

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

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

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


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

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

Whether
loans from NRIs are permitted?

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

Whether
ECB can be utilised to acquire another Indian company?

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

A
total of 56 participants attended the Study Circle
.


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

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

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

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

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

A total of 20 participants attended the meeting.

Society News

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

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

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

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

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

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

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

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

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

Day 1: Sunday 17th April 2016

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

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

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

Speaker : CA Nitin Shingala
CA Ketan Raiyani

Mr. Ketan Raiyani

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


Mr. Nitin Shingala

SESSION 2 : Conducting Audit in Today’s Scenario.

Speaker: CA Himanshu Kishnadwala


Mr. Himanshu Kishnadwala

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

SESSION 3 : Personality Enhancement.

Speaker : CA Jagdish Shenoy


Mr. Jagdish Shenoy

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

Day 2: 18th April 2016

SESSION 1: GROUP DISCUSSION

TOPIC : E-COMMERCE: BUSINESS MODEL AND TAXATION

Paper Writer: CA Sunil Gabhawalla


Mr. Sunil Gabhawalla

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

SESSIONS 2: FORENSIC AUDIT

Speaker: CA Chetan Dalal


Mr. Chetan Dalal

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

DAY 3: 19th April 2016

SESSSION 1: CASE STUDIES ON INTERNATIONAL TAXATION:

Speaker: CA . T. P. Ostwal


Mr. T. P. Ostwal

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

SESSIONS 2: PANEL DISCUSSION:

PRACTICE vs. INDUSTRY vs. ENTREPRENEURSHIP

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

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


Mr. Arun Giri

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

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

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

Various topics were taken up at the Seminar as follows:


Mr. Avinash Rawani

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

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

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

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

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

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


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

Section 195 (Other Sums):-


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Success means different things to different people.

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

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

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

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

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

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

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

                          

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

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

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

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

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

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

He shared the following basic principles of communication as:

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

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

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

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

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

From the eyes of an Editor – Anil Sathe

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

CA. Anil Sathe’s expectation from writers are

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

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

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

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

He encouraged each participant to write articles for BCAS Journal.

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



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

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

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

The ABC of Professional Writing – Swati Jalal



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

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

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

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

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

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

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

Publication Release on 24th November 2015



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

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

So Hurry!!!! Book your copy now.

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

This meeting was addressed by Presenter: Kalpesh Thakkar.

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

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

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

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

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

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

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

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

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

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

They dealt with:

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

2) Various terms as defined under ICDS,

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

4) Disclosure requirements and Transitional provisions,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Society News

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Lecture Meeting on Corporate Governance – recent
updates including amendments to Clause 49 of Listing Agreement on 27th
August 2014


L to R : Mr. Somasekhar Sundaresan (Speaker), Mr. Raman Jokhakar, Mr. Nitin Shingala (President), Mr. Jayant Thakur

The
lecture meeting was held at the Walchand Hirachand Hall, IMC. Mr.
Somasekhar Sundaresan, Advocate, addressed the audience on the recent
updates including amendments to Clause 49 of Listing Agreement on
Corporate Governance. More than 250 members benefited from the expert
analysis and knowledge shared by the speaker.

Advanced FEMA Conference on 6th September 2014


L
to R : Mr. Nitin Shingala (President), Mr. Gaurang Gandhi, Mr. Naresh
Ajwani, Mr. Dilip Thakkar, Mr. G. Padmanabhan (Speaker), Mr. Paras
Savla, Mr. C.D Srinivasan (Speaker), Mr. Gautam Nayak, and Mr. Hinesh
Doshi.

The International Taxation Committee of the Society
organised this Conference jointly with The Chamber of Tax Consultants.
The Conference was held at Rangaswar Hall, Y B Chavan Pratisthan. The
objective of the Conference was to offer insight into advanced level
issues on cross border transactions & intricacies involved and to
understand the RBI’s perspective on these developments.

Officials
from RBI, including Mr. G. Padmanabhan, Executive Director and Mr. C.D.
Srinivasan, Chief General Manager along with General Managers, Mr. A.
O. Basheer, Mr. Ajay Vij, Ms. Jayasree Gopalan, Ms. Tuli Roy and Ms.
Rajani Prasad responded to the questions raised by the participants at
the Conference.

The following topics were discussed at the conference:

BCAS
and CTC raised a number of concerns which are causing difficulties
under FEMA. The officials appreciated these concerns and gave an
assurance that they would be addressed. They also expressed their
concerns to the delegates. They advised the participants to look at the
spirit of the law and not just the letter of the law, to avoid lapses
under FEMA.

143 participants attended and benefited from the Conference.

Lecture
Meeting on Auditors Dilemma – Reporting requirements on Internal
Financial Controls as required under the Companies Act, 2013 and Clause
49 of the Listing Agreement on 10th September 2014


Mr. Vishwanath Venkatraman (Speaker)

The
lecture meeting was held at Walchand Hirachand Hall, IMC. Mr.
Vishwanath Venkatramanan, Chartered Accountant addressed the audience on
various aspects of Reporting requirements on Internal Financial
Controls as required under the Companies Act, 2013 and Clause 49 of
Listing agreement and section 134 of the Companies Act 2013. He also
shared his vast experience and perspective on the same. More than 150
members benefited from the expert analysis and knowledge shared by the
speaker.

Monsoon Trek on 13th September 2014


Participants of Monsoon Trek

The
BCAS Youth Group, under the aegis of the Membership and Public
Relations and Human Resources Committee of the Society organised a
Monsoon Trek for Chartered Accountants and their families along the
Jummapatti-Bekere trail near Bhivpuri, Karjat. Attended by 44
participants, the trek saw equal representation from industry and
practice, from the seniors and the youth and from men and women.
Participants enjoyed the easy walk through the lush greenery. They also
got the opportunity to network with different segments of the
profession.

18th International Tax & Finance Conference, 2014


L
to R : Mr. T. N. Manoharan(Speaker), Mr. Deepak Kanabar, Mr. Deepak
Shah, Mr. Nitin Shingala (President), Mr. Gautam Nayak, Mr. Raman
Jokhakar, Mr. Rajesh Shah

The 18th Residential International Tax
& Finance Conference which was organised by the International
Taxation Committee from 14th August 2014 to 17th August 2014 at ITC
Grand Chola, Chennai, received an enthusiastic response from over 190
participants from over 20 cities of India including Hyderabad,
Bangalore, Chennai,

Coimbatore, Delhi, Ahmedabad, Pune, Goa, Secunderabad, Jamnagar, Kolkatta, Mumbai and even Dubai.

The
Conference was inaugurated by Padamshree T. N. Manoharan, Past
President of ICAI who addressed the participants on the Role,
Opportunities and Challenges for the Chartered Accountants. His address
included inspiring anecdotes, analytical insights and subtle humor.


Mr. Pinakin Desai

Papers for Group Discussion:


Case studies on International Taxation (including royalty and Capital
Gains) by Shri P. D. Desai who dealt with issues relating to capital
gains on indirect transfers, treaty residence, GAAR, etc.. He also
presented case studies on Liquidation, Distributions and subsequent
disposals, Royalty Taxation, Source Rule, MFN impact, beneficial
ownership and Tax implications of Participation Arrangements.


Mr. T.P. Ostwal (Speaker)


Tax Challenges in Digital Economy- OECD Draft (BEPS Action 1) by Shri
T.P. Ostwal, who analysed the emerging developments in information
technology and international taxation regime. He presented business
models in digital economy and discussed opportunity in and tackling of
BEPS in digital technology. Further, he identified the tax challenges
raised by digital economy and the methods dealing with them.


Case Studies on structuring Outbound (Investment – Tax & Regulatory
Aspects) by Shri Pranav N. Sayta, who presented intricate case studies
involving issues such as acquisition of overseas entity, tax efficient
structures for such acquisition, Indian Exchange Control Regulations,
Tax Credits, Demergers, etc.


Mr. Yogesh Thar (Speaker)


Current Issues in Transfer Pricing (including Domestic Transfer
Pricing) by Shri Yogesh A. Thar, who covered issues relating to
international and domestic transfer pricing in great detail along with
practical examples and solutions covering issues relating to Equity
Infusions Transactions, Business Transfers, Common Cost Allocations,
Real Estate Transactions, Director’s Remuneration, Partner’s
Remuneration, etc.

Papers For Presentation:


Mr. Dilip Sheth (Speaker)


Prevention of Money Laundering Act – overview and impact by Shri Dilip
Sheth, who covered issues relating to property, scheduled offences,
transfer, procedural provisions and rules along with important issues
decided by the courts.


Mr. Gautam Doshi (Speaker)


Exchange Risk Management (Commercial, Regulatory and Tax aspects) by
Shri Gautam Doshi, who dealt with various types of Forex transactions,
Call and Put options, swaps, hedge, with practical examples.

The
participants gained handsomely from the knowledge and experience shared
by eminent faculties, group discussions and informal interactions. The
audience also appreciated the overall ambience and comfort at the venue.

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Study Circle Meeting on “Benchmarking of Intra Group Services” in transfer pricing on 1st August, 2015 at Direct-I-Plex, Andheri (E)

The Direct Tax Laws Study circle jointly with the Suburban Study Circle had organised a study circle meeting on the Benchmarking of Intra Group Services (including Recent Jurisprudence). The group leader Ms. Riddhi Shah explained in detail, the concerns and issues in respect of the benchmarking of Intra Group services. The group leader also discussed the recent important judgments and issues therein. She covered the following topics while leading the group:

  • Concept
  • Illustrative list of Intra-Group services
  • OECD Guidelines
  • Cost Allocation
  • Other considerations
  • Documentation requirements
  • Audit experience in India

The Chairman, Shri Natwar Thakrar provided his valuable insights on various unresolved issues, controversies and various important notifications/circulars of the Income Tax department. The Chairman elaborated on the concept of shareholder’s activities and duplicative services.

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

Klaus Vogel Study Circle held on 5th August 2015

A meeting of the Group was held on August 5, 2015 to discuss the newly released FAQ on Liberalized Remittance Scheme by RBI. The two Group Leaders were: – CA. Dhishat B. Mehta & CA. Gaurang V. Gandhi. There was interaction amongst the group with regard to most of the FAQs.

Students Study Circle on “Overview of Goods & Services Tax” held on 7th August 2015

The Students Forum of the Society organised a study circle on the topic “Overview of Goods & Service Tax” at the Society’s Office.

The study circle was led by student speaker Shri Sagar Desai under the guidance of the Jt. Secretary of the society and renowned speaker on Indirect Taxation matters, Shri Sunil Gabhawalla.

The motive of organising this study circle was to make the future chartered accountants proactive and aware of the biggest tax reform in the history of Independent India – Goods & Service Tax. The study circle was well attended by 35 students. It was a great learning experience for the student members.

The chairman of the session Shri Sunil Gabhawalla made the session interesting, with his deep knowledge on the subject. The speaker Shri Sagar Desai covered the topic and gave an insight into the proposed tax structure and its benefits to the economy. The roadblocks towards the implementation of Goods & Services Tax were also discussed.

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

Intensive Workshop on “Internal Financial Control” held on 7th and 8th August 2015

In keeping with its title, this was an intensive workshop, covering various components of an Internal Financial Control like Control Environment, Risk Assessment, Control Activities, Information and Communications and Monitoring. A workshop well designed keeping in mind the requirements of the Companies Act, 2013 from the perspective of management compliance and Auditors’ certifications
requirements. The Speaker Ms.Preeti Dani shared her knowledge and
experience over a period of 2 full days, in a most lucid manner. Every
topic was well covered and explained to the participants by way of case
studies and examples well designed to understand the complexities of the
subject.

The workshop held at the Palladium Hotel, Mumbai on August 7th and 8th,
2015, was attended by more than 60 participants from various Industries
and Practice arena and from various locations spread across India. The
speaker covered topics like General Computer controls, Entity level
controls, walkthroughs and testing methodology, sampling, Materiality,
Financial Statement Assertions reporting on internal controls, etc. in
detail. The interactions between the participant and speaker were
commendable and considering the positive feedback received, the Society
has organised a similar workshop in Chennai.

19th International Tax & Finance Conference, 2015 held on 14th to 17th August 2015
The
19th Residential International Tax & Finance Conference organised
by the International Taxation Committee from 14th August, 2015 to 17th
August, 2015 at Aamby Valley, received an overwhelming response from
members, with a record enrolment of 262 participants. The delegates were
from over 20 Indian cities as well as from out of India.

The Keynote Address at the Conference was given by Shri Sunandan
Chaudhari, Senior Economist with ICICI Bank, who addressed the
participants on the recent global events (including the Greek crisis and
Chinese slowdown and devaluation) and their impact on the Indian
economy. His address was laced with informative data charts, analytical
insights and insights about future movement of currency. He held the
participants spellbound for more than an hour.

The papers for group discussion were as under:

1. OVERSEAS FUNDS – TA X AND REGULATORY ASPECTS by Shri Bhavin Shah. He dealt with issues relating to taxation of overseas funds and structures for inbound investment by such funds. He also highlighted issues in respect of capital gains on indirect transfers, treaty residence, GAAR, etc. He also provided insights into normal structures of overseas funds.

2. STRUCTURING OF EPC CONTRACTS – TA X & OTHER ISSUES by Shri H. Padamchand Khincha. He highlighted and exhaustively analysed the controversies and issues relating to taxation of various types of EPC contracts, including splitting up of such contracts, treatment of joint ventures, accrual and classification of income from such contracts.

3. EXPATRIATE S – TAX AND REGULATORY ASPECTS by Shri Nikhil Bhatia. He analysed the various issues relating to taxation of expatriates, including determination of residential status, deductibility of social security contributions, and treatment of tax equalisation, and also discussed other provisions affecting expatriates, such as provident fund contribution, etc. This was supplemented by various Case Studies involving issues such as transfers, tax efficient method for such transfers, Indian Exchange Control Regulations, Tax Credits, etc.

4. PLACE OF EFFECTIVE MANAGEMENT (POEM) by Shri Pinakin Desai, who analysed the meaning of the newly introduced term in the Indian context. He discussed the international perspective and earlier case laws on control and management, and the various factual aspects which would assist in determination of the POEM.

The group discussions were lively, with active participation of the group members.

The Papers for Presentation were:

BASE EROSION AND PROFIT SHIFTING (BEPS) – RECENT DEVELOPMENTS by Shri T. P. Ostwal, who covered issues relating to recent developments internationally, and at the OECD. He explained the progress on each of the 15 action points under the BEPS initiative, and the expected timelines within which further actions were to be taken.

ISSUES UNDER THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX ACT, 2015 by Shri Gautam Doshi, who dealt with various issues under this new Act, including issues relating to disclosures under the 3 month window, as well as in respect of valuation under the rules and the FAQs.

The participants benefited immensely from the knowledge and experience shared by the eminent faculty, from the group discussions and from informal interactions. The overall ambience and comfortable stay at the venue was also appreciated by all the participants.

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

The Company Law, Accounting and Auditing Study Circle announced a series of Study Circle meetings on IND-AS to be held on 20th August, 2015, 7th October, 2015, 15th October, 2015 and 19th October, 2015. After notification of Companies (Indian Accounting Standards) Rules, 2015 comprising of IFRS converged IND-ASs by the Ministry of Corporate Affairs, there is a certainty on implementation of IND-AS. The objective of the series is to understand, discuss and deliberate each IND-AS in detail and understand the process of implementation of IND-AS. The series is organised in such a manner that each IND-AS will be dealt with separately.

The first meeting of this series was held on 20th August, 2015 and the discussion was led by CA. Anand Banka. The following topics were covered in this meeting:

(I)    Overview of IND-AS and roadmap to conversion; and

(II)    Presentation of Financial Statements

CA. Anand Banka briefed the members about the background of IND-AS and took the members through the process of formulation of IFRS and IND-AS. He also discussed about the applicability of IND-AS to various companies. In the second part of the session, he explained IND-AS 1 on “Presentation of Financial Statements” in detail. He discussed various issues including initial implementation and conversion of financial statement and preparation of opening Balance Sheet. The members discussed and deliberated on various issues in a lively interactive session. The members appreciated the initiatives taken by BCAS for organising series on IND-AS.

Interactive Presentation for CA Students: “Success in CA Exams” held on 21st August 2015

Human Development and Technology Initiative Committee of our Society jointly with WICASA of The Institute of Chartered Accountants’ of India had organised the second interactive presentation for the benefit of CA students covering the subject: Success in CA exams.

In the welcome address, the President complimented the students sharing many anecdotes of converting challenges into success. The most remarkable and memorable moment of the programme was when young Mahesh Londhe who recently passed his CA Final exam in his first attempt, braving the most challenging economic and social background was felicitated by Shri Narayan Varma and the President of the Society. All those present in the audience including the students and Mahesh’s parents and relatives were deeply moved by his acceptance speech. His message was loud and clear: Dream big, do not allow your dream to die down by challenges in life. Be grateful to all who contribute to achieve our dream and make us worthy human beings.

In the presentation, both the speakers, Shri Atul Bheda and Shri Mayur Nayak discussed at length, important points and issues which would help students while preparing and appearing for the CA Exams.

In the 1st Session, Shri Atul Bheda advised students to study regularly, with confidence, positivity, discipline and consistency. He emphasised on Focusing, the conceptual clarity in each subject, and judicious use of time . His success mantra was “Study the subjects thoroughly and avoid selective way of study”. He advised to refer to the study material, revision test papers, practical manuals published by the ICAI and regular visit of the website: http://www.icai.org to download reference material freely available on it compiled by the Board of Studies of the ICAI. He further said that students must appreciate that the dates of exams are fixed and are well known from the beginning. These exams are conducted with the highest standard of controls, confidentiality and quality in checking of papers. All precautions are taken to avoid any unforeseen situations.

In the second session, Shri Mayur Nayak shared his experiences. He touched upon all important topic of self-improvement. He explained that for success three important elements are Knowledge, Skill and Attitude. i.e. knowledge of the subject. Improving writing and memorising skill. Developing the analytical mind, and keeping

positive attitude even in the most challenging undesirable situation. He presented many motivating stories of illustrious personalities. He emphasised that the key to success is maintaining physical, mental, emotional fitness in all situation. In the end, he conducted a guided meditation.

The Study Circle Meeting on “Service Tax Investigation and Audit” on 22nd August, 2015 at Direct-I-Plex, Andheri (E)

The Indirect Tax Laws Study circle jointly with the Suburban Study Circle had organised a study circle meeting on the Service Tax Investigations and Audit (with special reference to a recent CBEC circular 185/4/2015 ST Dt. 30/06/2015).

The speaker, Shri Gaurav Sarda explained the provisions of the preliminary scrutiny and the detailed manual scrutiny of the Service Tax Returns Form ST-3. He mentioned that the detailed scrutiny will cover the taxability, valuation, reconciliation, classification, Cenvat credit and other similar aspects of the returns.

He also elaborated on the issues to be considered while providing information on the said areas. The criteria for selection, procedure for scrutiny and formats in which the data is to be prepared for submission was also discussed. The speaker also shared his experience of working as a part of the tax department’s audit team.

The Chairman Shri Sunil Gabhawalla provided his valuable insights on the limited scope of the new provisions of manual scrutiny especially in the light of other existing audit and investigation procedures. He advised members to be careful while replying to the notices and avoid going into details which the department can otherwise derive out of its own databases.

47 participants attended the study circle meeting and gained immensely from the details and experiences shared by the speaker and the chairman.

Lecture Meeting on “Food Smart Cities, Leading a Transition to Health, Sustainability and Fairness” held on 28th Aug 2015 at IMC by Speaker Dr. Vandana Shiva.

President Raman Jokhakar welcomed the speaker, Dr. Vandana Shiva who has dedicated over 30 years in protecting the Indian biodiversity from Corporate Biopiracy including the fight to revoke international patents on our Neem, Basmati and Wheat. Dr Shiva is world renowned for her work in dealing with mindless corporate led globalisation that is causing irreversible social, ecological and economic damage. This lecture meeting was under the auspices of Dilip Dalal Oration Fund.

Dr. Shiva commenced her speech with a brief background about how and why around more than 3 lakh farmers committed suicide since 1995. She went ahead to explain that a farmer actually earns only 1/10th of the Minimum Legal Wage in India compared to other vocations. The plight of our Annadattas today as articulated by her was alarming.

This she mentioned was just the beginning of the entire process. We are what we eat and it is this food that is so contaminated with pesticide that it has led to so many diseases. There is an epidemic of diseases related to our lifestyle and food such as diabetes, cancer, hypertension, infertility and heart attacks. India, she added, has emerged as the epicentre of Diabetes. Cancer has seen a 30% increase in the last 5 years with 180 million people affected in India alone.

To eliminate these problems, she took the audience to a solution within our own reach. The feasible way around getting and leading an organic life away from pesticides, benefitting both the annadattas and the consumers of food supplies.

Dr Shiva suggested the concept of ‘eat fresh, eat local’. She mentioned that eating local food and creating a sustainable and healthy FOODSHED for our city meant reducing food miles and toxics in the food chain. Eating local means relating directly to our farmers and helping them shift to an agriculture that allows them to grow biodiverse, safe, healthy food that we all can have access to.

The lecture concluded with the Smart Cities concept which talked about eat fair and eat healthy. This, Dr. Shiva mentions, can be done by eating local food grown in your own garden. This can be started by concepts of smart cities, she mentioned. This can be done by forming a group of citizens and placing bulk orders from organic farms at Navdanya and starting Anna Swaraj Circles. This could lead to profits passing to the one who grows and not to the reseller which is resulting in deaths and deprivation of Indian Farmers.

Towards the end of the session, the enthralled audience raised several questions, asking for practical tips. The talk concluded with a vote of thanks and a round of applause. This talk is available on You Tube channel of the BCAS which can be viewed freely – https://www.youtube.com/ watch?v=8UCeGV-19MU

Half-Day Seminar on “Foreign Contribution Regulation Act, 2010” on Friday, 4th September 2015

The FCRA 2010 has done away with the Concept of ‘permanent’ registration, restricting the validity of registration to five years. The validity of registration of NPOs under the previous FCRA is valid upto 30th April 2016, subject to renewal. Such application for renewal is required to be submitted at least six months prior to the date of expiry of the validity period, i.e. before 31st October, 2015.

To understand the nitty-gritty of the FCRA and recent developments, the Corporate & Allied Laws Committee of the Society organised this half – day seminar at the office of BCAS.

Shri Chetan Shah, Vice-President of the Society welcomed the audience. Mr. Kanu S. Chokshi, Chairman of the Corporate & Allied Laws Committee of the Society briefly introduced the subject matter and the Speaker of the Seminar.

The Speaker, Mr. Noshir Dadrawala explained the procedure for registration/ renewal of registration and other compliances under FCRA 2010. He also enlightened the participants about the proposed amendments to the FCRA rules whereby the entire process of registration, renewal, applications, filings etc. is proposed to be online, with no

requirement to send the hard copies of the documents to the Ministry of Home Affairs, Delhi. The Seminar was ended with a question & answer session where the learned and experienced speaker satisfactorily addressed the queries of the participants.

The Seminar received overwhelming response. Out of the 104 participants,69 participants were non-members; and 13 were outstation participants. Presentation of the speaker on the subject was provided to the participants.

The Seminar was coordinated by Ms. Preeti Oza and Shri Manish Sampat.

Intensive Workshop on “Internal Financial Control”– Chennai held on 4th and 5th September 2015

A workshop, as it mentions, was an intensive workshop, covering various components of an Internal Financial Control like Control Environment, Risk Assessment, Control Activities, Information and Communications and Monitoring. 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 program was inaugurated by Padmashri T. N. Manoharan and then Speaker Ms. Preeti Dani shared her 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 case studies and examples well designed to understand the complexities of the Internal Financial control in a simplest way.

The workshop held at the Le Meridian Hotel, Chennai on September 4th and 5th, 2015, was attended by 63 participants from various Industries and Practice arena and from various locations spread across South India. Speaker Ms. Preeti Dani, covered topics like General Computer controls, Entity level controls, walkthroughs and testing methodology, sampling, Materiality, Financial Statement Assertions reporting on internal controls, etc in detail. The interactions between the participant 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.

Lecture Meeting on “Tax & Structuring- The Big Picture” held on 16th September 2015 at IMC by Speaker CA. Ketan Dalal

President Raman Jokhakar introduced Shri Ketan Dalal the speaker for the evening as one having immense knowledge on tax and tax planning aspects. He further added that the discussion will evolve around the speaker’s experiences and thoughts that would stand as a guide for all while advising our clients.

Shri Ketan Dalal started his presentation with his thoughts on addressing the bigger picture which our clients want to see in today’s complex business scenario and increasingly complex tax regulatory scenario. While as tax and legal professionals we all get more and more specialised in our field of expertise and as a fall out, we fail to see the fact that clients are expecting us to understand the business dynamics and expect us to give a holistic advice covering various aspects and not only restrict to tax so that the client can take an informed decision.

It is imperative    for us    professionals to know the regulator’s point of view. Otherwise, there are risks and reputational issues involved. He demonstrated his view with examples of Hero Honda and Maruti’s case. Shri Ketan Dalal mentioned that the client looks at us as a business advisor and not only as a tax advisor. The role of advisors need to undergo a change beyond the technical advice on any issue.

Shri Ketan Dalal concluded his presentation by throwing light on aspects of Transfer Pricing and the complexities involved in Put and Call Options. What the client wants and what the regulators expect from us, both are to be kept in mind while providing the complete picture to the client. Treacherous landscape needs to be recognised while advising on transactions and it’s often better to flag issues at least, even if not within scope. The speaker finally completed his session with an interactive discussion with the audience. The audience asked very practical questions and the speaker very well addressed them.

Finally, Shri Ketan Dalal concluded his session by stating that a holistic view is required in an increasingly specialised world.The session ended with a formal vote of thanks.

Society News

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Lecture Meeting on Issues in Taxation of Corporates and Shareholders on 25th July by Pinakin Desai


The lecture meeting was held at the K.C. College Auditorium, Churchgate. Mr. Pinakin Desai, Chartered Accountant addressed the audience on recent issues in taxation of corporates and shareholders viz., Dividend Distribution Tax, Capital gains taxation, Taxation of gifts and many more topics. More than 200 members benefited from the expert analysis and 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 Auditor’s Report – Recent Standards on Auditing developments, fraud reporting and other issues on 6th August 2014 by Khurshed Pastakia

The lecture meeting was held at the Walchand Hirachad Hall, IMC. Mr. Khurshed Pastakia, Chartered Accountant addressed the audience and shared his insights in respect to recent SA developments, fraud reporting and other issues from the view point of Auditors. More than 300 members and students benefited from the views 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 members and Web TV Subscribers.

Tree Plantation – Visit to Dharampur – 1st & 2nd August 2014

A two Day visit to Dharampur was organised by the Human Resources Committee of the Society with the help of “Vanpath Trust” (A Gandhian philosophy based NGO, at Bilpudi-), founded by Shri Bhikhubhai Vyas & Smt. Kokilaben Vyas. The couple has dedicated their entire life for upliftment of Tribals of Dharampur & thereby promoting the rural economic development from all perspective like Education/Health/Agriculture/Water management/ Environment among others. The 20 Participants planted saplings at Bilpudi in their pursuit to support the environment and take steps towards the “Green” initiative. The participants visited Shrimad Mission Ashram and a school at Matuniya Village in Kaparada Taluka.

Workshop on How to Conduct a Tax Audit on 8th August 2014

The Taxation Committee of the Society organised this



Workshop at Navinbhai Thakkar Auditorium, Vile Parle. The objective of the Workshop was to enable the participants to conduct the Tax Audits effectively keeping the relevant tax provisions and controversies in mind.

The Following Topics were discussed:

At the end of the Workshop a Brain Trust session was held where CA. Anil Sathe & CA. Himanshu Kishnadwala answered the queries to the satisfaction of the participants. 530 participants attended and benefited from the Workshop.

Workshop on “Procedures and Practical experiences in representing before CESTAT and Sales Tax Tribunal Practice” on 9th August 2014

The Indirect Taxes & Allied Laws Committee of the Society jointly with Youth Group organised this workshop followed by Moot Court at Walchand Hirachad Hall, IMC. The aim of the workshop was to encourage young talent and provide a platform to newly qualified Chartered Accountants and aspiring CA students to present their advocacy and presentation skills.

Seminar on Mind (Brain) Power on 9th August 2014

The Human Resources Committee of the Society organised this Seminar at BCAS Office. Mr. Bhupesh Dave, Trainer took the participants through the sessions by the mode of practical and real life examples.

Society News

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8th Residential Study Course on Service Tax & VAT


Mr. Naushad A. Panjwani (President) lighting the lamp

The Indirect tax and Allied Laws Committee of BCAS conducted its 8th Refresher Study Course on Service tax and VAT at Khanvel Resort, Silvassa from Friday, 13th June to Sunday, 15th June, 2014. Total 138 delegates attended, out of which 56 participants were from cities other than Mumbai viz., Pune, Nashik, Aurangabad, Jalgaon, Ahmedabad, Hyderabad, Telangana, Chennai, Delhi, Gurgaon, Agra, Jaipur, etc. It was inaugurated at the hands of the President Mr. Naushad A. Panjwani.

There were five papers – three discussion papers and two presentation papers as under:

Lecture Meeting – The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 on 4th June, 2014

The meeting was held at the Lotus Hall of Society’s Office. The Speakers were Senior Associate/Team Leader Mr. Abhijeet Sonawane, Solicitor, Senior Associate/Team Leader Ms. Viloma Shah, and Associate Ms. Tanisha Doshi.

The speakers explained the new Act which was enacted w.e.f. 9th December 2013. With Power Point Presentation, they covered important definitions viz. Sexual Harassment, Aggrieved Woman, who are covered under this Act, Responsibilities of the Employers.The speakers laid emphasis on formation of Internal Committee, comprising of the Independent Woman, and three other members. They also explained the importance of laying down policy guidelines, conducting appropriate training sessions and educating the members.In the interactive session, they addressed many questions from the audience.

In the opening remark, the President explained the relevance of the topic referring to the guidelines laid down in the judgement in Vishakha’s case.

Participants appreciated the relevance of the topic and felt it important to spread the qualitative education and awareness on the subject in the business environment.

Power Summit – Networking within and across Professions on 6th & 7th June, 2014


L to R : Ms. Nandita P. Parekh, Mr. Uday V. Sathaye, Mr. Narendra P. Sarda, Mr. Naushad A. Panjwani (President)

A 2-day Summit was organised by the 4i Committee of BCAS. The objective of the Power Summit was to bring together leaders of accounting firms to discuss and debate the changing paradigm of the profession and to explore whether the time for cross functional professional firms/ companies has indeed arrived. The Summit was for professional firms that want to contemplate growth through mergers, consolidation and networking and through strategic thinking and pro-active initiatives. CFO Round Table on 6th June 2014 The CFO Round Table was a unique event organised by the Managing Committee of the Society. The programme was sponsored by BCA Journal & Godrej Properties. The objective of the programme was to look at how CFOs being in the hot seat can better prepare themselves for what the future holds, and how they prepare themselves with effective risk management strategies, proper corporate governance, as well as a crystal ball to predict how an ever-changing landscape will impact the industry. Some of the Comments received are shared below:


L to R : Mr. Gautam Doshi, Mr. Naushad A. Panjwani (President), Mr. Y. H. Malegam, Mr. Nitin Shingala

• The session was very informative and I would have liked if Mr. Doshi could have spoken longer. Unfortunately, I cannot attend a similar workshop in Lonavala due to some prior commitments. Kindly let me know whether the literature discussed in this event can be made available. Thank you, Best Regards – Arnab Chakraborti, Head – Operations, Kotak Commodity Services Ltd.

• Thanks. It was my pleasure and honour to be part of the forum – Manish Jani, Great Ship Global

• Thank you for inviting me for the CFO Round Table. I benefitted greatly by listening to Gautam Bhai. Regards Sanjay Khetan, Khetan & Co.

• It was my pleasure to participate in the summit & meet with you & your colleagues. I am happy I was able to contribute to the event & learned quite a few things from other distinguished speakers as well as from the interactions at the CFO forum. All the best for BCA’s future programmes. Warm regards, Uday Phadke, Principal Advisor (Finance), Mahindra & Mahindra Ltd.

• It was a good experience Mr. Panjwani and look forward to further interactions. Would be glad if the presentations can be made available. Thanks & Regards Smriti Vijay, AKER Solutions

• Very happy to be with all of you – Shailesh Haribhakti, Chairman, DH Consultants Pvt. Ltd.

• Thanks for the invite and it was really a great value add in listening to these eminent speakers – Sunil Burde, Pidilite Co.

• It was indeed a good opportunity for me to present in BCAJ, one of the premier association of our profession, for the discussion on Companies Act, 2013. Hope this continues in years to come. Regards Nambi Rajan, Thirumalia Chemicals.

BCAS Referencer 2014-15 Release Function, 7th June, 2014

Membership & Public Relations Committee organised the BCAS Referencer 2014-15 Release function. The Referencer was released at the hands of the Society’s President Mr. Naushad Panjwani. This year the Referencer is being released in two parts. The Supplement and CD will be released in August 2014 after the presentation of the Union Budget, 2014.

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Half day Seminar on ‘Law & Procedure Relating to Authority for Advance Ruling & Recent Controversies’ on 17th July 2015

The
Half day seminar was jointly organised by BCAS along with the Indian
Merchant Chambers, The Chamber of Tax Consultants and IFA -India Branch.
It was designed to enlighten tax professionals as well as
representatives of industry regarding the Law & Procedure Relating
to Authority for Advance Ruling & Recent Controversies under the
Income-tax Act. The Keynote address for the seminar was given by Hon’ble
Mr. Justice V. S. Sirpurkar, Chairman, Authority for Advance Rulings,
who enlightened the participants regarding the scope of AAR (including
extension of scope on account of domestic transactions), various
procedural aspects for representation before AAR and ambiguities present
in the functioning of AAR. Further, there were panel discussions on
topics of importance in the industry, like ‘Alternative Dispute
Resolution – Enhanced role of AAR’, ‘Availability of benefit of tax
treaties; limitation of benefits clause; and tax avoidance, etc.’ and
Tax issues arising from transfer of shares, business restructuring
(Including issues related to indirect transfers) and applicability of
MAT provisions to foreign companies’ followed by floor participation.
Eminent speakers like Mr. V. K. Gupta, Commissioner of Incometax &
Member-DRP , Mumbai; Mr. Pravin Kumar, Director of Income-tax
(International Taxation)-II, Mumbai; Mr. Ajay Kumar Shrivastava,
Director of Income-tax (International Taxation), Mumbai; Mr. Rajan Vora,
Mr. Girish Dave, Mr. Pranav Sayta, Mr. Kanchun Kaushal, Mr. Sunil Lala,
Mr. T. P. Ostwal and Mr. Rakesh Dharawat were part of the panel
discussions. The seminar was very useful for participants who attended
the programme.

Workshop on Black Money Act on 1st August 2015

The
half-day workshop was designed to both give a background of the Black
Money Act by way of a presentation by Mr. Hitesh Gajaria; and discussion
on many controversial issues by a panel consisting of Mr. T P Ostwal
and Mr. Rohan Shah, moderated by

Mr.
Hitesh Gajaria. Mr.Gajaria explained the whole gamut of the provisions
under the Black Money Act in his presentation. Mr. Ostwal and Mr. Shah
provided their technical and legal views on various questions that were
posed to them. All of them also answered questions from the
participants. The workshop was quite useful to the large number of
participants who had attended.

Tree Plantation ? Visit to Vansda ? Dharampur – on 25th July, 2015

A day’s visit to Vansda – Dharampur was organised by the Human Resources and Technology Initiation Committee of the Society with the help of “Dhanvantari Trust” at Vansda-Dharampur,
founded by Dr. Kirtikumar M. Vaidya, M.B.B.S. (Founder Managing
Trustee) with the blessing and inspiration from Sant Shri Ranchhod Dasji
Bapu. Dr. Vaidya left Mumbai 50 years back and settled in VANSDA, to
work for the Holistic Development of the Tribal villages of south
Gujarat, as a full-time Medico Social Worker. At present, he is working
in 320 villages of Vansda Taluka for their development from all the
perspectives like Education/Health/Agriculture/Water Management/
Environment etc.

The 20 Participants planted Mango saplings at
the farmer’s field at Vansda in their pursuit to support the environment
and take steps towards the “Green” initiative.

Captive plantations of Mango trees on the farmer’s field would generate regular income for them in future.

The
participants enjoyed Lovely Monsoon of Dharampur as well as had
wonderful opportunity to learn about the lots of noble activities
carried on by Dhanvantari Trust selflessly.

Lecture Meeting – How to achieve success in CA final exam on 30th July 2015

We,
at BCAS, always cheer and compliment successful CA students.
Simultaneously, we recognise that many students missed to achieve
success in the CA exams. Appearing and performing well in all the CA
Exams is the dream of every CA student.

Recognising the need and
urgency of imparting the special guidance to the CA students, Human
Development & Technology Initiative (HDTI) committee of BCAS jointly
with Rajasthan Vidhyarthi Gruh (RVG Hostel) and WICASA of ICAI had
organised two important lecture meetings on 30th July 2015 and on 21st
August, 2015 to help the students to understand and cope up with
preparation and pressure of CA Exams successfully. CA Atul Bheda and CA
Mayur Nayak delivered the talks. Both the learned speakers did share
lots of success mantra with the students.

Students
immensely benefitted by attending these two important lecture meetings.
These two lecture meetings would certainly help them to prepare better
for the forthcoming CA exams. It would also help them to perform better
as an article student in the office.

In the 2nd lecture meeting
which was held at the Indian Merchants’ Chambers on 21st August, 2015,
the recently qualified CA Final student from very humble background from
Pune Shri Mahesh Londe was felicitated by our Past President Shri
Narayan Varma. His sheer magnifying presence and address to all the
students present there motivated them a lot.

Indirect Tax Study Circle Series on GST

The
Indirect Tax Study Circle of the Society conducted a GST Series
Meetings comprising of 3 meetings on 4th July 2015, 18th July, 2015 and
on 1st August 2015 to discuss various aspects of proposed GST law, a
long pending most important indirect tax reform in this country. The
objective of the program was to educate the members about the broad
framework of GST and to identify brain trust issues on which the members
may deliberate in the forthcoming study circle meetings for possible
solutions. This will help the members in guiding their clients and
business community at large, to prepare them for the emerging law.

In
the first meeting, Adv. Shailesh Sheth addressed the members on the
Topic – ‘Why GST?’ The members discussed issues facing current indirect
tax structure in India, ideal GST framework, the similar law prevailing
in other countries and GST as a possible solution in India. In the
second session, CA Jayraj Sheth dealt with GST provisions from Indian
perspectives. He broadly addressed the members about historical
background of GST in India and proposed GST framework in India. In the
last meeting, CA Parind Mehta enlightened the members about the
intricacies of the 122nd Constitutional Amendment Bill 2014. Members
also discussed the requisites of the IT framework in the GST. The
members gained around 10 Hrs of knowledge and learning experience.

The
endeavour of the society cannot be overemphasised in paving a way for
participating in the law making process of the Government in relation to
new tax on goods and services replacing number of existing laws from
the angle of smooth transition, minimising ambiguities and
uncertainties.

Mr.
Ganesh Rajgopalan and Mr. Rutvik Sanghvi, the learned speakers for the
lecture meeting held on 29th July 2015 at the Jai Hind College
Auditorium covered various aspects of income tax returns such as the
persons obliged to file the tax returns, various types of income tax
returns, due dates of filing and the truck load of amendments brought
about in the income tax returns.

The
speakers drew attention to the major amendments brought in the income tax
returns – disclosure of all bank accounts in India held by an assessee at any
time
during the year, amended 

Foreign Assets schedule whereby additional information
is required to be given, disclosure of Passport number etc. They emphasised on the terms ‘beneficial owner’ and ‘beneficiary’, understanding of
which is a must while making disclosures in the foreign assets schedule. They
threw light on the minor amendments made in Schedules for House Property,
Business Profession, Capital Gain, Other Sources and Exempt Income. At the end,
they explained the entire process of e-filing of the return, linking of Aadhar
card to PAN and other alternatives for verification of the return.

Society News

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Students’ Lecture Meeting on 24th February 2015

Lecture Meeting on Performance evaluation of the Board of Directors including Independent directors, on 25th February 2015

On 25th February 2015, Ms. Smita Anand, Leadership & Talent Consulting, India & Head, Board/CEO Succession, Asia spoke on Governance matters: Performance evaluation of Board of Directors including the independent directors, at the IMC.

The speaker gave an overview of how governance matters at the Board level and how to differentiate between high performance boards and also-ran boards. She took the audience through some of the common issues faced in under-performing boards such as lack of strategic alignment, poor team dynamics, lesser role clarity, poor process driven management and wrong board make up.

She discussed at length as to how a board can move from process-driven approach to behaviour-driven approach. A company can grow from being a foundation board by having basic compliance in place, to a developed board which takes care of future proofing and basic compliance to an advanced board that takes into account high performance, future proofing and basic compliance, and finally, the strategic board that has its strategic assets in terms of world class insights, relentless focus on tomorrow and all the rest of the parameters of an advanced board.

Finally, the discussion was summed up on the 6 pivotal areas which lay the gold standard for good governance in companies.

Students’ Lecture Meeting on How to Succeed in CA Exams – Success Mantra and Practical Tips, on 24th February 2015

This lecture meeting was held at RVG Hostel, Andheri West, Mumbai. CA. Mayur Nayak, Past President, Chairman of Human Resources Committee of the Society conducted his 3rd Program on the topic for the benefit of Students pursuing CA. This session was basically conceived on the technicality of handling the pressure of Exams and various situations they personally come across during this period. His presentation covered the technique of dealing with fear of failure, lessons from the nature & law of Karma. He also gave various demos of exercises for keeping oneself calm during the exams. Students present gained immensely from the knowledge and technique shared by the eminent speaker.

Lecture Meeting on 2nd March 2015 on the Finance Bill (Economic and other aspects)

This lecture meeting was held jointly with Nani Palkhivala Memorial Trust, Forum of Free Enterprise, M.R. Pai Foundation, The A.D. Shroff Memorial Trust, Council of Fair Business Practices at Patkar Hall, New Marine Lines, Mumbai. Mr. H. P. Ranina, Noted Tax Expert & Mr. Yashwant Sinha, Former Union Finance Minister delivered a talk on various aspects of the Union Budget 2015-16 Members present gained immensely from the knowledge shared by the speaker.

Mentoring Seminar on 26th February 2015

The Membership & Public Relations Committee has launched its mentoring program at L. N. Welingkar Institute of Management Development and Research, Mumbai. This unique program endeavours to bring together young chartered accountants (mentees) and some handpicked seniors from the CA profession (mentors). Over a span of 6 months, the mentors will coach, guide and support their mentees in their professional journey so that the mentees are better equipped to achieve their career goals and visions. Participants immensely benefited from the session they attended and the journey continues.

Lecture Meeting on Direct Tax Provisions of Finance Bill, 2015 on 4th March 2015

Mr. S. E. Dastur, Senior Advocate, addressed our members on the Direct tax provisions of the Finance Bill 2015. Mr. Dastur explained the impact of the proposed amendments, highlighting instances of grey areas.

In regard to the proposed amendment in the definition of a resident applicable to foreign companies, he felt that the definition, of place of effective management, as proposed would lead to hardship and litigation.

Regarding the threshold set at 50% for the word ‘substantially’ in the proposed explanation 6 to Section 9(1), with reference to indirect transfers, Mr. Dastur pointed out that though the amendment was in consonance with the recommendations of the Shome committee, the word substantial would ordinarily mean something much more than 50%. Commenting on amendment to the proviso to Section 2(15), he felt that, the limit of 20% of receipts from any activity in the nature of trade, commerce or business, as against an absolute limit of 25 lakhs may actually affect smaller trusts adversely.

The speaker was critical of the amendment to section 263. In his opinion, extending the power to revise an order of an assessing officer, on the ground that it was passed without making inquiries or verification, would lead to extensive litigation, for as to what constituted sufficient inquiry or verification was a very subjective matter.

Mr. Dastur commented on a number of other provisions, in the finance bill. His presentation was of immense value addition to all, those present at the venue, as well as those, who heard him through the live web cast.

Udat Abeel Gulal on 5th March 2015

It was a proud moment for BCAS and BCAS Foundation to organize a music concert “Udat Abeel Gulal”, together with a few other organizations at the Bharatiya Vidya Bhavan on 5th March, 2015 in aid of Vicharata Samudaya Samarthan Manch (VSSM), an NGO dedicated to the cause of nomadic tribes. Attended by a large audience, it started with jugalbandi of Santoor and Saraswati Veena by very senior maestros Shri Snehal Muzoomdar and Shri Narayan Mani. They were 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 an atmosphere for celebration of spring with quotes from Kalidasa and Rig-Veda. Narrating the ethos of the theme, he said when season of Basant arrives, 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. The musicians were accompanied by vocalists Nupur Joshi and Gayatri Narayan. A Fine balance of melodious music with perfect percussion left the audience completely mesmerised.

The second session, “hori rasiya and haveli Sangeet” began with an introduction of the session by compere mihir Sheth, touching hearts of audience with his imaginative description of hori (holi) played by Krishna and Gopis    in Brindavan. Creating the atmosphere of ras, raga 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 bliss appropriate to the festival of holi. the second session began with hori raga and haveli Sangeet devotedly sung by Shri Hemang Mehta evoking great response from the audience. Smt. Sraboni Chawdhari, another accomplished artist delighted the audience with her thumris, followed by Shri mangal mishra who enthralled the audience with his captivating voice singing Bandish and haveli Sangeet. Each artist performed with a unique style creating  a sheer magic  on audience which was deeply intoxicated with nectar of bliss as promised.

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. The  musicians  were  accompanied  by  vocalists Nupur  Joshi  and  Gayatri  Narayan.   A  fine  balance  of melodious music with perfect percussion left the audience completely mesmerised.
 

This event also provided opportunity to the audience to see the presentation of the great work being done by Ms. mittal patel of Vicharata Samudaya Samarthan manch (VSSM) who spoke of the challenges that the wandering, nomadic tribes live with. She made emotional appeal to the audience to be sympathetic to their cause saying that they are denied even a right of existence. audience was most receptive and with the result VSSm could collect donations of approx. rs. 6,50,000/ for a worthy cause.

Budget meeting on indirect Tax provisions of the Finance bill, 2015 on 11th March 2015

The lecture meeting was held at Walchand hirachand hall, IMC. Mr. Vikram nankani, Senior advocate addressed the audience on various aspects of indirect tax provisions of the finance Bill, 2015. Mr. Nankani discussed about the increase in service tax rates and detailed provisions on revising penalty rates for Customs, excise and Service tax. He explained the amendment to various sections such as section 78(B), section 67 and the significant change in terms of a service rendered by a Government or local authority through a business entity he also covered the significant changes made to section 73(1)(b) –recovery of
 
Service tax amount in self -assessment where a liability is arrived at, and in his view it violates all the canons    of natural justice. He also welcomed the change with reference reverse charge mechanism (including partial reverse charge),

Mr. nankani also discussed the changes with reference to fema provisions.

Workshop on power of Visual Communication on 14th March 2015

Membership & public relations Committee had organised this Workshop at BCA Society Office, Mumbai for Women CAS  &  CA  Students.  Ms.  himani  Shah,  trainer  in  her session covered the topics such as first impression, power dressing, defining authority with visual communication & grooming. the purpose of the workshop was to empower the women participants with the tips to project a powerful image at their workplace. 30 participants attended and benefited from the expert deliberation of the faculty.

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BCAS Cricket Festival 2015 on Saturday, 21st March 2015

Amidst the World Cup fever, the Membership and Public Relations Committee of the BCAS organised the ‘Annual BCAS Cricket Festival 2015’ on Sunday, the 21st of March 2015, at The Jsm P. A. Mhatre Academy, Juhu under floodlights. The festival received a great response from the Core Group members, their families, BCAS Youth and BCAS Staff. More than 45 players registered for the event, and to keep the spirit live the players were divided into 3 teams–Red, Blue and Yellow. The teams were lead by the President, Vice President and Immediate Past President respectively. True sportsmanship and the spirit of the players, supported by the cheerful crowd, along with the DJ and live commentary made this evening a complete event.

There were two matches played. The first of those matches was played between the President XI and the Vice President XI, led by Shri Nitin Shingala (Red Team) and Shri Raman Jokhakar (Blue Team) respectively. The match was fiercely fought by both sides. The match was won by the Vice President XI in the last over. The decider was then played between the Vice President XI (Blue team) and the defending champions of the previous edition of the BCAS Cricket Festival led by Shri Naushad Panjwani (Yellow Team).

The match saw some good performances. Shri Anand Bathiya (Yellow Team) put all doubts to rest by slamming four sixes in one over and helped them to retain the title.

The following players received awards for their great performances:

The festival concluded with a sumptuous buffet dinner

Lecture Meeting on Climate Control – The World in Transition on 25th March 2015


The meeting was held at the Society Office, Mumbai. Mr. Joachim Golo Pilz, Advisor Renewable Energy, Brahma Kumaris, shared his insights on climate control. Green and clean technology offers one pathway to improving our relationship with Earth and building sustainable energies. He mentioned that real change in any social or environmental systems must begin, and be sustained in the minds and hearts of human beings. What the world needs is a profound shift in awareness – a shift in the thinking – that has created our current environmental crisis. He emphasised the role of accountants in bringing about a paradigm shift in the way resources are valued and accounted for by each stakeholder. Members present gained immensely from the knowledge shared by the speaker.

Lecture Meeting on Foreign Assets, Recent Disclosures & Related Developments on 15th April 2015

The meeting was held on 15th April, 2015 at the Walchand Hirachand Hall, IMC, Churchgate. The learned speaker, Mr. Dilip J Thakkar, spoke to a packed audience on the very topical subject of “Foreign Assets, Recent Disclosures & Related Developments”. Mr. Nitin Singhala, President of the BCAS, welcomed the audience and gave his introductory remarks.

Mr. Thakkar, in his opening remarks stated that when the topic was allotted to him it was more from the developments on the now famous “HSBC” bank accounts case. However subsequently the bill on black money, namely; “The Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015 wast tabled in the Parliament and therefore he agreed to cover the salient features of the bill for the benefit of the audience.

Mr. Thakkar informed the gathering the manner in which the Indian Government got hold of the stolen data from the French Government. He then shared the experiences of the alleged account holders and the manner in which the assessments have been completed by the department. He narrated a few instances of how NRIs have been taxed on the income earned by them even though they are not liable to any tax on such income in India. He then discussed the various salient features of the new bill He felt that some of the provisions were stringent and brought back memories of FERA regime.

In the question answers session Mr. Dilip J. Thakkar cleared all the queries that were raised. The meeting was indeed a great learning for the participants.

The members may note that there was no audio or video recording of the lecture meeting.

Workshop on “Practical Issues in Tax Deduction at Source” on 10th April 2015

The Taxation Committee of BCAS has organised this workshop at Navinbhai Thakkar Auditorium, Vile Parle (East), Mumbai. The workshop was intended to keep the professionals updated with the recent developments in this field and the constant changes both in the regulatory as well as the compliance aspects of TDS provisions.

The following topics were covered at the workshop:

 
The workshop was a resounding success. All the key issues and challenges faced by professionals due to frequent changes in the law were addressed in detail. Many useful tips/steps were shared with participants to ease the process of getting TDS certificate u/s. 197.

5th Residential Study Course on IFRS/Ind AS from 19th to 21st February 2015

The 5th Residential Study Course (RSC) was organised by the Accounting & Auditing Committee of the Society in the lovely environment of Leadership Development Academy of Larsen & Toubro Limited at Lonavla in mid-February 2015.
Papers on the following topics were discussed/presented:

The group leaders competently discussed the paper in groups and communicated issues/concerns to each paper write before the papers were presented by the speakers. Group Leaders were Bharat Jain, Paresh Clerk, Prashant Daftary, Vijay Mehta, Hiren Shah, and Prasad Godse.

The RSC ended with a positive feedback from the participants expressing once again the need for this annual course.

 The CDs containing papers and presentations discussed at the RSC will be released very soon.

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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.

Society News

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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.

Society News

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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.

Society News

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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.

Society News

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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.

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.