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Direct Tax Dispute Resolution Scheme, 2016

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13th
September, 2016


Ms Rani Singh Nair

Chairperson

Central Board of Direct Taxes,

Ministry
of Finance

New
Delhi.

 

Dear
Madam

Sub:
Direct Tax Dispute Resolution Scheme,
2016

We
write to you on behalf of members of our respective organisations and also on
behalf of the citizens of India at large.

We
wholeheartedly support the initiative of the Government of India for reducing
the huge backlog of litigation by providing a window to the litigants to settle
the matter by paying some amount of tax/penalty/interest and withdraw the
pending appeal(s).

In
principle, the Direct Tax Dispute Resolution Scheme, 2016 is a step in the
right direction for achieving the stated objective. In order to make the Scheme
more successful and thereby reduce the backlog of pending appeals as well as
unblock the massive amounts of disputed tax demands in the country, in the
interest of the tax paying community and in the larger interest of the nation,
we would like to drawn your kind attention to certain issues that arise from
the Scheme. These issues have not been addressed in the clarifications issued
on 12th September.

We
earnestly request you to kindly issue clarifications on these issues at the
earliest. Upon receipt of the same, we shall give it extensive publicity
amongst our members as well as amongst the tax paying community.

Assuring
you and the Government of India our fullest support in the massive nation
building exercise that is in progress,

We
remain,

Yours
sincerely,

                                                                                   

Chetan
M. Shah                                                            Raju
C Shah  

President,
                                                                     President,

Bombay
Chartered Accountants’ Society
             Chartered Accountants’ Association – Ahmedabad

 

                                                                                   

Hitesh
Shah                                                                  Raghavendra
Puranik

President                                                                       President

Chamber
of Tax Consultants                                  Karnataka
State Chartered Accountants’ Association

Dhruv Seth

President,

Lucknow
Chartered Accountants’ Society

Twitter Treats

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When the Constitutional Amendment Bill to pave the way for GST was passed, the world of Twitter was flooded with GST related tweets. Some of these are shared below for our readers:

@adhia03
We are ready with state of art IT design for GST implementation. Hardware and software will all be ready for testing by january 17.

@v_shrivsatish
Passing of 15 bills including that of GST shows the maturity and the real spirit of cooperative federalism reflected by meaningful debates.

@bhawnakat
In the Lists of items that can’t be understand GST reached at second place!! Wife’s mood still on top

@MVenkaiahNaidu
Congrats to d people of Assam and its CM Shri @ sarbanandsonwal 4 becoming d 1st State 2 ratify GST bill. This time North East has taken lead

Twitter Storm of the month
Often, a controversial tweet by a well known personality causes a storm in the world of social media. This month, there was one such controversial tweet by well known socialite Shobhaa De. Her tweet criticising the Indian contingent’s performance at the Rio Olympics evoked immediate response. Her tweet and some of the responses are reproduced below:

@DeShobhaa
Goal of Team India at the Olympics: Rio jao. Selfies lo. Khaali haath wapas aao. What a waste of money and opportunity.

Abhinav Bindra @Abhinav_Bindra
@DeShobhaa that’s a tad unfair. You should be proud of your athletes perusing human excellence against the whole world.

Nishant Gambhir @madnish30 Aug 8
Not even worth a selfie. If scaring babies was Olympic sport, @DeShobhaa would strike gold!

Ra_Bies@Ra_Bies
By the time our kids put their feet in the swimming pool & scream “Mummy paani bahut thhanda hai”, Micheal Phelps wins another gold medal

#USA @CJBForHeisman Aug 8
If you ever feel useless just remember that someone is a lifeguard for the Olympic #swimming events Ra_Bies

@Ra_Bies 2h2 hours ago
Bill for 6 months maternity leave for women passed. Too glad, ultimately parliament delivered

Zeddonymous @ZeddRebel Aug 10
Trump voter: “I like Trump because he says exactly what he means.” Trump: ‘Somebody shoot my opponent’ Trump voter: ‘He didn’t mean that’

@_Buddha_Quotes
Let no one deceive another or despise anyone anywhere, or through anger or irritation wish for another to suffer.

@FinMinIndia
Till 5th August 2016, about 20.81 lakh refunds for AY 2016-17(current year returns) totaling Rs 2,922 crore have been issued by IT dept

And here are this month’s recommendations of famous people that you can follow. This time, the celebrities are from the corporate world.

Aanand Mahindra @anandmahindra
Harsh Mariwala @hcmariwala
Kiran Mazumdar Shaw @kiranshaw
Nita Mukesh Ambani @NitaMAmbani
Bill Gates @BillGates
Richard Branson @richardbranson
Ronnie Screwvala @RonnieScrewvala
Uday Kotak @udaykotak
Sajjan Jindal @sajjanjindal59
Harsh Goenka @hvgoenka

Banking overhaul

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Most of the current discussion on Indian banks is naturally focused on the bad loans mess.

Reserve Bank of India governor Raghuram Rajan has done well to highlight more fundamental challenges as well. The banking system is a mess at various levels. The multiplicity of regulators has led to poor outcomes. Bank boards have few powers. The government often uses the banks it owns to further its political goals. There is no reason to have central bank appointees on bank boards. The lack of talent means a missing middle in organizational charts. Bank officials are often generalists rather than specialists.

All this creates a problem of perverse incentives.

An organizational overhaul is overdue. So is a regulatory one. But these will take time. The longer they take, the more market share will public sector banks lose to more nimble private sector competitors. People in the financial markets are already describing the process as privatization by stealth. Will it be the airlines story all over again?

(Source: Mint Newspaper dated 17-08-2016)

Lesson for the state

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Abhinav Bindra bowed out of the Olympics and signed off on his career with a brave performance that came within a whisker of securing him another medal. Sania Mirza and Rohan Bopanna suffered heartbreak in the tennis mixed doubles semi-finals. Dipa Karmakar has pushed herself to the limit, as has the rest of India’s Olympics contingent. Union sports minister Vijay Goel, meanwhile, has managed to earn an official rebuke from organizers who threatened to cancel his accreditation for allegedly unbecoming and aggressive behaviour.

This feels like a teachable moment-a particularly apt one at the time of India’s 70th Independence Day.

Ordinary citizens trying to do their best while the state absents itself from giving them adequate support? Check. The state making its presence abundantly known where it has no business? Also check.

We’ve seen this plenty of times before in every walk of life. It’s time to actually learn the lesson.

(Source: Mint Newspaper dated 15-08-2016)

Waiting for justice: Resolve the faceoff over judges’ appointments fast, it is really hurting citizens

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In the year 2016 Indians deserve a modern and streamlined judicial system. Instead what they are stuck with is a deficient structure groaning under a great pendency of cases. And the crisis only seems to be worsening, as a bench headed by Chief Justice T S Thakur has accused government of bringing the judiciary to a standstill by stalling judges’ appointments.

This eyeball to eyeball confrontation is part of a prolonged battle over the procedure to appoint judges. While the judicial collegium is criticised for opacity and favouritism, the National Judicial Appointments Commission, which envisaged a broader panel to choose judges and was passed by Parliament, was struck down by the apex court in October 2015.

The longer government and the collegium take to finalise a new memorandum of procedure to appoint HC and SC judges, the more citizens awaiting justice suffer. In practical terms, the high courts are now operating with 44.3% vacancies; pendency has risen to four million cases.

Any attempt at securing justice is an ordeal on its own, and financially ruinous for many people. As the CJI himself has noted, “By the time an appeal can be heard, the accused would already have served a life sentence.” Clearly the current clash of wills between the executive and the judiciary has only worsened matters. Remember that appointments had also remained frozen for nearly a year when the apex court scrutinised the constitutional validity of the proposed NJAC. Instead of wallowing on their respective sides of the legal logjam, both government and the judiciary must show much more teamsmanship – not only to finalise a new procedure to appoint judges but also to implement broader reforms to remedy judicial delays.

(Source: The Times of India dated 15-08-2016)

Representation in respect of the Model Goods and Services Tax Law.

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18th August, 2016

To,
Mr. Ravneet Khurana,
Deputy Commissioner (GST),
CBEC, Ministry of Finance,
Directorate General of Goods & Service Tax
NACEN, Centre of Excellence, 3rd Floor,
Tower 3 & 4, NBCC Plaza, Pushp Vihar,
Sector -5, Saket, New Delhii- 110017.

Dear Sir,

Subject:- Representation in respect of the Model Goods and Services Tax Law.


We enclose herewith our representation and suggestions in respect of the Model Goods & Service Tax Law, for your consideration.

We sincerely hope that our representation would receive favourable consideration.

Thanking you,
We remain,
Yours truly,

For Bombay Chartered Account ants ‘ Society

Chetan Shah
President

Govind G. Goyal
Chairman – Indirect Taxation Committee

GOODS AND SERVICE TAX SUMMARY OF IMPORTANT REPRESENTATIONS

1. Structure Of GST

1.1. Currently, the role of the GST Council under Article 279A is merely “recommendatory” in nature. This could result in some States deviating from the model GST law or the substantive provisions therein. Since GST is an indirect tax ecosystem, with each constituent dependent on another for smooth implementation of the law, it is suggested that though the role of GST Council under Article 279A is merely “recommendatory” in nature, the Centre as well as the States respect all the recommendations made by the GST Council and do not deviate from the same.

1.2. One important reason for the implementation of GST is to bring about uniformity of taxation across the country. It is therefore strongly recommended that the exemptions, rate of tax, classification and all other rules should be uniform for all the States. It may be noted that any deviation by a particular State can result in tax arbitrage, distortion of business processes and increased business compliances. Further it would also complicate the operations of the GST Network and could derail the entire GST Mechanism in the country.

1.3. The Constitution as well as the model GST Laws provide for the notification of the effective date from which GST will be implemented. It is recommended that this effective date should be common for all the States and that GST should be implemented from the first date of any financial year. Further, it is recommended that sufficient time should be provided to the industry and the Department Officers to prepare for GST and therefore, all relevant information should be made available in public domain at earliest opportune time.

2. SUPPLY

2.1. Section 3(1) and Schedule I of the model GST Law provides for taxation of supplies whether they are made for a consideration or otherwise. This can result in many difficulties and unforeseen situations of tax liabilities. Essentially, free supplies of not only goods but also services will become taxable. For example, retail chains providing products under free scheme would be required to discharge GST. Similarly, a common citizen downloading free software from the internet and using websites like Google, Facebook, etc. will be exposed to GST. Volunteers and NGOs will also be required to discharge GST on activities carried out by them without any charge.

2.2. It is therefore recommended that supplies should be taxed only if there is a consideration. Supplies made without consideration, especially in the case of services, should not be taxed.

2.3. Further, if the intent is to tax branch transfers, only such branch transfer of goods should be deemed to be supply and the term should be clearly defined to include only goods transferred from a branch in one State to another branch in another State for the purposes of further manufacture or resale.

2.4. The proviso inserted in Schedule I excludes supplies to the job worker following procedure under Section 43A. As per Section 43A, there is requirement to obtain permission from the Commissioner for such exempt movement of goods on account of job work. Such requirement for permission would not only increase the process time but would also conflict with the core attribute of GST being system driven.

3. NATURE OF SUPPLY

3.1. Under the model GST Law, on a reading of the definition of goods u/s 2(48) and services u/s 2(88), it appears that only supply of money and employment services are excluded from the scope of supply. This results in certain cases where the transaction is essentially of investment and not of consumption (like immoveable properties and securities) becoming liable for GST.

3.2. It is therefore recommended that supplies of immoveable properties and securities should be excluded from GST

4. TIME OF SUPPLY

4.1. Sections 12 and 13 of the model GST Law provides for complicated provisions requiring discharge of GST at the earliest of 4-5 trigger points. This should be done away with, since the provisions relating to time of supply do not create a tax liability but only state the time of paying the liability

4.2. It is therefore recommended that the time of supply should be the date of invoice. As an anti-avoidance measure, if required, the law may prescribe a maximum time (currently 30 days under the service tax law) from the date of removal of goods/ completion of service for the raising of the invoice

5. VALUE OF SUPPLY

5.1. The model GST Law provides for inclusion of various amounts in the value of the taxable supply. Since each of the specific inclusions in the value under Section 15(2) is an independent supply liable for GST, such inclusions are uncalled for and would result in double taxation. It is therefore recommended that the provisions for such notional inclusions should be done away with and only the consideration should be included in the value of supplies

6. PLACE OF SUPPLY

6.1. High Seas Sale should be excluded from the purview of IGST since the subsequent transaction is a subject matter of Customs Duty

6.2. The benefit of ‘zero rating’ provided under Section 2(109) to exports should be extended to deemed exports and supplies to SEZ, EOU and STP

6.3. It should be clarified that the location of supplier under Section 2(65) would be determined based on the person/establishment entitled to receive the consideration, this would bring parity with the definition of location of recipient of service.

6.4. Section 6(4) provides for the source rule in case of services connected with immoveable property. The said rule should cover only services “directly in relation to immovable property…” and should not cover services connected with vessels since they are moveable in nature

6.5. In case of re-classification issues between IGST vs. CGST/SGST, the respective Governments should internally transfer the funds and not require the assessee to once again pay the tax. Similar relaxation should be provided in case of issues of interpretation of place of supply in case of IGST transactions. Section 30 of the IGST Act may be suitably amended.

7. INPUT TAX CREDIT
7.1. Since GST has comprehensive coverage, all credits should be allowed. In fact the FA Q issued by the Government clearly acknowledges that it is a tax on value addition at each stage and there would be no cascading effect. In the light of this core aspect of GST, the restrictions provided under Section 16(9) should be done away with.

7.2. Genuine Credit should not be denied merely due to non reflection in the GST Network. The provisions for reversal of credit on account of mis-match under Section 29 should be done away with.

7.3. Non payment of tax by the vendor should not result in denial of credit to the taxpayer. The condition under Section 16(11)(c) should be deleted.

7.4. Input Service Distributor should be permitted to freely transfer the credits to any of its’ branches. Provisions of Section 17 should be suitably amended.

7.5. The current CENVAT Credit Rules defer the entitlement of credit in certain cases to a future date. While transition provision has been enacted for the claim of credit of second instalment of capital goods, many other transition provisions are not incorporated. It should therefore be provided that in all cases where the credit would have been allowable under the erstwhile CENVAT Credit Rules, the same should be permitted under the GST Law as well. Some examples are listed below

• Re-credit of service tax under proviso to Rule 4(7) in case of delayed payment to the vendor.
• Re-credit of amount revered under Rule 6(3) on finalisation of ratio of exempted turnover to total turnover
• Delayed receipt of invoices from the vendors
• Staggered Credit in respect of Spectrum Payments

8. RATES AND EXEMPTIONS
8.1. Threshold of Aggregate Turnover of Rs. 10 lakhs is across all States, includes exempted and exported supplies and therefore is fairly low when compared to the excise threshold of Rs. 150 lakhs. This will result in substantial hardship to small entrepreneurs. Further, this will also result in substantial increase in the number of assesses to be administered by the Centre (a rough estimate suggests at least 40 times the current bench strength), resulting in a huge pressure on the officials as well as on the network. It is therefore suggested that the aggregate turnover for exemption should be Rs. 50 lakhs with an optional compounding scheme upto Rs. 150 lakhs.

8.2. Exemption provided for agriculturist under Section 9 needs to be extended to cover agricultural produce throughout the supply chain. Further the definition of agriculture under Section 2(7) needs to be widely provided and activities like poultry, diary, etc. should be considered as part of agriculture.

8.3. At present, various tax exemptions are provided to units set up in specific areas. The said exemptions should also continue under the GST law since the units were set up in those areas due to the tax benefit provided. The government should provide clarity on the same.

8.4. In view of the comprehensive coverage and the self policing nature of GST, the base for taxation would increase fundamentally. Therefore, the revenue neutral rate suggested by the Arvind Subramaniam Committee is fair and adequate to meet the revenue requirements of the Centre and the States. It is therefore recommended that the standard rate of GST should not be higher than 18%.

8.5. The rates of GST need to be realigned considering the current rate structures. Many products which are currently exempted or liable for a very low rate of tax should not be directly moved to the RNR but either the exemption should be continued or such products should be kept under the merit rate.

9. REFUND
9.1. Section 38
allows refund only in two situations i.e. Export and Inverted Duty Structure. However, refund should also be allowed in cases where the credit which is accumulated due to other reasons.

10. PROCEDURAL ASPECTS

10.1. The model GST Law provides for strict timeline for various compliances as under
• Filing of Details of Outward Supplies by 10th
• Filing of Details of Inward Supplies by 15th
• Filing of Return by 20th

10.2. S ince transaction level details are to be uploaded onto the GST Network, the above timelines are too short. Considering the diversity of the country, with frequent power cuts and unavailability of internet network in many parts of the country, these timelines cannot be complied with. Further, the volume of data to be uploaded on the GST Network is unprecedented and we do not have any prior benchmark of the same. Therefore, it is suggested that for the first two years, the time lines provided above should be relaxed and based on the stability of the new system, the timelines can be revisited

10.3. There is no justification to subject the taxpayer to two assessments for the same base and similar law. It is suggested that some suitable allocation of the taxpayers be decided such that some taxpayers are assessed by the State Authorities and some taxpayers are assessed by the Centre.

10.4. There are very wide powers to make rules, prosecution, confiscation, etc. which should be avoided. All such provisions merely result in harassment of the asssesees and reduce the ‘ease of doing business’ without any corresponding benefit to the exchequer.


Brexit- A Few Thoughts

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Query:
Why Britain separated from EU? What are its implications on – Britain, EU, and on India.

I submit my views.

Summary:
Britain is already on a downward slide. By exiting from European Union, it has hastened its fall. It is a non-event for rest of the world. Unless…the Britishers wake up and put their act together.

There is nothing unique in Britain’s tendency to bring harm upon itself. India has done it repeatedly. US is doing it right now very seriously.

1. Details.

History is Process Driven :
In studying human history, we tend to look at events. This is micro view. It would be better to look at the whole process that has resulted into the event; and then see:

(i) What caused the event;
(ii) If the process continues, what can be the consequences; and
(iii) If the process stops or reverses itself, what can be the consequences.

For this we also have to consider the human psychology, and the laws of philosophy. Realise that the process itself consists of several cycles – some virtuous cycles and some vicious cycles. The cycles keep changing in several manners – speed, intensity, direction etc. The interaction of all these cycles produces several events. We notice some.

This may be the practical Macro view, encompassing more than what the economists call a “Macro View”.

2. The British Process of Exit:
2.1 The Britishers left EU because, they still believe – majority still believes – that they are superior to rest of the world. (This is a universal human weakness). And their currency – Pound sterling is the best currency. They cannot be subordinate to anyone. EU was perceived as – making them lose their sovereignty and hence unacceptable. This was the first cause.

2.2 British economy is downhill. There is unemployment. The American economic crisis of the year 2008, has only exacerbated the British economic crisis. All the supply of additional money (Bail outs & Quantitative Easing) has not lifted the economy. People who are unemployed are dissatisfied with their own Government; EU Government and with many other causes that they can identify. After changing the British Governments, economy has not improved. So what do you do? Can’t change EU Government. So leave EU.

2.3 The U.K. current account deficit at 7% is an all-time high. With Brexit this deficit is likely to increase. This will devalue the sterling pound further. However, some believe it is good for Britain. Hence leave EU.

2.4 Despite the fact that British economy is down, the perception of majority of Britishers is that EU is dysfunctional and is a sinking ship. So leave EU.

2.5 The EU policy is that any citizen of EU can move anywhere within EU and can settle down anywhere that he likes. People from Eastern Europe and many countries where economy is far worse than in UK, did migrate into the UK and started working there for a lower pay. This was perceived as causing unemployment amongst the Britishers. This perception ignored the fact that many Britishers live in EU.

2.6 The Syrian refugee crisis exacerbated the fear of unemployment. Sheer number of refugees, and the fact that almost all of them were Muslims, made them unacceptable. And then media publicized news that the refugees were raping European women, terrorists enter Europe with refugees etc. These are big reasons for making refugees unacceptable. But refugees cannot be prevented from entering Britain as long as Britain is part of EU. So leave EU.

Remember the year 1971 when more than a crore of Bangladeshi refugees came into India. Western World advised India to accept them on humanitarian grounds. The refugees are still in India. At Wadala – Antop Hill, there is a whole area known as Bangladeshi Colony. This is just one of the areas spread all over India.

Also note that the USA – which is at the root of the Syrian crisis is not affected by the refugee crisis.

2.7 Then came a sheer coincidence. Cameron made a promise in his election campaign that he will call for a referendum – ‘whether UK should continue in the EU or not’. Having made the promise, when he won election, he was duty bound to call for the referendum. Cameron himself believed that UK should continue with the EU. He had made the promise just to get more votes. If no referendum was called, there would be no exit. But the referendum was called and there is BREXIT.

There were people who were dissatisfied with the EU for psychological reasons. Economics & Geopolitics were not on their mind. They seized the opportunity, canvassed heavily for exit. Most Britishers do not understand Global politics & economics. They only know whether they or their close ones have lost their jobs. People canvassing for Brexit also did not expect a win. When they won the referendum, they were shocked and went in the background.

3. Impact:
3.1 “United we stand & divided we fall” is understood by all. However, this is practised by few. European Union together is the largest economy. It can influence global politics and even challenge US influence. When one unit out of the Union separates, the strength of the Union certainly goes down. Hence, to that extent EU will suffer. To that extent, US might be happy.

3.2 Culturally and psychologically, Britain and Europe have always considered themselves separate and different. British ego increased and sharpened that separation.

However, the irony is that Britain is seeking to delay the exit whereas EU is working for an early exit.

3.3 Also, Britain has no strong leader. It is not in a position to impact world sentiment, leave aside world economics and politics. Its own economy is in doldrums. By exiting EU, worst sufferer will be UK. Pound sterling has already lost 10% of its value since the exit vote making import of raw materials and consumables expensive. This increases both the cost of production and cost of living – impacting industry, jobs and the common Britisher. Scotland and Ireland are reviewing their relationship with Britain.

3.4 If we consider the theory of “Butterfly Effect”, everything affects everything. There will be some impact on India as our exports to UK will become expensive. But the impact will be so small that does not merit discussion. Because of Brexit Netherlands, one of EU’s founding members will call for a UK like referendum and Hungary’s forthcoming October referendum will be on EU migrant policy. Mr. Geert Wilders leader of the Party for Freedom of Netherlands in the party’s manifesto has pledged to withdraw from EU. As opposed to this Germany is working for ?better Europe’ and not `more Europe’. Despite these developments E.U. will still be the second largest economy. Hence I am of the opinion that there will be little impact on world economy.

4. Principles of analysis :
Considering an event and then trying to project future events and consequences – amounts to ignoring an important principle of analysis. Human beings are an important cause of all the cycles and the total process. After the event, they are not going to sleep. They will act. How they will act will affect the cycles and hence future course of events. How humans will act in future is a difficult matter to project and I cannot cover it in this brief article. Hence my view: Future was always unpredictable, and will remain unpredictable and

‘Brexit is a non-event’.

Representation on Model GST Law

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29th August, 2016

To,
Shri Arun Jaitley
The Finance Minister
Government of India
134/North Block
New Delhi – 110 001

Respected Sir,

Subject:- Representation on Model GST Law

This is with reference to draft Model GST Law released by the Empowered Committee and hosted on the website of DOR inviting comments from stake holders and public at large. We would like to take this opportunity to present before you some of the views and suggestions of our members.

May we request your good selves to kindly consider the same appropriately while preparing the final Model GST Law and related business processes on proposed Goods and Services Tax (GST).

Yours sincerely,

For Bombay Chartered Accountants ‘ Society

Chetan Shah
President

Govind G. Goyal
Chairman – Indirect Taxation Committee

Indirect Taxation Committee Observations and Suggestions on DRAFT MODEL GST LAW


Major Areas of Concern, which need to be addressed appropriately

1. The Draft Model GST Law, coupled with Reports on Business Processes under GST, has conveyed a very negative feeling among the trade and industries. The same needs to be addressed immediately (may be through a 2nd revised draft or so).

2. There is wide spread confusion about the uniformity of taxation across the country particularly regarding classification, valuation, exemptions and rates of tax.

3. There is an urgent need to dispel the fear of artificial disallowance of Input Tax Credit (ITC), through monthly matching concepts, etc., and, excessive compliance burden in the proposed GST regime.

4. Sanctity of ‘Tax Invoice’, issued by a registered dealer, and seamless Input Tax Credit are basic tenet of any successful VAT law. The same should be maintained.

5. It is also necessary to clarify how dual control by Central and States will be exercised over the same assessee in respect of same transaction liable to tax for CGST and SGST, or for IGST.

6. Small manufacturers, vendors and job workers, in small scale industries (SSI) and Cottage Industries, etc., are clueless about their future in the proposed GST regime. It may be noted that such units constitute a significantly large number of business population of India. Their genuine concerns need to be addressed satisfactorily before deciding about introduction of GST in the proposed format.

7. The proposed threshold of Rs. 10 lakh for compulsory registration is too low a limit. It may back fire. Considering various aspects of smooth transition it would be necessary to seriously reconsider the same. (An appropriate limit, in present conditions, may be Rs. 50 lakh of taxable supplies)

8. It would be necessary to design simple and convenient Composition Schemes for various categories of dealers and for certain specific types of businesses (may be on the lines of composition schemes designed in some of the State VAT laws and various other countries who have successfully implemented VAT /GST).

9. Being entirely new system of taxation across the country, it may not be possible for anyone to determine correct RNR at present. There are several factors, particularly in the present scenario of diverse system of indirect taxation by the Centre and States, and, organized as well as unorganized sectors of manufacture, trade and services, etc. It would be necessary, therefore, that the rates of tax are decided in accordance with the acceptability of such rate/s by the ultimate consumers (who are the real tax payers).

10. The best policy in deciding rates of tax is that the Government should get adequate revenue, trade & industry should not have any burden and the consumers feel happy. To achieve this, it may be necessary to decide in advance (a) the list of exempted goods and services, (b) list of goods and services which deserve a merit rate, (c) list of goods and services which needs to be taxed at very low rate in the beginning (special merit rate) and (d) list of goods and services which can be taxed at fairly high rate. However, it should be ensured that all States apply the same rate on such commonly agreed lists of goods and services.

11. Taking clue from various sources, the general rate of GST @ 15% may be the most appropriate rate, with merit rate (5% to 8%), special merit rate @ 2% and higher rates (25% to 35%).

12. Various definitions, contained in section 2 of draft Model GST Act, need appropriate review and necessary modifications.

13. The terms like ‘supply’ in section 3 and Schedule-1, ‘nature of supply’ in section 2, ‘time of supply’ in section 12 &13, ‘value of supply’ in section 15 and ‘place of supply’ in various sections, need a thorough review.

14. The provisions like RCM, TDS and TCS have made the draft law much more cumbersome. Only those provisions need to be kept, which are necessary. The Reverse Charge Mechanism (RCM) should apply in respect of international transactions only.

15. One needs to look into whether such elaborate provisions of valuation are required in the proposed GST regime where tax is being levied till final stage of consumption. Ultimately tax cannot be levied at a price (value) more than what the consumer has paid to the supplier.

16. Procedural aspects have to be designed in such a manner that all assessees, all over India, are able to comply with the requirements well within time and without facing undue burden of time and money.

17. Appropriate transition provisions need to be spelled out clearly so there is no undue burden on the existing tax payers. Similarly taxation of continuing contracts may need to be clarified appropriately.

18. Interest of those units, presently enjoying exemption under various promotional schemes, needs to be protected.

19. Applicability of IGST on various types of transactions of supply of goods as well as services needs much more clarity.

20. Although, the Government has shown its intention to implement GST with effect from 1st April 2017, there is no harm if it is implemented from a later date. For smooth implementation of such a major reform, it is necessary that the final law is designed after considering all aspects. And sufficient time is given to trade, industry and the Government Departments to gear up for the new regime.

Our observations and suggestions on some of the important provisions are enclosed herewith for your kind consideration.

Complete Representation on Model GST Law can be viewed and downloaded from BCAS home page www.bcasonline.org

Jobs not quotas: Expanding quotas will not address frustrations arising from jobless growth

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Gujarat’s announcement of a 10% quota for economically backward classes in education and government jobs represents a misdiagnosis of a pressing problem. The proposal is bound to be challenged legally as aggregate quotas will overshoot the permitted 50% mark. Moreover the agitating Patels, who the announcement sought to pacify, have dismissed it as “another lollipop from the BJP factory”.

The reality is that government cannot expand jobs fast enough to address contemporary society’s malaise: joblessness. Myriad agitations are only symptoms of the frustration among young Indians. If our demographic transition, where there is an ongoing surge in the working age population, is to translate into a dividend and not a nightmare, governments must address the challenge of joblessness. Over the last 15 years millions have moved out of agriculture, with only construction expanding noticeably to absorb the influx. Worryingly, manufacturing and services have not pulled their weight in job creation. For this, governments’ counterproductive policies must take the blame.

The nature of government intervention needs to be radically transformed. Right now, at both central and state levels, we are witnessing more government and less governance. In a complex world characterised by rapid changes in technology and trends, governments are not in a position to pick winners. Entrepreneurs are best placed to make these choices and governments need to get out of their way by removing barriers to economic activity. Simplification of regulations needs to be complemented by smarter regulation.

Enhancing the quality of public education, dismantling the licence raj shackling private education, skilling and physical infrastructure will help India grab opportunities. As wages in China increase, it opens the door for India’s export-led apparel industry and other labour-intensive industries, which can generate millions of jobs. A World Bank report, entitled “Stitches to Riches?” estimates that even a 10% increase in Chinese apparel prices can be leveraged to create at least 1.2 million jobs in the Indian apparel industry. This would be particularly good for women who are prolifically employed by the apparel industry, addressing India’s appalling gender inequities. But the government’s approach must be tailored to capitalise on available opportunities.

For example India’s ruinous labour laws, which create a new caste system whose Brahmins are organised labour and whose quasi-untouchables are roughly 93% of the labour force consigned to the informal sector, must be reformed to give a better chance to the rest. (Source: The Times of India dated 02.05.2016)

War for Ambedkar: Parties who celebrate his birth anniversary would do well to learn from his legacy

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The UN observed Bhim Rao ‘Babasaheb’ Ambedkar’s 125th birth anniversary on 13.04.2016 – showcasing the universal appeal of the principal architect of India’s Constitution, who fought caste injustice. Indeed, from being an icon solely of Dalit parties in yesteryear, Ambedkar’s legacy is enjoying a revival with political parties across India’s ideological spectrum fighting to appropriate it. And now, with inequality a rising concern and cause for political turmoil in Western countries, Ambedkar’s appeal has reached Western shores as well.

The continuing re-imagination of Ambedkar reflects as much on his immense contributions in defining the Indian republic as it does on the contemporary relevance of themes he became synonymous with: equality, social justice and rule of law. Prime Minister Narendra Modi is scheduled to travel to Ambedkar’s birthplace in Mhow, MP tomorrow to observe Social Harmony Day. In a bid to steal Modi’s thunder Congress organised a big rally on Monday in Nagpur, the headquarters of RSS.

Ambedkar was a crusader against untouchability and the caste system, eventually embracing Buddhism in 1956. By putting up banners and posters of Ambedkar, BJP hopes to portray itself not only as a champion of social engineering, but also take advantage of the fading of Nehru’s lustre in post-liberalisation India. However, BJP’s Hindu-first agenda is contradicted by Ambedkar’s belief that caste hierarchies are an intrinsic part of Hinduism (that is why he converted to Buddhism). Likewise, Ambedkar resists appropriation by contemporary leftist causes as well. He disagreed with Mahatma Gandhi’s philosophy of self-governing villages as India’s foundation, viewing them instead as dens of inequality. He opposed insertion of the terms ‘socialist’ and ‘secular’ in the preamble to the Constitution. He opposed Article 370 and was an ardent supporter of the Uniform Civil Code.

It’s welcome that political parties are debating Ambedkar today. What’s less welcome, however, is their attempt to project their own beliefs on to Ambedkar. He stood, for example, for the total annihilation of caste. Were he to witness today’s permanent and expanding regime of caste quotas, which all political parties appear to be agreed on, he could well be turning over in his grave. He was, above all, a modern thinker, a practitioner of pragmatic politics who refused to be bogged down by any particular ideology or religion. Leaders who invoke him today would do well to learn from that legacy.

(Source: Times of India dated 13.04.2016)

How to view success

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With a broad theme like six lenses that shape our perception of the leadership challenges encountered in work and family Six Lenses: Vignettes of Success, Career and Relationships ends up being a gripping narrative of life’s many shades, which can encourage readers to look at their lives and careers in a different light.

There are three reasons for this: one, the author’s mastery of the art of story-telling and his intellectual rigour that helps connects the dots. R Gopalakrishnan is a prolific writer but this one is clearly his best. Two, he has carefully avoided the predictability of countless management books that offer instant, pre-packaged wisdom on how to succeed in one’s career. And three, the book subtly revolves around management and philosophy with multiple references from religious texts and binds them all with several interesting anecdotes – the extraordinary lessons the author learnt from everyday experiences of people to which readers can relate. In the process, the author shows how, by altering our perceptions, people can better overcome the challenges they face at work and in family matters.

Mr Gopalakrishnan also draws from the Vedantic idea of myth and reality to conclude that the idea of reality does not exist and that all man sees is through his perception of the world around him. It’s like a visit to the optician for an eye test – on the support frame, there are lenses that can be rotated to improve vision during testing. The rotation of each lens changes the clarity and the view. There are many perspectives that the viewer can get and he or she has to select the view that best suits him or her. Like an optician who keeps turning the lenses till the patient can see clearly, people need to keep shifting the proverbial six lenses until they find and arrive at an awareness of their life’s purpose and fulfilment.

The six lenses (the book has a chapter each that corresponds to each of these lenses) are: Purpose (the deep-seated belief about life’s aim); Authenticity ( who you are, at the core); Courage (overcoming obstacles and inequity); Trust (encompasses virtues such as reliability, never letting anyone down, etc); Luck (people pretend they don’t believe in it except when it suits them) and Fulfilment (it is about enjoying what exists rather than cry about what might have been missed).

Universally, people define success in terms of what other people think of it. But the important lesson the book provides is that there is no universally accepted measure of success. But the paradox is that while all success doesn’t lead to fulfilment, all fulfilment leads to success. The delightful stories about “people like us” tell us how each of them sought success and fulfilment and are great examples of what happiness means – it’s a complex phenomenon called emotional well-being. Young readers may scoff at the author’s prognosis that happiness is tied to giving rather than taking, to volunteering and to donating, but they could gain some deep insights.

Though its inclusion as a lens may be considered unusual by many, Mr Gopalakrishnan is at his best in the chapter on “Luck”. Through countless examples, he has shown how good outcomes are dressed up by the corporate types as strategic strokes of genius while catastrophes are attributed to bad luck.

Overall, Six Lenses… is a great read, made richer by an author who has enough experience and knowledge to offer readers views on the choices and assumptions that people make, as also their outcomes.

(Source: Extracts from Book Review by Shyamal Majumdar of Six Lenses – Vignettes of Success, Career and Relationships by R. Gopalkrishnan in Business Standard dated 06.04.2016)

India cannot get carried away by current growth superiority : RBI Governor Raghuram Rajan

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Reserve Bank of India (RBI) governor Raghuram Rajan clarified his remark that India was like a “one-eyed king in the land of the blind” and defended the thought process behind the remark that has attracted controversy.

Rajan, 53, also spoke of how “words are hung out to dry, as in a newspaper headline,” robbing them of context and opening them up to misinterpretation.

India cannot get carried away by its “current superiority in growth,” Rajan told an audience of students and bankers at the convocation of the National Institute of Bank Management in Pune.

“My intent in saying this (and it was an off-hand comment in an interview) was to signal that our outperformance was accentuated because world growth was weak,” said the RBI governor, whose choice of words had evoked the displeasure of some government ministers.

“But we in India are still hungry for more growth. I then explained that we are not yet at our potential but that we are at the cusp of a substantial pick-up in growth because of the reforms that are underway,” said Rajan.

He added that in a “news hungry” nation like India, the remarks had been seen as denigrating India’s success.

Finance minister Arun Jaitley had responded to Rajan’s “one-eyed king” remark by saying a growth rate of 7.5% would be a cause of celebration in any other country.

In an interview to financial news website Marketwatch on 17 April, Rajan, when asked about the popular notion that India was the “bright spot” in an otherwise gloomy global economy, said the country still has some way to go.

“Well, I think we’ve still to get to a place where we feel satisfied. We have this saying, ‘in the land of the blind, the one-eyed man is king’. We’re a little bit that way,” Rajan told the website.

On Wednesday, Rajan struck a note of caution.

“We cannot get carried away by our current superiority in growth for as soon as we start distributing future wealth as though we already have it, we stop doing what we are supposed to do to keep growing,” he said. “This movie has played too many times in the past for us not to know how it ends.”

Rajan noted that while India is compared to China in reference to economic growth rates, the Chinese economy is five times larger than India’s and the average Chinese citizen is four times richer than the average Indian.

The Indian economy is expected to grow 7.5% in 2016 compared to China’s 6.5%, according to forecasts released by the International Monetary Fund earlier this month.

“As a central banker who has to be pragmatic, I cannot get euphoric if India is the fastest growing large economy. Our current growth certainly reflects the hard work of the government and the people of the country, but we have to repeat this performance for the next 20 years before we can give every Indian a decent livelihood,” said Rajan. He said his remarks were not meant to disparage was has been done and is being done by governments.

“The central and state governments have been creating a platform for strong and sustainable growth, and I am confident the payoffs are on their way, but until we have stayed on this path for some time, I remain cautious.”

The media’s scrutiny of what Rajan called an off-the-cuffremark was a “teachable moment”, said the RBI governor, who is on leave from his teaching post at the University of Chicago.

The RBI governor questioned the manner in which every word spoken by public figures is “wrung out” for meaning. “When words are hung out to dry, as in a newspaper headline, it then becomes fair game for anyone who wants to fill in meaning to create mischief,” said Rajan, adding that if India is to have a reasonable public dialogue, words must be seen in context and not stripped of it. “That may, however, be a forlorn hope,” he said.

Rajan, in his speech titled ‘Words matter but so does intent,’ didn’t stop there. “This leads to the question—how much of our language is liable for misinterpretation? How forgiving should we be of a bad choice of words when the intent is clearly different?”

Rajan chose to make this point through examples.

He cited the famous words of Mahatma Gandhi who once said “an eye for an eye will make the whole world go blind.”One might take umbrage because the comment suggests that blindness is an inferior state of being, said Rajan. “Yet, Gandhiji’s comment was on the absurdity of the event and not a comment on blindness,” he noted.

“If we spend all our time watching our words and using inoffensive language…we will be dull and will not be able to communicate because no one will listen,” said Rajan. “For instance, an eye for an eye will only make the whole world go blind, could be replaced by—revenge reduces collective welfare,” quipped Rajan. “The latter is short and inoffensive but meaningless for most listeners who haven’t taken economics classes.”

Rajan concluded that all constituents have work to do to improve communication. Speakers have to be more careful with words and listeners should not look for insults where none may exist. (Source: Mint Newspaper dated 21.04.2016)

Three box strategy for success: Effective business leaders who see change when it’s coming tick all these three boxes

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Effective leadership is the high point in today’s competitive environment. It is imperative for leaders to have a sound plan for the future, a firm grip on the present and an understanding of the past. Without these, it is almost impossible to achieve and sustain success.

I have incorporated these elements within my framework for strategic innovation. I call it the Three Box Solution. This framework commences with an appreciation of time as a continuum.

Managing the present (Box 1) is the prime focus for most leaders today. With no revenue; without Box 1, business comes to a standstill. Therefore, the emphasis on the performance engine that generates revenue, is crucial. At the same time, attention to what one hopes to achieve tomorrow for the organisation (Box 3) is equally vital.

Without Box 3, there is no future. To implement Box 3, one has to discard some of the mindsets, practices, policies, and perhaps products or services that enabled both the leader and the company reach where they are today. Leaving behind the past (Box 2) completes the circle.

Among the three boxes, Box 2 is the most challenging. Good leaders are able to envisage an obsolete trend and implement changes to script a success story.

Following a particular trend or rationalising to keep elements that helped the organisation succeed in its journey, can take it only so far. Therefore, it is important to gauge futuristic goals, pick up the “weak signals” and act upon them to make the business and the organisation future ready.

Weak signals are emergent changes that appear on the horizon, sometimes so dim and distant as to be almost imperceptible. They could be changes in behaviour or demographics, technology, the economy—almost any activity related to humanity. Within the Three Box framework, they are the raw materials leaders can use to develop assumptions about what may happen in the future.

Weak signals are ubiquitous but, as mentioned above, sometimes are difficult to detect. Where do you find them? You can mine for signals by using a free-for-all approach, soliciting ideas from the public, for example. Or, you may choose to create a task force within your organisation, dedicated to identifying up-and-coming trends.

Another option is to look for individuals within your company who seem to have their eyes on the horizon. Often, these are younger individuals or people who have a reputation among co-workers for nonconformity. These mavericks see the world differently, tuning in to signals that others miss.

Effective leaders understand, however, that weak signals must be tested to determine whether they truly do foretell coming changes or are just noise. This is the third leadership behavior in which the Three Box framework is rooted. Experimentation resolves uncertainties and increases learning even as it reduces risk. Following is an example of how a humble candy became a global success story by picking up weak signals.

Innovative leaders realise the Three Box framework is an ongoing process, not a one-time project. They are always searching for and testing weak signals. They never cease building the future even as they ensure their organisations function at peak performance today. They are constantly vigilant for traps of the past. As a result, their companies are able to operate successfully and simultaneously within all three boxes. (Source: Extracts from Article written by Vijay Govindarajan in the Times of India dated 18.04.2016)

67th Annual General Meeting on 7th july 2016

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The 67th Annual General Meeting of the Society was
held at the Walchand Hirachand Hall, Indian Merchant Chambers,
Churchgate, Mumbai on Thursday, 7th July 2016.

Mr. Raman H
Jokhakar, 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. Sunil B Gabhawalla,
Hon. Joint Secretary, announced the results of the election of the
President, Vice President, two Secretaries, Treasurer and eight members
of the Managing Committee for the year 2016-17. The names of members as
elected unopposed for the year 2016-17 were announced.

The
“Jal Erach Dastur Awards” for best feature and best article appearing
in BCAS Journal during 2015-16 were announced. The winners were: Keshav
Bhujle, Advocate and Aditya Thakkar, Advocate. The Special issue of the
Journal of July 2016 on “Expectations” was released by the hands of Mr
Arvind H. Dalal, Past President and Mr Anil J. Sathe, Editor.

New
Publications Internal Audit-Practical Case Studies and Non-Banking
Financial Companies-A Treatise were released at the Foundation Day by
the hands of Mr Harsh Mariwala, Chairman-Marico Limited.

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 Speech

Good Evening members!

Welcome!

As
I stand on the last day of my term, a very familiar Hall and a familiar
podium, I extend very warm greetings to you and thank you for being
present today.

All throughout the last year, I had to start off
numerous events. Generally one had to start by addressing those on the
dais first and give an impression that things flowed from this direction
to that, and often rightly so. This final program, the AGM however is
different – everyone here is a member, everyone here is a fellow member and everyone here counts equally, bringing meaning and significance to the Society.

So once again WELCOME EVERYONE to this 67th Annual General Meeting.

In the schedule, this speech is titled as OUTGOING PRESIDENT’S Speech.
Although the AGM is meant to be serious business and ending of
someone’s term should normally add to that seriousness. Yet, I do feel,
that although the title of the talk is functionally accurate, it falls
short on the creative count. So maybe this year we rather give it a more
contemporary title – PREXIT.

You will appreciate
that someone, whose title will get the Prefix – PAST – after about 7
hours from now, would tend to be reflective and sentimental on his last
day as the President.

Well, it is a long program, and Chetan (in
lighter vain) has told me that his talk is going to be really LOOOONG,
so I will be SHORT and LIGHT.

Friends, the year began with the theme LEARN SHARE GROW. Let me share a few highlights of the year that went by.

Last
year we noticed that if we wanted to give better member service, we
will have to do a bunch of things. One of them was to align our
infrastructure to our activities and future plans. So today after nearly
2 years, we have a fine-looking and functional LEARNING CENTRE at Jolly
Bhavan, and moved non member facing BACKEND STAFF out to another larger
office space – a space that is roomier and more functional.

With
this, we have a 100 seater hall with a pre event area outside so that
our committees can have in house events that are more comfortable, cost
effective and smooth.

This idea was extended further, by
adding to our Digital capability, to reach members WHERE THEY ARE – so
we have set up a web cast Facility. With this, BCAS events can reach a
member where he is, and he will be able to partake of an event from his
desk top or mobile device. We did the first live webcast 2 weeks back,
of course with some glitches and we hope to do many more.

Another
dream that we had, was to make the premises available to members for
their EDUCATIONA L TRAINING PURPOSES at a small cost. This should help
the startups, medium and smaller practice units to arrange their in
house trainings at BCAS premises. I am glad to inform you all that today
members can book BCAS Hall along with all its facilities for this
purpose and make the most of their membership.

At times READING
takes too long for the POINT TO COME ACROSS. In this DIGITA L AGE, we
need the POINT to come through sooner and in shorter capsules. So we
placed before committees the idea of making SHORT VIDEOS of about 2
minutes, covering a topic within a subject, in a manner that makes the
content easier to grasp. We did make a start and I hope we do more of
those.

Last year on 6th July, I had mentioned about making
available BCAS events to outstation members. We could do a few events
this year on a STAND ALONE BASIS in Chennai and Coimbatore, which
were house full. Although there were more offers, we couldn’t spend
more time as one would have liked, but I hope the committees will
explore it further.

BCAS Publications – Although there is
a feeling that markets are flooded with Publications, I believe that
BCAS books are special in both content and context. BCAS books are low
on reproduction and trivia and deep and hard hitting on the main topic.
They give a balanced view and have practical utility. After the AGM we
will we have two AMAZING PUBLICATIONS released – one of them after a
long wait of 18 years. Few more are in the pipeline and they will come
out in next few months.

Since LEARN SHARE GROW was the theme, I wish to SHARE a few things I learnt.

First
– about the YOKE of TRADITION. It is pandemic in our country. Not that
tradition is not useful, but they have a place and TRADITIONS as
CONCLUSIONS should not fill the entire space by themselves. In various
meetings one would hear – We have always done it this way, we have
debated this before and concluded it thus, this cannot be done because
we did it in the past and it did not work.
Since conclusions are
only PAST, and the PRESENT has obviously changed since then – we tried
to look at some of them afresh and question the issues all over again.
Like Thomas Jefferson said “IN MATTERS OF STYLE, SWIM WITH THE CURRENT,
IN MATTERS OF PRINCIPLE, STAND LIKE A ROCK” I am sure the OB on the dais
will carry, the spirit in those words, further.

On a LIGHTER NOTE, there is something interesting about being a PRESIDENT.

While
a lot of people wonder – being a President of an organisation must be
such fun, to open events, to write every month in the Journal, to be
welcoming speakers and guests and being under the spot light. I want to
tell you that there are two presidents – the one you SEE and one that
works behind the scenes in addition to his practice and family life.
President is an intertwined mixture of numerous functions – Let me share
a few:

Secretary and draftsman – He has to correct,
correct and correct – from the Spelling of Walchand Hall to making sure
the person’s name should have the salutation Mr or Mrs before it.

Benign Bulldozer – following
up, pushing – did that announcement go? Did you make sure he received
the email? The event you talked about – have you got a YES from the
speakers?

Creative director – He is designing. He has to
think, does that announcement seem aesthetically in line with the
Society’s image OR responding to someone who tells you – we have been
making the announcement like this since last 10-20 years – well Sir for
that very reason can we think of a different way.

Driver – Drive change. Change although CONSTANT, one learns that change is also the least ACCEPTABLE.

Traffic POLICE
In the meetings, there are always some people who are VOCAL to the
extent all other voices JUST STOP coming out from every other throat in
the room. And then people look at you – WILL YOU PLEASE STOP the flow of
traffic from THAT SIDE and have other side’s traffic start.

 EXECUTIVE ASSISTANT –
I remember people calling – Sir Today’s LM is at IMC, can you tell us
the address. Well some member really making sure that only the President
can give the CORRECT Address;

Friends, there are so many
wonderful stories and anecdotes that adorn this ride, but let me stop
here as a short video is waiting for you all. HIGHLIGHTS of what
happened through the year, a few glimpse out of the 100,000 hours of
education in 7 minutes.

VIDEO

From what I saw in 5 years
as being an office bearer – BCAS is still being imitated – people from
outstation come to understand the format of events – organizations do
look up to BCAS for ideas and benchmark of quality. We had the largest
ITF till date with 260 participants, we had the largest Ind AS RSC till
date, the largest Service Tax RSC till date, the largest annual student
day event till date, crossing 500 for the first time.

But
numbers are really NOT that big a deal, it has never been HOW MANY but
HOW WE DO THINGS and WHY WE DO what we do. I can say with confidence
that the WHY and HOW of everything we do is clear and solid and you only
learn that fully when you stand here on the last day of your term.

Here
are two Testaments to that – A first time participant at the RSC on
Service Tax in Lavasa, shared this. He worked as a partner in one of the
largest professional services firms. He said even at 9.30 pm, as Mr A R
Krishnan was giving his presentation, not a single person got up to
leave although everyone had reached the venue that same afternoon after
travelling between 5-8 hours. He said when I went to the room, my
roommate wanted to discuss the next day’s paper till past mid night with
few others. The next morning everyone was in their groups by 8.30 am
after eating breakfast. He said in our firm we tried numerous ways, and
they haven’t worked – if instead of ending a fully sponsored offsite
event at 6 pm ended half hour late people would complain to HR that the
event finished late. Whereas here people pay to come and still are so
deeply involved in learning.

The next day I was talking to the
Chairman Govind ji, who has been running the committee for 6 years now
and one of the things he said was – since last 6 years, he had done all
he could to keep the fees for the RSC at the SAME LEVEL.

When I put these two stories together, I realized that till we have these two ATTRIBUTES in our ORGANISATIONAL DNA –

CULTURE and PASSION to LEARN and

TO SHARE with GENEROSITY,

WE ARE GOOD.

THANK YOUs
In
a divided world, where POLITICAL UNION split, states split (Telangana),
firms split, the Society’s 9 committees worked cohesively and with
common purpose. I want to thank every committee member, every convenor,
every coordinator of events every Chairman and anyone I missed?

In this list, I also wish to include those who could easily fit the category of NPA – NON PERFORMING ASSETS,
those committee members who’s INTEREST did not come for the entire
year. Well unlike the Reserve Bank of India, one would like to see this
only as a temporary phenomena and wish that their INTEREST will flow in and they will make up next year.

I am grateful to the Past Presidents,
the pillars of the Society and light houses for the OBs. Although all
of them were 5-10-20-30-40 years senior than I, they were friendly,
approachable, helpful, and generous with their time.

A special
bow to Late Narayan Varma, who would have MADE ALL EFFORTS TO BE here at
the AGM – we miss his radiant presence today. Although we don’t see
him, I am sure he must be watching the BCAS AGM from wherever he is.

Of course a big Thank you to the Office Bearers team. Well meaning and hard working individuals who have BCAS inscribed on their hearts.

Chetan – for being a great team mate, he ran the renovation part with Deepak and Pranaybhai with speed and precision.

Narayan – a very hard working man, a super go getter, you tell him something and it will be done.

Sunil – a silent worker, he lead the implementation of the new ERP at the Society in spite of running his practice single handedly.

And Manish, the youngest OB who picked up the accounts and helped in our deep cleaning effort and in turn lost all his blacks.

I wish the team on the dais a rich and rewarding year. They all deserve a big round of applause.

The
BCAS Team led by GM Jyoti Malkani, and the HODs Amit Singh, Shreya,
Javed, Upendra ….. and all the rest. Special mention of Rajaram – like
we have lalbaug cha Raja – he is BCAS cha Raja – he completed 25 years
earlier – and we did honor him earlier, but since some of you may have
known him for years and may not be present at that event please give him
a round of applause.

I want to thank my late Grandfather who
was a founding member of BCAS and introduced the whole family to BCAS,
my Father and Mother – Haren and Asha, both part of BCAS family for more
nearly 40 years, my wife Rashmi for taking care of me and taking care
of herself in my absence, and little Sangeeta with whom I can’t wait to
spend more time.

Friends – What unites us is far bigger and
compelling than what separates us. I want to thank all the volunteers –
contributors, writers, speakers, donors, well-wishers for their
self-less work for making a contribution to a larger good.

In
the end, I wish I had more time, I wish I had few more hands, I wish I
could be at more than one place at the same time. Perhaps the best
journeys remain unfinished, because they have no destination. And a
journey to LEARN SHARE GROW is certainly one of a lifetime.

Thank you

Incoming President’s Speech

Good Evening everyone.

My
colleagues on the dais Raman, Incoming Vice President Narayan,
Treasurer Manish, Joint Secretary Sunil & Incoming Joint Secretary
Suhas. My Managing Committee Members, Chairmen and Co-chairmen of
various subcommittees, the galaxy of past presidents present here,
Office bearers of sister organisations, Seniors in the Profession,
Ladies & Gentlemen. May I thank the Members for electing me as the
68th President of this elite Bombay Chartered Accountants’ Society. I’m
incredibly conscious of the duties and tasks ahead and the honour you’ve
bestowed upon me. It’s with anxiety mingled with an excitement that I
look ahead to the coming year. Mahatma Gandhi once said, “Live as if you
were to die tomorrow. Learn as if you were to live forever.” I welcome
you all to this AGM of BCAS, an organisation which has been an ocean of
learning for me.

But first, I simply must thank Raman Jokhakar
for his service as President over the last 12 months. It’s been a
pleasure to support Raman with his official engagements, and the
experience has been truly amazing. Under your dynamic leadership, we all
had the opportunity to be innovative. I am sure my colleagues will
agree that the motto for the year of learn-share-grow, geared the
Society to enhance its pace of imparting learning and acquiring
knowledge, sharing the same with its members and society at large,
thereby enabling growth of the professional colleagues.

The
theme Learn-Share-Grow was very well implemented. We did many different
things this year. The innovativeness was visible in novel ways of
applying technology to our events, especially during the budget season
when short videos of renowned professionals were made to capture views
of the budget both pre and post. The year was also marked with various
representations being made to the Central Government and also before
other regulatory bodies. The highlight for representation was BCAS being
invited for Samvad with Hon’ble Minister Smt. Sushma Swaraj, which
enabled us to be a part of the change agents by providing our views on
the tax structure of the country.

Raman, the journey along with
you has been a learning curve. As you once said that one term and one
year is too short to accomplish what one desires, but I assure you to
take your unfinished agenda further and shall strive to achieve the set
benchmarks of excellence and try to take the BCAS flag to newer heights.

Thanks, Raman, and I am sure you shall continue to provide your valuable inputs in the years to come as well.

As
I take the baton from Raman, my mind takes me to the days when I began
my journey with BCAS almost 22 years ago. The journey has been very
exciting, challenging and rewarding. BCAS as an organisation has also
transformed itself and grew substantially under various leaders’ year
after year, all leaving a mark of their functioning which has made BCAS
much more vibrant that too without compromising on its ethos, vision and
ideals which had been set by the founding torch bearers of the society.
I do pledge that the progress of BCAS shall gather more pace under our
new team and shall strive to achieve the objectives laid through the
Annual Plan for the year. We have circulated the proposed Annual Plan
for the year, and I would like to deal with the same briefly during my
address.

My father Mahendra Shah, also a CA, mentored me during
my articleship days, and he introduced me to BCAS on my qualifying as
Chartered Accountant. BCAS membership in the year 1994 opened up new
vistas of professional opportunities and the concept of learning and
knowledge sharing, which I feel were stepping stones of my professional
advancement. My father used to be regular with the RRCs till his health
permitted and used to travel to the then- exotic locations of Goa,
Mahabaleshwar, Matheran. I often wondered what they were actually doing
at the RRCs. My wife and children still doubt whether we seriously study
at the RRCs or just chill out??

When we are on the topic of
RRC, well, I had never dreamt that I would be at the helm of BCAS when
50th RRC of the Society is being announced. What better locale to
celebrate the Golden Jubilee of the prime event of BCAS than at Jaipur!
Memories of Golden Jubilee to be held in January 2017, I am sure would
be cherished much more amidst the Royal city of Maharajas. Amazing isn’t
it? I invite you all to come and be part of the celebration and great
learning. The International Tax Conference further doubles my joy by
spreading its wings beyond Indian waters. As you all are aware that this
year the ITF – Conference planned in August 2016 is in Sri Lanka, and
the bookings are already closed due to overwhelming response. So this
year we shall have a round of knowledge sharing beyond Indian
boundaries.

My honing of skills of learning and administrative
capabilities got a shot in the arm on my admission to the Core Group in
the year 2004, by my selection in the International Taxation Committee.
This is when I realised the importance of sharing and imparting
knowledge. During the years in Core Group I had occasions to closely
observe the functioning of illustrious Past Presidents as well as other
senior professionals. They were working selflessly for the profession
and always had the passion for taking knowledge sharing to a level where
it becomes part of their daily routine. They were bubbling with ideas
and had great clarity and dedication to execute their ideas for the
benefit of the Profession and Society at large.

If anybody wants
to learn and understand, how to run a voluntary organisation, create
effective leadership, develop and mentor professional with cutting edge
knowledge and partner in Nation Building, BCAS is the prefect role model
to follow. The Goodwill that this organisation commands is truly
incredible. BCAS has been a pioneer of many ideas which have been
emulated by other professional bodies including our parent organisation.
It is a matter of great pride when someone compliments you regarding
the quality and contents of various seminars and workshops and the
Journal, especially when that someone is none other than the President
of the Institute of Chartered Accountants of India.

Before I
continue, I will like to offer my homage to the indomitable spirit of
Narayanbhai. Who is not amongst us today! He was a pillar of not only
BCAS but of the profession, society at large and in particular of the
RTI Movement. Passion at work was something one can imbibe from him. We
will miss him forever. On 19th Aug in memory of his birthday, three
organisations namely PCGT, DBM & BCAS have come together for a
lecture by Ms Aruna Roy, a co-creator of the RTI Act and a wellknown
Social worker.

Since RTI Act was formed, Narayanbhai has been
the key supporter to this and made the BCAS well known in the field of
RTI. The RTI Clinic still actively operates through its activists on
Saturdays at the BCAS Office.

The Society will continue to support and work for the RTI clinic.

In
the past few years we have observed that the professional opportunities
have grown many fold especially with the growing economy and
globalisation and the vision of the Government. With opportunities comes
challenges. Challenges to keep pace with new regulations, new laws and
technology. The pace has picked up so much that it may no longer be
possible to function as a proprietary concern or a 2/3-member
partnership firm. It is no longer possible for one CA to know so much,
and do effective compliance. It is time for collective wisdom. The
visionaries at BCAS saw this coming and started programmes on networking
and practice management and making their seminars more relevant. The
technology has also got shot in the arm with projects like live
streaming and online payment facility.

Still a great institution like BCAS faces greater challenges for it to become even greater.

Mahatma
Gandhi correctly said “The future depends on what we do in the
present”. The Society is not short of visionaries and time has come for
taking a quantum leap. Time is just ripe to reach out far and wide
throughout India to the professionals, in practise and in industry. To
take BCAS at their door steps, if not physically then through
technology. To be more effective and relevant as the voice of the
professionals in the policy making. To be thought leaders and active
collaborators to the cause of Professional Excellence and Good
Governance. To collaborate with sister organisations, commerce
associations and Government. Accentuating ‘out of the box’ thinking and
taking a path yet untapped. Let’s all join in this movement of:

“Today’s VISION, Tomorrows’ REALITY”.

As articulated in the words of Khalil Gibran: “we are limited not by our abilities, but by our Vision.”

Let me share a short story:

Once
upon a time there lived 3 fishes in a pond. One was named “Plan Ahead”,
another was “Think Fast”, and the third was named “Wait and See”. One
day they heard a fisherman say that he was going to cast his net in the
pond the next day. Plan ahead said, “I’m swimming down the river
tonight!” and so he did. Think Fast said, “I’m sure I’ll come up with a
plan.” Wait and See lazily said, “I just can’t think about it now!’ When
the fisherman cast his nets, Plan Ahead was long gone and safe. But
“Think Fast” and “Wait and See” were caught! Think Fast quickly rolled
his belly up and pretended to be dead. “Oh, this fish is no good!” said
the fisherman, and threw him safely back into the water. But, Wait and
See ended up in the fish market. That is why they say, “In times of
danger, when the net is cast, plan ahead or plan to think fast!”

It
is perfectly said that “Ideas are a dime a dozen; Execution is the
key”. For any VISION to be set into motion, there has to be the
development of Executional Capabilities.

These capabilities come from the 3 C approach of developing Competence, Commitment, and Character.

When
we talk about VISION and working towards making it a reality it’s not
about oneself; it’s a part of a team at BCAS. At one hand, I can say the
office bearers and managing committee are the heart of this function.
However, the core group acts as the backbone to achieving all this. As I
start my term, I look forward to immense focused support from my entire
team in making things possible.

The brief of our VISION for the year can be summarized as follows:

Imparting Values thereby creating Value of Brand BCAS;

Inspire Professionals to excel as Professionals and to contribute towards Citizens’ Empowerment;

Enabler of Sharing Knowledge through engaging CAs in Profession & Industry as well as Young CAs and Students;

Innovate the ways of imparting knowledge and its dissemination to masses;

Organizational
capabilities of BCAS to be enhanced through efficient and robust
processes & controls for events and meetings thereby improving
members’ experience; and

Nurturing & building confidence
amongst Young Professionals through improved learning methodologies and
thereby creating talent pool of Future Leaders.

At this
juncture, I would like to mention that a lot of effort has been put in
by the BCAS Office Staff in implementing the processes and controls as
per the suggestions of the Internal Auditors and Office Bearers.

We
know the Society well; now it’s time to share with the rest of the
world and involve them too in the process of knowledge sharing. Get
engaging and reaching out to as many corporates and members, influencing
them in becoming a Complete CA is what I visualize.

When we look
at the upcoming generation, we realise today that they know so much
more. Technology has given the students and youth so vast exposure to
knowledge that it’s great to learn and know from them. Last month the
9th Jal Erach Dastur Student’s Annual Day was one such great event. The
pool of talent was so large and each one so outstanding. Then there are
the youth, the younger generation who have so much potential to do
things and contribute to the Society.

This year I will also like to look into “Empowering the younger generation for future leadership”.

We
have seen the Modi Government bring about various changes in the
economy. We must continue to participate in reaching out to the
Government through various representations and meetings to bring about a
clean and democratic structure. Already the Model GST law is out, and
suggestions are in the process of being sent to the government. In this
area, I expect more dynamism and more presence at BCAS. As rightly put
by the Institute President Devaraja Reddy that BCAS is the younger
brother, thus we must encourage more support in nation building just
like the ICAI -our elder brother.

The Technological drive
started by my peers Ameetbhai, Naushad, Nitin, and Raman will continue
to be as dynamic as it is with the ever changing environment. My Vision
is to look for automation and digitization in every delivery be it
membership related, events or any publications. The Society has already
started with the Live Streaming of events from BCAS conference hall and I
intend to use this technology to its optimum.

The journal also
now carries an article on Twitter which has received a great response.
The Referencer this time is also available on the app. The online
payment is in the pipeline and gradually all services will be available
online on the BCAS portal. The Society is now having tremendous Social
media presence, and I look forward to making it more interactive and
live. The E-journal is being revamped and gradually will be more
user-friendly.

The Society is all about people and as I move
ahead this year I wish to continue taking people along, both young and
experienced. Looking for more people joining the VISION by becoming
members contributing to the society and making a difference in their
lives. I am also confident that the Managing Committee as well as the
various Sub-committees will contribute to fulfil the goals and targets
set for the year by giving constructive and innovative suggestions.

The pitch is ready, and so are the players, the match needs to be won…And the Victory is for all.

Brian Herbert said that:
The Capacity to learn is a Gift
The Ability to learn is a Skill
But the willingness to learn is a Choice.

I have made my choice, and as I conclude, I wish to say “I have learnt, but have still lots to Learn.”

I
welcome your suggestions and look forward to your interaction with the
Office Bearers. Your engagement, participation and involvement is
critical. I Thank you all and look forward to working together in
turning the VISION into REALITY.

THANK YOU…

Payments Bank – A reality check

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The sudden decision by several companies to give up their licences to set up specialist payments banks is puzzling. There was a lot of bullish talk in recent months about how payments banks would offer a pot of gold at the unbanked bottom of the pyramid. It is safe to assume that the companies do not find the prospect to be as profitable as they thought. But it also makes us wonder what sort of strategic planning is done by Indian companies when they identify a new venture for capital allocation.

It would also be peevish of the Reserve Bank of India to impose fines on companies that are giving up their licences. Gatekeepers should not fine people who turn away at the last minute. They should ask why this is so. It is thus more important to understand whether the licensing procedure can be improved so that similar withdrawals are avoided in the future.

Meanwhile, see this as a setback to the ambitious race towards a cashless society

(Source: Quick Edit in Mint newspaper dated 25.05.2016)

Europe’s dog days

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The Austrian presidential election has ended with both mainstream centrist parties knocked out and the far right candidate losing by just 0.6% of the vote. Greece’s creditors have reached a deal—but only by kicking the can on a decision about a debt write-off further down the road. The International Monetary Fund, for all its bluster about the existing debt situation being unsustainable, has had to back down. Across the English Channel, the Brexit vote looms next month.

Since the European debt crisis kicked in at the tail end of 2009, the European Union has remained stuck in a quagmire. Every hopeful prognosis has proved fleeting. Its economic situation remains precarious, Russia is flexing its muscles to the east and terrorism and the refugee crisis have made for a combustible mix. Little wonder the far right is in ascendance across the union. The question is: Is this perpetual state of semi-crisis the EU’s new normal?

(Source: Quick Edit in Mint Newspaper dated 26.05.2016)

Ending tax terrorism

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Tax terrorism has been a potent issue in India for many years. It even made its way into the 2014 election manifesto of the Bharatiya Janata Party. Prime Minister Narendra Modi has done well to tell tax officials this week that they should remove the fear of harassment most Indian taxpayers live with. This is useful, but the true answer to the problem lies elsewhere.

The Indian tax code is numbingly complex. It came to be so because of the high tax rates that India lived with before the 1991 reforms, with powerful interest groups seeking an escape through a web of exemptions. High tax rates, too many exemptions and a deeply ingrained culture of suspicion has victimized honest taxpayers even while millions sit outside the tax net.

The solution is a simple one. Modi must push ahead with the direct taxes code as it was originally designed. A simple tax system, with stable rates and minimal exemptions, is the best long-term antidote to tax terrorism.

(Source: Quick Edit in Mint Newspaper dated 17.06.2016)

Commodity price risk

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Traditionally, higher oil and commodity prices were seen as negatives for global equity markets, but the relation has been more positive in recent times. One reason for this could be that movement in commodity prices— particularly of crude oil—is now seen as an indication of demand in a world that is struggling with feeble economic growth.

It will be interesting to see how things pan out from here as commodity prices are said to have bottomed out and have rebounded considerably from their recent lows.

Since India benefited significantly from lower oil and other commodity prices, investors will be keenly watching the movement as some of the gains could come under pressure. The Reserve Bank of India’s latest monetary policy statement flagged the risk of firming commodity prices. Further increase in prices could not only affect possibilities of monetary accommodation, but also impact margins and earnings in the corporate sector.

(Source: Quick Edit in Mint Newspaper dated 10.06.2016)

India’s Perfect Storm: Environmental and demographic stresses are building up, add to this mess populist leaders

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There is a perfect storm brewing for India and South Asia. To weather it will take extraordinary good governance. Unfortunately for us, the Modi government does not seem to be up to the challenge. It may not even have perceived the massive, darkening clouds.

As the storm gathers speed, the government is busy settling scores – with the Congress party or with students at various campuses. Or it is fighting banal electoral battles. Our environment minister reports that western cities are badly polluted – apparently this should console us. Niti Aayog breathlessly assures us that growth and reforms are in full swing and ‘achhe din’ are already here.

Meanwhile, India’s water crisis is a clear sign that a storm of epic proportions is on its way. India’s per capita water availability is now below the threshold level of 1,400 cubic metres per person. If so, India is heading from ‘water stress’ to ‘water scarcity’ and the possibility of internal water wars. In 1951, water availability was 5,000 cubic metres per person; in 2050, it could be just over 1,000 cubic metres.

Even if we get a good monsoon next year, the longterm prospects are dire because water scarcity is driven by excessive groundwater use. Interconnecting India’s rivers, another hopelessly dangerous scheme, will only add to the problem: providing more (free) water will not encourage people to conserve water.

Compounding our misery is global warming which will likely increase water demand and could reduce supply. Higher temperatures will damage agriculture. So will the scarcity of water. If sea levels rise, we will lose coastal land, and millions of people will become refugees and be driven inland. Expect social conflict to increase as a result. Temperature rise could cause glacier melt in the Himalayas. That means floods. Hotter weather will also unleash extreme weather events such as cyclones.

Consider India’s demography. In 30 years, we will have 1.7 billion people. China will have 400 million people fewer than us. Population density in India is about 360 people per square kilometre; it will be 500 by 2050. India is already 4 times as crowded as East Asia.

We celebrate our demographic dividend, but note that in 2050 we will have 1 billion working-age people (15-64 years) as against 0.86 billion today. Note too that in 2015, India created the lowest number of jobs in 6 years: in 8 labour-intensive sectors, it added 1,35,000 jobs.

India will grow old before it grows rich – like China. Or perhaps worse than China since it is unlikely we can match China’s spectacular economic growth. By 2050, 34% of Indians will be over 50, and 19% or 323 million will be over 65. Many young people will be supporting many old people because old people in India don’t have pensions. Some Indian states already have an ageing problem.

What is the quality of our people in physical terms? Per capita calorie consumption is probably below the povertyline measure of 2,400 calories. It is falling with economic growth, not increasing. Low-calorie diets are exacerbated by some of the worst sanitation levels in the world (worse than Bangladesh or Pakistan), leaving hundreds of millions of Indians underweight and stunted. Insufficient calories affect mental capacity as well. Speaking of mental capacity, it is estimated that 50% of rural kids in the 5th standard can’t read a 2nd standard storybook, 75% of these 3rd standard children cannot do two-digit subtraction, and 20% cannot recognise numbers up to 9.

All this might be managed if governance capacity were high. It isn’t. India has 4,000 IAS officers for 1.2 billion souls. The policemen-to-population ratio is one of the lowest in the world. We have 1 judge for 1,00,000 people, and 31 million cases are pending in the courts. We also have 1 MP for 2 million people; in Sri Lanka, the ratio is 1:89,000. Only 3% of Indians are persuaded to pay taxes, so the government has no financial sinews either.

Stir into this mess populist leaders, widening economic inequality, increasing religious polarisation, ethnoreligious extremism and a hyperventilating media – and you have not a strong, progressive India but rather a wobbling Pakistan ready to explode.

(Source: Article by Shri Kanti Bajpai in The Times of India dated 21.05.2016)

Courts should not encroach into executive domain, governance must improve too

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A sharp speech in Parliament by finance minister Arun Jaitley has once again foregrounded simmering tension between different organs of the state. According to Jaitley the judiciary was overreaching into legislative and executive domains, a sentiment which other parliamentarians – not necessarily from BJP – share. This bodes ill as the Constitution provides for a separation of powers between legislature, executive and judiciary. Democracy functions smoothly when each branch stays within established boundaries. The legislature’s anxiety is not unfounded as there have been instances when judicial verdicts have pushed the boundaries. It is imperative for the judiciary to be restrained.

In India, it is the Constitution which is supreme. It empowers legislature to make laws and judiciary to interpret them in the event of disputes and litigation. The Constitution’s architects envisaged the judiciary as a counter-majoritarian institution which would uphold it in case of deviations. The judiciary has not been passive in this role. For example, in order to enhance access it has been willing to consider even a postcard mailed to it as material enough to act. But apart from ruling on constitutional issues, judicial restraint is essential if harmonious balance between different branches of government is to be preserved.

The equilibrium can be upset when the broad-based nature of a verdict encroaches on the domain of the legislature or executive. Verdicts such as the recent one in Delhi’s air pollution case have asked for an increase in specific environmental tax. Another instance was when Supreme Court recently set a short deadline for government to create a drought mitigation fund. There are two immediate dangers of overstepping. It upsets the balance of power and triggers friction between different branches of government.

It needs to be pointed out, however, that other branches of government have not been blameless in this regard. The executive’s failures and lack of accountability have often led people to approach the judiciary to get existing laws implemented. In a similar manner, legislature has often been unresponsive to changes in society. To illustrate, the first step to provide formal protection against sexual harassment at the workplace was the outcome of judiciary stepping into a vacuum left by legislature.

If democracy is to function smoothly, other branches of government too must raise their game while the judiciary exhibits restraint, keeping in mind that its job is to interpret laws not make them.

(Source: Editorial in The Times of India dated 18.05.2016)

How to tax with love: Ten ways the income tax department can reform itself to get taxpayer buy-in

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There are constant reports of genuine taxpayers claiming harassment and persecution by tax officials. The tax department, many income earners say, starts with the assumption that the taxpayer is in the wrong, deliberately complicates rules, comes after you only because you decided to pay taxes (while ignoring or remaining blissfully unaware of the real tax evaders) and doesn’t seem to be getting any better.

As the Indian economy gets bigger, we invite more foreign investment, and try to expand our tax base, some reforms are needed in the way the tax department does its job. It is one of the few government departments that are in constant touch with citizens. If it continues to operate in an archaic and hostile manner, much of the benefits of policy reforms will never accrue to the economy. Here are ten concrete, doable ideas on what the tax department can do to tax, but with love.

First, treat the taxpayer as a customer. The current tax department mentality is to act like the police and approach the taxpayer as a criminal, unless proved otherwise. It is tough to make people part with their money in any case. The last thing you should do is not be gracious about it. Without the taxpayer, the government can’t function. Seeing the taxpayer as a customer means taking constant feedback, having service benchmarks (eg, turnaround times) and not presuming guilt.

Second, simplify forms. The government has tried but sadly failed to do this. The tax department should download some forms from the Hong Kong or Singapore tax department websites. These are some of the simplest and best forms in the world. Please emulate them.

Third, a good, robust and modern website. India is the land of IT companies. Hire a good company to revamp the customer interface. Again, if you see the taxpayer as a customer, you will approach the website differently. The layout, downloads, language used should all change. Yes, we need an app too.

Fourth, good quality paper. Current tax department communication seems from the 1980s, with cheap quality super thin sheets and envelopes, and poor quality black and white printing. Come on. We are one of the world’s top economies.

Fifth, simpler nomenclature. Names like ITR4 and 26AS intimidate people. Sit down one day and rename and reorganise all the forms that have been amended and become complicated in nomenclature over the years. It’s scary enough to pay taxes. Don’t make it scarier.

Sixth, say thanks and mean it. People who pay taxes are nation builders. Seeing rich people as thieves is a throwback to evil landlord and poor peasant movies of the 1970s. You don’t only become rich by stealing from the poor. You also become rich from creativity, innovation, hard work and enterprise. How can you punish people for that? Not just the top taxpayer, but the top 10% of taxpayers should get a nice letter and memento (not cheap quality please) to thank them.

Seventh, don’t send scary letters. The department officials are under pressure to increase revenue. However, you cannot scare taxpayers. For instance, the department sends letters saying we believe the way things are going you should make 20% more money this year so we hope you will (and better) pay that much more tax. Really? Do we need to be so intimidating?

Eighth, have tax guidance centres. People should be able to go somewhere and figure out how to do their taxes, which doesn’t require a private advisor. Have taxpayer training, inquiry and guidance centres that run well. Again, make them nice. They should not be like a sarkari torture chamber with endless waits and creaky fans. This is the last department that can claim it doesn’t have money.

Ninth, share macro data. Without giving individual details, macro data should be shared with the public to enable us to understand how tax collections are going.

Tenth, share where the tax money was used. Of course, funds are amalgamated at the top. However, it would be nice to hear that your tax last year helped make this road. As Veda Vyasa said in the Mahabharata, a king should collect taxes like a bee collects nectar from flowers, painlessly. It is about time we behaved like a modern, world-class economy when it came to tax collection and learned to tax with love.

(Source: Extracts from Article by Chetan Bhagat in the Times of India dated 11.06.2016)

In debt to dynasty? Rule by the Gandhis has repeatedly pushed the country towards indebtedness

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“The Dynasty” is ready to roll its last throw of the dice with Priyanka Gandhi being drafted to play a leading role in Congress’s UP campaign. Given her husband Robert Vadra’s shenanigans during the UPA regime, UP voters must ask: Should we foster a local Benazir Bhutto with Robert Vadra playing the “Mr 10 percent” equivalent of Asif Ali Zardari? However, because this move is an attempt by The Dynasty to perpetuate itself, we need to ask an even more fundamental question: What does loyalty to The Dynasty get the nation? What is the legacy of umpteen years of rule by The Dynasty?

We examine this question here using economic indicators and conclude that the legacy is an unflattering one. It’s a legacy of retaining power through reckless populism. The numbers depict a key narrative: Building a mountain of subsidies without worrying about its disastrous economic consequences.

We collated data on various economic indicators from the World Bank database. We then separated them by the averages obtained during governments ruled or controlled by The Dynasty and governments ruled by non-dynasts. Thus, the UPA-I and UPA-II governments led by Manmohan Singh are classified as part of the legacy of The Dynasty because we all know Sonia Gandhi controlled the levers of that government through the National Advisory Council. In contrast, the government led by P V Narasimha Rao, whom Congress has banished from its collective memory despite his government heralding economic liberalisation in this country, is categorised under governments not controlled by The Dynasty.

The government led by Rajiv Gandhi, who took several steps towards economic liberalisation and heralded the telecom revolution under Sam Pitroda, belongs to The Dynasty. Of course, the government led by Indira Gandhi, under whom poverty increased significantly despite her vote-catching rhetoric of “garibi hatao”, belongs to The Dynasty as well.

After analysing a plethora of economic indicators, we discovered that the elephant in the room relates to subsidies. Governments run by The Dynasty doled out subsidies and other transfers to the tune of Rs 689,600 crore every year, as opposed to Rs 183,300 crore by nondynastic governments. These figures are in real terms deflated to 2011 levels.

And this is not because there was necessarily more money to dole out during the time of the governments run by The Dynasty. Subsidies doled out by them amounted to 9.2% of GDP, almost double that doled out by nondynastic governments (5.3%). Crucially, subsidies under the governments run by The Dynasty increased at almost 13% year-on-year while this growth was about 4% yearon- year under governments run by non-dynasts.

There were other important ways in which governments run by The Dynasty indulged in bad economics though the differences were not as stark as they are for subsidies. First, governments run by The Dynasty spent more indiscriminately when compared to the governments run by non-dynasts. Expenses amounted to 15.6% of GDP on average under governments run by The Dynasty. This ratio was 14.8% for the governments run by non-dynasts. Moreover, expense grew at 9.1% under governments run by The Dynasty and at 5.6% under the governments run by non-dynasts.

Second, governments run by The Dynasty indebted the economy more than governments run by non-dynasts. Total central government debt and the cash deficit was at least twice as much under governments run by The Dynasty as that under the governments run by nondynasts. While the cash deficit does not account for future revenues that would accrue from current capital investments, it has the key benefit of revealing the deficit by eliminating accounting subterfuge.

As the fixed capital formation under governments run by The Dynasty was not very different from that under governments run by non-dynasts, future revenue accrual would not be very different. So the cash deficit does not certainly overstate the profligacy of governments run by The Dynasty. Also, governments run by The Dynasty reduced the servicing of debt (1.6% of gross national income) when compared to 2.6% of gross national income under governments run by the non-dynasts. Thus, governments run by The Dynasty doled out largesse and spent wastefully while indebting future generations of this country.

However, the outstanding difference pertains to the use of subsidies. The conduit between a government and the intended recipient of a subsidy resembles an open sluice with plenty of opportunities for others to dip into the stream before it reaches its final destination. Furthermore, subsidies create significant distortions in asset use. Subsidies also dampen individual incentives.

Thus, the unabashed use of doles despite their pernicious effects stands out as the key economic legacy of governments ruled by The Dynasty. UP voters would be well served by remembering this important fact as charismatic rhetoric is not going to get them “naukri, paisa aur makan”. Recall that “garibi hatao” by Priyanka’s grandmother was little more than charismatically delivered rhetoric.

(Source: The Times of India dated 07.06.2016)

Agricultural Reforms – APMC drama

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The battle of wits between farmers, traders and the Maharashtra government is a case study on the political challenge reformers face. The Devendra Fadnavis government recently decided to exclude fruits and vegetables from the list of farm items that have to be mandatorily sold through the Agricultural Produce Market Committees (APMCs). The cartels that control these APMCs have gone on strike. Food prices have climbed in cities such as Mumbai. Farmers have responded by bringing their produce in trucks to sell directly to consumers in some cities.

Any reform involves unsettling rent-seeking groups, often backed by political interests, that benefit from the existing system. Reform beneficiaries are often not as wellorganized. But this is a battle worth fighting. Free markets should benefit both farmers and urban consumers, as the late farmers’ leader Sharad Joshi argued. Let us hope Fadnavis does not blink.

(Source: Quick Edit in Mint Newspaper dated 14-07-2016)

Jumbo cabinet

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There are now 78 members in the Narendra Modi cabinet. This means that almost one in four parliamentarians elected on the National Democratic Alliance ticket in 2014 has a ministerial berth. The cabinet’s size is just three short of the constitutional limit imposed by the 91st amendment. Minimum government, anyone?

This newspaper had once hoped that Modi would streamline his cabinet by merging ministries and shutting down irrelevant ones. Those hopes have been belied. Modi said in a recent interview that the expansion is to help the government pursue the February budget’s goals.

The jumbo cabinet headed by Manmohan Singh was an example of spreading political patronage across an unwieldy coalition. In contrast, Modi has a strong political mandate to cut bureaucratic flab rather than add bulk. Jumbo cabinets are not exactly the optimal solution to governance challenges.

(Source: Quick Edit in Mint Newspaper dated 06.07.2016)

Corruption and India Inc – Clarity Begins at Home

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India needs to address perceptions of widespread corruption that impact the ease of doing business. It ranks 76 in the International Corruption Perceptions Index 2015, and 130 in the World Bank’s Ease of Doing Business Index 2015.These statistics matter.

IMF research shows that investment in corrupt countries is almost 5% less than in relatively corruption-free countries. India needs to generate employment for over 12 million youth every year. And jobs need investment.

Increasingly , the party political system is recognising that jobs are a priority . It is more responsive to the call of corporate institutions for increased levels of transparency and ease of doing business. So, it is timely for corporate India to evaluate how it can contribute to the debate on rooting out corruption in public life.

India Inc needs to first demonstrate its commitment to putting its own house in order. A good place to start is with the adoption of a Code of Conduct by each corporate entity .

A Code guides the behaviour of the people within the corporate house. Its coverage can also be extended to value chain partners, thus increasing its impact. And it sets in motion industry dynamics that create a kind of competition to do good, reflected, for instance, in the integrity pacts that corporate entities have entered into in some overseas markets.

Once a baseline is set with a Code, it also creates sustained pressure on the institutition to keep improving on its own standards.

A key element in ensuring a Code is taken seriously is to encourage employees to speak up when they observe its violations. Such whistleblowing is all too often received badly within organisations. This has to change.

One of the principal reasons for corruption in India is the need to gene corruption in India is the need to generate funds to fight elections. The legislated limits on spending per constituency by candidates Rs.70 lakh in bigger states for general elections are widely acknowledged to be breached by most parties. Corporate houses now have more transparent alternatives to fund political parties in the form of electoral trusts that enjoy the sanction of the law.

The operations of these trusts can be scrutinised by stakeholders. By defining predetermined formulae for allocation of the trust funds, corporate entities can put in place transparent, non-discriminatory and nondiscretionary mechanisms that can significantly insulate them from political pressure. With increased public vigil, including demands to open the books of political parties to public scrutiny , electoral trusts may eventually lead the way to state funding of elections.

A wide cross section of India Inc is not fully aware of the reach and extraterritorial jurisdiction of legislation covering bribery and corruption across countries, including the Foreign Corrupt Practices Act (FCPA) in the US and the UK Bribery Act.

Indian companies are being increasingly questioned on the adequacy of their internal anti-bribery and anti corruption frameworks by potential or actual business partners, particularly from the US and Britain. The actions of Indian companies could expose the foreign partner to unwanted litigation, scrutiny and reputational risk. We are already seeing a rising trend in FCPA enforcements and actions involving the Indian operations of US companies.

The old adage of `what gets measured, gets improved’ holds just as true in the field of ethics and values. At the recent B20 Anti-Corruption Forum meeting in Shanghai, it was clear that the agenda of the most-powerful industrial economies is increasingly focusing on two key areas: identification of beneficial ownership of legal entities and making government procurement more transparent through the use of technology .

At the Brisbane Summit in November 2014, the G20 leaders adopted high-level principles on beneficial ownership transparency , describing financial transparency as a `high priority’ issue.This question has acquired greater urgency following the leak of the Panama Papers.

With the advent of new technological tools, the calls are increasing for automating government procurement and public services. E-custom clearance programmes and e-procurement processes for public procurement are helping to simplify policies, procedures and rules and removing discretion in these areas. Some countries are pushing for adoption of the HLRM (High Level Reporting Mechanism) ¬ a channel for companies to report corrupt behaviour in public procurement. The idea is then to identify and rate companies based on a `corruption index’.

Corruption increases uncertainty and leads to wastage of public resources and fundamentally undermines the rule of law. It is time for corporate India to play a leadership role by engaging in advocacy around the key issues to be resolved. This may be one of the greatest contributions an Indian corporate entity could make towards nationbuilding.

(Source: Article by Mukund Rajan in the Economic Times dated 06.07.2016)

Representation Made by 4 Organisations on IDS 2016

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11th July, 2016
Mr Hasmukh Adhia
Hon. Revenue Secretary
Ministry of Finance
New Delhi

Dear Sir

Subject:- Controversy regarding effective tax rate under IDS 2016

We write to you on behalf of members of our respective organisations and also on behalf of the citizens of India at large.

There is a raging controversy surrounding the effective rate of tax payable under the Income Declaration Scheme, 2016 [IDS]. This has arisen on account of different interpretations of the reply given to FAQ No. 5 in Circular No. 25/2016 dated 30th June, 2016. The same is reproduced below:

“Question No. 5: Where a valid declaration is made after making valuation as per the provisions of the Scheme, read with IDS Rules and tax, surcharge & penalty as specified in the Scheme have been paid, whether the department will make any enquiry in respect of sources of income, payment of tax, surcharge and penalty?

Answer: No.”

As a result of this FAQ and the reply provided, at various forums, an interpretation has been discussed that the effective rate of tax in such cases could work out to 31% instead of 45%. An illustration will explain this:

Even the senior officers of the Income-tax department are not clear and are giving differing replies. The problem that is caused on account of this confusion is that different people are providing differing advice to potential declarants.

Considering the fact this is an extremely important issue and goes to the very heart of the IDS, there is an urgent need to clarify whether the view that is being advocated by some as illustrated above is correct. The reply to FAQ No. 5 in Circular No. 25 mentioned above needs to be either modified or further clarified with the help of an example.

In the interest of the tax paying community and in the larger interest of the nation, we earnestly request you to kindly issue a clarification on this issue at the earliest. Upon receipt of the same, we shall give it extensive publicity amongst our members as well as amongst the tax paying community.

Assuring you and the Government of India our fullest support in the massive nation building exercise that is in progress,
We remain

Yours sincerely

sd/-
Chetan M. Shah
President
Bombay Chartered Accountants’ Society

sd/-
Hitesh Shah
President
Chamber of Tax Consultants

sd/-
Raju C Shah
President,
Ahmedabad Chartered Accountants’ Association

sd/-
Raghavendra Puranik
President,
Karnataka State Chartered Accountants’ Association

On Low Interest Rate Regime, Raghuraman Rajan takes critics head on

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Reserve Bank of India (RBI) Governor Raghuram Rajan tore into his critics on Monday, lobbying for a low interest rate regime to spur economic growth, by stating that such views are “hopelessly optimistic” about the powers of the central bank and any clever solutions in the form of unorthodox painless pathways lead to “depressingly orthodox consequences”.

Rajan was speaking at his first public engagement after expressing on Saturday his desire to go back to academia after his term at the central bank comes to an end on September 3. The outgoing central bank governor, dressed in a sharp black suit and maroon tie, was addressing a packed hall of students and members of academia at the foundation day of the Tata Institute of Fundamental Research (TIFR).

In a long speech that went into lucid explanations of how inflation and interest rate dynamics work in a monetary policy, Rajan, the academician, almost spelt out a point by point rebuttal to arguments charging RBI of misguided actions under his command. Defending his hawkish stance on inflation, Rajan said contrary to perceptions, savings rates have gone up in the economy as the savers are finally getting real interest rates in the form of low inflation. “In recent years, our fight against inflation also meant the policy rate came down only when we thought depositors could expect a reasonable positive real return on their financial savings. This has helped increase household financial savings relative to their savings in real assets, and helped bring down the current account deficit,” he said.

Critics in favour of targeting Wholesale Price Index (WPI) because it is low now would be eager to switch to Consumer Price Index (CPI) when WPI starts rising and crosses CPI, which it has done quite a few times in the past.

In fact, WPI is something that gets influenced by what global policymakers do rather than what RBI does and therefore, it should be CPI that needs to be the policy peg, the governor said.

“By focusing on WPI, we could be deluded into thinking we control inflation, even though it stems largely from actions of central banks elsewhere. In doing so we neglect CPI which is what matters to our common man, and is more the consequence of domestic monetary policy,” Rajan said, adding, “In doing so we neglect Consumer Price Index which is what matters to our common man, and is more the consequence of domestic monetary policy.”

Turning to the charge that RBI killed private investment by keeping rates too high, he said the policy rate in effect plays a balancing act.

Monetary policy is not responsible for high interest rates charged to highly indebted customers, but such companies are charged hefty risk premiums by banks as the lenders presume the loans may not get repaid. “This credit risk premium is largely independent of where the RBI sets its policy rate,” Rajan said.

The central bank also came under fire for the monetary policy failing to show effects on inflation when the economy is supply constrained, especially in case of food inflation. “The reality is that while it is hard for us to control food demand, especially of essential foods, and only the government can influence food supply through effective management, we can control demand for other, more discretionary, items in the consumption basket through tighter monetary policy,” Rajan said. Rajan said the central bank was prepared to face any volatility that may arise due to Brexit. “Brexit can be quite damaging if it happens. Of course, we have factored in some probability of it happening. If it doesn’t happen, you could see some significant rebound. We are preparing for it and monitoring the markets. We have said earlier that we have three lines of defences – good policy, we have pushed out the maturities of foreign borrowings and they are not significantly worrisome at this point, and finally we have plenty of reserves,” Rajan said. “We will do what it takes to moderate market volatility, but once the initial bouts of wave abate, people look for good fundamentals.”

(Source: News Report in Business Standard dated 21.06.2016)

Narendra Modi’s essential vision of Indian institutions – Creating prosperity for India will involve changing the rules of the game

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In an annual lecture organized by NITI Aayog on 26 August, Prime Minister Narendra Modi remarked: “There was a time when development was believed to depend on the quantity of capital and labour. Today, we know that it depends as much on the quality of institutions and ideas.” Modi’s comment seems to be inspired, partly, from Why Nations Fail (2012) by Daron Acemoglu and James A. Robinson. In their thought-provoking book, Acemoglu and Robinson argue that institutions, and they alone, determine the prosperity of a nation. Before proceeding, it is important to distinguish between two kinds of institutions. The first refers to rules of the game—formal laws and informal norms. The second is in the nature of organizations.

Douglas North makes a distinction: “If institutions are the rules of the game, organizations and their entrepreneurs are the players.” Geoffrey Hodgson clarifies that North’s treatment of organizations as players does not rule out their becoming institutions themselves, especially when intra-organizational conflicts are taken into account. Since Modi went on to talk about NITI Aayog, which he set up as an evidence-based think tank, he was most probably talking about the second kind of institution—the organization. But his repeated reference to “ideas”—and transformative ones at that—means he did not preclude the first kind. After all, the concept of limited liability was just an idea before New York made it a law in 1811 and moved towards becoming the financial centre of the world.

“Inclusive economic institutions that enforce property rights, create a level playing field, and encourage investments in new technologies and skills,” say Acemoglu and Robinson, need to be supported by “inclusive political institutions, that is, those that distribute political power widely in a pluralistic manner and are able to achieve some amount of political centralization…” If NITI Aayog is an example of a new organization set up by the Modi government, the monetary policy framework has brought in new rules for fighting inflation. The goods and services tax (GST) council can be an example of the inclusive political institution that Acemoglu and Robinson talk about. The GST council centralizes indirect tax collection while providing both the states and centre a voice in setting tax rates.

Acemoglu and Robinson’s theory is not without sceptics. Jared Diamond has criticized it for ignoring geography; Arvind Subramanian says it fails to explain the development trajectory of both India and China. With India too poor for its level of political institutions and China too behind in its institutions for its level of income, Subramanian says Acemoglu and Robinson fail to explain the development trajectory of “one-third of humanity”.

Francis Fukuyama blames it for not elaborating on what makes an inclusive institution as opposed to an “extractive” one. Crucially, Fukuyama does not find the theory original as he says there is “no real difference between the ‘extractive/inclusive’ distinction” in Acemoglu-Robinson “and the ‘limited/open’ access distinction” in Violence and Social Orders (2009) by North, John Wallis and Barry Weingast. The latter three have argued that limited access order—the default state of human societies—create political stability by limiting economic and political participation. Not many nations have been able to break out of this by creating open access order which maintains political stability along with open economic and political participation.

While agreeing that the institutions are important, the critics don’t think they alone can explain prosperity. But Modi’s focus on institutions is not misplaced either. The critics of Acemoglu and Robinson will be satisfied with his verbiage. India’s bridge to open access order will involve changing the rules of the game—creating competitive markets and liberal institutions, not just seeking higher cash flows under the same old rules.

But when speaking of organizations as institutions, Modi will also have to focus on institutional design. Devesh Kapur and Pratap Bhanu Mehta argue that “limited effectiveness of its public institutions” is both “a critical factor explaining India’s modest record in governance and development” and a result of poor institutional design. Therefore, even if the monetary policy framework is a commendable development, it does not take away from the challenge of appointing the right people to man the monetary policy committee. Creating a culture of evidence-based thinking at NITI Aayog is also an institutional design problem. An institution in place tasked with evidence-based thinking is not enough

(Source: Editorial in Mint Newspaper dated 07.09.2016)

‘Real Beauty’

A few years ago, I read a news item
that the sense of beauty in Indian men’s perception is not mature enough! It
was in the context of the ‘vital statistics’ of a woman’s figure, her complexion
and other criteria.

 

I wondered as to who are the
Americans or Europeans to dictate the standards of beauty. After all, the
beauty lies in the eyes of the beholder –as rightly said by an Urdu ‘Shayar’

 

“Kubsoorti dekhnewale ke dilme hoti
hai”

           

There is a story of Jesus Christ.
His mother went to his school a little before the school recess. She was in a
hurry; so she handed over the tiffin to another lady waiting to give tiffin to
her child. Jesus’s mother requested her to hand over the tiffin box to Jesus.
The lady said she did not know Jesus. The mother said when the children would
come out, the most beautiful child would be Jesus. The lady agreed.

 

Obviously, the lady handed over the
tiffin to her own son!

 

This is a universal truth. ‘Beauty’
– like many other qualities is a relative and subjective term. It varies from
viewer to viewer.

 

Once upon a time, there was a great
quarrel between Shree Laxmidevi – Lord Vishnu’s wife – Goddess of
riches and Shree Shanidev (God of planet Saturn who is known to trouble
the people for a period of seven and a half years – called sade sati).
The dispute was as to who between them looks more beautiful.

 

About the beauty of Goddess
Laxmi,
all of us know well. But Saturn as a planet also looks very nice –
with the three illuminating rings around him. The dispute was not getting
resolved. Fortunately, there was no judicial system like it is of today.
Otherwise, the litigation could have continued for thousands of years; and
perhaps even Laxmiji would not have afforded the lawyers’ fees!

When they were arguing between
themselves at the top of their voice, Shree Naradmuni was passing by. He
heard it, saw them and tried to escape from there. He smelt that he was in
trouble!

 

Laxmiji and Shaniji
saw Naradji and called him close. They referred the dispute to his sole
Arbitration. He was not like present arbitrators and being a Sanyasi,
had no greed for money! At the same time, he wanted to avoid the embarrassing
‘assignment’ since he could not afford the frown of either! But despite his
request, and the pretext of ‘hurry,’ they would not let him go.

 

After all, Narad
was the son of Lord Brahma – and had extraordinary intelligence. He
thought of an idea. He asked both of them to walk upto a distant tree and come
back. They were wild. They said – “Naradji, we are asking you to decide who
between us is more beautiful and you are asking us to walk to the tree?”. But
they had no choice as the arbitrator had certain powers!

 

They walked reluctantly and
returned.

 

“No, No, No, No, No, No!” said Naradji;
“I didn’t see properly. You should not have anger on your faces. It mars the
beauty! Please do it again”. Poor Laxmiji and Shaniji were
furious in their minds; but could not express their displeasure before him.
They performed the ‘walking’ act again.

 

Naradji smiled and said
“yes, yes! Now I realised. While walking away from here, Shanidev looked
more beautiful and while coming back from the tree, Laxmiji was more
beautiful!

 

So friends, beauty lies in your
perception; your mood and your expectations!

 

Can
the same thing be said about ‘GST’?

Furnishing of Form GSTR-3B

August 9, 2017

To,

The Revenue Secretary

Shri Hasmukh Adhia

The Government of India

Ministry of Finance,

(Department of Revenue)

(Central Board of Excise
& Customs)

New Delhi.

Dear Sir,

Ref: Notification No.
21/2017 – Central Tax dated 08.08.2017 [F. No.349 /74 /2017-GST(Pt.)]

Sub.: Furnishing of
Form GSTR-3B

This has a reference to the
above referred Notification issued by your office regarding the dates by which
the summary return in Form GSTR-3B has to be filed.

As per the said notification,
the Form GSTR-3B for the month of July 2017 has to be filed before 20th
August 2017. Accordingly, the effective last date for filing the same is 19th
August 2017.

While filling the Form GSTR-3B,
we are able to fill in all the details but when we try to upload the Form by
clicking on the “submit” tab, the uploading does not take place. We are
unable to move further.

Further, between the date of the
notification and the last date of filing the Form GSTR-3B though there are
eleven days but out that, five are holidays as listed hereunder:

Sr.
No.

Date

Nature
of Holiday

1.

12th August
2017

Second Saturday of the
month

2.

13th August
2017

Sunday

3.

14th August
2017

Janmashtami

4.

15th August
2017

Independence Day

5.

17th August
2017

Parsi New Year

As such, the effective working
days are just 6 days which are too short to ensure timely filing of the Form.

In view of the above, we request
your goodself to kindly consider the difficulties faced by the tax payers and
the professionals and extend the said date to 1st September 2017.

Thanking you

 

For
Bombay Chartered Accountants’ Society,

                                                                             

 

Narayan
Pasari                                                           Deepak
R. Shah              

President                                                                                            Chairman
– Indirect Tax Committee

GST – implementation – Practical difficulties – need for appropriate Guidance

September 1st 2017

To,

Shri Hasmukh Adhia, Revenue Secretary,

The Government of India,

Ministry of Finance,

(Department of Revenue, Central Board of
Excise & Customs)

New Delhi

 

Dear Sir,


GST Implementation –
Practical Difficulties – Need for appropriate Guidance

A.  Registration:

1. Section 22 of CGST Act
states “(1)Every supplier shall be liable to be registered under this Act in
the State or Union territory, other than special category States, from where he
makes a taxable supply of goods or services or both, if his aggregate turnover
in a financial year exceeds……”

     There is wide spread
confusion about the phrase “from where he makes a taxable supply of goods or
services”. Different interpretations are being given by Central authorities and
State authorities. It is requested that either the terminology may kindly be
defined in the Act itself or appropriate guidance may kindly be provided in
this regard so that the Taxable Persons can comply with the requirements
accordingly.

2.     Many dealers, who were already registered under the earlier laws,
have not been able to migrate due to various difficulties: one of them is
difference in PAN in the records of authorities and real PAN. They should be
permitted to migrate the registration with effect from 1st July 2017
by bringing in suitable amendments in the portal. The time limit for making
application for migration by such persons may be provided to be 30 days from
the introduction of this functionality on the portal.

3.  There are certain
sectors, which have come into the GST net for the first time (they were not
liable for VAT or Service Tax earlier). Many of them have already applied for
registration, but their applications are still pending for approval, all such
applications may kindly be cleared at the earliest. And those who have not yet
been able to apply due to any kind of confusion or due to non working or slow
working of website or for any other reason, may kindly be permitted to apply
for registration w.e.f. 1st July 2017. The time limit for making
application by such persons may be stipulated to be 30th September
2017.

4.     It may be noted that unless registration is granted to such
persons, they may not be able to issue Tax Invoice. Thus, will not be able to
pay tax and submit returns etc.

5.   Further, in many cases
where application has been made before 30th July for new
registration, certificates have been issued granting registration w.e.f. the
date of granting registration, instead of date of liability. The online filing utility
for GSTR-3B does not allow such dealers to submit return for the month of July.
It may be necessary to issue general instruction for all such cases that their
registration should be made effective from 1st July 2017 and that
the portal should accept invoices of the earlier date.

B. Submission of Returns and
Payment of Taxes:

     Present provisions under
the GST laws provide filing monthly returns by all tax payers whether small or
big. (Except those who have opted for composition scheme). And such returns
have to be filed in three parts on three different dates. Several restrictions
have been prescribed whereby if a person wishes to submit required information
earlier than the due date, he cannot do so. This is creating greatest unrest
among the small and medium enterprises. It may be imperative for the Government
to mitigate the hardship likely to be caused to all such taxable persons.

    It looks like that
suggestions made by various trade associations in this regard have been
ignored. If your good selves have a look at the provisions in GST laws
worldwide, you will appreciate that all such countries who have successfully
implemented GST have ensured much easier compliance by the tax payers. However,
our country has chosen such a rigid time frame and in such a manner, which is
practically impossible to comply with on regular basis. Kindly consider the
time and energy which will be required for such kind of compliance by SMEs
every month throughout the year.

     It is requested
therefore, Chapter IX of the CGST Act regarding submission of returns etc. may
kindly be revisited. (Suggestion made by various associations may kindly be
considered and/or the provisions may kindly be made on the lines of similar
provisions under the laws of various other countries who have successfully
implemented VAT such as EU VAT, Australian VAT or Singapore VAT, etc.)

     It is also observed that
many functionalities on the portal are still not operational. The trade and
industry will need at least 30 days to understand the nuances of the portal
since it is the first time of operation. Therefore, it is suggested that the
due dates of filing of various returns be decided at least 30 days after the
respective functionalities are opened on the portal.

   Further, the
offline/online utility should be provided in such a manner that GSTR-3 is
simultaneously generated from information contained in GSTR-1 and GSTR-2.

     Form GSTR-3B requires a
taxable person to report “supplies made to composition dealer”. As the
compliance of such a requirement looks almost impossible, the Form may kindly
be amended accordingly.

     The due date for payment
of tax may remain same i.e. within 20 days from the end of month.

C. Reverse Charge Mechanism:

   Another major area of
concern to all the tax payers (whether big or small) is provisions contained in
section 9(4) of the CGST Act (supplies received from un-registered persons),
coupled with section 31(3)(f) and the condition that the liability under
reverse charge has to be first paid in cash and the credit thereof (if
eligible) can be claimed thereafter.

     Section 9 “(4) The
central tax in respect of the supply of taxable goods or services or both, by a
supplier who is not registered, to a registered person shall be paid by such
person on reverse charge basis as the recipient and all the provisions of this
Act shall apply to such recipient as if he is the person liable for paying the
tax in relation to the supply of such goods or services or both.”

    Section 31(3) “(f)a
registered person who is liable to pay tax under sub-section(3) or sub-section
(4) of section 9 shall issue an invoice in respect of goods or services or both
received by him from the supplier who is not registered on the date of receipt
of goods or services or both;”

    Respected Sirs, there is
an urgent need to kindly have a look into the provision once again. How much
revenue does the Government expect from such a provision? It will be the most
cumbersome job for the tax payers calculating liability on account of all such
supplies received from ‘un-registered persons’, issuing an invoice for all such
supplies, calculation of tax for each item at respective rate, payment thereof
and thereafter again claiming credit of the same amount as ITC. It may the most
time-consuming exercise for all taxable persons throughout the country,
resulting into almost no additional revenue to the Government and undue burden
of cash outflow on the Tax Payer. It may also result into a tool of harassment
at assessment and audit proceedings. It is requested that such provisions must
be avoided.

    Till necessary amendment
is done in the Act, the applicability of section 9(4) may kindly be kept in
abeyance, or, permission may kindly be granted to discharge the liability
through the Electronic Credit Ledger to the extent credit is available in
respect of such supplies received from un-registered suppliers in the same tax
period.

D. Time of Supply:

     Section 12(2) of CGST
Act may need appropriate amendment to provide ease of compliance.

E. Place of Supply:

     Considering
the complexities involved in the provisions, it is requested that a Guidance
Note may kindly be issued for appropriate compliance by Taxable Persons. It may
be noted that there are different views expressed by the concerned authorities
and leading consultants in respect of various kinds of transactions of supply
of goods as well as in respect of supply of services.

F. Composition Schemes:

     World over composition
schemes are being encouraged for easier compliance by all those who are
generally supplying goods/services to consumers, but, the Composition Schemes
as provided under our laws contain too many conditions and restrictions whereby
all those who really want to opt for composition cannot do so. It is suggested
that:

1. The turnover limit of
Composition scheme for manufacturers and retailers may kindly be raised to
Rupees 150 lakhs (from present limit of Rs. 75/50 lakhs).

2. The Composition Scheme
for hotels (restaurants, eating houses and caterers) should be permitted to all
such establishments without any limit of turnover. It will provide a great
relief to all those people who are dependent on such eating houses for their
daily meals. As the rate of composition under this scheme is kept at 5%, which
is much higher than other composition schemes, the suggestion may kindly be
considered in the interest of people in general.

G.         HSN Codes and
Rates of Tax:

1.   Although the Government
has not made it clear to the people that why it is necessary to mention HSN
code in respect of each and every supply of goods and why HSN code-wise summary
of intra state and interstate supplies is required to be reported in GSTR-1 and
GSTR-2, in this connection, kindly have a look at the rates of tax prescribed
through various rate schedules, items falling under same HSN code (2 digits and
4 digits) may be liable to tax under 2 or 3 different rate schedules. The
registered tax payers are maintaining rate wise bifurcation of each outward
supply as well as inward supply. Further bifurcation thereof into HSN codes and
service accounting codes may result into a much complicated accounting and the
same may lead to various kinds of errors in reporting. It is requested that HSN
code-wise reporting may kindly be kept in abeyance for the time being (at least
during first two years of implementation).

 2. The Rate Schedules may have to be thoroughly reviewed. In the
present set up it is likely to raise a large number of classification disputes,
which must be avoided for having it to be a just and fair law.

H. FAQs and Replies through
Twitter:

    It should be made clear
to all those concerned that whether replies given through Twitter can be
considered as official reply of the Department and if someone has followed the
same whether he will be protected from levy of additional tax, fine and
penalties.   

Thanking you

Yours sincerely,

 

For
Bombay Chartered Accountants’ Society,

                                                                                 

 

Narayan
Pasari                                                           Deepak
R. Shah              

President                                                                    Chairman
– Indirect Tax Committee

Intimation Issued Under Section 143(1) of the Income-Tax Act, 1961…

24th August 2017

To,

Mr. Sushil Chandra, Chairman

Central Board of Direct Taxes,

North Block,

New Delhi

 Dear Mr. Chandra

 

Sub: 1)
Intimation issued under section 143(1) of the Income-tax Act, 1961 (‘the Act’)
displays mismatch of income without detailed analysis or reconciliation of income tax
returns filed by assessees.

 

            2) Challenges and potential consequences in
relation to returns processed by CPC

 

On behalf of our members
and on behalf of thousands of affected tax payers of the country, we would like
to bring to your kind attention some serious issues which have been brought to
our notice by some of our members on the captioned subject.

 

1.  Issuance of intimation under section 143(1) of the Act without
detailed analysis

It is noted that while
issuing Intimations issued u/s. 143(1) for A.Y. 2016-17, in a large number of
cases, notices have been sent to tax payers pointing out alleged discrepancies
in the income shown in the return of income. These notices are based on a
reconciliation done by the CPC between Form 26AS, Form 16 (in case of salaried
tax payers) and the figures reflected in the ITR forms. In most cases, the
notices state that the difference between the figure as per the ITR and the
figure as per Form 16 / 26AS represents under reported income or over reported
deductions and therefore adjustments will be made in the Intimation to be
issued u/s. 143(1).

Some of the sample
adjustments that have been proposed to be made in several cases are given
below:


a.  Denial of Allowances, Deductions and extra additions made at the
issuance in Income Tax Return

 

a.1 Allowances
which are exempt under section 10(14)(ii) of the Act read with Rule 2BB of the
Income-tax Rules,1962 (‘the Rules’),claimed in the
Income-tax return has been disallowed since the same has not been considered in Form 16 issued to the
assesses say Transport Allowance

 

a.2 Chapter
VI- A deductions- mainly u/s. 80C, 80D and 80TTA have been denied on the ground
that the same are not reflected in the Form 16.

It is respectfully
submitted that these types of comparisons are completely unfair and unwarranted
u/s. 143(1). First of all, Form 16 cannot be made the basis for computing the
total income of an assessee. At best, the salary income can be verified with
the Form 16. An assessee has every right to claim deductions and/or exemptions
if he/she is entitled to do so under the Income-tax Act even if the same are
not reflected in the Form 16. It may be appreciated that issuance of Form 16 is
not in the control of a salaried person. It is done by the employer. If an
employer makes a mistake or if an employer provides incomplete information in
the Form 16, that cannot be taken as the basis for making upward adjustments in
an employee’s total income. In any case, deduction u/s. 80TTA can never form
part of Form 16 since it is a deduction in respect of interest on savings bank
account. This deduction will never appear in the Form 16 unless the employee
has provided details of his income from savings bank account to his employer.

Further, it is common
knowledge that many times, employees prefer to pay advance tax on their non
salary income instead of disclosing the said income to the employer and getting
a TDS done from that income by the employer. This stand is taken across the
country by thousands of employees. There could be various reasons for this. One
very strong reason for taking such a stand is to protect the privacy of one’s
other income from the employer. In such cases, the income as well as deductions
claimed under Chapter VI-A against such income will not appear in the Form 16.

It is respectfully
submitted that proposing adjustments to the income based on such a comparison
will only add to the problems faced by taxpayers. This is in stark contrast to
the Finance Minister’s repeated statements that the government would like to
make tax laws simple and easy to comply with, for taxpayers.

As regards the exemptions
like transport allowance, there are multiple situations where the Form 16
generated by an employer is not accurate in all respects. Often, employers show
only net taxable salary income in the e-TDS statements and Form 16 instead of
showing the gross separately and the exemptions separately. On the other hand,
an employee, while filing his own return, would show the correct amounts (i.e.
gross and exemptions). In such cases, the employee cannot be penalised because
of the lapse of the employer. At the end of it, the employer has every right to
disclose his true and correct income in the return.

 

b.  Amounts on which Tax is Collected at Source is being considered as
Other Income

In certain cases, the
seller of certain goods has to collect tax at source and pay it to the
government. This TCS appears in the Form 26AS of the tax collector. In several
cases, it has been brought to our notice that the gross amount (on which the
seller has collected the tax at source) is being added to the total income of
such person based on Part B of Form 26AS which displays the details of tax
collected at source (TCS) by the seller.

           

c.  Notice u/s. 139(9) of the Act

In a large number of cases,
tax payers have received notices u/s. 139(9) stating that the return filed is
defective. In such cases, the reason given for such a stand is that certain
amounts as shown in the ITR in the fields of income do not match with the
amounts shown in the ITR in the Balance Sheet / Profit & Loss Account
fields.

In this regard, certain
examples brought to our notice by some of our members are given below:

Case
one:  

When a taxpayer has Capital
Gains which is credited to the Profit & Loss Account, the same is reduced
from the figure of Net Profit in the computation and then offered for tax under
the head “Capital Gains”. The amount that is reduced from the Net Profit as per
Profit & Loss Account would be the book profit. On the other hand, the
amount of capital gains offered for tax in the return would be as computed
under the provisions of the Income-tax Act. Therefore, in case of long term
capital gains, the gain offered to tax would be indexed gain which would
naturally be different from the figure of book profit.

In such genuine cases also,
the income tax return has been treated as defective return under section 139(9)
of the Act to the extent of mismatch between the schedules of Business Profit
with reference to CG schedule.

Case two:

The Income tax return has
been rejected on the basis of difference between schedules of Business Profit
and Income from Other Source as illustrated hereunder:

Actual facts of the case –
income earned by Mr. A

 

Sr.
No.

Particulars

Amount (Rs.)

Amount (Rs.)

1.

Net
Profit as per Profit & Loss Account (includes Interest income of parent)

 

       
35,000

 

 

 

 

2.

Other
Sources

 

 

 

Interest
Income

 

 

 

Parent

10,000

 

 

Minor’s
income (which would obviously not be credited to P&L Account of the
parent)

15,000

 

 

 

 

           
25,000

 

 

 

 

 

 

 

 

  Thus, in the above example,
the gross income of the assessee would be as under:

 

Business
Income (35,000 less 10,000) =

Rs. 25,000

Income
from Other Sources (own + minor’s income)

Rs. 25,000

Total

Rs. 50,000

 

 

In the return of income
filed by Mr. A, the above data would be shown as under. As against this, the
last column shows the stand that the CPC is taking while processing the
returns:

 

Particulars

As
per Return

Stand
taken by CPC

Business
Profits

35,000

 

Less:
Interest Income – Parent

            
10,000

Mismatch
of Interest income offered under other sources as reduced from Business
Income.

Net
Business Income

            
25,000

 

 

 

 

Other
Sources

 

 

Interest
Income

 

 

Parent

10,000

 

Minor’s
income

15,000

 

Total
Income from Other Sources

         
25,000

Interest
income offered for tax is not matching with interest income reduced from
Schedule Business Profits

Gross
Income

50,000

 

Thus, in such cases, while
processing the return, non-existent defects are pointed out by the CPC and the
return is treated as defective. 

Case
three:

In Form ITR 1 – Income from
salary (net) has to be mentioned in Part B. On the other hand, the employer is
required to show gross salary, various exemptions (like HRA, LTA) and the net
taxable salary in the TDS return filed in Form 24. As a result, Form 26AS shows
gross salary based on the TDS return filed by the employer. 


In such cases, the income
tax return has been treated as defective return under section 139(9) of the Act
due to the mismatch of salary income shown in ITR 1 and Form 26AS. It may be appreciated
that in such cases, the tax payer cannot, even if he wants to, show the gross
salary and the deductions/exemptions separately in ITR 1.

In ITR 2, in salary
schedule, gross salary, exempt allowances and net salary can be shown and hence
139(9) notices are not received if ITR 2 is filed.

 

2. Challenges and potential
consequences in relation to returns processed by CPC

Quoting from the maiden
budget speech of the Hon’ble Finance Minister in 2014 “……I would like to convey
to this August House and also the investors community at large that we are
committed to provide a stable and predictable taxation regime that would be
investor friendly and spur growth….”.

However, receipt of notices
of defective returns as mentioned in preceding paragraphs not only negate the
stated objective of the government but also create huge challenges and hardship
on the affected assessees. In this process, the good work done by the
income-tax department of expeditious disbursement of refunds in several cases
goes unnoticed and the negativity created by such wrongful and inappropriate
adjustments / proposed adjustments to the income overshadows the minds of tax
payers.

We humbly request your goodself
to resolve the issues and issue necessary directions to the CPC so that before
issuing any notices to the assessees, proper care is taken and unnecessary
hardship is not caused to tax payers.

Thanking you,

Yours sincerely,

 

For
Bombay Chartered Accountants’ Society,

                                                                                 

 

Narayan R.
Pasari                                                       Ameet
N. Patel                

President                                                                      Chairman,
Taxation Committee

TaxFunwithBCAS

Budget is not merely a financial event
but an emotion in India. It evokes vociferous and often acrimonious discussions
across the country and one cannot even dream of social media not being
bombarded with Budget related posts and forwards. This year the Taxation
Committee of the BCAS tried to make the Budget-2018 even more interesting and
engaging by inviting members to post humorous/witty/out of the box messages
relating to the Budget, on any of the three Social Media websites – Facebook,
Twitter, LinkedIn where @bcasglobal has a presence – using the hashtag
‘#TaxFunwithBCAS’. And thanks to all our followers, we received an overwhelming
response to this initiative.  As
informed, we are truly glad to publish some of the popular ones in our BCA
Journal, given below.

1) Sunil Gabhawalla? @sbgco Feb 6

Equity and tax can need strangers. But
do they need to be enemies? Mr. Dastur at his witty best TaxFunwithBCAS @bcasglobal

2) Ameet Patel?
@patelameet Feb 1

Confused. Whether to watch TV and
listen to experts commenting on the Budget without having read it or To
download the budget and read it myself first. Budget2018withBCAS
@bcasglobal TaxFunwithBCAS

3) Naman Shrimal?
@CANamanShrimal Feb 1

5 lakh WiFi spots for benefit of 5
crore rural citizens… Now please don’t bother us with irrelevant demands like
water, food, road and safety !!! taxfunwithBCAS
JSCO budget2018

4) Paras Gandhi?
@Parasgandhi69 Feb 1

2 min silence for cryptocurrency
holders bitcoincrash jiocoin Budget2018 Budget2018WithTaxmann
TaxFunwithBCAS

5) Rutvik Sanghvi?
@zanyrutvik Feb 1

After zandu balm and Bata shoes, it’s
now time for Hawai chappals. Hope the company tries suing the FM. It’ll be fun
to see the arguments. Budget2018withBCAS
TaxFunwithBCAS @bcasglobal

6) Siddharth Banwat? @sidbanwat Feb 1

TaxFunwithBCAS
– Post Budget 2018
Resolution – Let’s become part of rural population to get benefit of good
governance

7) Ameet Patel?
@patelameet Feb 1

Will the FM bring a tax on corruption?
Will the FM reduce tax on honesty? @bcasglobal
Budget2018withBCAS TaxFunwithBCAS
 _

51st Residential Refresher Course (RRC) Report

The 51st Residential Refresher Course (RRC) of Bombay Chartered Accountants’ Society (BCAS) was held at Hotel
Dreamland, Mahabaleshwar from 11th January 2018 to 14th January 2018. In all, 100 participants from various parts of
India joined this flagship programme of BCAS.
On the first day, CA. Narayan
Pasari, President BCAS
welcomed the participants.
He highlighted the journey
of BCAS RRCs and recent
activities undertaken by BCAS.

He shared his experience about
his journey with BCAS from
joining the Seminar Committee
to the Presidentship. He also
shared the vision of BCAS
to promote young members
( ) to be able professionals
and hence promoted 3 of them
at this RRC.

CA. Uday Sathaye, Chairman
Seminar Committee welcomed
everybody and explained the
importance of RRC in adding
value to the professional life of BCAS members
participating in RRCs. He compared RRC to a Guru.
He acknowledged contribution of Paper Writers,
Group Leaders and Participants 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 introduced and shared his thoughts about CA.
Pranay Marfatia, Past President and Chief Guest
of this 51st RRC. He highlighted CA. Pranaybhai’s
contribution towards success of earlier RRCs.
Thereafter, an audio clip was played, as rich
compliments were made by many Past Presidents
of BCAS about CA. Pranaybhai’s Involvement,
Dedication and Contribution to BCAS activities.

CA. Pranay Marfatia, Past President of BCAS then
inaugurated the 51st RRC. He shared his experience
of past RRCs. He spoke on changing paradigm of the
CA Profession. He also shared his views about the
expectation by the regulators and the stake holders from
CA Profession and the future challenges. He concluded
his address with a clear message that there is a need to
be updated on every front in profession and one should
not compromise on any principles.

The First Technical Session was chaired by CA. Pradip
Kapasi, Past President of BCAS. Dr. Rakesh Gupta
dealt with the issues raised by participants during Group
Discussion on his paper titled Case Studies in Taxation.
In his inimitable style covering all the issues in the
fields of Business Income, Capital Gains, Assessment
Proceedings etc., he dealt with the questions raised in the
case studies along with issues communicated by group
leaders and provided answers to the queries raised. His
command over the subject was appreciated by everybody.
On the second Day, the 2nd Technical Session was chaired
by CA. Rajesh Shah, Past President of BCAS. CA. Dhinal
Shah, Central Council Member – ICAI presented paper
titled Insolvency & Bankruptcy Code, Challenges
and Professional Opportunities. He commenced his
presentation with the process of registering as Insolvency
Professional (IP) by Chartered Accountants. He
highlighted the important role that Chartered Accountants
can play in the revival of defaulting companies and the
expected challenges to be faced by IP. His presentation
was very helpful to the participants particularly from the
point of view of the subject being a new area of practice.
The Third Technical Session was chaired by CA. Anil
Sathe, Past President of BCAS where CA. Bhadresh
Doshi dealt with ICDS- Significant Issues.

In his unique style, CA. Bhadresh Doshi explained various
points in interpretation issues in ICDS in view of Recent
Delhi High Court Judgements annulling various ICDS.
These issues are very relevant in day to day practice
and the presentation was extremely useful to all the
participants. The contents of paper as well as the lucid
explanations by the paper writer, was a rich and rewarding
experience for the delegates.

In the evening, participants had free time for sightseeing
etc. After dinner, participants enjoyed music and
entertainment programme.

On the third day, the Fourth Technical Session was
chaired by CA. Rajesh Muni, Past President of BCAS.
CA. Anand Bathiya presented paper on Corporate
Governance. He elaborated on the key amendments in
Governance of Listed Companies introduced by SEBI
and the important provisions of The Companies (Am
endment) Act 2017. He also highlighted the significant
amendments affecting the obligations and responsibilities
of the Auditors.

The Fifth Technical Session was chaired by CA. Govind
Goyal, Past President of BCAS where CA. Mandar
Telang presented paper titled GST – Legal Issues. He
enlightened the participants on recurring issues in GST.
He highlighted the practical problems affecting various
sectors of economy through his relevant and analytical
case studies.

He shared his experience of the importance of GST
implication in structuring the business process of various
industries.

An evening session was chaired by CA. Prafullachandra
Oak where CA. Chandrashekhar Vaze presented
his thoughts on “Code of Ethics need for Eternal
Vigilance”. He quoted lots of examples and his
experience from disciplinary cases. He very effectively
highlighted the need of following code of ethics and doing principle centered practice. The points raised by CA.
Vaze were very well received by the participants and he
also answered the questions raised by the participants on
the subject.

On the last day of RRC, a Panel Discussion was anchored
by CA. Sunil Gabhawalla and CA. Sangeeta Pandit
on “CA practice- Challenges & Opportunity- Across
Multiple profession Domains”.

CA. Bhavana Doshi, CA. Anil Sathe, CA. Nandita
Parekh and CA. Anup Shah were the esteemed
Panellists. During the three hours of the discussion, the panellists were very candid and open in their thoughts.
The Panel Discussion covered topics such as how to
obtain Domain Knowledge, develop Entrepreneurship
Skills, Mentor and retain Talent, work in Groups, adapt
to Technology, emerging Areas of Practice and host of
other issues. There was also a discussion on Succession
Planning and Sustainability of CA Firms. The Panel
Discussion was concluded on a very positive note with a
request from the participants that similar session should
be held in all future RRCs.

CA. Uday Sathaye, Chairman Seminar Committee and
CA. Narayan Pasari, President BCAS concluded the
51st RRC by acknowledging all the participants with a Big
Thank You!

Everybody parted with a commitment to meet again
next year.

Society News – II

GST Seminar at Ahmedabad
jointly with CA  Association of Ahmedabad
held on 23, June, 2017

BCAS held a one day seminar on GST jointly with Chartered
Accountants’ Association of Ahmedabad (CAA). The object of the conference was
to disseminate the views of eminent faculties who have carried out in depth
study of newly enacted law of GST together with their vide experience in
profession. CA Puloma Dalal, CA Chirag Mehta and CA Dushyant Bhatt, faculties
from our Society spoke on various areas of GST at length at the full day
seminar. The seminar was attended by 85 participants.  

CA. Puloma Dalal

CA. Chirag Mehta

CA. Dhushyant Bhatt

In the first session CA
Puloma Dalal gave the participants an overview of GST law including the concept
of Supply under GST and provisions relating to liability to pay Tax and Time
and Value of Supply

CA Chirag Mehta gave a
detailed presentation on provisions relating to return filing and took the
participants through the process of filing of returns. He also discussed the
statutory provisions relating to Input Tax Credit under the GST Law and the
concept of matching of ITC under the GST Law

CA Dushyant Bhatt
discussed the provisions relating to job work and dealt with various issues to
be addressed by the entity carrying out job work as well as by the entity
sending material for job work, payment of tax, TDS and E-Commerce provisions
including TCS.

A one and half hour long
interactive panel discussion was held where various questions of the
participants were taken up by the three speakers. Participants benefitted a lot
from the meeting.

GST Workshop with IMA Indore held on 24th June,
2017 at Indore

BCAS jointly with Indore Management Association (IMA)
organized Exclusive Workshop on Saturday, June 24, 2017 at Brilliant Convention
Centre, Indore titled “Fasten Your Seat Belt-GST ready for take off”.

Faculty for this workshop
representing BCAS comprised of CA. Rajat Talati, and CA. Deepak Thakkar. CA.
Santosh Muchhal, President, IMA welcomed the delegates and thanked BCAS for
this workshop. President (Elect) of BCAS CA. Narayan Pasari in his welcome
speech introduced BCAS to the gathering. He also mentioned that GST is a
win-win reform for everyone and will have lasting benefits for businessmen,
Government, consumers and professionals.

CA Rajat Talati started the first session by stating that GST
is an Integrated Tax Regime which will reduce Policy Paralysis in Indian
Economy. It will also avoid Double Taxation problem which of late is posed as a
major threat for the Indian Economy.

CA. Talati explained that
Goods and Service Tax (GST) is a destination based tax on consumption of goods
and services. It is proposed to be levied at all stages right from manufacture
up to final consumption with credit of taxes paid at previous stages available
as setoff. In a nutshell, only value addition will be taxed and applicable tax
is to be borne by the final consumer.

CA Deepak Thakkar took the
2nd Session and explained that Goods and Services Tax (GST) will be
levied at multiple rates ranging from 0 per cent to 28 per cent. GST Council
finalized a four-tier GST tax structure of 5%, 12%, 18% and 28%, with Zero to
lower rates for essential items and the highest for luxury and de-merit goods
that would also attract an additional cess. Goods and Service Tax on services
will go up from 15% to 18%. The services being taxed at lower rates, owing to
the provision of abatement, some services such as train tickets etc will fall
in the lower slabs.

It would be a dual GST with the Centre and States
simultaneously levying it on a common tax base. The GST to be levied by the
Centre on intra-State supply of goods and / or services would be called the
Central GST (CGST) and that to be levied by the States would be called the
State GST (SGST). Similarly Integrated GST (IGST) will be levied and
administered by Centre on every inter-state supply of goods and services. The
GST will be shared by the Centre and the respective State equally.

CA. Rajat Talati

CA. Deepak Thakker

He also mentioned that
there are many benefits available to small tax payers under the GST regime. The
two speakers answered the many questions raised by the participants at the end
of their sessions.

The joint workshop was a very enriching experience for the
140 participants.

Two days seminar on GST
for Trade, Industry and Professionals held on 24th& 25th
June 2017 at Ghatkopar

This two day seminar was held at
Zaverben Auditorium, Ghatkopar where 725 participants attended comprising of
chartered accountants and members of trade and industry.


CA. Sunil Gabhawalla


CA.Mandar Telang

 

CA. Shreyas Sangoi

 

CA. Ashit Shah

The Seminar covered almost
all aspects of Final GST law comprising of Integrated Goods and Service Tax
Act, Central Goods and Service Tax Act and State Goods and Service Tax Act
along with the rules enacted by the Government. The eminent Speakers explained
the salient features of the law including the concept of supply, classification
of goods and services, time and place thereof, value of supply, charging
provision, threshold exemption, transition provisions, composition scheme,
registration, maintenance of records, tax invoice, payment of GST including
under reverse charge, returns and other compliances, input tax credit including
Input Service Distribution Mechanism, export and import of goods and services
including SEZ, job work under GST, etc. The learned Speakers from BCAS included
CAs Sunil Gabhawalla, Samir Kapadia, Rajkamal Shah, Naresh Sheth, Jayesh Gogri,
Mandar Telang, Ashit Shah and Shreyas Sangoi. Advocate Shailesh Sheth also gave
his valuable inputs on GST at the Seminar. At the end of the seminar, there was
specific industry wise panel discussion covering, textile and garment
manufacturers, gem and jewellery, stock brokers, mutual fund and insurance
agents, transport and logistics, C & F agents, tour operators and travel
agents, builders & developers, works contractor, co-operative housing
societies, caterers, hotels & restaurants, SMEs, retailers, traders and
small scale manufacturers, leasing and right to use goods, job worker and
service providers. The overview of the new indirect tax law replacing plethora
of numerous laws and detailed discussion on each subject and dissemination of
latest knowledge alongwith industry specific panel discussion generated lot of
interest amongst the participants making the seminar interactive to a large
extent. All participants were fully enriched by the deliberations at the
Seminar.

CA. Naresh Sheth

CA. Rajkamal Shah

CA. Samir Kapadia

Lecture Meeting on GST
& CAs – Impact on Compliance & Practice held on 27th June,
2017

Indirect Taxation
Committee of BCAS organised a lecture meeting on “GST & CAs – Impact on
Compliance & Practice” on 27th June, 2017 at K. C. College Auditorium,
Churchgate which was addressed by CA. Sunil Gabhawalla.


CA. Sunil Gabhawalla

With GST becoming a reality,
there were many issues which were faced by the practising chartered accountants
like the impact on billing under the Service Tax law and receipt under the GST
regime, paying tax on procurements from unregistered vendors, concept of supply
and place of supply with respect to clients being located in other states, a
multi-locational firm etc. CA, Gabhawalla explained about the new GST Law, its
challenges and compliances and how it is going to impact practicing Chartered
Accountants. He also enlightened on the Composition Tax and monthly return
filing process under GST. 

The speaker explained in detail and in candid way the
challenges that a practising chartered accountant would face, He also answered
a few queries raised by the members.

The participants benefitted a lot from the meeting.

‘New Curriculum of CA
Course – Has the bar been raised? organised on 5th July, 2017 at
BCAS.

HDTI Committee had organised a talk on ‘New Curriculum of CA
Course – Has the bar been raised?’ by Member of Central Council of ICAI, CA
Nihar Jambusaria.

The talk was organised for students who are eligible to
appear for CA exams under new syllabus and having their doubts regarding the
same.

CA Nihar Jambusaria meticulously explained each and every
aspect of the new curriculum and also provided a comparative analysis between
the old and new curriculum. The talk was followed by an extensive ‘Q&A’
session wherein students sought clarifications for their doubts and the speaker
positively answered all their queries.

The talk received overwhelming response from the student
fraternity. Further, quite a lot of students also took the benefit of live
streaming of the seminar at their respective places or CA firms.

The talk provided valuable
guidance to all students and was widely appreciated. 

Study Circle Meeting on
Technology Trends: Impacts of Artificial intelligence, Machine learning,
Drones, Big Data held on 5th July, 2017 at BCAS Conference Hall.

At this study circle meeting, Mr. Nikunj Sanghvi, a Mobile /
Digital Professional from USA, shared his insights on the upcoming technology
trends and their probable impact on businesses going forward. He started by
explaining the trend of expectations towards new technologies – how they
initially reach a peak followed on by disillusionment as the technologies are
not as good as expected and later on get slowly accepted by public at large. He
covered many different innovations including drones, augmented reality, digital
twins, big data, artificial intelligence & machine learning, intelligent
apps, autonomous vehicles, speech recognition and voice interfaces, block chain
and crypto currencies.

Mr Sanghvi also explained these innovations and their impact
which are already seen in some business areas. For example, using drones,
auditors are doing a physical check of goods in large warehouses in a day which
otherwise would take them weeks! On giving such other examples, the immediate
query from the group was what will happen to many existing jobs. Mr Nikunj
mentioned that while there may be jobs which are lost as and when these
technologies become mainstream, he was positive that there will be many newer
jobs which people will be able to fill in. His point was that Man’s wants are
unlimited and even if a few wants are met by these new technologies, there will
be many more which will remain unfulfilled. Therefore, there may be no need to
worry unnecessarily for job losses.

The meeting ended on this positive note and participants
benefitted a lot.

69th
Foundation Day Lecture Meeting on “ENERGising India-Changing Paradigm for
Professionals” held on 6th July, 2017 at Garware Club House,
Churchgate, Mumbai

A lecture meeting on “ENERGising India-Changing Paradigm for
Professionals” was held on 6th July, 2017 on the occasion of 69th
Foundation Day of the Society which was addressed by our Hon’ble Union Minister
of State (IC) for Power & Renewable Energy CA. Piyush Goyal.  President CA. Chetan Shah briefly touched
upon the GST regime and also shared the profile of Mr Goyal while welcoming the
Chief Guest and then requested him to address the august audience.

CA. Piyush Goyal – Minister
of State for Power, Coal, New
and Renewable Energy and
Mines (Independent charge)

Mr Goyal started his oration with the past memories of his
BCAS membership and appreciated the caricature of the cover design of GST issue
of July Journal stating that the cover design is very well presented. He then
talked about the GST Bill and explained how GST Council has been empowered to
function without any interference from the Government. Mr Goyal also emphasized
that GST is a great testimony with the culmination of 17 taxes into one tax
“GST” where the Traders, Businessmen, Manufacturers and others will get the
Input Tax Credit when goods move from one place to another. This transformation
would help to curb inflation, bring transparency, eradicate the atmosphere of
uncertainties and corruption, eliminate black money etc. This revolutionary
step has been taken by the Government in the national as well as public
interest without any political opportunism. 

 

BCA Journal – GST Special Issue Release
L to R : CA. Sunil Gabhawalla, CA. Narayan Pasari, Shri Piyush Goyal (Speaker), CA.
Chetan Shah (President), CA. Manish Sampat, CA. Suhas Paranjpe, CA.Abhay Mehta.

On the topic of the Lecture Meeting “ENERGising
India-Changing Paradigm for Professionals”,
he cited Mahatma Gandhi Quote
that we are the trustees of the Planet and it is our collective responsibility
to keep the environment clean, abolish pollution and adapt to healthy and
hygienic climate changes for better quality of life for 1.25 billion Indians.
Our inhabitants especially in the rural areas cannot afford to live without
electricity, shelter, transportation, medical facilities etc and Government has
taken strong steps to provide these amenities to majority of the villages and
would reach the zero defect in a phased manner. Mr Goyal also informed the
gathering that at present, India is energy surplus and self-sufficient in Power
Distribution. As per the world standards, we are contributing to clean energy
and reducing pollution levels. He also urged upon the citizens to use LED bulbs
to conserve the energy and contribute in Nation Building. Besides, Mr Goyal
also remembered our armed forces and assured to provide them with the most
modern equipment and technology to fight any internal and/or external threat.

 

Audit Checklist Publication Release
L to R : CA. Raman Jokhakar, CA. Sunil Gabhawalla, CA. Narayan Pasari, Shri
Piyush Goyal (Speaker), CA Chetan Shah (President), CA. Manish Sampat, CA.
Suhas Paranjpe, CA Abhay Mehta

He thereafter appealed to the Chartered Accountants
Fraternity to strengthen and upgrade the audit standards to curb the Tax
evasion/avoidance and further transform the future of India, because CAs are
the force to reckon with in the professional industry.

At the end, he expressed confidence that Chartered
Accountants can do a lot for the public good and make India again.

The audience got mesmerized with Mr Goyal’s presentation
skills and gained a lot from the insights straight from the heart and from his
spellbinding Speech.

Lecture Meeting on “Recent Developments in Taxation of
Capital Gains” held on 11th July, 2017.

Taxation Committee of BCAS organized a Lecture Meeting on
Recent Developments in Taxation of Capital Gains on 11th July, 2017
at IMC, Churchgate, Mumbai. The first meeting of the year at BCAS which
commences from the Founding Day, 6th July, was addressed by CA.
Pinakin Desai wherein he explained about the Notional Taxation w. r. t. Fair
Market Value (FMV) of unlisted equity shares under Sec 50CA, shift of base year
for indexation from 1981 to 2001 to compute the cost of bonus shares and
amendment to Sec 10 (38) with background and notification on 3rd proviso
to Sec 10(38). He also discussed about the Protocol to India – Mauritius Treaty
with emphasis on Mauritius and Multilateral Treaty (MLI) and protocol amending
India-Singapore Treaty. CA. Pinakin Desai further explained about the valuation
of shares under Normative Valuation with draft valuation rule notified u/s. 50
CA and issues under normative valuation. He also deliberated on Sec 195 –
withholding actual or notional consideration for Sec 50 CA. 



CA. Pinakin Desai

Mr Desai also explained the
above topics with case studies on (i) resolving normative valuation of shares
as per draft notification, (ii) valuation of unquoted equity shares, (iii)
acquisition in IPO, (iv) acquisition pursuant to merger, (v) gift of shares,
(vi) Inter-se promoter transfer, (vii) direct transfer vs. indirect transfer,
(viii) impact of dividend distribution and (ix) case study under
India-Mauritius Treaty.

The hall was packed with
the audience and it was a very fulfilling and enriching experience for the
participants to benefit immensely from the meeting.

GST Training Seminar Jointly with NACIN held from 13th
July to 15th July, 2017 at BCAS Hall

With the roll out of GST on
1st July, 2017, the 3rd batch of GST Training Seminar for
Trade, Industry & Profession was organised by Indirect Taxation Committee
of BCAS jointly with the National Academy of Customs, Indirect Tax and
Narcotics (NACIN), to make understand the intricacies and the importance of GST
laws & provisions.

CA. Mandar Telang

CA. Shreyas Sangoi

 

CA. Chirag Mehta

CA. Govind Goyal

The purpose of holding such training workshop
was dual – one to educate the trade and industry about the new legislation and
more importantly, partnering Government in disseminating information about this
landmark “One Nation One Tax”.

 The speakers at the Seminar were BCAS members
accredited by the NACIN as GST Trainers, and a few officials from the GST
department. The faculty from BCAS included CAs Chirag Mehta, Dushyant Bhatt,
Govind Goyal, Mandar Telang, Naresh Sheth, Rajkamal Shah, Shreyas Sangoi and Ms
Vishaka Borse, & Mr, Shrikant Shaligram from the GST Department.

CA. Naresh Sheth

CA. Dushyant Bhatt

 

CA. Shrikant Shaligram


CA. Rajkamal Shah

The participants immensely benefited from the training
programme.

Dharampur Noble Social Cause Visit – on 15th &
16th July, 2017

The visit to Dharampur was
organised for two days by the Human Development and Technology Initiative


Dharampur Noble Social Cause Visit

Committee of BCAS jointly
with BCAS Foundation, for Tree Plantation, Eye Camp project and visit to
various NGOs, at Dharampur. These NGOs are engaged in the various social
welfare activities for Holistic growth of Tribals located in the remote
interiors. A Team of 24 enthusiastic volunteers including students who were
willing to take active participation in this noble mission joined the trip.

Sarvoday Parivar Trust (SPT)

The SPT is a NGO, following
Gandhian philosophy and engaged in various tribal welfare activities in the
field of Education / Health / Agriculture / Water management / Environment,
etc. The BCAS Foundation committed for plantation of 3,000 trees to SPT. The
team also visited the Residential School run by the SPT which is home to more
than 350 children from nearby villages.. This residential school has encouraged
poor labourers and farmers in the tribal areas to send their children for
further studies. It has helped in reducing child labour, child marriage and
other social evils which takes place mainly due to illiteracy and poverty.
Members had good interactions and time with them. The School premises are old
and needs to be renovated and upgraded to provide better amenities to children.
BCAS Foundation has committed its full support for the redevelopment and
upgradation of school/ hostel.

Avalkhandi Kelavani Trust (AKT)

The AKT is an NGO which
carries out various activities in Education & Water Management in the
villages of the most backward forest of Dharampur, running a government School
where approximately 300 students are studying & has one Chhatralaya whereby
180 children are accommodated for stay from other villages who would have
otherwise been deprived of education. The BCAS Foundation committed for
plantation of 2,500 trees to AKT. On behalf of BCAS Foundation, team
distributed kits for outdoor games like cricket / Football/ Badminton  / Flying Dish etc  and many educational games at AKT for their
children. The BCAS Foundation contributed Rs. 30,000/- for setting up a library
in the Chhatralaya.

The team viewed the various
check dams created on mountains in the process of water management.

Dhanvantri Trust (DT)

The trust is founded and
managed by Dr. Kirtikumar Vaidya, from Mumbai who left Mumbai at a young age
& has dedicated his life for socio economic rural development of tribal
villages of South Gujarat. With divine blessings he started an Eye Hospital in
Vansda. Our team member had contributed Rs. 63 lakh for setting up Hospital
with latest Equipment & Technology for treating and curing all types of Eye
Surgeries.

BCAS Foundation sponsored 201 Eye Surgeries for poor Tribals & has
dedicated support for 50 more, thanks to contribution & support of Esteemed
Donors, amounting to Rs.2.01 lakh.

Dr. Vaidya proposed to set up a school in Vansda. BCAS Foundation has
committed their support for the same.

The   trip for Tree plantation
drive and the Eye Camp was truly enriching, enlightening and educational too
for the visiting members and students. The memories treasured from the trip,
would always encourage and motivate them to participate more in such events
which would be beneficial to the society at large.

Direct Tax Study Circle Meeting on ‘Income Computation
Disclosure Standards; ICDS V Tangible Fixed Assets, ICDS IX Borrowing Costs
& ICDS X Provisions, Contingent Liabilities & Contingent Assets’ on 15th
July 2017

The Chairman of the
Meeting, CA. Anil Sathe gave his opening remarks and raised some issues
relating to ICDS which could face litigation in the long run. The Group leader,
CA. Dhaval Desai drew attention to an extract from the Supreme Court decision
in Woodward Governor 312 ITR 254 wherein the Hon’ble Supreme Court observed
that for income tax purposes, profits are to be computed in accordance with the
ordinary principles of commercial accounting unless, such principles stand
superseded or modified by legislative enactments and this is where section
145(2) comes into play.

Thereafter, the group
leader briefly explained the provisions of ICDS IX ‘Borrowing Cost’-
recognition principle, definitions of borrowing cost and qualifying assets. He
explained the provisions of capitalisation in respect of specific borrowings
and general borrowings and the provisions relating to commencement and
cessation of the capitalisation. He mentioned that as per Accounting Standard
16, an asset qualifies to be a Qualifying Asset only if it takes substantial
period of time to get ready for its intended use or sale, however ICDS has done
away with the criteria of ‘substantial period of time’ (except for inventories)
and this would lead to a huge difference between the capitalisation of
borrowing costs as per books and capitalisation as per ICDS.

The group leader further
touched upon the provisions of ICDS X ‘Provisions, Contingent Liabilities and
Contingent Assets’. He mentioned the yardstick for recognition of a provision
‘probable’ as per Accounting Standard 29 has become stricter under ICDS wherein
the term ‘probable’ has been substituted with ‘reasonably certain’. Similarly,
in case of contingent assets, the term ‘virtual certainty’ used for recognition
as per AS 29 has been substituted with ‘reasonably certain’ under ICDS. He
commented that such provisions would certainly lead to preponement of income
and postponement of deduction of expenses. The group leader touched upon
transitional provisions contained in ICDS X.

Subsequently, CA. Dhaval
briefly explained the provisions of ICDS V ‘Tangible Fixed Assets’. He
highlighted one of the differences between existing AS and ICDS with regard to
treatment of expenditure between trial run and commercial production. In this
context, Revised AS 10 mandates such expenditure to be revenue in nature
whereas CBDT clarification on ICDS states that such expenditure should be
treated as capital expenditure.

The participants benefitted a lot from the
meeting.

Representation in Respect of Draft Rules 10DA & 10DB

16th
October, 2017

 Mr.
Sushil Chandra, Chairman

Central
Board of Direct Taxes,

North
Block,

New Delhi

 

 Representation
in respect of Draft Rules 10DA & 10DB

 

1. Deferment of the implementation of the Proposed Rules by 1 year

 

     There
are many tax jurisdictions (e.g. USA) which are yet to notify regulatory
provisions to compile the documents i.e. Master file, Country by Country Report
[CbCR] etc., as suggested in the BEPS Action Plan 13.

 

Suggestion:

In view of
this, it would be difficult to obtain required information and documents for
the Constituent Entity [CE] resident in India. Therefore, the implementation of
the rules 10DA and 10DB should be deferred by at least one year.

Alternatively, CEs resident
in India whose parent entity is situated in a jurisdiction where CbCR is
presently not applicable, be exempted from the onerous responsibility of
compiling and submitting global data pertaining to international group. In such
cases, the submission of the report may be restricted to only Indian
operations.

 

2. Applicability of the Rule 10DA and Form 3CEBA (Master File) only to
CE Resident in India

 

     Section
286(1) refers to ‘every constituent entity resident in India’, whereas draft
rule 10DA (1) refers to ‘every person being constituent entity of an
international group’. In the draft rule there is no reference to CE resident in
India. This is likely to create unwarranted and avoidable confusion and issues.

 

Suggestion:

It is
therefore suggested that it should be clearly provided in Rule 10DA that the
provisions relating to Master file are applicable only to resident CE in the
scheme of the notification.

 

3. Exclusion of the Capital Account Transactions

 

    For
the purposes applicability of the Master file, rule 10DA(1)(ii) provides that
‘the aggregate value of international transaction’ during the reporting year,
as per the books of accounts, exceeds fifty crore rupees, or in respect of
purchase, sale, transfer, lease or use of intangible property during the
reporting year, as per the books of accounts, exceeds ten crore rupees.

 

     For
the purpose of calculating the threshold of “aggregate value of international
transaction”, the notification does not exclude capital account transactions
(such as issue of shares, advances, trade receivables, etc.).

 

     It
is important to note that Rule 10DA(1)(i) as well as rule 10DB(6), both for the
purposes of calculation of threshold limits, consider consolidated group
revenue whereas the definition of the ‘international transaction’ in section
92B includes capital account transaction such as issue of shares, loans, trade
receivable etc. The intention of the BEPS Action Plan 13 seems to set the
threshold limit based on the gross revenue i.e. current account transactions
only
(i.e. transactions which have impact on statement of profit and loss).

 

Suggestion:

It is
therefore suggested that the Capital Account Transactions should be excluded
while calculating the threshold of “aggregate value of international
transaction” for the purposes of applicability of master file provisions.

 

4. Threshold limit on the applicability of the master file provisions

 

Rule 10DA(1)(i) for the
purposes of master file provisions provides a limit of Rs. 500 crores of the
consolidated revenue of the international group. For the purposes of country by
country reporting, rule 10DB(6) provides threshold of total consolidated group
revenue of the international group of Rs. 5,500 crore.

Suggestion:

Considering
the onerous requirement for maintaining master file and other documents, the
threshold limit for the first five years should be kept at a higher level i.e.
say 50% of the threshold of CbC Reporting amounting to Rs. 2,750 crore. The
limit can further be reviewed and reduced, if necessary, based on the
experience gained.

 

Consequently,
the threshold prescribed in Rule 10DA(1)(ii) pertaining to the aggregate value
of international transactions (other than intangible properties) should be
increased to Rs. 500 crore from the proposed limit of Rs. 50 crore. The
threshold for transactions pertaining to intangible property should be
increased to 100 crore from the proposed limit of Rs. 10 crore.

 

5. Due date for furnishing CbC Report

The Form 3CEBC requires to
compile data from multiple tax jurisdictions in which the CEs of the MNEs are
operating. This would require considerable amount of time and efforts.

 

Suggestion:

Therefore,
it is suggested that the due date for furnishing CbC Report (Form 3CEBC) should
be extended from 30th November 2017 to 31st March 2018,
in line with due date for furnishing Master file.

 

6. Definition of MNE group

 

In the Indian Income-tax
Act, there is no definition of ‘MNE group’ as stated in Form 3CEBC and thus,
the same needs to be changed in line with the Act i.e. the definition of
‘international group’ provided in section 286(9).

 

7. Amendment in the headings of Forms 3CEBB and 3CEBE

 

The heading in both Forms
3CEBB and 3CEBE states the term “non-resident international group” which words
are absent in the Act, and thus, heading in both Forms requires to be amended.

 

8. Methodology to be adopted for preserving the sanctity and
confidentiality of the information

 

Both the Master File and
CbC Report and the relevant Forms mandates submission of many confidential data, information and documents which, if leaked, can create havoc with the
business operations of the relevant international group.

The notification is
completely silent on the methodology to be adopted for preserving the sanctity
and confidentiality of the information shared by the international group.

Suggestion:

Therefore, it is suggested
that in line with best international practices, proper systems and procedures
should be adopted by the CBDT and the responsibility for such practices should
be properly assigned (including strictest access control with higher
authorities with accountability) and penalty be prescribed for non-adherence to
the strict protocol of confidentiality.

 

9. Additional requirements for Master File

 

Action 13 report of the
OECD provides the requirements for Master File. While the Indian Government has
largely adopted the format provided by OECD, the draft Indian Rules contain
certain additional requirements as mentioned below:

 

  List of all the operating entities of the
international group along with their addresses
– This information does not
form part of Action 13 report.

 

   The functions, assets and risks
analysis of the constituent entities of the international group that contribute
at least ten per cent of the revenues, assets and profits of the group
; –
The Action 13 report requires a brief functional analysis describing the
principal contributions to value creation by individual entities within a
group.

    

 

  List of all the entities of the
international group engaged in development of intangibles and in management of
intangibles along with their addresses
. The Action 13 report requires a
general description of the location of principal research and development
facilities and location of management.

 

  Detailed description of the financing
arrangements of the international group, including the names and addresses of
the top ten unrelated lenders
. Action 13 report requires a general
description of the group financing activities.

 

In a number of instances, the draft
rules require a “detailed description” instead of a “general description” as
mentioned in Action 13 report.

 

Suggestion:

Most countries have adopted
the format as provided by the OECD. It is requested that the format of Master
File be in sync with the format as provided by OECD. The additional
requirements will create certain inconsistencies for the MNC group since the
group will have to prepare different versions of the Master File for different
countries.

For Bombay Chartered Accountants’ Society,

                                                                               

Narayan R. Pasari                                                             Mayur Nayak                 

President                                                     Chairman,
International Taxation Committee

Society News -I

Full day seminar on
“Income Computation and Disclosure Standards” held on 19th May, 2017

This seminar was held by
the Taxation Committee at Navinbhai Thakkar Hall at Vileparle (East). President
Chetan Shah gave the opening remarks followed by introduction from the Chairman
of the Taxation Committee, Mr. Ameet Patel. The event was attended by 235
participants. Topics taken up and Speakers were as under:

    Overview of ICDS:- Mr. Pawan Kumar, CIT
(Jalandar)

    ICDS III & VIII:- Constructions
Contracts & Government Grants :  CA.
Paresh Vakharia

    ICDS I & ICDS X:- Accounting Policies
& Provisions, Contingent Liabilities & Contingent Assets: CA. Vishesh
Sangoi

    ICDS IV & IX:- Revenue Recognition &
Borrowing Costs: CA. Vinita Krishnan

    ICDS VI & VIII:- Foreign Exchange
Fluctuations & Securities: CA. Kushal Jain

  ICDS II & V:- Valuation of Inventories
& Tangible Fixed Assets: CA. Nihar Jambusaria

Mr. Pawan Kumar, CA.
Vishesh Sangoi and CA. Kushal Jain spoke on the BCAS platform for the very
first time. 

Mr. Pawan Kumar gave an
overview of the ICDS. He also shared with the participants on why ICDS were
needed and how it came into existence. He being one of the members of Expert
Committee for drafting of ICDS shared his experiences with the participants
which was appreciated by all.

CA. Paresh Vakharia gave
his opening remarks on ICDS and explained the purpose of the said legislation.
He dealt with both the ICDS allotted to him in detail and explained nuances and
issues arising from them.

CA. Vishesh Sangoi started
his presentation by explaining the basic issues arising from ICDS I and X. He
explained various changes which would take place while undertaking Tax Audit in
post ICDS scenario compared to earlier ones with the help of various case
studies. He also touched upon disclosure requirements in Form 3CD for both
ICDS. He also responded to queries from various participants.

CA. Vinita Krishnan gave a
detailed presentation on ICDS IV & IX. She explained the basic
considerations arising out of them and also discussed the issues which one may
face while applying them. She discussed ICDS on revenue recognition with
respect to different type of incomes like dividend, royalties, interest etc.
She also answered queries from the participants.

CA. Kushal Jain explained
ICDS on securities with the help of case studies and also examples on how it
would be applied. He also explained various terms which are used in both the
ICDS. He also dealt with how the accounting entries would be affected in case
of ICDS on foreign exchange fluctuations.

CA. Nihar Jambusaria
explained the background and general principles of ICDS. He highlighted the
journey of evolution of ICDS. He also brought out the differences which will be
encountered between Ind AS and ICDS. He compared ICDS of Valuation of
Inventories with AS 2 and brought the changes between them. He also compared AS
10 with ICDS on Tangible Fixed Assets and explained the treatment under ICDS V.
He enlightened the participants with the disclosure requirements under both
ICDS and also addressed various questions from the participants. 

The sessions in the Seminar
were interactive and the speakers shared their insights on the subject and
guided the participants on how to approach the subject of ICDS while performing
a Tax Audit. The participants benefited immensely with the interactive sessions
and detailed analysis of each ICDS by the faculties.

Full day seminar on
“Practical issues in TDS” held on 20th May, 2017 at BCAS

The Full day seminar on
Practical issues in TDS was held by the Taxation Committee at BCAS Conference
Hall on 20th May, 2017. The event was attended by over 80 participants.
President Chetan Shah gave the opening remarks followed by introductory words
from the Chairman of the Taxation Committee, Mr. Ameet Patel.

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

    Sections 194C, 194DA, 194EE, 194F and 194J :
CA. Saroj Maniar

    Sections 195, 206AA, Rules 37BB and 37C :
CA. Ritu Shaktawat

    Sections 192, 194H, 194LB, 194LBA, 194LBB,
194LBC : CA. Anita Basrur

    Sections 194A, 194I, 194IA, 194IB, 194IC and
recent case laws on TDS : CA. Nitin Shingala

    Issues in e-filing of TDS statements,
Sections 200A, 201 and 205 : CA. Avinash Rawani

CA. Ritu Shaktawat and CA.
Anita Basrur spoke on the BCAS platform for the first time.

CA. Saroj Maniar gave an overview of the various sections,
the case laws and circulars applicable and relevant in their context. The
speaker elaborated on the provisions of Sections 194C and 194J and covered some
industry specific issues as well as the interplay of these sections with other
sections of the Act.

CA. Ritu Shaktawat
explained the applicability of section 195. She highlighted the risk arising
out of non-compliance of applicable sections as well and provided insight on
issues surrounding Forms 15CA and 15CB. She also touched upon issues under
Section 206AA, Rules 37BB and 37C. The Speaker elaborated on contractual
remedies that one could pay attention to and should incorporate in the
agreements such as indemnity, representations and warranties, escrow,
insurance. She also explained the provisions and their application through case
studies.

CA. Anita Basrur started
her presentation by explaining the provisions of section 192 and 194H,
practical issues arising thereunder using relevant case laws and recent
circulars. This was followed by in depth discussion on sections governing TDS
on income received by securitisation trusts, business trusts and units of
Investment Funds.

CA. Nitin Shingala gave a
detailed presentation on various aspects governing sections 194A, 194I, 194IA,
194IB and 194IC. He explained the applicable provisions, issues under each of
them, supporting them by relevant case laws and circulars.  The Speaker touched upon a wide number of
judgments during the course of his talk on various sections pertaining to
deduction of tax at source.

CA. Avinash Rawani highlighted
the practical issues that arise in e-filing of various TDS statements such as
returns, correction statements, challan corrections, replies to be filed to
online communication from the TDSCPC amongst others. In addition to
highlighting the issues, the Speaker shared a lot of practical dos and don’ts
in relation to the filing of these statements.

 

CA. Saroj Maniar

 

CA. Ritu Shaktawat

 

CA. Anita Basrur

 

CA. Nitin Shingala

 

CA. Avinash Rawani

The sessions in the Seminar
were very interactive and the Speakers answered a lot of queries that were
received from the participants. The participants benefited immensely with the
interactive sessions and detailed discussions.

Half
day seminar on “Digital Transformation and GST – Opportunities and Challenges
in ERP environment” on 26th May, 2017 at BCAS

A half day seminar on
Digital Transformation and GST was organised by Human Development &
Technology Initiative Committee jointly with Indirect Tax Committee at BCAS
Conference Hall on 26th May 2017. CA. Nikunj Shah, Convenor, HDTI
Committee introduced the speakers to the participants.

The speakers – Mr. Richard
D’Souza (Vice President & Head Business Solutions-Corporate IT Mahindra
& Mahindra Group ) & Mr. Rakesh Pawaskar (General Manager Business
Solutions – Corporate IT Mahindra & Mahindra Group) made an excellent presentation
on the Technology transformation undertaken by them in their organisation. They
also explained and demonstrated through audio visual presentation, the nuances
of GST implementation, the GST implementation process at their group and how
the said group is supporting their vendors for GST implementation using state
of the art technology platform.

The seminar witnessed
excellent participation from members in practice as well as from Industry. The
objective of the seminar was to understand the innovation in technology leading
to change in accountants role from pure accounting to analytics and decision
making & to highlight how GST implementation could be achieved leveraging
technology.

 

Mr. Richard D’Souza

 Mr. Rakesh Pawaskar

The participants were
immensely benefitted from the Seminar.

GST Training for Trade,
Industry & Profession held on 29th, 30th & 31st
May 2017 & 19th, 20th & 21st June
2017 at BCAS

The Government’s decision
to roll out the GST Law on 1st July, 2017 made it all the more
important that BCAS organise more programs so as to educate and train as many
people on the intricacies and the importance of these laws.

BCAS organised two such
programs one in May from 29th to 31st and the other in
June from 19th to 21st at BCAS Conference Hall. The
purpose of holding such training workshops was dual – one to educate the trade
and industry about the new legislation and other, more importantly, being a
partner of the Government in disseminating the information about this One
Nation One Tax One Market.

These programs were conducted jointly with the National
Academy of Customs, Indirect Taxes and Narcotics (NACIN) and the sessions were
taken by members of BCAS who were accredited by the NACIN as GST Trainers and a
few officials from the Sales Tax department and NACIN also. The faculty from
BCAS included CAs Chirag Mehta, Dushyant Bhatt, Govind Goyal, Jayesh Gogri,
Mandar Telang, Naresh Sheth, Rakjamal Shah, Samir Kapadia, Shreyas Sangoi and
Sunil Gabhawalla. 

CA. Rajkamal Shah

CA. Samir Kapadia

CA. Chirag Mehta

 

CA. Shreyas Sangoi

 

CA. Sunil
Gabhawalla

The participants immensely
benefited from both the programmes.

BEPS Study Circle Meeting
held at BCAS Conference Hall on 3rd June 2017

BEPS Action Plan 6 read
with Action Plan 15 (Multilateral Instrument i.e. ‘MLI’): Preventing the
Granting of Treaty Benefits in Inappropriate Circumstances was held on 3rd
June, 2017 at BCAS Conference Hall.

Discussion was led by CA. D
S Sharma, CA Monika Wadhani and CA. Rutvik Sanghvi

This was the third meeting
on Action Plan 6: The group leaders covered overview of Article 6 to 8 of the
MLI and detailed comparison of LOB clause.

In the meeting, the group
leaders had taken up detailed discussion on following Articles of MLI read with
Article X of Action Plan 6 and had concluded discussion with emphasis on the
following:

  Article 8 of MLI  Dividend transfer transaction intends
to introduce a minimum shareholding period of 365 days to be entitled to
beneficial rate of taxation on dividend.

  Article 9 of MLI – Capital Gains from
alienation of shares or interests of entities deriving their value principally
from immovable property intends to give taxing rights to the Contracting State
where immovable property situated, if at any time during the 365 days preceding
the alienation of shares, such shares derived value principally from such
immovable property.

  Article 7(1) of MLI – Principal Purpose
Test (‘PPT Clause’): It intends to introduce a minimum standard in form of PPT
clause to be adopted by the Contracting States. The group leaders discussed the
meaning and possible interpretations of various words contained in the PPT clause
(like meaning of “benefit”, “one of the principal purposes”, etc.) and
explained each and every example given in the commentary to Action plan 6. The
group leaders also highlighted the difference and the interplay between the
Indian GAAR provisions and the PPT clause. For example, under the Indian GAAR
provisions, requirement is “if main purpose is tax benefit”vis-à-vis the PPT
clause, requirement under the MLI being “one of the principal purposes is tax
benefit”, etc. It was also discussed that PPT clause will be relevant to
consider the applicability of a tax treaty and if PPT clause is invoked then
treaty benefits shall not be available and many transactions could get
impacted. It was also discussed whether GAAR provisions can be invoked where
transaction is covered by a tax treaty.

The meeting got
enthusiastic response and the participants benefitted a lot from the
discussions

10th Jal Erach
Dastur CA Students Annual Day held on 3rd June 2017

The Jal Erach Dastur CA
Students’ Annual Day this year reached a new scale as it celebrated its 10th
Edition captioned under tagline ‘Tarang 2K17 – Tarasho Apne Talent Ke Rang.’ at
Navinbhai Thakkar Auditorium, Vile Parle on 3rd June 2017.

 

Students lining up to witness the most
awaited event of the year

This event was organized by
the Human Development and Technology Initiatives Committee of the BCAS for the
CA students. The event was truly an event ‘OF CA students, FOR CA students and
BY CA students’. It showcased their mesmerizing talents and creativity on
variety of extra-curricular activities such as elocution, debate, sketch and
slogan, photography, short film making and other talents such as singing, music
etc.

Then Vice President CA. Narayan Pasari
felicitating the Chief Guest of Tarang –
Mr. Dhaval Bathia

President Chetan Shah, Vice President
Narayan Pasari along with members of
HDTI Committee witnessing the lighting
of auspicious lamp to commence the
event

The six finalists of the Chandanben Maganlal
Bhatt ‘Elocution Competition’ were the first to witness the stage. The topics
this time were both challenging as well as riveting. This enabled a level
playing field for all participants who gave their impressive performances on
their respective topics.

CA. Nitin Shingala & CA. Meena Shah
presenting the award to the winner of
Elocution Competition ‘Speak Up’ – Miral
Majmundar

Then BCAS President CA. Chetan Shah
presenting the award to the winner of
‘CA’s Got Talent’ – Deevesh Chudasama

Post Elocution, the
winners of Photography Competition ‘Khinch Le’ were announced. This being the
second year of the competition, received unprecedented response from students.
They were given themes on which they had to click creative photographs and
mention an innovative tagline based on the theme selected.

CA Ryan Fernandez moderating the
debate competition – ‘War of Words’

Students Committee performing the flash mob

Chief Guest Mr. Dhaval Bathia giving the
keynote address

As a part of continuous improvement and innovation, this
year, a new event ‘The Screenmasters – Short-film making competition’ was also
introduced. The competition received good response from the students with 9
entries in the very first year itself. The students had to a shoot a short-film
of not more than five minutes on the given theme. The entire audience was
amazed by the professionalism and meticulousness of CA students, even in the
arena of film-making.

Mesmerising display of talent – Spray
Painting

Audience enjoying light hearted games during the break time

BCAS Students Committee, Tarang
Volunteers along with members of HDTI Committee

The final round of the
Debate Competition ‘War of Words’ followed the Photography Competition. The debate
was moderated by CA. Ryan Fernandes with two teams of four students each. The
debate had the undivided attention of the audience as each finalist defended
their case with enthralling wit and vigour. Adding some spice to the event,
this year a fourth round was introduced wherein the teams had to interchange
their erstwhile position vis-à-vis the topic. The participants as well as the
audience enjoyed the debate to the core.

After this, the students presented a 3 minute “flash mob”
which was choreographed by CA Hrishikesh Joshi. This short stint kept the
audience alive and cheering.

After the flash mob, the charged up audience were enchanted
by the Keynote address of the Chief Guest Mr. Dhaval Bathia, a well-known
author and speaker as well as Guinness Record Holder. His speech was both
motivational and thought provoking as he used day-to-day anecdotes and examples
to convey his message. He emphasized on the need to think out-of-the-box and
‘go deep’ into the realm of your work to carve out definite success. He also
touched upon finer aspects of ‘Digital India’ and how it has revolutionized the
style of working, even for the CA fraternity.

Immediately after that,
the stage was set for the flagship and most awaited competition the ‘The Talent
Show’. To kick-start the event, a ‘Students Band’ comprising of Tej Bhatt,
Sridisha De, Aagam Jain and Jigar Jain rocked the stage. These students
volunteered for this special performance to strike the chord for the upcoming
competition.

Finally the guitars were
tuned, the keyboard was ready, the dancers were tapping their feet, and the
stage was then taken over by young and talented CA students who showcased their
talent ranging from dance, singing, instrumental, mimicry and spray painting.
All 9 finalists gave amazing performances and the audience were left spell
bound. The cheering of the crowd with claps and whistles increased with each
performance as the finalists kept on raising the bar. The judges who were
captivated by the charm of the performances had a Himalayan task in choosing
the winners.

With the clock-ticking,
the winners of the competition representing their firms were finally announced as under:

The entire evening was
hosted fabulously by Mr. Pushkar Adhikari, Ms. Tanvi Parekh, Ms. Miral Majumdar,
Ms. Aadhira Dinesh and Mr. Manthan Rawat with their astounding performances,
display of energy and loads of wit and humour. 

Mr. Prathamesh Mhatre
proposed the well-deserved vote of thanks to each and everyone involved in the
success of the event. A total number of 492 students registered for the 10th
Jal Erach Annual Day, setting an overwhelming benchmark.

Essay Writing Competition ‘Awaken the Writer Within’

Prize

Name of Student

Name of Firm

1st Prize Winner

Salonee Kabra

SRBC & Co LLP

2nd Prize Winner

Kanika Mangal

Dinesh & Agarwal

3rd Prize Winner

Anisha Talesara

Kailash Chand & Co

Rotating Trophy
went to Salonee Kabra

Elocution Competition ‘Speak Up’

1st Prize Winner

Miral Majumdar

CNK & Associates LLP

2nd Prize Winner

Tanvi Parekh

Sanjay & Snehal

3rd Prize Winner

Apurva Wani

Aneja & Associates

Rotating Trophy
went to Miral Majumdar

Talent Show ‘CA’s Got Talent’

1st Prize Winner

Deevesh Chudasama

Khandelwal Jain & Co

2nd Prize Winner

Tej Bhatt

CNK & Associates LLP

3rd Prize Winner

Vivek Rajpurohit

Sara & Associates

Rotating Trophy
went to Deevesh Chudasama

Debate Competition ‘War of Words’

Winning Team

Tanvi Parekh (Best Team Member )

Sanjay & Snehal

 

Hardik Adenwala (Best Team Member)

KNAV & Co

 

Sonal Agrawal (Best Team Member )

R M Ajgaonkar & Co

 

Salonee Kabra (Best Team Member )

SRBC & Co LLP

Best Debater

Tanvi Parekh

Sanjay & Snehal

Rotating Trophy
went to Tanvi Parekh.

Sketch & Slogan Competition ‘Leave your Mark’

1st Prize Winner

Chandrika Chaudhari

Khimji Kunverji 
& Co

2nd Prize Winner

Eashan Gokhale

Gokhale & Sathe

3rd Prize Winner

Vishishta Goyal

N P Shah & Associates LLP

Photography Competition ‘Khinch Le’

1st Prize Winner

Deevesh Chudasama

Khandelwal Jain & Co

2nd Prize Winner

 Neel Khimasia

GBCA & Associates.

3rd Prize Winner

Aurobindo Chatterjee

R R Muni & Co

Short Film Making Competition ‘The Screenmasters’

1st Prize Winner

Anirudh Parthasarathy

R T Jain & Co

Hearty Congratulations to all the
winners and their firms.

Judges for the Various
Competitions were as follows:

Competition

Elimination Round

Final Round

Essay Writing

CA Mukesh Trivedi
& CA Gracy Mendes

Elocution Competition

CA Meena Shah & CA Mihir Sheth

CA Mayur Nayak & CA Divya Jokhakar

Talent Show

Devansh Doshi & Kartik Srinivasan

Pallavi Choksi & Neetu Shah

Debate Competition

CA KK Jhunjhunwala & CA Ryan Fernandes

CA Narayan  Pasari
& CA. Shalin Divatia

Sketch & Slogan Competition

CA Chirag Doshi
& CA Divya Jokhakar

Photography Competition

CA Anand Kothari
& CA Nikunj Shah

Short Film Making Competition

CA.  Mihir Sheth & Mr Pratik Palan

The entire evening was
hosted fabulously by Mr. Pushkar Adhikari, Ms. Tanvi Parekh, Ms. Miral
Majumdar, Ms. Aadhira Dinesh and Mr. Manthan Rawat with their astounding
performances, display of energy and loads of wit and humour. 

Mr. Prathamesh Mhatre
proposed the well-deserved vote of thanks to each and everyone involved in the
success of the event. A total number of 492 students registered for the 10th
Jal Erach Annual Day, setting an overwhelming benchmark.

Study Circle Meeting on
“Build Brand U for
Professional
Success” at BCAS on 13th June, 2017

Human Development and Technology Initiatives Committee of
BCAS conducted a Study Circle Meeting on “Build Brand U for Professional
Success” (Enhancing your Image as Professional) on June 13, 2017

The meeting was addressed by Mr Sunil Kini, Managing Director
& Principal Trainer; Gurukul Training & Consulting Pvt Ltd. Mr Kini in
his presentation on the subject in a very succinct but effective manner
explained that “Managing one’s image is the key to success in any walk of
life”. Your Image says a lot about you. A right Image can go a long way in your
life.

Each one of us presents an
image on the basis of which people form impressions about us. These impressions
pave the way in our professional growth path.

Whether as a self-employed professional or working with an
organization presenting ones best is an important ingredient for professional
accomplishments

The Workshop deliberated upon the following basic synopsis of
life:

    Develop Self-Image for Superior Perception
Management

    4 A model for Professional  Growth

    Look the part

    Appearance Management-Gateway to creating an
Impact

    Importance of Professional Decorum and
Kinesics

    Build Brand You.

    Everyone needs image management, only the
intelligent realize in time.

The session ended with a quote: Do not underestimate the
Power of your Appearance, Build your Personal Brand for SUCCESS

The participants felt enriched with request for more such
programmes in future.

FEMA Study Circle Meeting held on 15th June, 2017
at BCAS

FEMA Study Circle Meeting was held on 15th June,
2017 on the topic “External Commercial Borrowing (ECB)”.

The group was led by CA Palav
Shah Parekh.

The depth of the
presentation was excellent with members’ interactions on various case studies
presented. The case studies were very engaging and informative. This gave
participants a 360 degree perspective of the subject.

The speaker covered updates
which were as recent as 8th June.

The participants also
benefited due to the practical exposure of the speaker who shared many insights
about Authorised Dealer’s interaction with the RBI on ECB matters.

Direct Tax Study Circle
Meeting on ‘Income Computation Disclosure Standards; ICDS VI “Effect of changes
in Foreign Exchange rates” on 20th June 2017 at BCAS Conference
Hall.

The group leader, CA.
Abhitan Mehta briefly explained the scope of ICDS VI ‘Effect of changes in
foreign exchange rates’ and the definitions of important terms mentioned in the
standard. He explained the concept of ‘foreign currency transaction’ and the
provisions pertaining to initial recognition of these transactions. The
Chairman of the session, CA Gautam Nayak commented upon the anomalies created
due to introduction of ICDS wherein the law makers have merely picked up the
language of the accounting standards and inserted them in the form of ICDS
without realising the difference between the recognition of items in books of
accounts and computation of income.

Thereafter, CA. Mehta
touched upon the provisions contained in Rule 115 of Income Tax Rules which
talks about the rate of exchange for conversion into rupees, of income
expressed in foreign currency. He also highlighted that in case of difference
between the provisions of ICDS and Income Tax Rules, the Income Tax Rules would
prevail.

CA. Mehta then explained
the difference between monetary and non-monetary items and highlighted a
practical issue which one may face when debentures / preference shares
(optionally convertible) need to be classified either as monetary or
non-monetary assets. Thereafter, he gave an overview of the year end valuation
rules for assets and liabilities and provisions of section 43A of the Income
Tax Act. 

The group leader also
discussed various SC and HC decisions such as Shell Company of China Ltd.
(22 ITR 1) (CA), CIT vs. Tata Locomotive And Engineering Co. Ltd (60 ITR 405
(SC), Sutlej Cotton Mills Ltd. vs. CIT (116 ITR 1)(SC), State Bank of India vs.
CIT, CIT vs. Jagatjit Industries Ltd. (337 ITR 21) (Delhi HC)
and CIT
vs. PVP Ventures Ltd (211 Taxman 554) (Madras HC)
whereby the Courts in the
context of allowability of foreign gain / loss as expenditure, have held that
nature of gain/loss – capital or revenue needs to be identified.

CA. Mehta also explained
the provisions relating to foreign operations and treatment of opening balance
of foreign currency translation reserve (FCTR) existing on 01.04.2016 as
clarified by CBDT in the FAQ’s. Lastly, he touched upon provisions regarding
forward exchange contract and the differential treatment for premium/discount
under Accounting Standards and ICDS.

The participants were
thoroughly enlightened by the presentation on the subject.

Yoga Day Celebrations held on 21st June, 2017 at
BCAS

Human Development and Technology Initiatives Committee had
organised a yoga session jointly with Indian Spiritual Healing (ISH) Foundation
on Wednesday 21st June 2017 at BCAS Conference Hall, to commemorate
the International Yoga Day.

Mr. Pradeep Thakkar, a Professional Yoga teacher and an
active member of the ISH Foundation guided the participants who attended this
programme.

He demonstrated and guided
participants to perform different asanas with ease and comfort for a healthy
body and mind relaxation.

Participants were also
taught various pranayama to cure diseases. The session ended with positive
affirmations, energy balancing and Omkar Sadhana. Many participants requested
for a regular/long duration yoga course. It was a good learning of Yogasana and
Pranayam for healthy body and peaceful mind.

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
???????????????????????????????????????????????????????
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
where influence 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 local. 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 total participation of 2552. 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 you 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, Kawaljeet,
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 wellwishers
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
frms 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 ?rst time and have been
an integral part of this Committee for a fairly long time
till I became a Of?ce 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 state 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 pending field that 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
others 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 benefits 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 accountings firms. Networking
Power Summit is one format which could be organized
more frequently and 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

BCAS MANAGING COMMITTEE 2018-19

In accordance with clause no.18 of the Memorandum of
Association of the Bombay Chartered Accountants’ Society, as the names of
members who had filed their nomination for the Managing Committee for the year
2018-19 equalled to that of the number of posts, no election was necessary.

 

At the Special Committee Meeting held on 25th
May, 2018, in addition to the members elected unopposed, 6 other members have
been co-opted to the Managing Committee. The list of elected members and
co-opted members is as under:

President

CA. Sunil B.
Gabhawalla

Vice President

CA. Manish P.
Sampat

Hon. Joint
Secretary

CA. Abhay R.
Mehta

Hon. Joint
Secretary

CA. Mihir C.
Sheth

Treasurer

CA. Suhas S.
Paranjpe

Elected Member

CA. Anil D.
Doshi

Elected Member

CA. Bhavesh P.
Gandhi

Elected Member

CA. Chirag H.
Doshi

Elected Member

CA. Divya B.
Jokhakar

Elected Member

CA. Kinjal M.
Shah

Elected Member

CA. Mayur B.
Desai

Elected Member

CA. Rutvik R.
Sanghvi

Elected Member

CA. Samir L.
Kapadia

Co-opted  Member

CA. Anand
Bathiya

Co-opted  Member

CA. Ganesh
Rajgopalan

Co-opted  Member

CA. Mandar
Telang
                     

Co-opted  Member

CA. Pooja
Punjabi

Co-opted  Member

CA. Shreyas
Shah
                    

Co-opted  Member

CA. Zubin
Billimoria

Ex-Officio
Member

CA. Narayan
Pasari

Member (Editor
and Publisher-BCAJ)

CA. Raman H.
Jokhakar

The Committee will assume
office at the conclusion of the Annual General Meeting

to
be held on
6th
July, 2018.

COMPILERS NOTE

This month’s
Twitter Treats would obviously be dominated by the event that has shaken up the
whole of India – Demonetization of the currency notes. Since 8th November
evening, thousands of tweets on this subject have been sent out. Here are some
of the interesting ones:

@patelameet 

Earthquake
measuring 10 on the Rich – chor scale hits the black money hoarders in India
#indiafightscorruption

@joshikhushboo7

Country’s
detoxification on! #DeMonitization

@rishibagree              

Journalist
snubbed his driver when he asked Rs 500 advance After #DeMonetisation
same journo called the driver & gave him 12 months advance

@b50

I saw one
shop accept an old Rs 500 note for a Rs80 item and give back change,
smilingly. The customer told her God Bless You. Respect.

@DrGarekar

#IncomeTax
must be taught from Nursery so that paying taxes become ingrained in DNA of
every child as he grows to adulthood & start earning

@PawanDurani

UPA which
said Rs 30 is sufficient for daily expense of a common man in India for
a day is complaining about Rs 2000 withdrawal limit #Irony

@navinkhaitan

Congratulations
those who got the Rs 2000 note U hv successfully cleared Level1 Level2:
Find someone to accept the note n give u change

@anilkumble1074

Massive
googly bowled by our Hon. PM @narendramodi today. Well done Sir! Proud of you!!

@patelameet 

More notes
will be counted tonight in India than votes in USA #indiafightscorruption

@kapsology

ATMs giving
only Rs 2000 note if you withdraw Rs 2000. Iss note ka achaar
daale kya? No one is going to give change for it in the market.

@FortunateYogi

I want to
have a meal of Rs. 80 and all I have is a 2000 note, for which no
one gives me change. #MyExperience #ConfusedModiSarkar

@coolfunnytshirt

One out of
many positive side effects of #Demonitization – It has unmasked many
‘neutral’, ‘unbiased’ and ‘apolitical’ people on our TL.

@gauravcsawant

My first Rs
2000
note. Almost didn’t want it to go. Then the vegetable vendor said: the
more it changes hands better for all of us :))

@rameshsrivats 

Maybe we can
call this ATM calibration issue a Why-2K problem?

@rameshsrivats 

Good that we
are diverting cash from shady purposes to shaadi purposes.

@rameshsrivats 

ATM:
Welcome. Please enter PIN.

Rahul: Here,
take.

ATM: Ouch!
Not that pin.

And here are
some more tweets worth reading!

@graphic_foodie

I never love
my husband more than when he does my tax return #truelove

ObamaMalik                 

How do
illegal people pay income tax if they have no social security for their
tax form? I am legal. I have social security. I pay tax

@ashwinmushran

Pay Service
Tax!
Then told there is now a Service Tax half yearly return! Then
pay accountant to file that you’ve paid service Tax! Repeat

@aquasaurabh

After Income
Declaration Scheme
to tackle black money the Govt has Patriotism Declaration Scheme
fr just 5 cr #ADHMReleaseDrama @karanjohar

@mkvenu1

“Sin
tax” under GST regime is being lowered drastically to enable the “sinners”
to generate more cash. They help fund elections, after all.

@JamuntinI

God may even
forgive your Sins, taxation dept., wouldn’t. Sin tax @ 40% for your
Smoke…probably. #GST Update.

@rameshsrivats  

Now that a
real estate tycoon is winning the US elections, Congress must be seriously
looking at Robert Vadra.

@rameshsrivats  

Watching
NDTV. The Congress spokesperson is putting full nonsense. He should be treated
like a 1,000 rupee note, & discontinued immediately.

And here is
the list of a few bollywood actors’ twitter
handles that you may want to follow:

Madhuri
Dixit Nene – @madhuridixit

Shah Rukh
Khan – @iamsrk

Alia Bhat –
@aliaa08

Dilip Kumar
– @TheDilipKumar

Deepika
Padukone – @deepikapaduokne

Priyanka
Chopra – @priyankachopra

Karan Johar
– @karanjohar

Aamir Khan –
@aamir_khan

Anil Kapoor
– @AnilKapoor

Anupam Kher
– @AnupamPKher

Rishi
Kapoor – @chintskap
_

BCAS in 2016-17. Part – 2

We wish to draw your
attention on the article in April 2017 issue on the captioned subject. Hope you
enjoyed reading it!! The issue covered Part-1 on the universe of events that
took place in your Society. As we continue from there, in this issue we bring to
you the students’ activities which have been engaging students at BCAS. We will
also be listing the various steps the Society has taken to make its presence
felt in good governance, highlighting the various representations made by the
Society.

Students Activities: This year the Society has conducted 10
programs
exclusively for students. Students, the future of the profession,
with the urge to learn and explore the large gamut of the profession are always
on top of the world when they receive the most coveted and respectable degree.
It is always an honour to qualify as a Chartered Accountant and the feeling
makes you soar high. We acknowledge this every year and thus, post the results
season in August and February, BCAS conducts Session on “Success in CA Exams”.
It is said that inspiration comes from seeing success around us. What better
than felicitating freshly qualified CAs who share their experience and success
story at this forum with the Students. These sessions are specifically designed
for students to learn how they can succeed in their exams. This year too we had
one session on the topic on 20th August where CA. Mayur Nayak and
CA. Shriniwas Joshi acted as mentors to the students, guiding them on how to
Succeed in CA Exams. Another session on 18th February was conducted
by CA. Shriniwas Joshi and CA. Mudit Yadav who himself qualified during that
period and stood as an inspiration to the coming generation.

In its endeavour to
encourage young Chartered Accountants; BCAS this year has been running a felicitation
drive immediately after the results are announced. This is the Society’s way of
welcoming them with a small token of appreciation on qualification. On joining
BCAS as a member, we have been offering a small e-kit containing a felicitation
letter, a mobile App of “The BCA Referencer 2016-17” worth Rs.900/- with a
unique password, an E-voucher worth Rs.500/- which can be encashed against any
event at BCAS or on purchase of a publication or study circle enrolment, and
access to E-journal website BCAJONLINE which has a repository of past 22 years
of the coveted BCA journal. Membership has been offered free for Rank holders
in the above scheme. If any new entrant to the profession known to you has
missed the opportunity you can spread the word around and do get in touch on
the following link http://www.bcasonline.org/bcasnews_article.aspx?id=P001176.
Freshly qualified CAs this May/ November 2016 are still eligible.

While we are talking about
exams BCAS has been conducting a crash course for students in “ISCA for CA
Final Students” by CA. Kartik Iyer. The session was held this year in Oct 2016
and those appearing in November 2016 benefitted from the same. A similar course
was planned on 30th April 2017. Many students attended these
sessions.

A “Two-day workshop for CA
Students” was held in October 2016 to guide and nurture students on various
topics like Effective Articleship, Direct & Indirect Taxes, Companies Act,
2013, Accounts and Audit, Practical working around Tally and Excel. The event
was designed to give the students a larger canvas of their journey as they get
ready to step in the profession.

Annual Day for students is
always a big event where they network with their colleagues, learn from
seniors, showcase their talent and last but not the least have great fun. This
year, the 9th Jal Erach Dastur Students Annual Day held in May 2016
named “Tarang 2K16 – Tarsho Apne Talent Ke Rang” was one such happening event
where more than 500 students came together to explore their hidden talent. The
activities included Essay writing competition, Slogan & Sketch Competition,
Talent Show, Debates, Elocution Competition and last but not the least, the
icing to the cake was the “Selfie-Khiche Le” contest which received an
overwhelming participation from the students. Each category had tough
competition and all winners and runners up were felicitated. The Guest Speakers
for the event, Mr. Vishal Mehta from Infibeam Ltd. inspired the students with
his thoughts and acknowledged the enthusiasm with which the students performed.
The fun does not stop here as this is an every year affair. If you have missed
it the last time, do come for the 10th Jal Erach Dastur Students
Annual Day to be held on 3rd June 2017 named “Tarang 2K17 – Tarsho
Apne Talent Ke Rang”. You can visit www.bcasonline.org to know more.

While the above activities
are exclusively for CA Students, we would like to also mention that every year
BCAS also joins hands with the Forum for Free Enterprise and A. D. Memorial for
the Nani Palkhivala Memorial Elocution contest for Law Students. Here, BCAS
partners as a panellist and sponsors the awards to the winners.

BCAS this year joined
hands as a knowledge partner with the Finance and Investment Cell of Narsee
Monjee College of Commerce and Economics (N M College) for their event “Insight
Conclave 2017” organised by Students of Narsee Monjee College on 18th
& 19th February 2017. We played a major role in helping the
students in deciding the programs and get the best speakers for the event. A
Special session was organised by BCAS for the students.

Besides the Mega Insight
2017 event, BCAS also conducted a session on “Issues and Impact of
Demonetisation” on 5th December 2016 for students of N. M. College.
The session received overwhelming response from students with more than 200
participants who were enthralled by the speech of CA. Ameet Patel & CA. T.
P. Ostwal.

Post the session on
demonetisation, the next mega event in the country was the Finance Bill 2017.
The BCAS conducted 2 sessions on the topic, one on 1st February for
N. M. College where CA. Ameet Patel and CA. Sushil Lakhani discussed the
various elements of Direct Tax and International taxation respectively. This
received a tremendous response, after which the second session was conducted
for students of H. R. College on 22nd February where CA. Ameet
Patel, CA. Samir Kapadia & CA. Siddharth Banwat spoke on the changes in
Direct tax, GST and International taxation respectively.

Representations: The Society made the following 10
representations
to the government.

Sr. No

Date

Representation

Addressed to

Jointly

1

30th July, 2016

Certain issues under IDS
2016

Mr. Hasmukh Adhia

Hon. Revenue Secretary
Ministry of Finance

 

   Ahmedabad Chartered Accountants’ Association

  Chamber of Tax Consultants

  Karnataka State Chartered Accountants’ Association

2

18th August, 2016

Representation in respect of
the Model Goods and Services Tax Law.

Mr. Ravneet Khurana,

Deputy Commissioner (GST)

 

3

29th August 2016

Representation on Model GST
Law

Shri Arun Jaitley

The Finance Minister

   Shri Amit Mitra, The Chairman, Empowered Committee of State
Finance Ministers

   Shri Satish Chandra, Member Secretary, Empowered Committee of
State Finance Ministers, Delhi Secretariat

   Dr. Hasmukh Adhia, The Secretary, Department of Revenue (Ministry
of Finance)

   Shri Najib Shah, The Chairman, Central Board of Excise and
Customs

 

4

13th September,
2016

Direct Tax Dispute
Resolution Scheme, 2016

Ms. Rani Singh Nair

Chairperson, CBDT

 

Chartered Accountants’
Association –
Ahmedabad

Chamber of Tax Consultants

Karnataka State Chartered
Accountants’ Association

Lucknow Chartered
Accountants’ Society

 

5

18th October 2016

Pre-Budget Memorandum on
Direct Tax Laws 2017-18

Shri Arun Jaitley, Ministry
of Finance,
Government of India,

 Shri Santosh Kumar Gangwar, Minister of State for Finance

  Shri Arjun Ram Meghwal, Minister of State for Finance

 The Finance Secretary

 Dr. Hasmukh Adhia, The Revenue Secretary, Ministry of Finance

 The Chairman, Central Board of Direct Taxes

 Joint Secretary, TPL-I

 Director, TPL-I

 Director, TPL-II

 

6

3rd November 2016

Representation to the Expert
Group on issues relating to Audit Firms

Shri Ashok Chawla

Chairman TERI

 

 Shri Hari S. Bhartia, Co-Chairman & Managing Director, Jubliant
Life Sciences Ltd and past president CII

 Shri N. S. Vishwanathan, Deputy Governor, Reserve Bank of India

  Shri M. R. Bhat , Joint Director

 Ms. Shalini Budathoki, Executive Director, National Foundation for
Corporate
Governance.

7

12th January 2017

Representation to CBDT
regarding error in stating the due date for Filing of Quarterly TDS
Statements for Financial Year 2016-2017 in Circular1/2017.

The Chairperson

Central Board of Direct
Taxes Government of India

 

 

8

8th March 2017

Post Budget Memorandum on
Direct Tax Laws 2017-18

Mr. Arun Jaitley

Hon. Minister of Finance
Government of India

 

9

14th March 2017

Deactivation of duplicate
PAN Cards

The Chairperson

Central Board of Direct
Taxes
Government of India

 

 

10

15th March 2017

Interaction of Central
Technical Committee Members with Tax Professionals at Mumbai

Central Technical Committee

 

Besides the above written representations, BCAS has also
joined hands along with ICAI and supported the government in the Income
Disclosure Scheme 2016.

We also met the Expert Group and presented issues relating to
Audit Firms at the forum.

BCAS was also invited for a discussion on GST by the
government and we are glad to inform you that many suggestions made by us were
considered in preparing the Model GST Law. A list of such suggestions is
available on our website www.bcasonline.org for your review. We are glad to
also inform you that BCAS is one of the Approved Training Partners(ATPs) to
impart GST Training by NACEN (National Academy Of Customs, Excise and
Narcotics) with 10 certified trainers on board.

We are sure you will continue to join us in our
objective of spreading knowledge. The knowledge journey will continue in our
next issue.

Penalties under Income Tax Act – Recent Developments

Topic:      Penalties under
Income Tax Act – Recent Developments

Speaker:   Mr. Hiro Rai, Advocate

Date:         22nd
March 2017

Venue:     Walchand Hirachand Hall,  Indian Merchants Chamber

The speaker commenced the lecture
meeting, by dealing with the penalty u/s. 
271(1)(c) of the Income-tax Act, 1961 (‘The Act’). Section 271(1)(c) has
two limbs, concealment of particulars of income and furnishing of inaccurate
particulars of income. The very first argument to be taken, in a penalty u/s.
271(1)(c) is of whether the penalty that has been levied is on the concealment
of income or furnishing inaccurate particulars of income, provided the facts
and circumstances of the case permit such an argument. It is an established
proposition that penalty provisions should be strictly construed. Therefore, if
the show-cause notice is in the printed form where the AO has not ticked the
relevant provisions or has not marked what he wants the assessee to respond to,
then the inference can be drawn that there is failure on the part of the AO to
apply his mind. In such a scenario, the assessee is deprived of knowing what
charge he is required to answer to. The courts have taken the position that, in
such cases, the penalty proceeding itself is bad in law.

In this regard, the speaker
referred to two rulings given by the Karnataka High Court (‘HC’) viz., CIT
vs. Manjunatha Cotton & Ginning Factory (359 ITR 565)
and CIT vs.
SSA’s Emerald Meadows (73 taxmann.com 241)
. In SSA’s Emerald Meadows case,
the Karnataka HC followed the decision of Manjunatha Cotton & Ginning
Factory (supra), and the Supreme Court (‘SC’) dismissed the Special
Leave Petition (‘SLP’) filed by the department. However, mere dismissal of an
SLP, in the absence of a speaking order does not mean that the SC has given the
stamp of approval to the decision of the Karnataka High Court.  The speaker mentioned that, the SC decision
in case of T. Ashok Pai vs. CIT (245 ITR 360) also discusses the above
proposition.

In a recent case, Mumbai Income
Tax Appellate Tribunal (‘ITAT’) followed the above mentioned 2 decisions of the
Karnataka High Court and observed that “If penalty is initiated on one limb
of the section 271(1)(c) of the Act and levied on another limb, then the
penalty is bad in law
.” In a recent case, reported in 392 ITR 4, the Bombay
HC noted the fact that since the notice did not strike out irrelevant portion,
the AO had not applied his mind.

As regards penalty u/s. 270A, the
memorandum explaining the Finance Bill as well as the circular on the Finance
Act both include the words “In order to rationalise provisions relating to
penalty and bring clarity, certainty
…”. However, the speaker was of the
view that it was doubtful whether there would be clarity and certainty.

Sub-section (1) of section 270A
lists down the authorities who may impose penalty in case of an under reporting
of income. The inclusion of the words “… may, … direct that..” indicates
that the levy is not mandatory. The speaker suggested that, when an opportunity
of being heard is given to the assessee, he should completely bring out all the
relevant facts.

Sub-section (2) to section 270A
lays down the 7 situations where a person can be considered to have
under-reported the income. In all the situations, the AO has to prove that
there is under-reporting of income. The first 3 clauses of sub-section (2) to
section 270A i.e. (a) to (c), deal with non – MAT additions. In case of clause
(a), there must be processing of return of income u/s. 143(1) of the Act. No
return case is mentioned in clause (b), where the income assessed is greater
than maximum amount not chargeable to tax. Clause (c) covers the cases relating
to reassessment. Clauses (d) to (f) deal with additions to MAT profits. The
speaker mentioned that, at bill stage, clause (f) was not present. At the Act
stage, clause (f) was inserted and the earlier proposed clause (f) was shifted
to clause (g). However, the lawmakers failed to amend clause (d), while
inserting clause (f). Clause (g) covers a situation where loss is reported in
the return of income and the assessment or reassessment has effect of
converting such loss into income. A Loss to Loss situation is not covered in
clause (g) as it contains the words “the income assessed …”.

Section 270A(3) provides for the
computation of under-reported income. The speaker was of the view that, in 90%
of the cases the AO would sustain penalty in case of addition to the income,
causing a lot of harassment to the assessee. In case the difference between
returned and assessed income is on account of the income as per normal
provisions of the Act and not on account of book profits computed u/s. 115JB,
then section 270A(3)(ii) will not apply. Then, the speaker threw light on the
formula (A–B) + (C–D) mentioned in the proviso to section 270A(3). The proviso
is applicable where under-reporting of income arises out of determination of
book profits as per MAT provisions. However, in the formula, ‘A’ is the total
income assessed as per normal provisions of the Act. But, when book profits are
deemed to be total income, then there is no assessment of income as per normal
provisions, but mere computation of such income. Therefore, in the view of the
speaker, the formula (A–B) + (C–D) fails, and hence no penalty could be levied
in such a situation.

Section 270A(6) provides the
exclusions from under reporting of income. Clause (a) states that, no penalty
is to be levied in case of under-reporting of income on the legal issues. The
speaker suggested that in case of a legal claim made by the assessee, the facts
should be disclosed properly by the assessee. On clause (c), the speaker gave
an example of disallowance u/s. 14A and disallowance to the extent of say, 25%
of expenses by the AO in the assessment order, where the assessee has suo-moto
disallowed 10% of the expenses. Clause (d) talks about Transfer Pricing
adjustments. As per clause (e), no penalty u/s. 270A can be levied in search
cases.

Section 270A(7) quantifies the
amount of penalty payable on under-reported income i.e. 50% of the amount of
tax payable on under-reported income.

Then, the speaker discussed s/s.
(8), which quantifies the penalty at 200% of the tax payable on under-reported
income, which is as a consequence of misreporting. The speaker clarified that
misreporting of income is a sub-set of under-reporting. Further, the saving
clauses of sub-section (6) to section 270A do not apply in cases of
misreporting of income.

S/s. (9) gives an exhaustive list
of misreporting of income. The speaker gave examples on each clause of the sub-section.

Clause (q) to Section 246A(1)
gives a right to the assessee to appeal before the Commissioner of Income Tax
(Appeals) against an order imposing penalty under Chapter XXI.

U/s. 273A, penalty can be reduced
or waived on satisfaction or certain conditions mentioned therein.

U/s. 270AA(1), where the assessee
pays the tax and interest payable as per the order, the AO may grant immunity
from imposition of penalty for misreporting or under-reporting. In the
speaker’s view, the AO may reject the immunity as mentioned above, stating that
the income is misreported and not under-reported.

As regards section 270AA(2), the
speaker categorically mentioned that the application to the AO to grant
immunity from imposition of penalty u/s. 270A should be made immediately on
receipt of the assessment order u/s. 143(3) or reassessment order u/s. 147, as
the case may be, and one should not wait for the last date i.e. one month from
the end of the month in which the order is received. This is because the period
of limitation as mentioned in section 249 is not adequate.

The inclusion of the word “shall”
in sub-section (3) of section 270AA binds the AO to grant immunity on the
conditions specified in sub-section (1) to section 270AA being satisfied.
However, there will be no benefit granted in case of misreporting of income.
Clause 3 is available only in case of under-reporting of income.

As per section 270AA(4), the AO
should give an opportunity of being heard to the assessee, before rejecting the
application to grant immunity from imposition of penalty u/s. 270A. The speaker
mentioned that in case of mis-reporting of income, when the opportunity of
being heard is given, the assessee should bring out the fact that, the assessee
does not accept that his case is one of misreporting.

In case the application to grant
immunity from imposition of penalty u/s. 270A is rejected, then an appeal
should be filed before the Commissioner of Income Tax (Appeals) against such
rejection.

Later, the speaker threw light on the saving provisions
contained in the section 249 of the Act that, for the purpose of computing the
period of limitation for filing of an appeal to the Commissioner (Appeals),
where an application has been made u/s. 270AA(1). The period beginning from the
date on which application is made, to the date on which the order rejecting the
application is served on the assessee, is to be excluded.

Section 271AAB speaks about the
penalty in cases where search has been initiated. As per clause (a) to s/s.
(1), in case of search initiated on or after 1st July, 2012 but
before 15th December, 2016, the assessee shall pay by way of penalty
at the rate of 10 % of the undisclosed income of the specified previous year on
satisfaction of the conditions mentioned therein.

As per section 271AAB(1A)(a), in
case of search initiated on or after 15th December, 2016, the
assessee shall pay by way of penalty at the rate of 30 % of the undisclosed
income of the specified previous year on satisfaction of the conditions
mentioned therein. As per clause (b) the, assessee shall pay by way of penalty
at the rate of 60 % of the undisclosed income of the specified previous year.
Clause (b) covers the situations which are not covered in clause (a).

Later, the speaker dealt with the
amendment in section 115BBE by the Taxation Laws (Second Amendment) Act, 2016
w. e. f. 1st April, 2017. Section 115BBE prescribes tax at the rate
of 60% on the income referred in sections 68, 69, 69A, 69B, 69C or 69D included
in total income of the assessee computed in return of income or determined by
the Assessing Officer. Section 271AAC of the Act prescribes penalty at the rate
of 10% of the tax payable u/s. 115BBE. The silver lining here is that, the rate
of income tax as per section 115BBE is 60% and as per section 271AAC, the
penalty is computed at the rate of 10% of the tax payable u/s. 115BBE.
Therefore, the total liability towards tax and penalty together amounts to 66%
of the income referred in sections 68, 69, 69A, 69B, 69C or 69D of the Act.

The
meeting ended with a vote of thanks to the speaker.

Don’t demonize, the US President Donald Trump, analyse Trump. He represents a thought process. Its not a momentary expression – Shri S. Jaishankar, Foreign Secretary.

11. HC dubs tree felling for Metro a tsunami

The Bombay high court on Friday said it will not immediately
vacate the interim stay on cutting of trees for Metro III unless shown that
there is nothing illegal or improper in the procedure adopted.

A bench of Chief Justice Manjula Chellur and Justice Girish
Kulkarni were categorical while granting time to Mumbai Metro Rail Corporation
Ltd (MMRCL) to place on record information regarding the survey done before the
firm proceeded with the cutting of over 5,000 trees for the Colaba
Andheri-Seepz corridor. Justice Chellur said, “Even then I will not immediately
vacate the stay. You can’t cut trees like that.“

The judges said that “maybe, if required“ they will ask
another committee to oversee the removal of trees. The stay will be vacated “if
nothing is (found) illegal or improper (in the procedure adopted)“, said
Justice Chellur. The bench said MMRCL must state what assessment was done for
tree cutting, including a list of trees, their kind and age, and whether there
is any plan for replantation.

The court questioned the BMC and told it “to justify how all
permissions are granted“.“Look at the photographs. Like a tsunami… tsunami as
far as trees are concerned,“ said Justice Chellur.

(Source: The Times of India, February 11, 2017)

12. Looking the Part

Say you had the choice between two surgeons of similar rank
in the same department in some hospital. The first is highly refined in
appearance; he wears silver-rimmed glasses, has a thin built, delicate hands, a
measured speech, and elegant gestures. His hair is silver and well combed. He
is the person you would put in a movie if you needed to impersonate a surgeon.
His office prominently boasts an Ivy League diploma, both for his undergraduate
and medical schools.

The second one looks like a butcher; he is overweight, with
large hands, uncouth speech and an unkempt appearance. His shirt is dangling
from the back. No known tailor in the East Coast of the U.S. is capable of
making his shirt button at the neck. He speaks unapologetically with a strong
New Yawk accent, as if he wasn’t aware of it. He even has a gold tooth showing
when he opens his mouth. The absence of diploma on the wall hints at the lack
of pride in his education: he perhaps went to some local college. In a movie,
you would expect him to impersonate a retired bodyguard for a junior
congressman, or a third-generation cook in a New Jersey cafeteria.

Now if I had to pick, I
would overcome my suckerproneness and take the butcher any minute. Even more: I
would seek the butcher as a third option if my choice was between two doctors
who looked like doctors. Why? Simply the one who doesn’t look the part,
conditional of having made a (sort of) successful career in his profession, had
to have much to overcome in terms of perception. And if we are lucky enough to
have people who do not look the part, it is thanks to the presence of some skin
in the game, the contact with reality that filters out incompetence, as reality
is blind to looks.

When the results come from
dealing directly with reality rather than through the agency of commentators,
image matters less, even if it correlates to skills. But image matters quite a
bit when there is hierarchy and standardized “job evaluation”. Consider the
chief executive officers of corporations: they not just look the part, but they
even look the same. And, worse, when you listen to them talk, they will sound
the same, down to the same vocabulary and metaphors. But that’s their jobs: as
I keep reminding the reader, counter to the common belief, executives are
different from entrepreneurs and are supposed to look like actors.

Now there may be some correlation between looks and skills;
but conditional on having had some success in spite of not looking the part is
potent, even crucial, information.

(Source: Nassim Nicolas Taleb, February 24th, 2017, from
INCERTO)

13. Checks and balances: Permitting tax authorities to
conduct raids without due process will be disastrous

Having elections to decide who is to govern us meets only the
most basic definition of a democracy. But at a deeper level, democracies
require checks and balances in governance. Otherwise, no matter how free and
fair the elections, they would be autocracies with periodic changes of
leadership.

The proposal in this year’s budget to amend Section 132 of
the Income Tax (IT) Act is an example. The amendment would do away with the
requirement for IT officials to demonstrate they had “reason to believe” that
violations existed, or that the assessee would not comply, before conducting a
search and seizure “raid”.

The danger in this is obvious. Without having to show they
had good reasons for raids, there is nothing to prevent IT officials from
conducting them arbitrarily. Harassment and rent seeking – the term economists
use for corruption – are sure to follow.

Nevertheless, it is worth taking stock of the opposite
arguments as well. Checks and balances are meant to prevent the autocratic,
mindless, or subjective exercise of authority, but not to block its legitimate,
justifiable application.

So where does the Indian government’s crackdown on IT evaders
stand? The statistics clearly show that the pace has been considerably stepped
up in the past two years. For instance, the number of raids in the first half
of 2016, at 148, was nearly triple of the 55 in the first half of 2015.

Similarly, cash, jewellery and other assets seized during
raids in the first seven months of 2016, at Rs 330 crore, was more than 300% of
the same period in 2015. And unpaid taxes surrendered by assessees in 2016 were
Rs 3,360 crore, a more than 50% increase over 2015.

However, it was never going to be easy to rapidly scale up
such scrutiny or, indeed, conduct raids. It is not simply a matter of
allocating more resources for it, but also having to deal with judicial
hurdles. As the Finance Bill explains, “certain judicial pronouncements have
created ambiguity in respect of the disclosure of ‘reason to believe’ or
‘reason to suspect’ recorded by the income tax authority to conduct a search
under Section 132.”

But therein lies the rub. If judges have imposed constraints
on raids because of unconvincing reasons to believe they were justified, then
it is almost inevitable they will find fault with altogether doing away with
all justification! Though the executive and legislative branches may decide to
abjure cumbersome procedural requirements in the interest of efficiency, that
must pass the test of natural justice and constitutional guarantees in order to
deter the judicial branch from overturning it.

Using the principles of checklist management, IT officials
could be given an objective list of items to be ticked off that would serve as
a record of due process having been followed prior to a raid. And surely the
finance ministry has the expertise to craft such a checklist that would pass
judicial muster.

(Source: Article by Shri Baijyant ‘Jay’ Panda, BJD Lok
Sabha MP, in The Times of India dated 15.02.2017)

14. Vyapam scam: Supreme Court cancels degrees of 634 doctors

Coming down hard on corruption in MBBS admissions in Madhya
Pradesh between 2008 and 2012, the Supreme Court cancelled the degrees of 634
doctors on Monday and said admissions obtained through a mass fraud called
“Vyapam scam”+ could not be condoned.

“The actions of the appellants are founded on
unacceptable behaviour and in complete breach of rule of law. Their actions
constitute acts of deceit… National character, in our considered view, cannot
be sacrificed for benefits – individual or societal,” a bench of Chief
Justice J S Khehar and Justices Kurian Joseph and Arun Mishra said in an
83-page judgment.

“If we desire to build a nation on the touchstone of
ethics and character, and if our determined goal is to build a nation where
only rule of law prevails, then we cannot accept the claim of the appellants
(students) for suggested societal gains (by allowing them to keep the degrees
on the condition of doing social service free of cost for some years),”
the bench said.

Writing the unanimous judgment, Justice Khehar said, “We
have no difficulty in concluding in favour of rule of law… Fraud cannot be
allowed to trounce, on the stratagem of public good.”

All these admissions to MBBS courses between 2008 and 2012
were cancelled by the MP Professional Examination Board. A bench of Justices J.
Chelameswar and A. M. Sapre had found them to be illegal on May 12, 2016.

While Justice Sapre had ordered cancellation of the
admissions and annulling of the degrees, Justice Chelameswar had said since the
students had completed their courses, it would be a national waste to annul the
degrees.

Instead, Justice Chelameswar allowed them to keep their
degrees provided they did social service for a certain period. Given the split
verdict, the matter was placed before a three-judge bench of Chief Justice J S
Khehar and Justices Joseph and Mishra. Writing the unanimous judgment, Justice
Khehar agreed with the view taken by Justice Sapre and annulled the degrees
obtained by these 634 students, who had got admission into medical colleges on
the back of influence peddling.

(Source: The Times of India dated 14.02.2017)

15. ‘Cashless economy an invitation to online fraudsters’

The international standards body for the payments industry
has called for a cybersecurity breach notification law to raise awareness of
online criminals. According to the Payment Card Industry (PCI) Security
Standards Council, the move towards a cashless economy post-demonetisation has
also sent an invitation to online fraudsters of a new market opening up. In
information security circles, any unauthorised access to an individual’s data
is called a breach.

Jeremy King, international director, PCI Security Standards
Council, said that while the migration to a cashless society will be beneficial
to a wider population in India and provide greater opportunity to merchants and
banks, the biggest challenge is that online criminals have become very
organised and global.

Without a breach notification, we pretend we have never been
breached, and banks and organisations accept the loss. That means that people
think there is no fraud happening when there is a lot of fraud happening,”
he said.

The risk to banks were not just in the payments business but
wherever personal data was stored. There have been instances when telecom data
was hacked to access bank details. While the demand for auditing payments
infrastructure has gone up, India is facing a shortage of IT security auditors.
The RBI wants more approved assessors in India to support the large base of
merchants and banks. We are working on that. We need more security
professionals and we need more organizations.

Criminals are also learning to work around security features.
For instance, with card analytics now identifying unusual patterns based on
transactions being done in different pin codes, fraudsters are now selling
cards on the Dark Net — an underground network with restricted access used to
sell stolen content — based on pin code of the issuer so that the frauds do not
ring alarm bells.

Another challenge for the council is that countries are
moving away from cards to newer form factors like account-to-account transfers.
While people were looking at ways of making new form factors work in a
frictionless and secure manner, there were trade-offs. The balance between risk
and security is where we live. You can make something very, very secure, but
it’s of no use. So you know that there is a level of risk that you are willing
to accept in order to make the process work smooth enough so that people will
use it.

(Source: The Times of India dated 21.02.2017)

16. India Inc is better
off avoiding the flawed US practice of unrealistically high CEO compensation.

The debate between Infosys’ founders and the current
management and board about senior management compensation can be an important
signpost for corporate governance in the country.

The key question is, should shareholders, corporate
governance activists and policymakers allow India Inc to transplant some of the
ugly corporate governance practices from Corporate America? While the moral
aspects to mimicking such ugly features in a country significantly poorer than
the US remain open to debate, I will focus on economic aspects.

Between 1992 and 2000, following the Bull Run in US stock
markets, the average real (inflation-adjusted) pay of chief executive officers
(CEOs) of S&P 500 firms more than quadrupled, climbing from $3.5 million to
$14.7 million. This growth of executive compensation far outstripped
compensation for other employees. In 1991, the average large-company CEO in the
US received about 140 times the pay of an average worker; in 2003, this ratio
was about 500:1.

When compared to the value added by an average employee, did
the value add by the CEO of an S&P 500 firm quadruple in just eight years?
What super-diet did the CEOs of S&P 500 firms consume from 1992 to 2000 to
quadruple their relative contribution? Did such a super-diet quadruple a CEO’s
strategic thinking abilities?

Since none of us has heard about any such super-diet hitting
retail outlets, it is safe to conclude that such quadrupling represented the
outcome of a game that gets fixed between the CEO and pliant board. Academic
research, summarised in Bebchuk (2004), has provided robust evidence of such
match-fixing. “In judging whether Corporate America is serious about reforming
itself, CEO pay remains the acid test. To date, the results aren’t encouraging,
Warren Buffett said.

In an ideal world, a CEO would get paid commensurate to the
value he or she adds to the firm. The board would design the compensation to
provide strong incentive to the CEO to contribute to shareholder value. But
this represents a Utopian concept. First, for various reasons, directors in a
firm support arrangements favourable to the company’s top executives. Social
and psychological factors contribute to this phenomenon.

Second, limited time and resources often make it difficult
for even well intentioned directors to do their pay setting job properly. When
not well prepared for the ensuing battle, directors can often choose peace within
the boardroom.

Finally, CEOs exert considerable power in shaping their pay
packages and those directly reporting to them.

Research shows that CEOs’ influence over directors enables
them to obtain “rents” — benefits greater than those commensurate to the true
estimate of the value they add to the company.

These findings followed research on CEO pay in the US after
the spate of corporate scandals that began in late 2001and shook confidence in
the performance of public company boards.

Research now recognises that many boards have employed
compensation arrangements that do not serve shareholders’ interests. Flawed
compensation arrangements have been widespread, and systemic, stemming from
defects in the underlying governance structure.

For instance, oil company
CEOs get paid significantly more when the crude oil price increases — an
outcome in which the oil company CEO had no role. Most CEOs get paid more when
the average stock market performs well; again, the CEO had no role to play in
the stock market’s performance.

A large portion of CEO pay comes in forms other than equity,
such as generous severance packages, salary and bonus, which correlate weakly
with firms’ industry-adjusted performance.

Thus, academic research underlines the fact that CEO pay is
the outcome of a game that gets fixed between the CEO and pliant boards. Given
this evidence in the US, Sebi and corporate governance activists must watch the
developments at Infosys carefully and ensure that some rotten governance
practices in the US do not develop root in India.

(Source: Extracts from Article by Krishnamurthy
Subramaniam, Associate Professor of Finance, at Indian School of Business,
Hyderabad, in the Economic Times dated 17.02.2017)

One Republic

When you call yourself an Indian, Muslim, Christian, European
or anything else, you are being violent. Because you are separating yourself –
by belief, by nationality, by tradition – from the rest of mankind. This breeds
violence.

 – J.
Krishnamurti

(From Sacred Space)

BCAS Managing Committee Elected Members for 2017-2018

In accordance with Clause No.18 of the Memorandum of
Association of the Bombay Chartered Accountants’ Society, the names of members
who have filed their nomination for Managing Committee are to be exhibited.
Since the number of nominations are equal to that of the number of posts, no
election is necessary. At the Special Committee Meeting held on 10th May,
2017, in addition to the members elected unopposed, 6 other members have been
co-opted to the Managing Committee. The list of elected members and co-opted
members is as under:

President

Narayan R.
Pasari

Vice President

Sunil B.
Gabhawalla

Hon. Joint
Secretary

Manish P.
Sampat

Hon. Joint
Secretary

Abhay R. Mehta

Treasurer

Suhas S.
Paranjpe

Elected Member

Anil D. Doshi

Elected Member

Bhavesh P.
Gandhi

Elected Member

Chirag Himat
Doshi

Elected Member

Divya B.
Jokhakar

Elected Member

Kinjal M. Shah

Elected Member

Mayur B. Desai

Elected Member

Rutvik R.
Sanghvi

Elected Member

Samir L.
Kapadia

Co-Opted  Member

Anand Bathiya

Co-Opted  Member

Devendra H.
Jain

Co-Opted  Member

Ganesh
Rajgopalan                     

Co-Opted  Member

Mandar U.
Telang

Co-Opted  Member

Mihir C. Sheth                    

Co-Opted  Member

Pooja J.
Punjabi

Ex-Officio
Member

Chetan Shah

Member
(Publisher)

Raman H.
Jokhakar

 

The committee will
assume office at the conclusion of the Annual General Meeting on 6th July,
2017.

BCAS In 2016-17. Part – 3

As promised, this is the third and last part on the captioned
subject. The Annual Report for the year will be published soon and you will be
able to see complete details of the happenings throughout the year. As a
member, we urge you to go through the Annual Report and do share your feedback
with us. In this issue, we will cover knowledge sharing through our
publications and various other activities held at the Society.

BCAS Publications:
The year has been eventful with knowledge sharing at the forefront. The Society
released publications on various topics of professional significance.

At the last AGM held in July 2016, the Society released 2
publications. One on “Internal Audit – Practical Case Studies” by CA. Deepjee
Singhal and CA. Manish Pipalia. Internal Audit has been an area that is under
explored by Chartered Accountants. Its potential to add value remains a key
driver looking at the need, utility and the possible revenue to chartered
accountants. Unlike Statutory Audit, the scope of Internal Audit can be as wide
as business. The irony is that businesses do not adequately recognise the value
of Internal Audit. The Companies Act, 2013 has brought new impetus on Internal
Audit for Companies.

The second publication was on “Non-Banking Financial
Companies – A Treatise” by CA. Bhavesh Vora, CA. Zubin Billimoria, CA. Hardik
Chokshi, CA. Gautam V. Shah & CA. Heneel Patel. Today, NBFCs are regulated
entities and are under the supervision of the Reserve Bank of India . The
growth of this sector must be balanced with the objectives of financial
stability, depositor protection and ensuring adequate compliance with
regulations. Considering the role of NBFCs in the economic development and to
ensure systematic and structured growth in this sector, the NBFC regulations
are made over-arching. The compliances are layered and multiple, depending on
the type of NBFC. The deposit accepting NBFCs have the most rigorous guidelines
to adhere to stringent reporting requirements.

BCAS released the 3rd Edition of “Gita for Professionals” by
CA. Chetan Dalal in August 2016. This book received an overwhelming response.
The book has always caught the attention of the young and experienced as it
throws light on aspects of professionalism from the Holy Bhagwat Gita. A Hindi
edition of the book was also simultaneously released which was also well received
by our Hindi reading professionals

BCAS, which had been in the forefront to organise several
workshops on the ICFR came out with a publication in the month of August 2016
called the “Internal Control Over Financial Reporting” by CA. Nandita Parekh.
This book discussed the subject in a simple and lucid language and assisted
such companies to adhere with the requirements of the Companies Act, 2013 and
their auditors to effectively discharge their duties. The Publication contained
ready to use drafts and formats which can be used with some modifications to
design and document the internal controls over financial reporting.

BCAS supported the Government in sharing knowledge on Income
Disclosure Scheme 2016 and came out with a publication on the said subject in
August 2016 called the “Income Disclosure Scheme, 2016” by CA. Bhadresh Doshi.
There had been numerous public meetings addressed by various Principal
Commissioners of Income-tax across the country exhorting people to come clean.
BCAS had the opportunity to attend one such meeting which was jointly held by
ICAI & FICCI. The author along with the BCAS President CA. Chetan Shah had
the honour to hand over a copy of the publication to the hon’ble Finance
Minister, Shri Arun Jaitley on this occasion.

Another publication released was by two young authors from
Ahmedabad CA. Viren Shah & CA. Jeyur Shah on the “Reporting under CARO
2015/2016 (a compilation)“. The book was released in Ahmedabad at the BCAS
Event on the said topic. The book received good response across the country.

Deduction of tax at source from non-residents has always been
a complex subject since the payer effectively needs to determine the tax
liability of the payee in India. The changes brought from time-to-time, and
recently in 2016, including the requirement of e-filing, have added to the
complexities of the procedures. With business boundaries extending globally,
transactions with non-residents are common place. A very important
consideration in any jurisdiction that claims to be business friendly is the
tax regime. After the opening of the Indian economy, there has been a paradigm
shift in cross-border transactions. Thus, BCAS thought of the publication on
International Tax on “Payments to Non – Residents – A Guide on Reporting Tax Deduction
at Source under Section 195” by CA. N. C. Hegde, CA. Mallika Apte, and CA.
Risha Gandhi. This was one of the very fast selling publications and was out of
stock within a short time of 2 months.

The most awaited publication year on year “BCAS Referencer
2016-17” again sold around 5000 copies. This year the Referencer came with an
app with a unique password for users to view it on Windows, Android & IOS
phones. The technological addition to the traditional Referencer received a
very encouraging response. This year’s “BCAS Referencer 2017-18” was released
in April 2017 and is available for sale.

As a tradition, BCAS comes out every year with the
publication “Union Budget – An Analysis” which articulates the various
amendments post budget. This year, post budget in February 2017, the said BCAS
publication which was printed in 2 languages English and Gujarati, crossed a
sale of 35000 copies of English and 3500 copies of Gujarati.

With technology at the forefront BCAS this year came out with
2 e-Publication in flipbook format. One was an e-Publication on “Rules of
Interpretation of Tax Statutes” by Senior Advocate Mr. N. M. Ranka. The book is
a compilation of Mr. Ranka’s authored articles on “Rules of Interpretation of
Tax Statutes” in the Bombay Chartered Accountants’ Society Journal (BCAJ). The
said articles were published in four parts from April 2016 to July 2016. This
e-Publication received 4252 views till date.

The second e-Publication was on “The Direct Tax Dispute
Resolution Scheme 2016 – An Analysis” by CA. Saroj Maniar. This publication has
received 3203 views till date.

A few other publications which are lined up for release
shortly include the “Monograph Series” a set of 5 publications on various legal
aspects, “FAQ on Accounting Standards”, “Audit Checklist”, “Publication on
Equalisation Levy” and others. Do keep in touch with the BCAS knowledge
management portal to know more on the upcoming list.

Other Activities:
Amongst various other activities at BCAS; we are glad to inform you that the
various study circles have been doing exceptionally well with enthusiastic
participation. Study Circles at BCAS have always seen great engagement on
knowledge development by its members. This year too, the response has been good
and an overall of 20 study circle sessions were conducted. A new venture here
was the commencement of BEPS (Base Erosion & Profit Sharing) Study Circle
in December 2016. Since its first meeting in December this Study Circle has
been receiving good participation and has successfully completed 7 sessions
till March 2017.

Some of the key highlights this season without which this
year cannot be called complete are as follows:

One was the Grand 50th Golden Jubilee Residential Refresher
Course. The event details are covered in Part 1 however one cannot miss the
publication which the Society came out during this celebration in January 2017
which is called “Golden Jubilee Residential Refresher Course Nostalgia -A
Collection of memories.” This publication is a golden collection of lasting
memories of the last 50 RRCs in a glimpse. The Journey has been sentimental and
nothing can tarnish the nostalgic experience. At BCAS; the affection shines, as
we scroll through the past. This publication gives access to the enchanting
memories of 50 RRCs and has various eminent authors penning articles on topics
of professional significance.

Another significant activity of the Society is on the most current
topic of GST. Though part 1 on events covered the various seminars on the said
topic we would like to inform you that BCAS is one of the Approved Training
Partners(ATPs) to impart GST Training by NACEN (National Academy of Customs,
Excise and Narcotics). We have 10 certified trainers on board to impart this
training. BCAS has commenced trainings designed and conceptualised as per the
NACEN guidelines prescribed by the government. 

On the technology front BCAS took various steps, starting with
making available sale of publication and events online. BCAS online portal
facilitates its members to purchase publications, enrol for an event or even
pay their membership fees online. The BCAS Lecture meetings held at the BCAS
Hall are now live streamed through its YouTube Channel and today the channel
has moved from 500 subscribers to 3058 as on 31st of May. This has been another
landmark change through which the Society has tried to reach out to various
locations. BCAS website and the BCAJ website both have been given a new look
which is more user friendly and easy to access, at the same time informative.

Finally,
we conclude this year by stating that BCAS is now much vocal, much known and
more approached by professionals. As the saying goes “Changes call for
innovation, and innovation leads to progress.” Thus, every year will have its
own story to tell. All we do is facilitate that change and make it more
glamorous so that all members benefit from it. Keep a look out for our Annual
Report for complete details.

Representation on FEMA provisions

Shri B. P. Kanungo,

Deputy Governor,

Reserve Bank of India,

Mumbai.

Dear Sir,

Sub: Representation on
FEMA provisions

We submit herewith a representation for some provisions under
FEMA which are causing difficulties and injustice for bonafide transactions.

We request for a personal meeting to explain  the matter.

Thanking you,

Yours faithfully,

 

Bombay
Chartered Accountants’ Society,             The
Chamber of Tax Consultants

Chetan
Shah                                                                              Hitesh
Shah                    

President                                                                                       President

 

Cc:
  Smt. Malvika Sinha, Executive  Director

        Shri Shekhar Bhatnagar, Chief
General  Manager-in-charge

        Shri
Jyoti Kumar  Pandey, Chief General  Manager

Representation under FEMA

Background for representation:

1.     FEMA objective and reintroducing
prosecution
– FEMA and the regulations were enacted in the year 2000. The
objective was to liberalise the law. The rules are provided and one has to
interpret and follow the same. Prosecution provisions were removed. In 2005,
Compounding rules were enacted “to provide comfort
to the citizens and corporate community by minimizing transaction costs
,
while taking severe view of wilful, malafide and fraudulent transactions.”

          However in 2015, prosecution has been
brought back in FEMA. Under sections 13(1A) and 37A, if an Indian resident is
found to have foreign assets in contravention of law, then based on mere
suspicion, equivalent Indian assets can be seized. Further there is
prosecution. Thus a civil law has become semi-criminal law. Under these provisions, even procedural violations
come within the semi-criminal scope.

2.       Change
in interpretation by RBI without change in law
– Another issue that we as
practitioners face is interpretation changes that occur when officials change.
This is often on account of the legal language used in the country. Over the
years however this is causing hardship to the people who have undertaken
bonafide transactions. And hardship is compounded when a view is changed all of
a sudden without a clear statutory document. One possible solution to this
problem is creating a library where interpretations of provisions are offered
at any level within the RBI.

          We appreciate that changing
circumstances can change policies and regulations. It is RBI’s
prerogative to change policies. However the
change
has to be prospective. We find that
today’s interpretations are being applied to past transactions.
This is
causing grave injustice to people.

          Further the change has to be spelt out
clearly in the law- especially if it restricts any facility. It cannot be just
a small phrase inserted somewhere in a regulation. The change in the policy has
to be made abundantly clear. We have given more details and illustrations
later.

3.       In our submission, if there is any
ambiguity in the law, the interpretation has to be in favour of the investor.
If at all RBI considers that compounding is required, then a token penalty
should be levied.

          Due to amendments in FEMA in 2015
wherein prosecution has been brought back, it is all the more necessary that a
liberal interpretation is taken by RBI.

4.     Another issue is absence of definition for
certain terms and different interpretations adopted. By way of illustration,
meaning of some of the common terms like “portfolio investment”,
“acquiring” etc, as interpreted by RBI are different from the
meanings ascribed as per Company Law. The accepted market convention is that if
a meaning is not specified, then normally the meaning under the law closest to
the term (e.g. Company Law) will apply.

5.       Our humble suggestion is that change in
interpretation of law without declaring the change in law – should be
minimised. This is of course a massive work. In
the meantime, past innocent transactions should not be considered as
violations.

          If at all these are procedural lapses,
only a token Compounding fee should be levied. Ideally a general amnesty should
be declared for procedural breaches not involving black money.

          For future transactions, abundant clarity
should be provided.

6.       We clarify that our representation is for
bonafide transactions. In a society there will always be some people who will
deliberately violate the law. We are not representing their matters. Let the
law take its course.

         However we submit that if some people
have violated the law, it cannot be a reason to have a blanket ban on everyone.

 Executive summary of the representations 

A.    Liberalised
Remittance Scheme (LRS):

1.       Investment in unlisted companies made
prior to 5th August 2013 should not be considered as a violation. The investor
should not be asked to unwind the investment and bring back the proceeds. At
the most, a token penalty may be levied.

2.       Holding funds in foreign bank accounts
which are remitted under LRS, should not be considered as a violation.

3.     Remittance made for any foreign asset like
Gold and loan should not be considered as a violation.

4.      There should be no restriction under
Current Account transactions as stated in clause (ix) of Schedule III.

5.      If a person has acquired any assets
outside India under LRS / ODI, he should be permitted to gift the same to
anyone.

B.    Principal(?)
issues:

6.     To route all applications and compliances
through the Authorised Dealer is not working out well. We suggest that one
should be able to file all applications or reports online. The AD should
provide his comments within a specified time limit. If AD does not respond, RBI
should consider the case on merits. Or if the matter is just compliance, it
should be accepted.

7.      In case of violations, RBI should not
insist on unwinding a transaction without considering other laws. Only if the
transaction is fundamentally not permitted (e.g. foreign investment in
agricultural activities), then unwinding may be directed.

8.       RBI prefers to meet the investor but not
the representatives. As a regulator, RBI should meet the bonafide
representatives based on authorisation if so desired.

C.    Real Estate
leasing:

9. A
clarification may be issued that investment in Real estate leasing business is
permitted. The meaning of real estate business can be same for Foreign
investment and overseas investment

Interaction of CTC Members with Tax Professionals at Mumbai

REPRESENTATION

15th March, 2017

Central Technical Committee
ITO (HQ)
Aayakar Bhavan
Mumbai.

Respected Sirs

Sub: Interaction of CTC Members with Tax Professionals at Mumbai

We write to you in continuation of our discussion on the 20th February 2017 at Mumbai. We take this opportunity to present a few suggestions with a request to consider the same. These suggestions, if accepted, will go a long way in reducing contentioustax issues.

We request you to consider these suggestions favourably. We will be happy to present ourselves for any explanation and clarification that may be required by you.  

Thanking you,

We remain,

Yours truly,
For Bombay Chartered Accountants’ Society,

Chetan Shah                                                       Ameet Patel    
President                                                             Chairman,
                                                                            Taxation Committee

1.     Applicability of Section 50C to transactions covered by Section 45(3):

    In a case where assesse transfers capital asset being land or building or both and the full value of consideration for such a transfer is lower than the stamp duty value of the asset so transferred, section 50C deems stamp duty value of the asset transferred to be the full value of consideration. Thus, for applicability of section 50C the consideration for transfer of land or building or both has to be compared with the stamp duty value thereof which necessarily presupposes existence of consideration. In the absence of consideration, section 50C will not be applicable.

    In a situation where an assessee introduces his capital asset into a firm or an association of persons where he is a partner or a member, Supreme Court has held that there is no consideration. It is said that in such cases consideration lies in the womb of the future – Sunil Siddharthbhai v.CIT [(1985) 156 ITR 509 (SC)]. It was to overcome the ratio of this decision that section 45(3) was introduced in the Act w.e.f. 1.4.1988. Section 45(3) deems the amount credited to the account of the partner / member to be the full value of consideration. Therefore, by a fiction created by section 45(3) the amount credited to the account of the partner / member who has introduced the asset is regarded as full value of consideration.

    A question arises as to whether in a case where an assessee introduces capital asset being land or building or both in a firm in which he is a partner and the amount credited to his capital account in the books of the firm is lower than the stamp duty value of the asset so introduced by him, are the provisions of section 50C applicable. It is submitted that for the following reasons, provisions of section 50C are not applicable to such a case –

i)     consideration for introducing the asset into the firm in which assesse is a partner lies in womb of the future and therefore the value credited to the account of the partner / member is not consideration for transfer but it is deemed to be full value of consideration for charging capital gains;

ii)     section 50C creates a fiction. Section 45(3) also creates a fiction. It is settled position in law that there cannot be a fiction on a fiction.

Suggestion:
 Appropriate clarification be issued by the CBDT clarifying that the provisions of section 50C are not applicable to cases covered by section 45(3).

2.     Section 115JB:

Tax on book profits was introduced because it was felt that many companies are making profits, declaring dividends but because of incentives under the provisions of the Act they are not paying any taxes. The intention of the provision is never to tax the same amount twice once under the normal provisions of the Act and once under the provisions of section 115JB. There are several instances where because of the timing difference between point when the profits are offered for taxation under the provisions of the Act and the time when they are recorded in the books of accounts, the charge of tax under the normal provisions of the Act arises in a year which is different from the year in which the transaction is recorded in the books of accounts. To illustrate, in view of the inclusive definition of ‘transfer’ as defined in section 2(47) of the Act, the charge to capital gain arises in the year in which possession is granted whereas the profit on sale is recorded in the books in the year in which conveyance is executed. There could be a gap of one or two years between the two events. This results in the assessee paying tax under the normal provisions in the year of handing over possession and in subsequent year the same profits form part of “book profits”. Another example could be of a person who is engaged in development and construction of housing projects and is following project completion method in his books of accounts but for taxation purposes, to avoid any controversy, is following percentage completion method. In such a case, also, the profits get taxed under the provisions of the Act first and then in a subsequent year, on completion of the project, the very same profits form part of “book profits”. Itis relevant to mention that the Andhra Pradesh High Court has in the case of CIT v. Nagarjuna Fertilisers & Chemicals Ltd. [52 taxmann.com 397 (AP)] held that MAT is restricted to income “incomes of relevant tax year” and incomes undisputedly pertaining to earlier tax year/s cannot be roped in for MAT; and that it is a cardinal principle of taxation that same income cannot be subjected to tax more than once in different years in absence of specific provisions and MAT provisions are no exception to this principle.

Suggestion:
Section 115JB should be suitably amended to provide for adjustment in cases where the profit included in “book profit” is to be charged to tax under the normal provisions in a different year i.e. a year other than theyear in which the profit is recorded in the books of account. The Act should incorporate what has been laid down by the Hon’ble Andhra Pradesh High Court in the case of CIT v. Nagarjuna Fertilisers & Chemicals Ltd. (supra).

3.     Non-Levy of Late Filing Fee u/s. 234E prior to 01-06-2015

The legislature has introduced section 234E vide Finance Act, 2012 to provide for fees for late filing of TDS return. The Hon’ble Bombay High Court in the case of Rashmikant Kundalia and Ors v. UOI & Ors. (2015) 54 Taxmann.com 200 (Bom) has upheld the constitutional validity of the section. As a matter of fact, the Hon’ble Apex court has admitted SLP against the decision of the Hon’ble Bombay High court.

Vide amendment made by the Finance Act, 2015, the Legislature amended the section 200A w.e.f. 01-06-2015 to enable the revenue to levy late filing fee u/s. 234E vide order passed u/s. 200A. By virtue of this amendment, a question arises as to whether the late filing fees prescribed u/s. 234E were legitimately levied for the period prior to 01.06.2015 or not. Various courts and tribunals have deliberated on this and have given consistent view that the levy of late filing fees u/s. 234E prior to 01.06.2015 vide intimation u/s. 200A was not permissible under the law. Attention in this regard is drawn to various decisions as under:-

Recently the Hon’ble Kerala High Court in the case of Fateraj Singhvi v. UOI73 taxmann.com 252 (Kar) has held that section 200A is not retrospective and has only prospective application from 01-06-2015. The Hon’ble High Court observed that the mechanism provided for computation of fee and failure for payment of fee under section 200A which has been brought about with effect from 1-6-2015 cannot be said as only by way of a regulatory mode or a regulatory mechanism but it can rather be termed as conferring substantive power upon the authority. Thus, amendment made under section 200A has prospective effect, hence, no computation of fee for demand or intimation for fee under section 234E could be made for TDS deducted for respective assessment year prior to 1-6-2015.

The Hon’ble Amritsar Bench of ITAT in the case of Sibia Healthcare Pvt Ltd. v. DCIT (TDS)63 taxmann.com 333 has held that the revenue was not competent to levy fee u/s. 234E prior to 01-06-2015 by passing an order u/s.200A.

The Hon’ble Mumbai ITAT in the case of Kash Realtors Pvt Ltd v. ITO [2016-TIOL-1842-ITAT-MUM] and the Chennai ITAT in the case of G. Indhirani v. DCIT (60 taxmann.com 312) have also affirmed that prior to 01.06.15, fees u/s 234E of the Act could be levied in intimation u/s 200A of the Act in respect of defaults in furnishing TDS statements.

Now, the situation that has arisen by the act of levying such late filing fees in the intimation issued u/s. 200A for the respective years prior to 01.06.2015 needs rectification u/s. 154 as the same is a mistake apparent from record for the very fact that during that period, there was no enabling provision to levy such late filing fees. Attention in this regard is also invited to the judgment in the case of Gajanan Constructions and others v. DCIT, CPC (TDS) – Pune ITAT -(1292 & 1293/PN/2015).

Accordingly, the late fee levied needs to be deleted suo-moto by rectifying the intimation/ order passed u/s. 200A of the Act. The above position though seems to be simple and clear has various complex practical issues and what seems to be a fairly straight path is full of bumpers, speed breakers and hurdles. The first among them being the recent shift in rectification mechanism. Practically, the concerned Income Tax Officer (TDS) have informed that they do not have any power of rectification and the powers of rectification have been conferred with the CPC (TDS).

The rectification enabled by CPC (TDS) has limited options of rectification available to the deductor. The mechanism does not allow the deductor to apply for rectification in this peculiar circumstance.

Practically, neither the Income Tax Officer (TDS) is empowered nor the systems at CPC (TDS) are enabled to allow processing of rectification application of such kind.

Accordingly, this leads to uncertainty in the mind of the deductor and has no other option but to drag his case into unnecessary litigation adding to his cost and grievance.

Suggestion:
The CBDT should enable the Income Tax Officer and/or system at CPC (TDS) to resolve this issue and delete all the demands raised u/s. 234E for the years prior to 01-06-2015 at its own motion.

4.     Disallowance u/s. Section 40A(3) in case of unaccounted transactions:-

Where the assessee incurs any expenditure in respect of which a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheque / bank draft exceeds Rs. 20,000/-, no deduction of such expenditure is allowed u/s. 40A(3) of the Act. (Now proposed to be in excess of Rs. 10,000/-).

The said section is quite unambiguous and simple in terms of language but what acquires significance is its implementation in a peculiar circumstance where books of accounts are not prepared and incriminating loose papers in the form of noting, etc. about unaccounted sale / purchase transactions are found in the course of search and seizure action.

For example, in a situation where certain loose sheets / documents containing a noting of unaccounted sale transactions are found and seized in the course of search, the Assessing Officer has the detail of unaccounted sales and under the provisions of Act, he is required to make a proper and just estimate of income earned by the assessee on such unaccounted sales by bringing on record material in the form of comparables in support of his estimate of profit earned by the assessee. In other words, in such a situation, the Act, under the provisions of section 2(24) r.w.s. 5, mandates the Assessing Officer to correctly assess the income earned by the assessee.

However, currently, divergent and extravagant views have been taken by few of the Assessing Officers. It has been seen in such situations that the Assessing Officers have taxed the entire unaccounted sales by disallowing the unaccounted purchases under the guise of section 40A(3). This results in taxing the entire unaccounted sales which is not “income” as defined u/s. 2(24) of the Act. An Assessing Officer is allowed to tax only the element of income and not the total turnover by applying the provision of section 40(A)(3) of the Act which actually results in absurdity and is unlawful. The Hon’ble Apex Court in CIT v. Shoorji Vallabhdas & Co. [1962] 46 ITR 144 (SC) has held that income tax is a tax only on income. The real income theory has not only been accepted but in fact propounded by the Hon’ble Apex courts as well as various High Courts time and again. The Assessing Officer to protect itself from these embarrassments tries to disallow purchases u/s. 40A(3) of the Act. It is significant to note that though the purchase is stated to be disallowed u/s. 40A(3), the resultant addition amounts to taxation of the entire sale proceeds thereby grossly disregarding the settled law laid down by the Hon’ble Apex Court. Therefore, such an action of the Assessing Officer is completely against the spirit of the law laid down by the Apex Court.

Further, the following ingredients to invoke provision of section 40A(3) of the Act needs to be met cumulatively:-
– Payment of expenditure is made in cash
– Payment exceeds Rs. 20,000/- (Now proposed Rs. 10,000/-)
– Payment is made to a person in a day

Thus, the burden of proof to prove the existence of cumulative ingredients as per section 40A(3) lies heavily on the Assessing Officer and if the same is not evident from the loose sheets, there does not arise any question of making disallowance under the said section unless the onus is appropriately discharged by the Assessing Officer.

It is true that section 40A(3) does not make any distinction between the transactions recorded in the books of accounts or not recorded in the books of accounts. However, it is also true that if no books of accounts are maintained as per the provisions of section 145 of the Act, the Assessing Officer is duty bound to make the best judgment assessment u/s. 144 of the Act which requires him to take into account all relevant material which he has gathered to determine the amount of income earned. Hence, in a given situation, a significant question arises as to whether any expense can be disallowed when the books of accounts have not been maintained and income is to be estimated on the basis of incriminating material found in the course of search. In fact, when the income is to be estimated, then there cannot be any locus standi of a specific claim of expenditure made. The question is simple and clearly answered in unanimity by various Hon’ble High Courts that no disallowance u/s 40A(3) is warranted when income is estimated – [Indwell Constructions v. CIT (1998) 232 ITR 776 (AP); CIT v. Purshottamlal Tamrakar (270 ITR 3140) (MP); CIT v. Banwarilal Banshidhar (1998) 148 CTR 533 (All.)]. Accordingly, once the Assessing Officer estimates income, he is debarred from making disallowance under the normal provisions of the Act. The Kerala High Court in the case of CIT v. PD Abrahm (2012) 252 CTR 407 has held that unaccounted expenditure can be set off against unaccounted income which again supports the real income theory.

There also prevails a decision of the Hon’ble Gujarat High Court in the case of Hynoup Food and Oil Industries reported at 290 ITR 702 which has taken acontrary view against the assessee. However, considering the various divergent views of the courts, the Hon’ble Pune ITAT in the case of Shri Narendra Mithailal Agrawal (ITA no. 811 & 808/ PN/2010) has followed the decision of the Hon’ble Supreme Court in the case of CIT v. Vegetable Products Ltd (1973) 88 ITR 192 (SC) and has rendered the verdict in favour of the assessee.

In entirety, the above position though appears amply clear as to no disallowance of expenses can be made on estimation of income, it does not seem to be digestible to the departmental officers and therefore the assessee is made to pass through the long-drawn process of litigation.

Suggestion:
It is advisable that the CBDT makes necessary amendment in Rule 6DD to include the situations of unaccounted transactions as exceptional circumstance so that no disallowance u/s. 40A(3) of the Act is made when in such situations, the Assessing Officer is required to estimate income on his best judgment after taking into account the relevant material gathered in his possession and thereby avoid gross injustice of bringing to tax the entire sale proceeds.

5.     Difficulty in availing credit of Tax deducted at source for assesses following cash system of accounting

Assesse following cash system of accounting record income on receipt basis i.e as and when the amount is received by him. The payer however deducts tax as and when provision is made in the books for amount payable. TDS therefore appears in Form 26AS of the year in which the payer makes the provision. The assessee claims credit for tax in the year in which he actually receives the amount. Since the TDS credit does not appear in Form 26AS of the year in which the assesse has offered the income to tax based on cash system of accounting, credit is not granted to him, though the income from which tax is deducted is duly offered for tax in the relevant year. TDS credit is not granted to the assesse in the year in which it appears in 26AS because the income from which the said tax is deducted is not offered for tax in that year.

Due to the mismatch in the year in which TDS credit appears and 26AS and the year in which income is offered for tax, the assesse does not get credit for TDS in either of the years and often has loose the claim forever.

The issue is very relevant for professional like lawyers, chartered accountants, architects, who record income on cash basis.
In such cases, the concerned tax payers have no recourse but to make repeated requests to the CPC for rectification. Thereafter, the case gets transferred to the field officers. The assessee has to then make fresh application to the field officer and it requires herculean efforts to finally get an order of rectification passed.

Suggestion:
There has to be proper mechanism for granting credit of TDS where income has been offered for tax on cash basis of accounting.

6. Payment made to non-residents, who do not have PAN

Section 206AA requires deduction of tax at source @ 20% if the payee does not have a PAN. Notification dated June 24, 2016 was issued to state that on submission of specific documents by a non-resident provisions of section 206AA would not apply and tax can be deducted as per the rate applicable under the Act or as per the applicable DTAA. Form 27EQ available on NSDL website does not have any provision/field to enter details of such alternative documents received due to which, tax is deducted at lower rate and not at 20%. In the absence of such mechanism, demand is raised for short deduction of tax while processing the TDS statement filed.

Suggestion:
Form 27EQ needs to be amended to capture the simplification as stated in the notification.

7.    Applicability of Sec.43B to both employee and employer contributions. No disallowance u/s 36(1)(va) if paid before due date of filing return of income.

Sections 36(1)(va) of the Act provides that deduction in respect of any sum received by the taxpayers as contribution from his employees towards any welfare fund of such employees is allowed only if such sum is credited by the taxpayer to the employee’s account in the relevant fund on or before the due date under the relevant Statute. The issue arises as to whether due date for payment of employees contribution to staff welfare fund viz. ESIC / PF under section 36(1)(va) is same as contemplated under section 43B.

The following court rulings have been passed in favour of taxpayer wherein it is held that Sec.43B is applicable to both employee and employer contributions – see CIT v. Kichha Sugar Co. Ltd. [2013] 216 Taxman 90 (Uttarakhand), CIT v. Hemla Embroidery Mills (P.) Ltd. [2013] 217 Taxman 207 (Punj. &Har.), Spectrum Consultants India Pvt Ltd v. CIT [2013] 215 Taxman 597 (Kar.), CIT v. AIMIL Ltd. [2010] 188 Taxman 265 (Delhi) , CIT v. State Bank of Bikaner & Jaipur [2014] 225 Taxman 6 (Raj.) , CIT v. Jaipur Vidyut Vitran Nigam Ltd. [2015] 228 Taxman 214 (Raj.) CIT v. Magus Customers Dialog (P.) Ltd. [2015] 231 Taxman 379 (Kar.), Sagun Foundry (P.) Ltd v. CIT [2017] 78 Taxmann 47 (Allahabad).

However, the Assessing Officer are making disallowance u/s 36(1)(va) read with Sec.2(24)(x) even if the contribution received from the employees is deposited before the due date for filing the Income Tax Return.

Suggestion:
The CBDT should come out with circular to clarify the settled position that “due date” for payment of employees contribution to staff welfare fund viz. ESIC / PF under section 36(1)(va) is same as contemplated under section 43B i.e due date for filing the return of income.

Deactivation of Duplicate PAN Cards

REPRESENTATION

14th March, 2017

The Chairman,
Central Board of Direct Taxes
Government of India
North Block
New Delhi – 110 001.

Dear Sir,

Sub: Deactivation of Duplicate PAN Cards

Recently, the CBDT has begun the initiative of deactivation of duplicate PAN issued to tax payers. We wholeheartedly welcome this move to clean up the system and avoid misuse by certain unscrupulous persons. At the same time, we would like to bring to your kind attention genuine problems faced by several tax payers because of this initiative.

It has been noted that often a tax payer is not even aware that he/she has been allotted two different PANs. In many such cases, the tax payer has, for the past several years, been using only one of the two PANs allotted to him. However, because of the fact that such a person has more than one PAN allotted to him/her, the income-tax department, following its new initiative, suo motu cancels one of the PANs. In this regard, no prior intimation is given to the concerned tax payer.

Some of our members have brought to our notice that in some cases, it has so happened that the PAN that was regularly being used by the tax payer for many years has been deactivated.

As a result of deactivation of the regularly used PAN which would be linked to the bank accounts and other agencies, such tax payers are interalia not able to pay advance tax, access Income Tax e-filing portals or file Income tax returns.

Such persons whose active PAN is deactivated have to follow up continuously with the income-tax department for reactivation of the PAN. This is causing a lot of unnecessary inconvenience to the tax payers. It appears that in some cases, more than a month has passed since the tax payer has made an application for reactivation of the PAN but no action has been taken.

On behalf of the tax paying community, we appeal to you to look into the past history about usage of the PAN before deactivating the PAN and also to give the concerned tax payer an intimation about two PANs being allotted to him and a prior notice before deactivating one of the PAN allotted to him. Also, after a PAN is deactivated, the concerned person must be intimated by the income-tax department about the deactivation. Also, if the PAN has been in regular use, then the tax payer must be given an opportunity of being heard in the matter before any action is taken.

Since the current financial year is drawing to an end very soon, we humbly request your good self to take immediate action in the matter so that genuine tax payers do not suffer.

Thanking you,
Yours sincerely,

For Bombay Chartered Accountants’ Society,

Chetan Shah                                                           Ameet N. Patel    
President                                                                 Chairman, Taxation Committee

POST-BUDGET MEMORANDUM ON DIRECT TAX LAWS 2017-18

THE FINANCE BILL – 2017


1.    Clause 6 – Sec 10(38) – genuine cases should be protected

We welcome the government’s resolve to prevent the misuse of the exemptions provided in section 10. The misuse of section 10(38) by unscrupulous investors and market operators who work hand in glove to bypass the law and evade taxes has got to be stopped. The proposed amendment in section 10(38) is therefore, in principle, required.

However, as rightly pointed out in the Explanatory Memorandum, there is a need to protect the genuine investors who could have acquired shares without paying STT. In particular, the following types of acquisitions will not involve payment of STT:

1.    Shares issued to employees under ESOP schemes.
2.    Transfer amongst current and former employees of shares vested from a former ESOP scheme.
3.    Investments made/shares acquired by regulated entities such as SEBI registered Alternate Investment Funds, Domestic Venture Capital Funds, and Foreign Venture Capital Investors; And also investments (of fresh issuances) of Mutual Funds, FPI Category I, II, III, or transactions in regulated entities, such as insurance companies,
banks, etc.
4.    Issue of fresh shares to promoters, post 1st October, 2004 / issue of equity shares in a preferential issue under the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009.
5.    Inter-se transfer of equity shares within the promoter group.
6.    Transactions which are specifically excluded from the definition of transfer by section 47 of the Income-tax Act, which include inheritance, conversions, etc.
7.    Corporate restructuring approved by a Court/NCLT – e.g. mergers, demergers etc.
8.    Issue of equity shares under the Qualified Institutions Placement (‘QIP’) route under the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009.
9.    Equity shares received pursuant to split or consolidation of shares of a listed company.
10.    Equity shares of a listed company issued pursuant to slump sale of business to such listed company.
11.    Equity shares of a listed company acquired off-market pursuant to an approval obtained from the Indian regulatory authorities.
12.    Equity shares acquired pursuant to a group restructuring scheme.
13.    Equity shares acquired by a subsidiary company from its parent and vice versa.
14.    Equity shares issued by private limited company which is subsequently listed on stock exchange.

Further, even if STT has actually been paid at the time of acquisition of shares, practically, it would be very difficult for a shareholder to prove this. When shares are sold several years after the date of acquisition, the shareholder would have difficulty in tracing the documents evidencing the acquisition.

Suggestions:

Care must be taken to ensure that the various types of acquisitions listed above are notified for being excluded from the rigours of the amendment proposed in section 10(38).

Where the holding period of the shares exceeds 36 months, the proposed amendment should not be made applicable. In such cases, the requirement of proving that STT was paid at the time of acquisition of the shares should be removed.

2.    Clause 9(ii): Section 12A(1)(ab) –

The time limit of 30 days provided in the new clause proposed to be inserted is too short. Many NGOs are run by volunteers. It is unfair to cast such an onerous responsibility on them. For example, where the amendment to the trust deed is sanctioned by a Court etc., it may take time to get copies of the court order. 30 days’ period is impractical and merely onerous.

Suggestion:

Instead of 30 days, the time limit should be 6 months.
 
3.    Clause 9(ii): Section 12A(1)(ba) –

The condition of filing the return of income within the time specified in section 139(4A) is too harsh and unfair. There could be several genuine reasons for a charitable trust not being able to file its return in time.

Suggestion:

We therefore urge that this clause be withdrawn.
In the alternative, we suggest that there should be an enabling provision to condone the delay in case a reasonable cause is provided by the concerned trust.

4.    Clause 15 – Section 40A(3)

Not only in this clause, but in various other clauses (Clauses 11, 13, 16, 21, 83), there is reference to payment by “account payee cheque, account payee bank draft or use of electronic clearing system through a bank account”.

Today’s fast changing technology provides several other modes of transferring money or making payments such as digital wallets, credit cards etc.

Since the government’s intention is to curb the use of cash and promote modes of payment which can be traced, it is imperative that any mode other than cash should be encouraged. It has been noticed that post the demonetisation drive, large number of people have started using digital wallets and credit cards for making payments. It is therefore necessary to bring these modes also within the list of acceptable modes of transacting.

Suggestion:
At all places where the words “account payee cheque or an account payee bank draft or use of electronic clearing system through a bank account” have been used, the following words may be added at the end – “or use of such electronic mode of payment as may be notified from time to time”. This will enable the government to notify new modes of electronic transfers that may be conceptualized at a future date.

5.    Clause 22 – Section 45(5A)

In principle, we welcome the amendment as it will bring clarity to the contentious issue of taxation of gains arising in case of Joint Development Agreements and will reduce litigation. However, there are certain anomalies in the proposals which, if removed, will make the amendment more meaningful and will cover more tax payers.

Suggestions:
a)    Presently, JDAs between societies and Developers are not covered as the new section refers only to ‘Individual or HUF.

    We therefore suggest that the words “, being an individual or a Hindu undivided family,” in the Line No. 19 of Clause 22 be deleted.
b)    Presently, in the Explanation to the proposed sub section (5A), the definition of “specified agreement” refers to a registered agreement in which a person owning land or building or both. This is likely to cause unintended litigation and disputes.

We therefore suggest that the word “owning” in the Line No. 35 of Clause 22 be replaced with “holding”.

c)    Presently, Section 45(2) lays down the taxation of gains arising on conversion of a capital asset into stock in trade of a business carried on by the assessee. This provision has stood the test of time and has been well accepted by the tax payers as well as the tax department.

    We therefore suggest that the proposed sub section (5A) be worded on similar lines as sub section (2) of section 45 so that there is consistency and clarity about the taxation of such transactions.

6.    Clause 26 – Section 50CA

The proposed section will result in double taxation of the same amount in the in the hands of the payer and the receiver. Also, it is likely to create unending litigation on account of the vague and complicated definition contained in the Explanation.

Suggestion:
We therefore urge that this clause be withdrawn.

In the alternative, it is also submitted that the term ‘quoted share’ used in proposed section 50CA is defined as follows:

‘Quoted share’ means the share quoted on any recognised stock exchange with regularity from time to time, where the quotation of such share is based on current transaction made in the ordinary course of business.’

This definition is likely to create ambiguity and result in unintended litigation. The term “regularity” is highly subjective and could be with reference to the volume of transactions on the stock exchange or it could be with reference to a particular time period.    

Similarly, the term “shares” is not defined. Therefore, disputes could arise as to whether preference shares are also covered by this provision.

The definition of “quoted share” may be amended as under

‘Quoted share’ means the equity share quoted on any recognised stock exchange and traded on not less than such number of days during the period of 12 months preceding the date of transfer as may be notified, where the quotation of such share is based on current transaction made in the ordinary course of business.’

It is also suggested that this section should be made applicable to shares of a company in which the public is not substantially interested.
 
7.    Clause 29 – Section 56(2)(x)

    The existing sections 56(2)(vii) and 56(2)(vii a) are being replaced  by section 56(2)(x).  The proposed section 56(2)(x) will have far reaching consequences. In brief, the proposal is to tax any “Person” who receives any gift in cash or kind from any other person or persons. Existing Section 56(2)(vii) only refers to gifts received by an Individual or HUF. Further, section 56(2)(viia) referred to shares received by a firm or company. By use of the word “Person” it will mean that the new section will apply to gifts received by all assessees (i.e. company, firm, LLP, Individual, HUF, AOP, BOI etc.)
    The effect of this new provision will be that any amount received by following persons without consideration or for inadequate consideration will be taxable as income from other sources.

(i)    Any amount settled in a private trust or any gift received by such a trust.

(ii)    Any subsidy received from the Government by any company (including a public sector company) or other person.

(iii)    Any bonus shares received by a shareholder from a company.

(iv)    Any right shares issued to a shareholder by a company at a price below its fair market value.

(v)    In the case of Buy Back of shares by a company if the shares are purchased at a price below the fair market value.

(vi)    If a company, including a listed company or a firm, receives shares of a listed company without consideration or at a consideration below fair market value.  (This was not taxable under section 56(2)(vii a) so far).    

This suggested amendment will extinguish the entire concept of formation of private trusts in our country. At present, there is no clarity whether the status of a trust is to be determined with reference to the status of the beneficiaries or with reference to the status of the trustees. There are contradictory judicial pronouncements. In some cases the status of the trust is determined with reference to the status of beneficiaries. In other cases the trust is treated as an AOP or BOI. By use of the word “Person” in the proposed section 56(2)(x), the gift to a  private trust will be treated as  gift to a “person”. It is, therefore, suggested that this amendment be dropped.  In the alternative, it may be provided in the Section 56(2)(x) that this section shall not apply to a trust which receives any property with a specific direction that it forms part of the corpus of the trust.

Suggestion:
We therefore suggest that the existing provisions be continued and the proposed amendment be dropped.

8.    Clause 31 – Section 71(3A) – Restriction of set off of loss from House Property

This proposal to restrict the set off of loss under the head “Income from House Property” to Rs. 2,00,000 per year will affect thousands of tax payers who have availed of loans in the past based on the law as it stood then. This will also adversely impact the real estate sector which is already reeling under a lot of pressure because of lack of liquidity and reduced offtake of new properties lying unsold.

Suggestions:
We therefore urge that this clause be withdrawn.
In the alternative, the amendment should apply to loss arising on account of interest on loans taken after 31st March, 2017.

9.    Clause 32 – Section 79(b) r.w.Section 80(IAC):

a)    The definition of eligible start up in 80(IAC) (4) Explanation (ii) requires that the total turnover of the business should not exceed Rs. 25 crore from 1-4-16 to 31-3-21. Clarification is required regarding turnover exceeding Rs. 25 crore in any of the previous years as any increase in a later year should not disentitle the assessee for the deduction in any earlier year.

The section as it is presently worded results in ambiguity in situations when, at a later date, the turnover of the eligible start up increases and crosses Rs. 25 crore. At that stage, the company would become ineligible for the deduction under section 80IAC. However, there are doubts about the deduction already claimed in the earlier years. Because of the ambiguity, there are chances that assessments of past years may be reopened to disallow the deduction
already claimed.

Suggestion:
It cannot be the intention of the government to penalize a start up as against a company which is not a start up. As per the language of the proposed new section 79(2), a start up will never be able to carry forward any losses incurred after the period of 7 years from the date of incorporation, irrespective of whether any change of shareholding has taken place or not.  Further, as a company should not be discouraged from expanding its business and increasing its turnover, the section should clearly spell out that in the event that the turnover crosses Rs. 25 crore, the start up would cease to be a start up and thus cease to be eligible for the exemption from loss of set off of losses only from subsequent years, but for the earlier years, the set off already claimed as per law would not be affected.

10.    Clause 42 – Section 92CE – Secondary Adjustments

The proposed section is not in accordance with international best practice. Hardly any other country has such a practice. Further, the Companies Act, 2013 also does not have explicit provisions relating to ‘adjustments’ in the
books of accounts of the assessee. In any case, Non-discrimination Article in the DTAAs could be invoked by the non-resident entities.

On another front, reciprocal secondary adjustments by the other countries may not be beneficial for India and would hurt the Government’s initiative of enhancing ease of doing business in India.
 
Suggestions:
We therefore urge that this amendment be withdrawn.
In the alternative, we suggest that the Secondary Adjustment should not apply to resident companies covered under Domestic Transfer Pricing regulations and it should be restricted to only international transactions.

11.    Clause 43 – Section 94B – Thin Capitalisation:

We strongly believe that this amendment is not conducive for better investment environment and is counter productive to the excellent initiatives of the government in the form of “Make in India”, “Start up India” etc.

Suggestions:
We therefore urge that this amendment be withdrawn.

In the alternative, we suggest as under:
a)    The provision should not apply to loss making companies;
b)    Instead of simply restricting deduction on account of interest to 30% of EBIDTA, appropriate debt equity ratio should be prescribed as per international practices;
c)    The terms ‘Implicit or’ in 1st proviso to section 94B(1) should be deleted to avoid litigation.

12.    Clause 50 – Sections 132(1) & 132(9B)

A.    132(1) Explanation after 4th proviso and 132(1A) new Explanation – non-disclosure of reason to believe / reason to suspect

    This amendment is not in line with the government’s thrust on providing transparency in governance in the country. Non-disclosure of reasons is not a good practice and will give rise to unfettered powers in the hands of the tax officers. It will once again lead to a regime of tax terrorism which the present government has studiously tried to curb. Non-disclosure of reason to believe / reason to suspect, to any person or authority or the appellate tribunal would only compel assessees to seek relief or remedy from the High Courts which in turn would lead to an increase in backlogs in the Courts. Lastly, these two amendments are proposed on a retrospective basis with effect from 1st April, 1962 and 1st October, 1975 respectively. It has been a stated intention of the government to not bring in any retrospective amendments and therefore the proposed amendment is contrary to the said intention and once gain gives rise to uncertainty in tax laws.

Suggestion:
We therefore urge that this clause be withdrawn

B.    132 (9B) – Provisional Attachment

This provision is likely to be misused and would cause harassment to tax payers. It would also lead to protracted litigation.

Suggestion:
We therefore urge that this clause be withdrawn

13.    Clause 58(i): Section 153(1):

Suggestion:
This amendment may be supplemented by simultaneously reducing the time limit for issuing notice for selection of cases for scrutiny as provided in the Proviso to section 143(2).

14.    Clause 63 – Section 194(IB)

We welcome this move to curb tax evasion and misuse of certain exemption sections by unscrupulous persons. However, the section as it is presently worded will cover thousands of people who may not even be paying any income-tax because their total income is below the threshold limit. Similarly, there will be thousands of tax payers in the income slab of Rs. 2,50,000 to Rs. 5,00,000 who may be impacted by this section. Practically, it would be very difficult for such persons to comply with the TDS provisions.

Suggestion:
The section should not be made applicable to those persons whose total income does not exceed Rs. 5,00,000 in the preceding financial year.

15.    Clause 75 – Section 234F

U/s 239(2)(c), a return claiming refund can be filed within one year of the end of the assessment year. As per the proposed section 234F, even such cases would be covered and would be liable to the proposed fee. This would unnecessarily cause such persons to pay a fee even though the Revenue is not adversely affected by the late filing of the return.

Suggestion:
No fee should be charged from a person who files the return of income beyond the normal time limit and in whose case, a refund is due as per the return filed.

16.    Clause 83 – Section 269ST

269ST(a) begins with ‘ No person shall receive an amount ….’
The word amount will include not only sum of money but any transfer for any value’. This is unintended and should be amended to clearly apply only to cash transactions. In fact, Memorandum brings out the intention.
Suggestion:
The word “amount” in line no. 39 in Clause 83 should be replaced with “sum of money”.
 
17.    Clause 86 – Section 271J:

It is widely felt that this provision could be subjected to widespread misuse and would result in harassment of honest and genuine professionals. Also, in any case, there is no provision for preferring an appeal to the ITAT in respect of orders passed by the CIT.

Suggestions:
We therefore urge that this section be withdrawn.

In the alternative, we suggest that the right of appeal to the ITAT be given to the affected person by way of a suitable amendment in section 253. Also, in order to provide a prospective impact of the section, an amendment should be made in the section to the effect that the section would apply to the certificates / reports issued on or after 1st April, 2017.

18.    Schedule 1 – Part III: The lower rate of tax has been made applicable in case of smaller domestic companies whose turnover for F.Y. 2015-16 did not exceed Rs. 50 crore. This is a welcome amendment.

However, inadvertently, companies which are incorporated after 31st March, 2016 will not be entitled to the benefit of this concessional tax rate. Since the requirement of the turnover being less than Rs. 50 crore for F.Y. 2015-16 does not prohibit such an eligible company from continuing to pay tax in a later year even if its turnover crosses Rs. 50 crore, it is obvious that ultimately, the government intends to cover all companies at a later date for the reduced corporate tax rate of 25%. This was also the stated intention as per the speech made by the Honorable Finance Minister in July 2014 immediately after the present government was voted to power. That being the case, the companies incorporated after 31st March, 2016 should not be excluded from the scope of this amendment.

Suggestion:
The reduced rate of 25% should be made applicable to all companies incorporated on or after 1st April, 2016.

REPRESENTATION – THE FINANCE BILL – 2017

REPRESENTATION

8th March, 2017

Mr. Arun Jaitley
Hon. Minister of Finance
Government of India
North Block
New Delhi – 110 001.

Respected Sir,

THE FINANCE BILL – 2017

We compliment you for the focused and non populist Budget that was presented on 1st February. The idea of combining the Rail Budget and the Finance Budget is also a welcome one.

We also wholeheartedly support the various initiatives taken by the government in expanding the formal economy and reducing the use of cash in the daily transactions that the people of India enter into.

The Housing-for-all is truly a one of its kind social project in the world. Nobody has attempted a project of this scale in such a short time. And the budget proposals for Affordable Housing are in the right direction towards this project. We appreciate the deep thought but simple provisions to incentivize the private sector to put their might behind this project. We feel the proposals, be it the Industry status, tax holidays or interest subvention, are adequate and will attract a lot of serious players in the Affordable Housing sector.

Many of the provisions like three moving up the indexation base year, reducing the holding period for long term capital gains, deferring the incidence of tax in JDA etc will additionally achieve the task of bringing more land supply for development.

We take this opportunity to make certain suggestions for rationalization of law, rectification of certain anomalies in the proposed amendments as also clarifying certain ambiguities so that the amendments meet the intended objectives of the government.

We would be happy to personally explain the suggestions if we are presented with an opportunity to do so.

For Bombay Chartered Accountants’ Society,

Chetan Shah                                                              Ameet N. Patel    
President                                                                   Chairman, Taxation Committee
CC:
–    Shri Santosh Kumar Gangwar, Minister of State for Finance
–   Shri Arjun Ram Meghwal, Minister of State for Finance
–   The Finance Secretary
–   Dr. Hasmukh Adhia, The Revenue Secretary, Ministry of Finance
–   The Chairman, Central Board of Direct Taxes
–   Joint Secretary, TPL-I
–   Director, TPL-I
–   Director, TPL-II

BCAS In 2016-17. Part – 1

You have been in touch with the Society during the entire year, learning and sharing knowledge through its various media. We would like to give you a glimpse of what has gone by in a capsule format. In the coming 3 months’ issues, including this issue we will be updating you with the happenings during the year April 2016 to March 2017.

This month let us summarise the enriching learning experience at BCAS through Lecture Meetings, Workshops and Seminars.

In the May Issue, we will cover various activities pertaining to Students and the Representations made by the Society.

Lastly in June we will cover knowledge sharing through our publications and various other activities held at the Society.

This year the Society has conducted 26 Lecture Meetings, 31 Seminars and Workshops including the Residential Refresher Courses and 19 Joint Programs with various organisations.

Lecture Meetings: During the year, besides the various routine meetings on filing of income tax returns, implications of changes in the accounting standards or aspects of international taxation, the Society conducted lecture meetings like “Business Reorganisation and Restructuring” by CA. Pinakin Desai, “Cyber Crime, Cyber Security and Cyber Laws” by CA. Sachin Patil, (IPS), DCP, Mumbai Police and “Crude Diplomacy & Global Economy” by Mr. Kushal Thaker. These lecture meetings though significant for the profession covered a broad avenue of various areas where Chartered Accountants do not generally venture independently. These lectures received an overwhelming response.
With GST round the corner, how can BCAS not touch upon the GST aspects ? The Society had one lecture meeting by CA. Bhavna Doshi on GST and another session post the Budget by Advocate Vikram Nankani touching upon the various issues pertaining to GST in the coming months. Both these lecture meetings had Q&A from participants and an overall interactive participation.

A new concept of “Expert Chat @ BCAS” commenced this year in August 2016. The concept of Chat with an expert is appreciated drawing more and more attendance and viewership. The first one was “Winning Global Marketplace” where Mr. Lee Frederiksen, Ph.D. was in a fireside chat with Mr. Nishith Desai. This was followed by various others including “Is BEPS answer to Tax Planning?” Where CA. Rashmin Sanghvi was in fireside chat with CA. Sushil Lakhani. The Society also covered the Demonetisation which was the talk of the nation in November via an Experts Chat @ BCAS -“Issues and Impact of Demonetisation” where experts like Ms. Sucheta Dalal a journalist, and Mr. Dharmakirti Joshi an Economist from CRISIL were in a fireside chat with CA. Ameet Patel. All chat sessions received an overwhelming response. Another aspect of Expert Chat was covered by Mr. Jalaj Dani of Asian Paints on “Effective Professionalization of Family Managed Business – Opportunities & Challenges”. The chat was moderated by CA. Shariq Contractor. BCAS recently tied up with the Institute of Internal Auditors (IIA) -Mumbai Chapter for conducting various joint events. This commenced with a session by Mr. Richard Chamber IIA President and CEO who was in a chat with Ms. Nandita Parekh at the Experts Chat @ BCAS Session on “Internal Audit 2017: Global Trends and Outlook”.

BCAS has been hosting its videos of lecture meetings on its YouTube Channel. Since August, it has also been live streaming its Lecture Meetings held at BCAS Hall at Jolly Bhavan office. This has benefitted many professionals across the country. Our YouTube Subscriber base has increased from 500 subscribers last year to more than 2,500 today.

 Here are a few statistics:
 
In terms of watch time, the viewership has increased by 176% over the last year.

 

While so many new things are happening around lecture meetings, the age-old tradition of the Society is not missed with its Budget Lecture meetings. Senior Advocate Shri S E Dastur continued to enthral the audience with his lucid style of presenting the speech on the “Direct Tax Provisions of the Finance Bill 2017”. The hall was packed with 3,000 people at the venue and over 15,000 watching live from various parts of the country.

Seminar & Workshops (including Residential Refresher Courses): If you have been a regular reader of the BCAJ you must definitely have glimpsed through the Golden Jubilee Residential Refresher course (RRC) held at Jaipur in the February Issue. This was the 50th year of the RRC’s being organised by the Society and the celebration was a grand one witha blend of knowledge and enjoyment. The Golden Jubilee RRC had an overwhelming response of 275 participants from all across the country. The 20th International Tax Conference was held at an international location, Sri Lanka in August where the Sri Lankan Finance Minister Ravi Karunanayake was invited as chief guest. The conference had again very elaborative technical coverage with speakers like CA. Pinakin Desai, CA. Padamchand Khincha & CA. T. P. Ostwal. Besides this local speakers namely Shri Suresh R. I. Perera and Shri Shiluka Goonewardane talked about the Taxation in Sri Lanka and the Investments in Sri Lanka respectively.

The 7th Residential Study Course on IndAS was held at Silvassa in February 2017 where the various issues relating to IndAS- 109, aspects on ICDS vs. IndAS, Case Studies on Revenue Recognition under IndAS – impact on different sectors, Case Studies on Consolidation and Business Combinations, Case Studies on Real Estate/Infrastructure Companies and Accounting Standards for Non-IndAS were covered.

Besides these the 2nd Batch of Mentoring Miracle kick started in January with a large number of mentees enrolling for the same. Technology being the forefront in todays’ economy BCAS conducted a two day seminar on “Advanced Excel” in November and a “Workshop on Audit In IT Empowered World – Techniques For Effectiveness & Efficiency” in March. Both received tremendous response and had in store great learnings on the various techniques used in a system based environment.

The Seminar on “Estate Planning, Wills and Family Settlement Critical Aspects” held in December was a full house. The program also sold more than 100 Pendrives of the recorded event. A two day workshop on “Mergers & Acquisitions” held in January had excellent speakers like Dr. Lalit Kanodia – Chairman Datamatics, Mr. Suresh Kotak – Chairman Kotak Group, Dr. Anup Shah, Adv. Sharad Abhyankar – Sr. Partner – Khaitan & Co., Adv. – Akil Hirani- Majmudar & Partners, CA. T.P. Ostwal, Mr. Sudhir Valia – Exec. Director Sun Pharma Ltd, CA. Hiten Kotak, CA. Himanshu Kishnadwala, CA. Sridhar Swamy & CA. Mitil Chokshi. This workshop attracted participation from various parts of the country.

In    August, the Society conducted the “Workshop on NBFC” covering significant topics in that area like Prudential Norms & Compliances – Important Aspects, Statutory Audit Aspects under Companies Act, 2013, Internal Audit Perspective for NBFCs and Internal Financial Controls for NBFCs.

The latest is the GST season, where the Society has already organised three houseful seminars with more than 300 participants at each session. The recent one was in the month of February. This two-day program brought together eminent speakers in the field of Indirect tax at one table to educate our members on GST.

While we talk about the various seminars and workshops let us also glance through the various courses at BCAS which also attracted excellent participation. “Four Days Orientation Course on Foreign Exchange Management Act (FEMA)” held in the month of March received more than 100 participations.

This was the 17th year of the Society where it has been conducting the “DTAA Course” successfully. This year also the Course was completed over 14 session on weekends covering aspects of various treaties, BEPS and Equalisation levy.

Non-Technical topics like the Leadership camp covering “Chanakya Business Sutra” by Mr. Mahendra Garodiya, “Heal without medicine” a program on healing without any medicines, public speaking program and “workshop on the CPR training” for members including free health check-up all received a welcome response from various participants in the profession.

The Youth being the pulse of the nation and the future of the profession cannot be set aside. Thus the Society also holds the Youth RRC every year with this year being the consecutive 4th year. BCAS held this RRC jointly with ICAI. Participants from both organisations attended and enjoyed the learning at Alibaug.

The Society has joined hands with various other organisations.

Event

Speaker

Jointly with

Seminar on

Internal Financial Controls
and CARO
Reporting under Companies Act, 2013

 

CA. Himanshu Kishnadwala
&

CA. Abhay Mehta

Chartered Accountants
Association,
Ahmedabad

Challenges of Transforming
India

Mr. Amitabh Kant

Forum of Free Enterprise

Two Days Seminar jointly
with Ahmedabad Chartered Accountants Association (ACAA)

CA. Sonalee Godbole

CA. Mayur Nayak

CA. Vishal Gada

CA. Mandar Telang

CA. Bhadresh Doshi

Advocate Sunil Lala

Association of Chartered
Accountants’ of Ahmedabad

Full Day Workshop on Writing
and
Drafting Skills

CA. Raman Jokhakar, CA. Anil
Sathe

Aurangabad Branch of WIRC

Full Day Seminar on
Alternative Fund Raising Options for Corporates

Mr. Nimesh Shah,

Mr. Abizer Diwanji,

Mr. Bhavesh A. Shah,

Mr. Amit Tripathi,

Mr. N. S. Venkatesh,

Chambers of Tax Consultants

Full Day Seminar on Goods
& Services Tax

CA. Sunil Gabhawalla

CA. Udyan Choksi

CA. Mandar Telang

CA. Govind Goyal

DTPA Study Circle, Kolkata

Two Days Workshop on
Accounting Standards (AS) and Standards on Auditing (SAs)

CA. Ashutosh Pednekar

CA. Abhay Mehta

CA. Himanshu Kishnadwala

Eminent faculty from
KCAS 

Kanpur Chartered
Accountants’ Society

Workshop on GST, MVAT and
Service Tax

Various Speakers

AIFTP, CTC, MCTC, STPAM
& WIRC of ICAI

Lecture Meeting-The Union Budget Meeting 2017-18 arranged by
Nani A. Palkhivala Memorial Trust

Mr. H. P Ranina

Forum of Free Enterprise

Event

Speaker

Jointly with

Under the auspices of Amita Memorial Trust, A talk in memory of
Amita Momaya-The Road less Travelled

Ms. Mittal Patel

The Chamber of Tax Consultants

Lecture Meeting on RBI and its Autonomy

Mrs. Usha Thorat – Former Deputy Governor, Reserve Bank of India

CA Rajendra Chitale

Mr. A. K. Purwar-Former Chairman, State Bank of India

Forum for Free Enterprise and the A D Shroff Memorial Trust

While
we continue with lots more this season, a few more aspects will be covered in
the coming next 2 issues of the BCAS Journal. The Annual Report of the Society
will also detail all these activities along with participation numbers and
various other statistics.

Practice – A “True And Fair” Choice for A Fresh Chartered Accountant in Current Times?

1.    Introduction

A Chartered Accountant reaches a major crossroad of his life when he is qualifies and has to decide between practice and service. Unfortunately, in recent times, from a majority of the persons qualifying opt for service in industry or the Big 4 as their first choice and very rarely choose practice as a career. The Institute of Chartered Accountants (ICAI) statistics reflect the number for associate members who are in full time practice at 46,308 out of total 171,357 CA’s i.e. 27%.

2.    Probable reasons for choosing employment over practice

This trend is also evident from my personal experience:

(a)    Out of 25 odd aspiring CA’s in my CA group of 1999, it is sad to note that I am the only one who has opted for independent practice. There are of course some who are with the profession as Big 4 employees, but a majority is with the corporate sector.

(b)    Only a couple of trainees have opted for practice out of approx. 50 odd trainees trained by our firm in the last 14 years.

(c)    On the personal front as well my Chartered Accountant sibling has opted to make a career in the Big 4 and has never shown interest in practice.

On the other hand, the global trends as reflected in June 2015 by the International Federation of Accountants (IFAC) pegs the number of accountants in public practice at 45.1%. This brings me to the moot point on why are the statistics of qualified CA’s opting for practice in India so low as compared to global norms? The reasons for not opting for practice, as a career choice may be attributable to the challenges faced by a CA practitioner: –

(a)    Lower earnings in the initial struggle period of practice as against an assured fixed pay package from day one of employment
(b)    No readymade post-retirement benefits in individual practice for the practitioners as against those in employment where the employer provides for post -retirement employee benefit plans.

(c)    Need to operate from home until one can afford to buy/lease an office as against in employment where you can work with the best infrastructure and state- of -the-art facilities.

(d)    No structured career path vs. a structured career path with a fast track plan in place.

(e)    Little travel opportunity vs. attractive global business trips at the employer’s cost.

(f)     Networking for developing good contacts, identifying mentors etc. is currently on limited and on a trial and error basis since it is random, unstructured and luck also plays a dominant role since it is not always possible to be at the right place at the right time. (I am not referring to networking as envisaged by the ICAI which does not seem to have taken off).

(g)  Difficulty in retaining good staff who trains with the firm but leave for greener pastures elsewhere.

(h)  In recent years, it is becoming increasingly difficult for the smaller firms to get the reasonably priced trainees, which has resulted in their costing being thrown off gear due to the need to opt for more expensive semi qualified staff.

(i)    The clients in India are also extremely price sensitive and generally resist increase in payments by CA practitioners. This results in many of the smaller CA firms continuing to accept lower fees from their clients out of insecurity and fear of losing clients.     
(j)    The general public perception is that a good CA is one who is good in “managing” client’s issues with the various government authorities. They feel that generally all CA’s earn substantial portion of their income from such malpractices. This though only a perception unnecessarily taints the entire profession, which can otherwise play an important role in the country’s economic growth
by partnering and supporting business by leveraging their expertise/ knowledge in the right and ethical manner.

(k)    There is also the challenge of losing work due to technological development. For instance, many corporate players have created websites providing online assistance for filing Income tax returns, Company formation etc., at a fraction of a cost charged by CA firms. There is a strong possibility that CA practitioners will lose their staple practice if they do not carve a niche for themselves.

(l)    It is widely known that almost 70% of the practitioners are sole proprietors and there is a general aversion to partnering with others possibly due to lack of formal forums / guidance to network, distrust for peers and non-willingness to trade off size with independence.  The proliferation of smaller sole proprietary set ups may be the reason why there is a mad scramble to get work at any cost, resulting in undercutting of prices.  If the proprietary firms join hands to form bigger set ups, then the fee structure would definitely be more competitive and fair for CA’s.

(m)    Since I have joined practice, there has been a major overhaul of laws, starting with replacement of FERA with FEMA, introduction of Service tax, introduction of new corporate laws, the recently introduced RERA and Benami Prohibition Act, the proposed introduction of GST etc.  It has become increasingly necessary for the practitioners to quickly unlearn the old and learn the new in order to stay updated and relevant.

(n)     Due to the superior technology adopted by various government departments and more integration between databases of different government departments, the defaults made by tax filers are detected more briskly and penalty orders issued immediately. It has become most important for CA’s to regularly educate and guide their clients to be compliant in all respects so that they are safeguarded from such penalties.

(o)     Recently, there have been news of the database of some CA firms being hacked resulting in them losing access to their own database. This has made it extremely important for the firm/partners to take professional help in ensuring the firm network and databases are secured and regularly backed up.

Therefore, practice is not for the weak-hearted especially in larger cities where the competition is cut throat and one has to be constantly alert to opportunity and reinvent the wheel to survive.  

3.    Meeting the challenge and the way forward- my personal experience

In my initial years of practice, there was no conscious thought given to actively developing the practice. With a ready-made practice, which I became partner in, I had thought that I just need to stick around and learn the tricks of the trade. I spent the maximum time and energy in execution mode i.e. in interacting with clients, execution of jobs on hand and updating my knowledge and skill sets. Our firm never had any growth plan or strategy and we generally trudged along doing our daily jobs, like a rudderless ship. I remember not knowing how much would be our firm’s turnover and profitability at the end of the year. The big Surprise would be revealed only after all accounts were updated at the time of tax return deadline in September. Our outstanding fees were also averaging at 8 months since most clients would pay before the next audit/ tax filing due to lack of regular follow up on our part. We would randomly provide annual increments to staff including performance incentives, even before our financial position was known to us. This coupled with the lack of special efforts to add to our top line, slowly resulted in the shrinkage of our bottom line. We soon realised such an approach was not sustainable since although we were successful in keeping our staff happy, it was at the expense of the firm’s long-term prospects.  

Ever since, we have started focusing our energies on steadily developing the practice and have changed tracks to introduce the following professional initiatives, which has definitely helped set the firm into “growth mode”. These are the steps we have taken :

(a)    It is very important to do an honest SWOT analysis of your firm, and align your firm’s growth plan to its strengths. It is also important for the firm partners to take into consideration their areas of interest so as to have a well-defined firm strategy.  We have thus identified newer areas of practice, identified industries or service lines to focus upon etc., and have devised a growth strategy for the firm covering 3 years, wherein the aim is for the newer areas of practice to contribute more than the traditional areas of practice, to the topline.

(b)    We have also introduced an annual process of budgeting firm performance in March every year, taking into consideration the previous year’s performance.  We regularly monitor firm performance against targets set at a monthly frequency such that the firm’s performance is known to us before we head into the 4th quarter.

(c)    We also conduct Monthly Outstanding reviews, to ensure the receivables do not become sticky thereby adversely impact our cash flows. We have also introduced a system of sending follow up emails for the slow moving debts and a stop service policy in case the dues go beyond 6 months, so that the clients do not take us for granted.

(d)    We have introduced the policy to periodically review rates charged to clients per service line and to formally communicate any increase vide formal communication so that the client understands that it would be the norm rather than an exception.  We have also fixed minimum thresholds for our fees, below which we would not accept/continue the work. This has helped in weeding out clients who do not appreciate your services and unnecessarily object to fee increase.

(e ) We have also introduced the practice of issuing an engagement letter for the new jobs.  This has ensured that the terms and conditions on which we undertake the assignment are well spelt out at the start and accepted in writing by the client. There is also a policy to collect the mandate fee of 50% of the fee for walk- in clients, who have not been referred by our contacts.

(f ) For the purpose of continuously engaging with the clients, we have started the practice of meeting key clients identified by the firm at the start of the year, at regular intervals. We also send regular mailers to all clients containing interesting articles, recent key changes in law etc.

(g) Managing the IT systems to ensure data is kept secure and is regularly backed up, software bought are updated regularly, business continuity planning etc. is especially important in the current world, where the technology drives most business.  We have outsourced the IT systems to a professional to manage the IT risks.

(h) In recent times we have carefully developed a web presence and we ensure that it is regularly reviewed and updated with latest details with respect to firm Partners, offerings etc.   

(i)    For a small enterprise, where the partners are involved in execution, it is very challenging to spend time on networking. However, it is extremely important to slot time for networking into your calendar since unless you continuously expose yourself further to newer people/corporates, the opportunities would not be so forthcoming.  For this reason, we have devised internal targets to ensure each partner meets two new people per week.

(j)     We have also introduced the practice of determining key result areas (KRA’s) for the key staff at the start of the year, so that the incentives paid are aligned to firm performance and the individual’s achievement of KRA’s.

(k) We have also focused on creating standardised processes and procedures and regularly training the staff in this regard, which would help the firm in scaling up through creation of efficiencies.

(l)     Since the results of the trainees in our firm in recent years have not been good, we have started regular in house trainings for the trainees and also encourage them to attend relevant programs conducted by
the ICAI.

(m) We also have devised a system of weekly trackers for the staff, wherein we allocate works to staff and also regularly monitor the status of the works.  

(n)    It is possible that to many readers the steps that we have taken seem elementary, but my experience is that despite this knowledge of what is necessary,  many of my contemporaries do not put it  into action.

4.    Expectations from Institutions and peers

Although in recent years, ICAI & BCAS have been very active in the development and marketing of the profession, and have taken noteworthy initiatives, there is yet scope
to do more to alleviate the challenges faced by the current practitioners and help practice become the top career choice:

(a)    Although there are myriad seminars for developing knowledge on various laws, there are very limited seminars/courses focusing on developing public speaking, presentation skills and other soft skills that are important for a practitioner.  The professional institutes should consider a tie-up with premier Management Institutes for creating specialised communication courses for CA’s, which may help them develop their communication/ presentation skills.

(b)    Currently, there are multiple study circles where the focus is generally on knowledge sharing, but there could be groups regularly meeting with a specific focus on practice management to share specific practice experiences, network and encourage tie-ups/ partnerships. The practice experience shared could cover topics relevant to practitioners like draft of a partnership agreement /MOU, recent tools available for CA office management, etc.

(c)    Like the ICAI has created separate portals for WOMEN CA, professional development etc. ICAI could create a portal for the Corporates to post their specific requirements for audit/ special assignments etc.  The SME practitioners could log in and regularly check for such requirements and send their best quotation. The regulatory framework of the ICAI should, be such that this becomes a possibility.

(d)    There is a lot of literature available in the market including self-help books focusing on individual practitioners.  Regular columns may be introduced in the publications to recommend and review these books, which may help the practitioners who are avid readers.

e)    Senior members in practice in the bigger Indian firms may be encouraged to share their experiences in practice and provide insights into practice development. For instance, M/s ABC wishes to have an office in Goa, but does not know how to go about the same and build a presence. The only way the firm would learn is by speaking to other firms who have successfully done it. I am aware that BCAS has such a program but these type of events need to increase. If there were regular columns/articles in the professional magazines wherein the partners of the larger firms would share their experiences on how they have expanded their reach, others could benefit from it.

(f)    Another effort lacking is for formal mentoring programs to be introduced for younger members, so they can gain considerably from the experience of the seniors in the profession. Here again BCAS has such a program but it needs to be publicised much more.

(g)    Although there is a portal for registration of articled trainees which firms can use for recruitment of trainees, the same needs to be improved since the information available therein as regards articled trainees is not updated promptly, which unnecessary results in waste of time.

Conclusion
The thought process behind penning this article is for the following stakeholders in the profession: –

(a)   For the new practitioners to learn from my experience, to get out of the execution mode, view the big picture and to consciously take steps to grow their firm to its full potential.

(b)     For the professional bodies of our erudite profession to further support and empower practitioners so that the newly qualified CA’s seriously consider practice as a “true and fair” choice rather than join the service bandwagon, which is the trend in recent years.

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. U day 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. M ayur
Nayak, Past President of BCAS. CA. T. P. Ostwal
answered issues raised by members during Group
Discussion on his paper titled Case Studies on R ecent
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. R aman Jokhakar, Past President of
BCAS. CA. H imanshu 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. M adhukar H iregange presented paper titled
Role & R esponsibilities 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 R evision
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. M anoharan,
Past President of ICAI and Guest of H onour M r. Nilesh
Vikamsey, V ice 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 M arfatia, CA. Govind Goyal & CA. R ajesh
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. U day 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.

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. M anoharan. 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. U day 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.

Twitter Fun of the Month

This month, one of the most talked about topics on twitter
was the advertisement of a pan masala brand where one of the actors who played
the role of James  Bond in the past
featured. This set the twitterati abuzz. Here are some of the tweets that we
found worth sharing with our readers.

@KyaukhaadLega
Bond is now famous Pan-india

@rameshsrivats ­

Pierce Brosnan.

Played James Bond.

Endorses Pan Bahar.

Licensed to kill.

@NSDahiya  – Pierce Brosnan has got supari to kill now.

@ajith27  – Pierce Brosnan says the outrage has given
him much to chew on, Paan unintended

@Vineet_Nag  -I used to think #money is not everything but
then i saw #PierceBrosnan doing an ad film for Pan Parag paan masala !!

@navalmalpani   – We know india is getting ahead in class
when SrK endorses tag heur, and Pierce Brosnan endorses Gutkha . #PanBahar #PierceBrosnan

@Burman_amit   – Pierce Brosnan: “Wy wvem ih von, aemz
von” me:”What??” Pierce Brosnan:Spits Pan Bahar “my name is
Bond, james  Bond” #PanBahar #Pierce- Brosnan

And after the concerned actor feigned ignorance about the
true nature of the product that he had endorsed, the world of twitter had yet
another bout of laughter:

@jujvijay  – Pierce Brosnan says he didn’t know what he
was selling. Guess things didn’t *’paan’*
out as expected #paanbahar #piercebrosnan #Punintended

@iamranjandhar
Pierce Brosnan: ek Pan Bahar dena. Paan Wala: yeh lo. *Pierce Brosnan Gives 5 Rs*
Paan­ wala: Sahab 7.50 Rs. Ka hai. PB: dhai another day!

@news24tvchannel
– James breaks Bond with Paan Ba­ har: Pierce Brosnan accuses company of trappi
#Pierce- Brosnan #PaanBahar #Contract #ad

@askThePankazzzz
– Honestly, deeply hurt to know that Pierce Brosnan doesn’t actually eat Paan
Bahar. tired of these people breaking my trust again & again.

@ind_mnk – A
friend looking for job was not getting one, Pierce Brosnan (Bond 007) in indian
Paan Bahar ad only shows it’s a worldwide recession.!!

And here are some tweets where people are talking about the
controversial US elections where Mr. donald trump and Ms. Hillary Clinton are
engaged in an ugly battle.

@Elizasoul80 – I
wouldn’t vote for a woman just because i’m a woman, just like people shouldn’t
vote for trump just because they’re idiots.

@PetrickSara
Someone said my kid would probably grow up to be president, and i’m not sure if
it was meant as a compliment or an insult.

@WilliamAder – Remember
when we thought “any kid can grow up to be President” was a good thing?

@ericsshadow – I
hear all these trump supporters say­ ing they support him because he speaks his
mind. Well you know who else speaks his mind? My 4 year old.

@marlebean – They
say ignorance is bliss, but trump supporters don’t seem very happy.

On another note, here are a few that are probably from tired
young mothers:

@mommyshorts – Asked
to switch seats on the plane because i was sitting next to a crying baby. Apparently,
that’s not allowed if the baby is yours.

@LurkatHomeMom  – Hell 
hath no fury like a 4 year old whose sandwich has been cut into squares
when he wanted triangles.

@cheeseboy22
Kids everywhere are fighting global warming by leaving doors open and air
conditioning the outside.

And none of our compilations can be complete without quoting
the irrepressible Ramesh Srivats of Bangalore:

@rameshsrivats  – Board of Control for Cricket in india

– if you remove their Control, they’ll remove our Cricket.
and india will be Board.

And here are this month’s recommendations of twitter handles
that you can follow. This time, we thought of shar­ ing the handles of a few
global accounting networks.

TMF – @tmforumorg

Nexia International –
@Nexia_intnl

PwC LLP – @PwC_LLP

Deloitte – @Deloitte

MGK Consulting – @MGK_Consulting

Mazars – @MazarsGroup

PKF international – @PKFI

Prime Global –
@PrimeGlobalAcct

RSM US LLP – @RSMUSLLP

Baker Tilly International
– @BakerTillyint

Moore Stephens
international – @MooreStephens

Still Afraid Of Disclosures

On October 1, finance minister
Arun Jaitley announced that the government was pleased with the windfall from
the four-month black money disclosure scheme that ended on September 30. Indians
have declared hidden assets worth Rs 65,250 crore ($10 billion). The tax
collection, at Rs 30,000 crore ($4.5 billion), will help build many a road and
school. But, by global standards, the haul is small. Could a lighter price have
earned more revenues?

Amnesty schemes being offered in
countries such as indonesia  and  argentina 
are  yielding  huge 
revenues due to low tax and penalty rates. In indonesia, those with
hidden assets abroad need to only pay a flat fee of 1-6 per cent of the value
of the assets depending on how quickly they declare their stash and whether they
repatriate it. There is also no prosecution or penalty. These countries are
clear about maximising revenues, having decided to pardon those who have broken
the law.

India does not fall in that
league. The just-concluded income declaration Scheme (IDS) allowed people to
pay tax, surcharge and penalty adding up to 45 per cent on their past
undisclosed income. The design was better than the earlier scheme that fared
miserably due to the heavy price — 30 per cent tax and an equivalent amount as
penalty — and the lack of trust as to whether there would be penalties even
after coming clean.

Should the government offer a
second chance to those with hidden wealth overseas to come clean? Paring the
tax rate will make it work. Some would argue against india offering frequent
amnesties the way they do in, say, italy. But the US offers an open-ended
offshore voluntary disclosure Program.

One model could be the sort of
permanent amnesty scheme offered by Scandinavian countries and South africa. A person
is allowed to declare her past undeclared income before the case is picked up
for audit. As the government cannot possibly cover a wide range of taxpayers in
audits, such a scheme allows taxpayers to regularise their tax affairs and
start afresh.

Jeffrey owens,  former director of the OECD Centre for
tax  Policy  and 
administration,  says  people 
must  be given enough time to
unwind their past tax affairs before governments move to the new world of tax
transparency. That’s  a valid point. India
will join other countries to follow common reporting standards from next year. This
means exchange of information on account holders across jurisdictions will be
automatic, making it tough for tax dodgers to hide their wealth.

Also, there is no stigma attached
now to offshore voluntary compliance schemes. The OECD has endorsed these
schemes that have been introduced in many countries. India is only rolling with
the tide, and when businesses bring money on to their books, they can repay
loans, avoid bankruptcies and secure fresh credit. Leveraging on higher equity
capital will also make them expand, and help the economy grow.

David Bradbury, head of the OECD
tax Policy and Statistics division, however, reckons that governments should
weigh the benefits and costs, as it can create a perception that voluntary
disclosure schemes are par for the course.

The problem in india is very few
are convinced that non­ disclosure would lead to punitive action. That must
change. Egregious offenders must pay. The US department of justice  puts the information on prosecutions launched
in public domain. Britain’s revenue and customs department too has made it
clear that people can’t get away saying ‘don’t tax me, tax the man behind’.

India will have game-changing
data with automatic information exchange to pursue tax evaders. Having joined
the global war against tax evasion, it should follow Britain and create a
Unique Legal Entity Identifier to trace the real, beneficial owners of companies.
Here, effective sharing of information will help.

Amine of data is already
available with the income-tax department through the annual information returns
that identify potential taxpayers by examining their spending patterns. To
check for evasion, it has been matching the data provided by various agencies
with an individual’s income-tax returns.

What we really need is
intelligent data mining to create rock solid proof of tax evasion. Why not
consider data not filed, but gathered using data-mining techniques, using big
data analytics?

India should also reform its
direct tax regime to lower tax rates, and widen the ridiculously low base. it
also partly  explains  why 
tax  as  a  proportion  of  GDP  has been stagnating at about 16.5 per cent
for the last three decades. The goal must be to at least double india’s tax- GDP
ratio to meet spending commitments. Moving to the goods and services tax (GST)  will certainly provide an opportunity to
reform direct taxes. We can then forget amnesty schemes.

(Source: Article by Hema
Ramakrishnan in the Economic times dated 05.10.2016)

Denialistan: Top 10 excuses Pakistan trots out after terrorist attacks on India

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Pakistan’s long history of bleeding India with a thousand cuts follows a familiar pattern. Deny, defy, and mollify are the main aspects of its terrorism policy. Here are the top 10 excuses and explanations that Pakistan, also known as Denialistan, wheels out every time it is in the international spotlight for initiating yet another terror strike against India.

1. India has jumped to conclusion too soon: first reaction usually given even as attack is still going on, because the Indian media had already begun to name Pakistan as the place of origin of terrorists. But as the timeline of both Mumbai 26/11 and Pathankot showed, evidence surfaced very early. Ajmal Kasab was caught and squealed like a piglet to the cops while his terrorist friends were still burning down the Taj. In Pathankot, unknown terrorist scum used the phone from a cab driver he killed to tell Ammi in Pakistan he’s going to get his 72 virgins.

2. They are not Pakistanis: next line of defence. Worked very well in the case of the attack on Parliament when all the piglets were killed. They tried it in Mumbai even after Ajmal was captured. Unfortunately for Pakistan, a small, courageous section of Pakistani media outed its own disgusting terrorism backing establishment. In Pathankot, they are trying to throw Kashmiris under the bus, getting PakMil proxies such as United Jihad Council to claim the cannon-fodder were Kashmiri.

3. Where’s the proof? Standard, argumentative line thrown on TV, even when you have slapped them in face with proof (phone records, tapes, transcripts, testimony from captured terrorists, etc). When it gets too uncomfortable, claim the evidence is all fabricated.

4. It is an internal job done by RAW to defame Pakistan: Used when either the truth is blindingly obvious or when the Sloppy Joe Indian side fails to gather enough evidence.

5. They are non-state actors: Invented by the terroristin- uniform Pervez Musharraf, darling of India’s chattering classes and conclave society. Fact that he was caught on phone discussing terrorist deployment in Kargil did not stop them from inviting him to their soirees. But why blame them, the great statesman Atal Bihari Vajpayee rescued him from international ignominy.

6. Pakistan is also a victim of terrorism: Playing the victim card after nurturing tens and thousands of terrorists and creating an ambient ecosystem for terrorism, including state – and constitutionally-mandated bigotry and systemic slaughter of minorities.

7. Pakistan is a frontline ally in war on terror: Line wheeled out to extract rent money from credulous Americans stuck in Afghanistan. Never mind if the US tax $$$ they funnel to Terroristan also kill AMERICAN soldiers in Afghanistan.

8. Islam is a religion of peace: Wheeled out for the rest of the world, although Pakistan has little to do with Islam, apart from being its worst example.

9. Pakistan will act against terrorism in all its forms: Increasingly used of late because plausible deniability has become very difficult.

10. Pakistan will fight shoulder-to-shoulder with India against terrorism: The latest offered by its civilian establishment, now that the country is swirling into a black hole. From its military establishment, which will lose its lolly and perks if this happens: Yeah, dream on.

(Source: Article by Shri. Chidanand Rajghatta in The Times of India dated 12-01-2016)

Double bubble trouble

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Sustaining anything in the region of 7% growth should be good enough in a troubled and risk-laden world.

Three months ago, a Brookings Institution-Financial Times tracking index warned of emerging economies risk “leading the world economy into a slump, with lower growth and a rout in markets”. Those words will echo in many minds at the end of this past week, as the world suddenly looks like a dangerous place, and emerging markets even more so. Over the past year, stocks and currencies have dipped in many emerging markets, including India. Over a five-year period, global stock indices have virtually doubled relative to plunging values in emerging markets. Money has been pulled out of emerging markets for several months. And if the last few days’ trends are anything to go by, the story is far from being over. George Soros is only one of many doomsayers.

Two of the original Bric economies that set the pace for a decade have slipped into recession — and a strengthening dollar has accentuated the decline. In dollar terms, Brazil’s economy has shrunk in the last couple of years by 25 per cent, while Russia’s economy has shrivelled 40 per cent. China, while continuing to grow, is beset by transition issues and has become the primary source of global instability. The big risk is cross-country contagion through bankruptcies — and India has its share of debtladen candidates for that scenario. Yet, through it all, India continues to look stable and healthy.

That’s if you view the country from outside. The perspective from within is quite different. Despite much activity by eager-beaver ministers in the Modi government, change on the ground has been slow and very much on the margin. Corporate profits in relation to GDP are at a decadal low. Corporate investment intentions have shrunk further, even as the number of stalled projects remains virtually unchanged. In the infrastructure sectors, power generation has grown less than three per cent, and the railways have missed their freight traffic targets. Investment by the railways too has fallen short, causing the finance ministry to trim fiscal support. The commercial banks’ books will look worse in coming quarters as the Reserve Bank gets less indulgent about undeclared bad loans — provoking (so one hears) some troubled bank chiefs to beat a path to the Prime Minister’s Office. External trade has continued to shrink. The one bright spot remains tax collection. But one-third of the way into its tenure, the Modi government has not really been able to get on top of its inherited economic problems.

Anxious to show results, government personalities talk of increasing government spending, and easing up on fiscal consolidation. However well-intentioned, the idea runs up against the fact that state deficits are already set to grow on account of state governments taking on the bulk of accumulated discom debt, under the ‘UDAY ’ programme. So the combined deficit of Centre and states will climb over the next couple of years. Unless the government wants to risk hard-won economic stability, there is no room for further fiscal slackening, given that it has implications for government borrowing and will put pressure on interest rates. In any case, the government’s capacity to spend more is a known constraint, as the railways have shown this year.

This will be a frustrating scenario for a government that bravely promised a return to rapid economic growth. But the global as well as domestic situation compels realism in the expectations about what is feasible. Economies don’t grow at eight per cent and more when exports are plunging, and when a good bit of the banking system needs intensive care. In fact, shooting for that target could lead to macroeconomic bungling. Sustaining anything in the region of seven per cent growth, give or take a bit, should be good enough in a troubled and risk-laden world.

(Source: Weekend Ruminations by Shri T N Ninan in Business Standard dated 09-01-2016 )

Is a 2008-like financial crisis in the making ? – Volatility in the financial markets shows fears over China are widespread

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Are we headed for a 2008-like financial crisis? George Soros, the man with the reputation of breaking the Bank of England thinks so. “When I look at the financial markets, there is a serious challenge which reminds me of the crisis we had in 2008,” Soros was quoted as saying by Bloomberg. The veteran hedge fund manager is worried about China and thinks it is finding the adjustment difficult. Volatility in the financial markets last week showed that the fear is widely shared across the world.

The Chinese economy is slowing and is being steered towards a more sustainable growth model, which is not dependent on manufacturing exports. However, dealing with past excesses and ensuring a soft landing is an issue. China contributes about 16% to world gross domestic product (GDP) and has provided strength to the global economy after the 2008 financial crisis. A sharp slowdown in China will not only affect overall global growth, but will be particularly harsh for its close trading partners.

A sharp slowdown will have a disproportionate impact on commodity exporters. In fact, the slowdown in China is one of the biggest reasons for the weaknesses in commodity prices.

Weakening economic activity is not the only problem. China is also witnessing serious capital flight. To be sure, policymakers want a weaker currency but are worried about disorderly depreciation. It is being reported that the central bank burnt at least $100 billion in December 2015 alone to defend the renminbi. The worry is that China will once again use weaker currency to support economic activity, which has prompted some of the businesses and households to move out of renminbi-denominated assets. There is also a high-debt angle to the story. According to McKinsey, total debt in China in mid-2014 was at 282% of GDP, which is higher than the debt of some of the advanced economies, such as the US and Germany, and has quadrupled from the level in 2007. Over-investment and slower growth would naturally make debt servicing difficult.

There are layers of issues confronting China at this stage which will keep the financial markets guessing. However, as things stand today, it is difficult to argue that the world is close to a 2008-like financial crisis. In 2008, part of the US economy was engaged in excessive speculation, expecting that good times will continue, and when financial conditions tightened, the result was a collapse in asset prices—a perfect Minsky moment—which brought the financial system to a standstill.

Conditions in China are a little different. China is not essentially struggling to contain speculation and assetprice inflation, but is shifting to a different growth model. It has accumulated excesses in terms of over-investment in various sectors, but debt is mostly concentrated with state-owned enterprises. In fact, households in China are in a lot better shape than they were in the US in 2008. Further, the US was far more financially integrated with the rest of the world than China is today, which will limit the impact. Also, unlike the US, China’s financial system is tightly controlled by the state.

This is not to suggest that a crisis in China will not have any impact on the global economy, but it is unlikely to be close to 2008. However, commodity export-dependent economies will remain in a difficult spot, as demand will remain capped because of a slowdown in China and weak global growth.

What does this mean for India? Policymakers in India will have to remain vigilant and find ways to grow at a time when global growth is likely to remain tepid for an extended period. India will also have to convince global investors that it does not belong to the typical commodityexporting emerging market pack, and is also not suffering from some of the problems that China is facing. Foreign portfolio flows could become more volatile because of a change in investor preference away from emerging markets.

India should, therefore, prepare the ground for attracting foreign direct investment, which is more serious in nature and is likely to be attracted to a long-term growth promise.

(Source: Extracts from the Editorial in Mint dated 11-01-2016)

PUBLIC LECTURE MEETING ON DIRECT TAX PROVISIONS ON THE FINANCE BILL, 2016

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Dear Members,

The wait for most awaited economic event of the country, Union Budget 2016 will be over on 29th February, 2016. The entire country is eager to know how the “Ease of doing business” unfolds. Will the Easwar Committee recommendations be accepted? Whether there will be any guidance on the GST applicability? Will this budget bring in more transperancy and accountability? How will the “Guiding Principles” of POEM take shape?. The Indian businesses are looking forward to long term measures on policy front which provides stability on tax front and enables proper planning. They envisage substantial scalable operations with support of qualitative direction from Modi Government to capitalise on opportunities for emerging markets like India. Whether the Modi Government will go that extra mile and deliver some path breaking measures in the forthcoming Budget, is looked upon with eagerness and anxiety. The future is promising and the pace has to be provided by the Finance Minister through his ultimate accelerator, Union Budget, 2016. The country awaits to see its future…..

In its endeavour to spread the knowledge far and wide, Shri S E. Dastur, Senior Advocate, will present his masterly analysis of the Direct Tax provisions of the Finance Bill, 2016. Details are as follows:

DAY & DATE : Friday, 4th March 2016

TIME    : 6.15 p.m.

VENUE    : Yogi Sabhagruha, Shree SwaminarayanMandir, Dadar (East), Mumbai – 400014

SPEAKER    : Shri S. E. Dastur, Senior Advocate

FEES : Free for all and open to anyone interested on the subject. Seats will be available on first come first served basis.

We trust you will attend this lecture meeting along with your Colleagues, Students & Friends.

Infinite Growth in a Finite World? – Hopium Economics has given us deeply-in-debt individuals, businesses and nations

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Economic growth is a central assumption to political and economic systems. It is the mechanism relied upon for improving living standards, reducing poverty to now solving the problems of over indebted individuals, businesses and nations. All brands of politics and economics assume sustainable, strong economic growth, combined with the belief that governments and central bankers can control the economy to bring this about.

But strong growth is not normal, being a recent phenomenon over the last two centuries. Economic activity and the wealth created have increasingly relied on borrowed money and speculation. It was based upon the profligate use of mispriced natural resources such as oil, water and soil. It relied on allowing unsustainable degradation of the environment.

The human race refuses to accept that it is not possible to have infinite growth and improvement in living standards in a finite world. As author Edward Abbey warned, “Growth for the sake of growth is the ideology of a cancer cell.”

Central to the problem is the level of indebtedness. Debt accelerates consumption, as borrowed funds are used to purchase something today against the promise of paying back the money in the future. Spending that would have taken place normally over a period of years is squeezed into a relatively short period because of the availability of cheap borrowing. Business overinvests misreading demand, assuming that the exaggerated growth will continue indefinitely, increasing real asset prices and building significant overcapacity.

Around 85% of the debt incurred over the last 30-35 years funded the purchase of existing assets or consumption rather than being used for creating new businesses or productive purposes which build wealth.

Global debt now stands at around $200 trillion (over 280% of the world annual produce), an increase of $57 trillion since 2008 when high debt levels brought the world to the brink of collapse.

“Hopium” economics cannot mask the problem of excessive leverage forever. The debt will have to be repaid out of future income or proceeds of asset sales, diminishing growth or savaging investment values. If as is likely, this debt cannot be repaid, then it will be written off, resulting in an unprecedented loss of wealth for savers. Compounding the problems of debt, resources and environment are challenges of slowing rates of innovation, lower improvements in productivity, demographics, inequality and exclusion. The amount of global arable land has remained relatively constant for the last decade at 3.4 billion acres. The annual increase in global population requires water flow equivalent to Germany’s Rhine River. The frequency of extreme weather events is increasing. In a Faustian bargain, policy makers sold the future originally for present prosperity and are now reselling it for a precarious and short-lived stability. There is a striking similarity between the problems of the financial system, irreversible climate change and shortages of vital resources like oil, food and water. In each area, society borrowed from and pushed problems into the future. Short term profits were pursued at the expense of risks which were not evident immediately and that would emerge later.

Kicking the can down the road only shifts the responsibility onto others, especially future generations. By postponing the inevitable, the adjustment becomes larger and more painful.

Economic problems feed social and political discontent, opening the way for extremism. In the Great Depression the fear and disaffection of ordinary people who had lost their jobs and savings gave rise to fascism. Writing of the period, historian A. J. P. Taylor noted, “[The] middle class, everywhere the pillar of stability and respectability … was now utterly destroyed … they became resentful … violent and irresponsible … ready to follow the first demagogic saviour.”

Humanity faces this, its greatest crisis, with, in the words of biologist E. O. Wilson, “palaeolithic emotions”, “medieval institutions” and delusions about its “god-like technology”.

But a new industrial revolution is not on the horizon. It is not clear how new smartphones and connectivity that feed cheap narcissism will address the urgent problems of the world. Progress on crucial problems like improving crop yields, cheap clean energy and its storage is slow.

Many new technologies such as robotics reduce living standards as they replace or deskill most workers. Innovation enriches a few people who control or finance the technology at the expense of the vast majority of the population, entrenching and increasing inequality.

The world is remarkably unprepared for the crisis that is unfolding. During the last half-century each successive crisis has increased in severity, requiring progressively larger measures to ameliorate its effects. Over time, the policies have distorted the economy. The effectiveness of instruments has diminished.

With public finances weakened and interest rates at historic lows, there is now little room for manoeuvre. Resource constraints and environmental problems are increasingly pressing. A new crisis will be like a virulent infection attacking a body whose immune system is already compromised.

Factual debate is replaced by what comedian Stephen Colbert calls “truthiness”, things which were not true but rather things one wishes were or actually believes to be true. Any challenge to the consensus of unlimited opportunity is crushed. As Tertullian wrote, “The first reaction to truth is hatred.”

(Source:Article by Shri Satyajit Das in The Times of India dated 08-01-2016)

CANCEROUS CORRUPTION

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NETAS UNDER SCANNER:
Ajit Pawar & Sunil Tatkare are under investigation for massive cost escalation and occupation in Kondhane, Kalu and Balganga irrigation projects.

Chhagan Bhujbal, Pankaj and Samir Bhujbal – offence registered by a CB in the m aharashtra Sadan case.

Ramesh Kadam was arrested by CID for involvement in a Rs.300 crore corruption case.

CAN YOU BELIEVE?
For the project Balganga dam at Pen Taluka, Raigad, the initial cost estimated by CIDCO was Rs.353.9 crore, contract was awarded in 2009 for Rs.414 crore and cost revised within six months to Rs.1,600 crore

In the closely-watched proceedings of the a CB since CM Devendra Fadnavis gave his nod for the open inquiry, many eyebrows had been raised, when Pawar Jr. and Tatkare were exempted from appearing before the bureau. the a CB had sent a questionnaire to the duo to secure information on the Balganga, Kondhane and Kalu projects. the cost of Kondhane increased from Rs.56 crore to Rs.614 crore, that of the Kalu jumped from Rs. 382 crore to Rs.700 crore and of the Balganga from r s. 414 crore to Rs.1,600 crore

Following the ToI expose and an application filed by thane-based RTI activist Praveen Wategaonkar on 20th August, 2014, the a CB had sought permission for the open inquiry. It was sanctioned on 12th December, 2014

CORRUPTION IN DEFENCE DEALS:
Defence procurement corruption in India has been assessed to be “high”, with a large mass of its procurements shrouded in secrecy with low levels of accountability.

As per the Global Defence Anti-Corruption Index, India’s Military spending has increased by 147% in the last decade. Accessing the Indian experience, the Index said the Indian Army was found to be illegally running golf courses on government land while Air Force officials used defence land for unauthorised use, such as building of shopping malls and cinema halls. it also says that India’s Defence institutions have been found to be involved in exploitation of natural resources. Citing an example, the report said awards for contracts by Reflex, the paramilitary force in northeast i ndia, were essentially bought through personnel for kickbacks amounting to 35% of the tender cost.

GOVT. UNSPARING IN PUNISHING THE CORRUPT: PM MODI:
Asserting that his government is unsparing in punishing the corrupt, Prime Minister Narendra Modi said 45 senior officers have either been removed or faced pension cuts for “unsatisfactory performance and delivery in public service”. He said the focus of his government was on providing system-based and policy-driven governance.

“A governance structure is sensitive, transparent and accountable,” he said. Speaking at the Sixth Global Focal Point Conference on Asset Recovery, being hosted by the CBI, the Prime Minister said corruption is one of the “principle challenges” for governments across the world in transforming the lives of the poor and marginalised.

“We in India are currently in a crucial phase of nation building. Our mission is to build a prosperous India. An India where our farmers are capable, our workers satisfied, our women empowered and our youth self- reliant.”
“This is not an impossible mission. However, to achieve this objective, it is essential to fight relentlessly against corruption,” he said.

CORRUPTION-FREE’ DIWALI:
In an unprecedented development, Maharashtra was “corruption-free” at least for a week between 9th and 15th November. The anti-corruption bureau ( ACB) was unable to trap a single public servant under the Prevention of Corruption Act during the period. By comparison, during the corresponding week in Diwali 2014, it had recorded nine cases. The joy was short-lived, though, for as soon as the new week began, on Monday and Tuesday, five public servants were caught red-handed while accepting bribes ranging from Rs.1,000 to Rs.5,000.

Re: Deduction of Tax (TDS) u/s 195 from Property Purchase Price payable to an NRI

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7th April, 2016

The Editor,
Bombay Chartered Accountants Journal
Mumbai.

Dear Sir,

Re: Deduction of Tax (TDS) u/s 195 from Property Purchase Price payable to an NRI

When purchasing an immovable property, usually a residential flat, from an NRI, in the absence of any clear rules or guidelines or a Circular / Instruction from CBDT, the buyer faces an unenviable situation: How much TDS to be deducted from the Purchase price payable to the NRI? Whether to deduct TDS @ 20% plus applicable Cess and Surcharge from the Gross Purchase Price, which is usually not acceptable to the Seller, many times resulting in cancellation of the deal? Whether to deduct TDS amount from the Capital Gains taxable in the hands of the NRI? If yes, who should calculate and certify the amount of Capital Gains Tax deductible ? Whether a certificate issued by a Chartered Accountant would be acceptable to the Authorities? Whether it is okay to take into account deduction available to the seller u/s 54 or u/s 54EC of the Act while calculating the amount of Capital Gains Tax liability?

In this connection, it is worth recalling that the Supreme Court as well as various High Courts has held, time and again, that TDS u/s 195 is deductible only from the “Sum Chargeable under the provisions of this Act.”

In view of the uncertainties involved and lack of authoritative guidance from the Tax Authorities, the buyers usually insist upon deducting the tax from the gross purchase price payable or require the seller to obtain and furnish a certificate u/s 197, which is usually a very time consuming and costly process and which is not easily manageable for a Non Resident Indian who has either no helpful relatives in India or has parents who are very Senior Citizens. Thus, obtaining a Certificate u/s 197 of the Act is not a very convenient and hassle free way of doing things for an NRI, particularly when the rules for computing Capital Gains arising from transfer of an immovable property such as a Residential Flat are fairly clear and well settled under the Act and the same can be easily computed and certified by a Chartered Accountant.

In view of the above, I would request the CBDT to issue necessary clarifications and authorise Chartered Accountants to issue the requisite Certificate in the Form to be prescribed by the CBDT.

Alternatively, in case, payment is made by a Buyer to an NRI in INR, provisions of section 194-IA which are presently applicable to a resident transferor, may be made applicable to a Non Resident Transferor with suitable modifications. In such an event, the NRI will have to comply with the procedure laid down u/s 195(6) while remitting the funds outside India. It will greatly facilitate real estate transactions by NRIs and go a long way in realizing the Government’s objective of Ease of Doing Business / Investment in India.

Regards,
Tarun Singhal.

Incorrect levy of interest resulting in non granting of refunds to taxpayers

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18th April, 2016

To
Mr. Hasmukh Adhia
Revenue Secretary
Ministry of Finance
New Delhi

Respected Mr. Adhia,

Sub : Incorrect levy of interest resulting in non granting of refunds to taxpayers

For the past 2 years, many of our members have brought to our notice a trend set by the various assessing officers in the country – particularly in Mumbai – of wrongfully charging incorrect amounts of interest u/s. 234B in the tax computation sheet that accompanies the assessment order passed u/s. 143(3). In several cases, the tax payable on the assessed income is lower than the taxes paid by the tax payer. Accordingly, in such cases, in the normal course, a refund would be due to the assessee alongwith interest u/s. 244A. However, much to the shock of such tax payers, instead of a refund being received by them (or at least determined to be payable to them by the government), the notice of demand received by them u/s. 156 of the Act says that the amount payable to/by them is “NIL”. This Nil amount has been arrived at after charging interest u/s. 234B which is exactly equal to the amount of refund due to the tax payer. In some cases, instead of a refund being determined as due to the assessee, a demand has been determined as payable by overcharging interest u/s. 234B.

It would be appreciated that in cases where the tax paid is more than the tax payable, the question of levy of interest u/s. 234B does not arise. In fact, in many cases, there is no advance tax payable and yet interest has been levied for default in payment of advance tax!

It appears that this is a deliberate action being done manually in the system with the sole objective to deprive the taxpayers of the rightful refund and interest due to them.

There are a number of such cases that have come to light. A few examples from the city of Mumbai are given in the Annexure. It will be appreciated that even though this is a serious grievance, many taxpayers only apply for rectification and refrain from raising a grievance on account of the apprehension that such an action may not be perceived in the right spirit by the concerned tax officers

On behalf of the thousands of our members and their tax paying clients, we appeal to your good self to take up this issue with the seriousness that it deserves and to direct the CBDT to issue instructions to all field officers to desist from resorting to such tactics and to immediately issue the refunds to the tax payers without the tax payers having to apply for rectifications. It will be appreciated that in most such cases, the officers are aware that the interest has been wrongly charged and have verbally “advised” the tax payers / their representatives to apply for rectification in April 2016.

The point that we wish to highlight here is the blatant and deliberate error committed by the field officers and unfairness of this situation.

We would be more than willing to meet you or anybody else to take up this matter on a priority basis so that tax payers get their rightful refunds at the earliest.

Thanking in you in anticipation

For Bombay Chartered Accountants ‘ Society

Sanjeev R. Pandit, Chairman
A meet Patel, Co-Chairman Taxation Committee

Incorrect levy of interest resulting in non granting of refunds to taxpayers.

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Dear Members,

Subject:- Incorrect levy of interest resulting in non granting of refunds to taxpayers.

Several members had brought to our notice the issue of wrongful charging of incorrect amounts of interest u/s. 234B in the tax computation sheet that accompanies the income-tax assessment orders passed u/s. 143(3) by Assessing Officers, thereby depriving the taxpayers of the rightful refund and interest due to them. This is a serious issue and needs to be highlighted to the higher authorities. In this connection, based on the data received from a few members, we have made a representation to the Revenue Secretary, Ministry of Finance. A copy of the said representation will be published in the BCA Journal for May 2016.

Please click on link below to read the full representation:

Incorrect levy of interest resulting in non granting of refunds to taxpayers.

Please note that the annexure to the representation is not made public since it contains information about a few tax payers.

We also thank the members who have shared with us the information about their clients who have suffered on account of this action on the part of certain assessing officers. We hope that in future when such matters arise, more members will come forward and share with us information which can, in turn, be made the basis for representations to the higher authorities.

For Bombay Chartered Accountants ‘ Society

Sanjeev R. Pandit,Chairman
Ameet Patel, Co-Chairman Taxation Committee

Hyper-nationalism threatens the idea of liberal democracy in both India and the US

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With the end of the Cold War a quarter century ago, Francis Fukuyama wrote an intellectually exciting book announcing The End of History. He meant that the 19th and 20th century ideological disputes over how to structure society politically had ended; liberal democracy had won a decisive victory. He later wrote several books modifying his early enthusiasm. Today, serious challenges once again threaten the idea of liberal democracy.

Donald Trump’s spectacular advance towards securing the nomination of the Republican Party for the US presidency is a symptom of what’s happening around the world. A growing swell of extreme nationalism, or hyper- nationalism, has become a challenge to core democratic values. The largest two democracies, the United States and India, are witnessing surges of nationalist passion; one is the world’s most influential, while the other is the most populous and arguably the most diverse. The quality, perhaps fate, of democracy in these two nations is of consequence to the future course of political progress. As global society evolves at a time of immense technological and economic change, nativism and identity politics are inevitable reactions. But they pose serious threats to the liberal values that underpin democracy.

‘Liberal’ here is not a synonym for ‘leftist’ as commonly used in the US. Liberalism in the classical sense is the spine of any democratic body politic. It means openness in society and the economy, acceptance of difference and diversity within a frame of tolerance and free speech, public civility and other mores that define democracy. Left extremists have their own peculiar hatreds for liberalism. Today, however, hyper-nationalism is a far-right phenomenon.

Authoritarians of the right and the left have long spouted hyper-nationalistic slogans to coerce people into submission. What is worrying today is that far-right political parties and movements have sprouted across the entire democratic world.

In Europe, where liberalism was reborn in the modern era, right-wing forces are using nativism to corner significant popular support. The trend is evident in not only former Soviet bloc countries like Poland, Hungary and Slovakia, which have relatively recent experience of democracy; it has sprouted across western Europe’s established democracies, including France and Germany.

In India, a hyper-nationalist government led by Prime Minister Narendra Modi has either stayed indifferent or quietly encouraged activists of the Hindutva brigade to carry out numerous instances of cultural-nationalist identity confrontations, often violent, in a country that has a unique range of linguistic, ethnic and religious diversity. Fanning flames of hyper-nationalism is easy in a post-colonial environment; both the right and the left have done it the past. But the Hindu right has added the fuel of an exclusivist religious-cultural identity to a volatile mix to redefine the idea of India.

In the US, the campaign rhetoric of conservatives, especially Trump, is poisonous. Nativist dog whistles have been around for long and two terms of Barack Obama as president have stirred latent identity anxieties in sections of the country’s white population. Now nativist or racist talk is openly voiced by candidates as a nationalist virtue to make America great again.

Does a correlation exist between support for extreme nationalist or nativist views and a desire for authoritarianism? Recent research at the University of Massachusetts, Vanderbilt University and the University of North Carolina clearly suggests there is, writes Amanda Taub at vox.com. But even without scholarly research common sense suggests that hatred or fear of the Other, which is the siren song of nativists, works to undermine democracy. These are values like tolerance of differences in ethnicity, religion, appearance and speech among citizens of a secular democracy; acceptance of a framework of civilised discourse of disagreement; adjusting to a changing sociocultural environment within each democratic nation and in the world.

Moderate conservatives and progressives may differ on the speed and intensity of that inexorably changing reality and on how to deal with it. But they agree to disagree in a democratic manner eventually to elect their preferences to public office. Hyper-nationalists and nativists, on the other hand, challenge the basic norms of democracy. India and the US, at starkly different ends of the global development spectrum, are the world’s prominent examples showing how unifying nationalism can coexist within a liberal framework. The worry is, might either or both succumb to a hyper-nationalism that strangles democracy?

(Source: Article by Shri Gautam Adhikari in The Times of India dated 19-03-2016.)

Nehru-Gandhis and poverty – Dynastic politics is largely responsible for India lagging East Asia

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Has dynastic politics kept India poor? There’s more than a kernel of truth to the idea that the Nehru-Gandhis are responsible for India lagging much of East Asia. The continued hold of the dynasty prevents Congress from fully owning the reform programme that it authored in 1991, and inclines the party towards political postures that hinder development. As long as Sonia Gandhi or Rahul Gandhi remain at the helm, the odds of Congress emerging as a champion of reforms remain exceedingly slim.

In the fever swamps of the far right, many people believe that the Nehru-Gandhis deliberately kept India backward in order to nurture a poor and ignorant vote bank. But you need not buy crackpot conspiracy theories to make a more prosaic point. Between them, Jawaharlal Nehru, Indira Gandhi and Rajiv Gandhi, who ruled India for 37 of its first 42 years of Independence, presided over one of Asia’s great economic flops.

In contrast, neither of post-1991India’s reform heroes – P V Narasimha Rao and Atal Bihari Vajpayee – belonged to the dynasty. Indeed, in practice, if not always in rhetoric, both Rao and Vajpayee generated prosperity by dismantling the economic pillars of the Nehruvian project: mistrust of trade, contempt for the profit motive, and faith in state planning rather than in the invisible hand of the market. Nehru’s flawed ideas – in particular his infatuation with Soviet-style planning – ended up doing India grave harm. But though a few prescient gadflies, most famously the classical liberal B R Shenoy and future Nobel laureate Milton Friedman, raised early alarms about India’s chosen path, for the most part Nehru was simply following the conventional wisdom of his time.

As New York University professor William Easterly details in ‘The Tyranny of Experts’, it took decades to discredit the statist development model touted by such luminaries as Gunnar Myrdal and Arthur Lewis. Indians were not alone in suffering. Millions of Africans, Latin Americans and fellow Asians kept us company. The true villain of modern Indian history, dooming millions of Indians to poverty, was Indira Gandhi. Instead of acknowledging a flood of evidence that state planning was not working, Gandhi doubled down on her father’s dubious legacy. In 1966, the year Gandhi took power, the average Indian earned about fourfifths as much as the average Indonesian and about half as much as the average South Korean. By 1990, on the eve of the balance of payments crisis that forced India to reform, the average Indian earned only half as much as an Indonesian and less than one-sixth as much as a South Korean. More than half of India’s then 870 million people lived on less than the World Bank’s current estimate for extreme poverty of $1.90 a day.

Why does this potted history still matter? After all, since 1991India has gone from being seen as a black hole of despair to a bright spot in the global economy. Thanks to the growth spurred by reforms, only about one-fifth of Indians live in extreme poverty today. Soon enough, that figure will likely be reduced to zero.

In a normal political system, Congress would have elevated Rao to sainthood and quietly banished the discredited ghosts of the Nehru-Gandhis. Instead, party leaders twist themselves into pretzels to retroactively give the dynasty credit for reforms, or pretend that the economic disaster they presided over was in fact a great launch pad for what followed. To be fair, the current crop of Nehru-Gandhis no longer quotes Lenin, as Nehru did when he famously declared that the public sector would occupy the “commanding heights” of the economy. But in general the family’s impact on economic policy remains negative. Contrast, for instance, Manmohan Singh’s record under Rao with his record under Sonia Gandhi. As Rao’s finance minister, Singh boldly unshackled the Indian elephant. As Gandhi’s prime minister, he burdened it with too many wasteful welfare programmes and too few growth-inducing policies.

Meanwhile, Rahul Gandhi’s somewhat forgettable political career has been marked by consistently anti-business rhetoric. In 2010, he scuttled Vedanta’s $1.7 billion bauxite mining project in Odisha. The young Gandhi’s rhetoric about “two Indias” and bizarre animus towards people who “drive big-big cars” suggest a dilettantish preoccupation with inequality rather than a serious focus on eradicating poverty. Though the Modi government is responsible for its own tepid reform effort, there’s no question that Rahul’s jibe about the prime minister heading a “suit-boot ki sarkar” has helped vitiate the policy-making atmosphere.So yes, the critics are right about dynastic politics helping keep India poor.

INTEREST RATES – AN INSIGHT

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Introduction
Interest can be described as the price demanded by the lender from a borrower for the use of the lender’s money. Though, in exceptional circumstances, interest can be agreed as a fixed amount, irrespective of the principal invested and the period for which it is invested; generally interest is agreed at a particular rate for an agreed period. Interest is mostly expressed in terms of annualized percentage, which is called as rate of interest. Interest can be termed as fees paid by a borrower to a lender on borrowed amount as compensation for foregoing the opportunity of earning income or utilizing it otherwise. In simple terms, interest for a lender is a kind of rent for money. For a commercial borrower, it is a cost of capital for his business. For a personal borrower, it is a cost of preponing consumption.

Generally, Interest is paid at the agreed rate and it is payable periodically, by the lender to the borrower. Unless otherwise agreed upon, interest accrues to the borrower on a daily basis. If the interest amount is not paid to the lender, it can also be compounded at the agreed rate. Though interest can accrue on a time proportionate basis, the lenders and borrowers can agree to settle the same after a particular period, on compounded basis. Compounding of interest envisages not only paying interest on principal borrowed but also paying interest on unpaid accrued interest, which remains with the borrower for the contracted time. When interest is not compounded, it is called simple interest.

Major factors affecting interest rates
The major factors having an impact on the interest rates in an economy are as follows.

Monetary policy
A central bank in the country controls money supply in its economy through its monetary policy. If it loosens the policy, it expands money supply, thereby increasing liquidity. Higher liquidity results in a higher supply of credit. If the demand for credit is not matching with the supply, the interest rates tend to fall. The policy measure of increase in money supply can push economic growth but can result in higher inflation. When the central bank tightens the money policy, interest rates tend to rise in the economy due to reduced supply of credit. Such a move may help in reducing inflation. The central bank has to do a balancing act. The change in repo rates can influence the rate of interest in an economy and they have positive co-relation.

The growth rate
High growth rate in an economy may increase the demand for credit thereby causing an upward pressure on interest rates. On the contrary, slowing growth rate reduces the need for credit, thereby having a negative pressure on the interest rate. When an economy is growing at a normal pace, the long term interest rates can remain stable, unless intervened by the Central bank. Generally, the Central bank does not allow pure economic forces to play and while the economy is growing, it may try to control the interest rate by measures such as adjustment of CRR, SLR etc.

Liquidity
The global liquidity levels at a given time as well as the local liquidity in the economy of a country can impact interest rates therein. When liquidity is high, the interest rate can remain low unless there is some other pressure of factors such as slow economic growth, high inflation, civil unrest etc. Lower liquidity will tend to increase the cost of capital, which is given in the form of interest. Excess liquidity can give impetus to carry trade based on currency movements, if the interest rates are low. In such a transaction, money is borrowed in a currency in which interest rates are low and it is lent at high interest rate in some other currency, mostly in some other country. In an economy, in which money is flowing in due to carry trade, the interest rates tend to soften. If they soften beyond a limit so as not to remain attractive, it may result in reversal of carry trade. Likewise, if the interest rates in the currency of the country from where the carry trade has originated goes up, the funds may flow back to the country of that currency, unwinding the carry trade.

Uncertainty in Environment
When there is economic or political uncertainty in a country, the risk of investment increases resulting in hardening of interest rates in its economy. More the risk the lender needs to take, he demands higher rate of interest on the capital lent. When a country is going through an economic turmoil, the interest rates tend to harden substantially, not only due to risk of capital but increase in risk of doing business, which may result in reduced probability of getting the principal back, as per the agreed terms. Similarly, due to political crisis or situations of war or civil unrest, the interest rates may harden due to uncertainty, higher risks, risk to the security etc. Lenders are risk averse. More the risk, they seek more returns and so higher rate of interest.

Inflation
Interest rates in a currency have a positive correlation with the inflation of the home economy of the currency. If inflation is high in a country, it tends to increase interest rates in that economy. In an economy with high inflation, the reward required for capital borrowed also has to compensate the lender adequately for reducing the purchasing power of the money lent over the term of the loan. In an economy wherein inflation is low, interest rates tend to seek lower levels. Generally in an economy, over a long period, interest rates are higher than the inflation. The interest rates, net of taxes, tend to be atleast equal to inflation. Otherwise, person parting with money and taking risks of lending is not benefitted at all as his purchasing power may go down over a period even after receiving interest.

Other factors
Other than the economic factors mentioned above, the following factors specific to the transaction of lending can affect interest rates.

Type, cover and quality of security
Better the quality of security; lower can be the rate of interest. Security, which can be easily encashed makes lender more comfortable and he can offer better terms. If the structure of security is complex and it is not easily encashable or if the lender may have to incur substantial cost to encash the security, he may claim a more aggressive rate of interest from the borrower. Further, if the security cover of the loan is higher, the rate of interest can be lower. Security cover is the value of security as compared to the amount lent and it is expressed in terms of number of times of a loan. Higher the security cover, more the safety of the lender and therefore he may soften the interest rate. Quality of security can also affect the interest rate. A security with stable valuation is preferred by the lenders. The security which fluctuates substantially in value may result in lender asking for a larger cover as well as higher rate of interest due to risk of the security.

Tenure of loan
Longer the loan period, lower could be the rate of interest. A lender takes full risk of the capital lent as soon as he parts with the money. If tenure of loan is very short, the total interest earned by the lender is quite small as compared to the money risked by him. In such a case the lender has to take the full risk of the money lent, till the money is repaid and the reward remains disproportionately meagre. Therefore, for short term loans, higher rate of interest is charged. However, in case of very long term loans, interest rates can be higher than the medium term loans. In such loans, the risk increases beyond the immediately foreseeable future and therefore the lender may charge a higher rate of interest. Such loans are also subject to the vagaries of market rate of interest. In fixed interest rate transactions, the yield to maturity of a loan remains constant but its market value may change. If the interest rates in an economy go up, its market value comes down and vice-versa. This happens more so in the case of loans issued in the form of bonds and debentures, which are listed for trading or otherwise tradable.

End use of the funds
If the end use of the fund is acquisition of a risky asset, then interest rates tend to be higher. A lender will lend to a business investing in manufacturing at lower rates than the business investing in research of technology as the risk of the latter is higher. If the end use is purchase of fixed assets which can be an additional security for the loan, the borrower may get softer terms. Therefore working capital loans generally carry a tad higher rate of interest than term loans given for acquisition of fixed assets.

Credit worthiness of the borrower
The credit worthiness of a borrower is based on his reputation, his net worth as well as his liquidity. The industry in which the borrower operates also makes an effect on his creditworthiness at a particular time.

A borrower operating in an industry which is not doing well has higher risk and therefore interest rate charged to him may be higher. The overall creditworthiness of a party can be expressed in its credit rating as certified by a reputed rating organisation. Better the credit rating of a borrower, lower the interest rate charged to him. Low credit rating can result in higher rate of interest being demanded and in some cases; the borrower may decide against lending or may recall the loan, if the terms so permit. The rating indicates the ability of the business to pay to creditors at a given time and it does not reflect integrity or other finer virtues of a borrower. In case of small borrowers where the credit ratings are not available, various ratios of the financial position of the borrower can be considered by the lender to determine the creditworthiness and therefore the rate of interest to be charged.

Industry of the borrower
A lender can charge differential rate of interest based on the trade or industry to which the borrower belongs to. The industry with longer gestation periods may be charged higher rate of interest as compared to shorter gestation periods. The industry which has seasonal demand only in a particular part of the year may be lent at a higher rate by a lender as compared to the business in an industry which is not seasonal.

Negative interest

Interest being a type of fee paid by a borrower to the lender, it always used to be an income of the lender and an expense for the borrower. However, modern economy has been posing newer challenges to the world, which are dislocating the old beliefs and destroying the old theories. After the recent recession of 2009, the world has been finding it very difficult to bring economies of many developed countries out of low growth / stagnation. To give impetus to investment as well as expenditure, the developed economies encouraged borrowing. The interest rate is the main hurdle which reduces demand for credit and the Central Banks of many developed countries kept on reducing the benchmark interest rates in their respective economies to encourage the borrowers. The interest rates in developed economies like the US, Euro Zone, UK etc., were gradually reduced to near zero levels a few years back. Though some economies like the US could recover due to the cheap credit doled out, the economies of Euro Zone and Japan have continued their stagnation. A few months back, to give push to growth, the European Central Bank reduced its policy rate of interest below zero percent, which means the lender will have to pay interest to the borrower for keeping his deposits. Since January 2016, even Japan adopted this policy of negative interest rate. Some countries like Sweden, Denmark and Switzerland have also adopted negative interest rates. Though this phenomenon does not appear logical, as central banks could dictate their terms in their respective economies, this policy has been adopted. This policy punishes the banks which hold cash instead of extending loans to businesses or to other weaker lenders to lend further. As an effect of negative rates, trillions of Dollars worth Government Bonds worldwide are now offering yields below zero meaning that the investors buying the bonds and holding them to maturity will not get their full money back. As of now, many banks are reluctant to pass negative rate of interest to their customers, due to fear of losing them; although it is applicable for inter-bank borrowings. However, sooner than later, they will have to fall in line and start charging their customers.

Major effects of low interest rates –

1. A lender gets less income thereby affecting his/its income and his/its purchasing power to that extent.

2. Lower interest rates reduce the income in hands of many investors investing in deposits and fixed income earning securities, thereby reducing their taxable income and as an effect, it reduces the tax payment by the subjects. Lower interest rates can create a shortfall in tax collection, unless budgets are accordingly adjusted.

3. Citizens and especially senior citizens living on the interest of their investments have lesser interest income, which reduces their purchasing power. Low interest rates can affect their ability to buy necessities and medicines, which can hamper their welfare.

4. Charities which run their operations out of the income earned from the deposits received from the donors have less income in their hands to use for the purpose of their object and administration. They will have to rely more on the donations which are in nature of current income for their operations.

5. Low interest rates can boost the economy as the entrepreneurs can borrow at cheaper cost for their businesses. It also increases the profit of businesses as interest is one of the major costs.

6. Very low interest rates can spur consumption by way of increased spending as the consumers have less incentive for saving. Increased consumption can boost the economy to an extent but it can hurt a developing economy which is in need of fresh capital.

7. The low interest rates can result in cheaper credit to consumers for buying consumer durables. It may lead to increase in sale of consumer durables such as cars, televisions, electronic gadgets etc., as well as expenditure on holidays and entertainment.

8. Low interest rates may generate a higher demand in an economy thereby increasing economic activity and correspondingly pushing up the growth rate.

9. Lowering interest rates may result in cheaper credit and lesser option for investors to invest their capital, which may result in a rise in stock and property prices in that economy and continuation thereof can create a bubble like situation.

10. When interest rates are low, investors get more desperate to increase their earnings and therefore may patronise riskier class of assets. Over exposure to risky assets is against the interest of investors, as well as the economy.

11. Cheaper credit may push up capital intensive investment replacing labour which over a long period may create less job opportunities and therefore unemployment in an economy.

12. Low interest rates may increase consumerism in a society, which may result in excess personal borrowing by the subjects. If the economy slows down or goes into recession that may hamper the ability of the borrowers to repay the loans, resulting in substantial bad loans thereby derailing the banking system as well as economies. Excessive credit defaults or bankruptcies may result in low morale and low consumer confidence, which may affect the overall health of an economy.

13. Lowering of interest rates can give a boost to corporate profits due to lower expenses, thereby increasing the share prices of the companies, especially those which have large outstanding debt and may trigger a stock market rally. However, the sustenance of the rally is dependent upon the growth of the economy.

14. Lower interest rates give a fillip to the housing sector as a borrower can borrow more amounts with the commitment of the same equated monthly installment (EMI).

15. The fixed deposits and the bond/debenture holders are generally the sufferers in the low interest regime. They can reduce their allocation to this asset class in such a phase. However, lowering interest rates generally result in lowering yield on debt securities which results in increase of bond/debenture prices carrying fixed coupon, which may give some respite to the bond/debenture holders.

16. Low interest rates trigger an increase in appetite of investors for precious metals and precious stones, as low deposit rates can make investors partly shift their asset allocation to this asset class.

17. Reduction of interest rates can cause pressure on the currency of the country as capital may flow out to other countries, where interest rates are higher. However, if the currency of the home country is basically strong and inflation therein is low, then the outflow of currency can get restricted, giving stability to the economy as well as the currency.

On one hand, lower interest rates may generate growth by increasing consumption and investment but on the other hand dampen the growth due to reduction in purchasing power in hands of certain sections of society and institutions, which are dependent on interest income. The final effect depends on the weightage of the respective factors prevailing in that economy.

The Indian scene
India has been struggling to cope with high interest rates prevailing in its economy for many years. One of the major reasons for the same is high inflation prevailing in its economy. In the current global scenario of very low interest rates prevailing in developed economies, this high cost of capital has been hurting Indian businesses. It has slowed down investment activity. Cost of capital being high, it has also affected the cost of production thereby eroding the cost efficiency of the Indian businesses; as compared to many developed economies, in which borrowing costs are negligible. The Government has been very much in favour of reduction of interest rates but the Reserve Bank of India (RBI) had been very cautious as it feared that the reduction may fuel demand push inflation in the economy, already suffering from inflation due to supply side constraints. Over the last few years, systematic efforts have been made to reduce the inflation in the country, especially by strengthening of the supply side, by domestic production as well as imports. The efforts have started yielding results and consumer price inflation (CPI) index has come down from 9.70% in 2008 to 5.72% in 2016 and it is expected to ease further. During the period, the RBI has reduced the benchmark interest rates in the form of Repo rates from 9% in 2008 to 6.50% now; and this is not the end of the reduction process. If the inflation remains in control, as is expected in the near future, the interest rates can further come down. Investors need to align their investment strategies to falling interest rates in the days to come.

India has recently started its journey towards low interest rates and it is likely that on the back of sustained economic growth, the country may continue its journey towards further lowering of the rates, albeit gradually. Many of the developed economies in the world have low interest rates which are sustained for long periods of time. If India continues its growth at the current rate and can control inflation, the interest rates in the economy may gradually reduce. Indian investors as well as consumers are not accustomed to low interest rates. Investors will have to adjust their investment strategies to fit in to the new environment. Senior citizens as well as institutions relying more on interest income for their sustenance will have to realign their consumption / spending patterns. Lowering of interest rates may hit hard this particular section of the society. On the flip side, the businesses will have reasons to cheer due to low interest cost and EMI paying consumers will get delighted.

Conclusion
Interest rate is one of the major tools in the monetary policy of a Central bank. In the recent years, the RBI has made a calibrated use of the same inspite of pressures from various quarters. This has resulted in lowering of inflation in the economy without affecting the growth much. Lowering of interest rates over a period will give great advantage to the Indian economy as costs can go down and become more competitive. This will also support the ‘Make in India’ movement.

PSU Banks’ Bad Loans – Lax legal system – Swift action in the Vijay Mallya case is important

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A day after a consortium of 13 banks approached the Supreme Court to prevent controversial industrialist Vijay Mallya from leaving the country, the court was told on Wednesday that the former chairman of United Spirits Limited had been in London since March 2. While he may not be able to escape the legal process for long, as the Supreme Court has issued notices to him, the entire saga is an example of how crony capitalism has grown deep roots in the country and how banks have dragged their feet when big names are involved. Several of his lenders have a lot to answer for, if they have to counter the growing perception about their cosy relationship with an errant promoter. Why, for example, did they take four years to move the apex court? How could they lend crores of rupees to Kingfisher when pledged assets were only one-tenth of the value of the loan? Or, as the apex court asked, why were loans given to Mr. Mallya when he was a defaulter and was facing legal proceedings? It’s also not clear how banks attached such a high value to the Kingfisher Airlines brand and used it as collateral for giving huge loans. The government’s promises apart, public sector banks still await an institutional mechanism and an operational environment that can insulate their lending from political and other influences.

The country’s legal framework has also added to the problem; for example, after United Bank of India declared Mr. Mallya a wilful defaulter, a court struck it down on technical grounds. There are countless other examples of promoters delaying the loan recovery process on some legal grounds or the other, thereby allowing wilful defaulters to become “freeloaders” – to borrow a term used by Reserve Bank of India Governor Raghuram Rajan. As the Kingfisher example shows, an inordinately long time in taking action against defaulters only helps in erosion of the value of the underlying assets, leaving nothing much to banks. In that context, the bankruptcy code now in Parliament is of critical importance. Like in the West, a modern law with a focus on speedy closure will help firms on the brink to be either restructured or sold off with limited pain for all involved. In some cases, if this is done swiftly, assets can be put to good use and the firm can be revived. Fast-track courts too are needed in India to take these cases to closure fast.

India does have some laws – including one on securitisation and reconstruction of financial assets and enforcement of security interest or the SARFAE SI Act – and other mechanisms, like Strategic Debt Restructuring, to address the problem of corporate insolvency. But many of these laws or guidelines have not worked because of inefficient enforcement. For example, banks rely on debt recovery tribunals that were created under a 1993 law to help financial institutions reclaim loans. But the tribunals have been swamped with so many cases that it may take at least another four years to clear them. Mr. Mallya is right when he said on Sunday in a grandiose statement that while he has been declared a wilful defaulter, many large borrowers who owe much more have got away. But swift action on the Mallya case is important, as it will set a strong example for the rest of the large defaulters who have taken the banking system for a ride.

(Source: Editorial in the Business Standard dated 10-03- 2016.)

Quota Blackmail – Roots of Jat agitation lie in lack of jobs which needs fixing, but giving in sets a bad precedent

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Nine days into Haryana’s Jat reservation stir 19 lives have already been lost, almost 200 have been injured and economic damage is estimated at a staggering Rs 20,000 crore. The government of chief minister Manohar Lal Khattar, who was heckled in the epicentre of the agitation in Rohtak, has unfortunately agreed to bring a bill for quotas to Jats in the state assembly’s next session.

The government’s willingness to capitulate before agitators who used violent means sets a bad precedent. Not only did the rioters bring the state to a standstill, they also damaged Delhi’s water supply network, which will take another two weeks to bring back on par.Giving in to such street tactics by those who are essentially pursuing a political demand can only harm the polity . Attempts to finalise the Jat quota will create further trouble.

The Supreme Court has set a 50% cap on quotas, exceeding this is illegal.

But to stay within the quota will have to be carved out of someone’s else share. It will then be the turn of that community to agitate. The results will also be keenly watched by dominant castes elsewhere such as Patels in Gujarat, Kapus in Andhra Pradesh and Marathas in Maharashtra all of whom want reservation. We could soon see eruptions elsewhere, if not in Haryana.

In the short term, governments need to hold their ground. They cannot sidestep this issue by conceding more quotas. And in the long term all political parties need to question some axioms of populist politics today . Firstly, caste quotas should not monopolise our notions of social justice. We need subtle rather than sledgehammer forms of affirmative action, for example, a points-based system that gives most weightage to economic deprivation.

Secondly, creation of jobs is falling radically short of India’s demographic demand. Economic policy must be indexed to job growth rather than GDP growth, reforms that grow jobs must be pushed through. These include radical labour reforms which incentivise the creation of more jobs, facilitation of land acquisition by industry , as well as educational reforms which radically improve the quality of public sector institutions while uninhibitedly inviting the private sector to play a greater role. If we fail to undertake these and similar job-creating reforms the Jat stir will not be the last reservation agitation we will see, damaging though it might have been.

(Source: Editorial in The Times of India dated 24-02-2016.)

How we must Redraft Education Policy

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The legal and regulatory environment of our education system is in a sorry state. A statement from IIT Bombay faculty has spoken of the pitfalls of government overregulation of higher education. But the problem exists across the spectrum: pre-primary, K-12, colleges, universities et al.

I am sure no one would disagree that we need more innovation in our education system. But where do we really stand in recognising that our education system is weighed down by decades of inefficiency and red tape? Students, parents, schools and colleges are victims of this daily malaise. Governments have been unable to support government schools, but they are more eager to meddle with the private school system. This calls for a radical change in mindset.

Private unaided education should not be looked at through the same prism as government run or even private aided education. Alas, that is exactly what is happening. Take the example of the recent spate of Fee Regulation Acts across states such as Maharashtra, Tamil Nadu and Rajasthan. Private unaided schools now need the approval of the respective state governments and in the case of Maharashtra, the parents, through an executive committee, before they can increase their fees!

No one forces anyone to attend these schools and they are in any case prohibited from profiteering and charging any sort of capitation fee. They need to comply with RTE as well. So why then interfere in their fee setting process? If parents have a grievance they can always approach the state’s education department.

This is nothing but blatant interference in what is essentially a fundamental right under our Constitution that allows schools to practise their occupation without unreasonable restrictions. This is what an 11 judge bench of the Supreme Court held in the TMA Pai case. Fee regulation also leads to corruption, favouritism and an overall adversarial atmosphere.

Kids are the biggest losers. Schools have to justify each penny they wish to charge and that will invariably lead to financial pressure on the schools, which in turn will have a domino effect on the quality of education and availability and cost of finance.

It’s also ironical that 100% FDI is permitted under the automatic route in education in India, but that investment has to be in a not for profit entity subject to all these restrictive regulations! Yes, there was a time and place for a more socialist approach to education. India was newly independent and needed a number of safety nets. But fast forward to 2016, and a lot has changed.

We need less government in the private sector, more entrepreneurship, higher quality of education and freedom for private schools to make their own decisions. The government instead of interfering with private schools should focus on improving the government school network. This too will require participation from the private sector. Governments are strapped for cash and need this support. PPP in various forms can prove to be highly successful. We have seen successes in Africa and Latin America in the low income private school sector and we need to replicate that in India. This requires governments to free their minds and not look at private education with suspicion.

There are six things that state governments and regulators can do. First, focus on improving government schools with the help of reputed private players in the low income private school sector.

Governments can let the private sector adopt schools and run them as low cost schools. This has been successful in Latin America and Africa. Research has shown that even those with lower incomes would prefer to pay a little for quality education rather than sending their kids to free government schools where nothing is taught or learnt.

Second, repeal fee regulation and other regressive rules that interfere with the management and functioning of private unaided schools. Instead, retain the power to grant approvals for setting up schools, ensure quality control through a self-regulation mechanism and prevent capitation fees being charged.

Third, boards of affiliation need to be more pragmatic in their oversight. Procedures and other rules and regulations should recognise the role played by technology and be amended to reflect our times. Fourth, allow private unaided schools to choose a legal structure of their choice rather than restricting them to “not for profit” structures. This will enable schools to raise more funds and improve the quality of education without having to create “innovative” structures to do so. Haryana permits schools to be set up by companies. Companies have far more regulatory obligations and reporting requirements compared to trusts and societies! This therefore should not be a concern to governments.

Fifth, distance education programmes should be liberalised and not shackled by territorial jurisdiction limits. The new distance education guidelines should be drafted in a manner that allows cross border access and must do away with the concept of state boundaries.

Sixth, the government has been very proactive in liberalising FDI, preparing a startup policy and an IP policy. They should draft the new national education policy with the same zeal and ensure it’s a forward looking policy, which takes into account the role of technology and also modern and progressive systems of learning.

The sooner the government realises that over regulation kills innovation, the better for education, students and the government’s own development goals.

(Source: Article by Vivek Kathpalia in The Times of India dated 23-02-2016.)

Budgets – the long view

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The flood of commentary that follows the presentation of a Union Budget focuses quite naturally on the immediate numbers. However, it is the long view that often proves more educative. Taking the perspective of the last decade, budgetary numbers present some clear trends.

To start with, central tax revenue and GDP will have remained in lock step: GDP (at current prices) is expected to have grown 3.4 times over the decade to 2016-17; so is budgeted tax revenue for next year. However, the states’ share of this revenue will have multiplied 4.7 times, leaving net central tax revenue to grow barely three-fold — and therefore slower than GDP. That the fiscal deficit has been controlled, regardless, is because of the spectrum bonanza that the government has engineered.

The contribution of different taxes to the total tax kitty has seen changes. Income-tax revenue is budgeted to have grown significantly faster than GDP, multiplying 4.3 times over the decade. Since GDP has grown only 3.4 times, people are now paying a greater share of their income as tax. Companies have not been as generous — corporation tax revenue is budgeted to have grown at nearly the same speed as GDP. Don’t blame the companies, though. The stress in the corporate sector has caused the share of profits in GDP to drop to a low point. If companies start doing better and reporting profit growth, corporation tax revenue will see a boost, not just in absolute terms, but also in relation to GDP.

Among indirect taxes, the star performer is service tax, whose revenue next year is budgeted to be a massive six times greater than a decade earlier. This is not just because service tax rates have been raised, but also because the coverage of the tax has been expanded. However, the other indirect taxes have disappointed. Customs duties, for instance, are budgeted to grow next year to just 2.8 times the level a decade earlier. This could indicate that duty rates have been dropped, making the economy more open than before, or that there has been a change in the import mix, towards items that attract lower duty. Alternatively, more imports are duty-free because they feed exports. Whatever the reason, the collection rate for Customs duty has dropped to barely 8 per cent of total imports in the last full year, compared to about 9 per cent of imports a decade earlier.

Finally, there is the other underperformer, excise duty. Revenue from this is budgeted to grow next year to just 2.7 times the level a decade earlier — making it the slowest-growing tax item, and growing slower than GDP, although the share of manufacturing in GDP has not fallen. The primary reason for the slippage is probably the fact that excise duties were lowered in the wake of the financial crisis of 2008, and are yet to be taken back up to the level that prevailed earlier. Perhaps finance ministers have stayed their hand because imposing higher excise duties might affect already depressed demand for a range of goods.

What conclusions should one draw from these numbers? First, the faster growth of revenue from direct taxes (on income and corporate profits) is to be welcomed as it makes the tax system more progressive. That customs duties are growing slower than both GDP as well as imports is also to be welcomed, if it can be confirmed that this is because duty rates have dropped and made the economy more open. However, the fact that taxes on manufacturing are growing slower than GDP should cause concern. Overall, the government’s total expenditure in relation to GDP is the same as it was a decade earlier. This tells us that, for all the excitement over annual budgets, finance ministers have little leeway for introducing change until the share of taxes in GDP grows. That will happen when the economy recovers momentum — corporate profits will grow and yield more taxes, and excise duty rates can be taken back to where they were before the 2008 crisis.

(Source: Weekend Ruminations by T. N. Ninan in Business Standard dated 12-03-2016.)

The real threat to India is not Kanhaiya, it’s lack of jobs

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Indian political life is rich in ironies. A leftist student leader, Kanhaiya Kumar, is arrested for sedition and anti-national conduct. The arrest turns him into a hero and a symbol of the freedom to dissent. The home minister defends the arrest by wrongly citing the United States as an exemplary democracy that doesn’t tolerate anti-national dissent.

Continuing strident protests crowd out a fine annual Budget of the government. In a magnificent speech, the ‘symbol of freedom’ reveals his true colours, espousing a statist ideology that does not allow economic freedom and has a record of killing millions for dissenting.

Prime Minister Modi’s great achievement was to broaden the appeal of the BJP in 2014 to a vast number of aspiring Indians who were swept by his rhetoric of jobs, growth and vikas. He thus created a genuine Indian conservative party made up of an ‘economic right’ and a ‘cultural right’, resembling the Republicans in America and the Conservatives in England.

Many on the economic right had little sympathy for Hindutva but they took a calculated risk, hoping that Modi would keep the cultural right under control, as Ronald Reagan did in the US and Margaret Thatcher in the UK.

Two weeks ago the government presented a prudent, jobcreating Budget that rightly offered a ‘new deal’ to rural India. Particularly inspiring was the announcement of a mission to finally liberate millions of women in the villages from smoke-filled chullahs in their kitchens by giving them access to cooking gas, and removing at one go the most pernicious form of pollution that blights the lives of Indian women. It also sent a powerful message to Bharat — rural India too could aspire to the lifestyle of urban India!

Grabbing eyeballs: The sedition row crowded out the Union Budget and its new deal for rural India.

The second nugget in the Budget was to give statutory authority to Aadhaar, which paves the way to deliver cash transfers into the bank accounts of the poor via mobile banking (including the women who will shift to cooking gas from cow dung). It is extraordinary that 98 crore Indians already have Aadhaar numbers, almost the same number as mobile phones, and 20 crore families now have bank accounts.

There will always be concerns related to privacy in a national identity program but I believe the Aadhaar bill addresses these fears. Plenty of countries have also solved this problem. The dramatic gains in the public delivery of subsidies and benefits to the poor via Aadhaar far outweigh the potential risks to privacy.

The Aadhaar bill is as transformative as any legislation introduced in India’s parliament. There were other gems in Jaitley’s Budget but all these were quickly forgotten, crowded out by the massive coverage of Kanhaiya, the new darling of the Indian media. Meanwhile, the future of the aspiring millions is in serious jeopardy.

The economy needs to accelerate by two full percentage points to deliver the required jobs. The Budget does offer the potential to do so but it will need single-minded attention to execution. The Prime Minister cannot afford more distractions like the sedition controversy, and he must control the cultural right if he wants to deliver his election promise.

The BJP government made the mistake of making a martyr of Kanhaiya. He is not a threat to India. The real threat lies in the failure to create jobs. If Modi wants to deliver vikas and restore credibility with the economic right of his party, he must control the cultural right and focus single-mindedly on executing his Budget.

(Source: Extracts from an article by Shri Gurcharan Das, & former CEO of Procter & Gamble India, in The Times of India dated 13-03-2016.)

The Indian classics belong to the world, and no one has exclusive rights – Rohan Murty

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Ancient India represents more than 3,000 years of extraordinary literature, science, history, and culture. Yet, the world is fast losing and not sufficiently replenishing scholars who can access, digest, and share these treasures with the modern world.

In recent times, the Bhandarkar Institute, Sanskrit College (Chennai), Deccan College, and Bharatiya Vidya Bhavan have been among the plethora of institutions that hosted generations of great classical scholars, and my family has had the honour of supporting them philanthropically. Yet, economic pressures and a change in societal priorities, among other issues, have resulted in very few people in my generation studying the classics as their first choice. This trend is worrying and begs the question: who will continue to study, intelligently debate, and widely share the extraordinary knowledge that we have gathered over several millennia?

To turn this tide we must work together to ensure that the knowledge of ancient India lives on for generations to come. This requires several efforts that will collectively work towards a future where the study of ancient Indian history, mathematics, classics, literature, etc will proliferate across the world and be as vaunted as the study of ancient Greece or Rome. One where the citizens of the world will marvel at what the ancients here did.

It is for this reason that I support the Murty Classical Library of India (MCLI), a non-profit whose aim is to assemble the best scholar-translators worldwide to edit, translate, and annotate the greatest works in classical Indian literary and intellectual history. Our hope is not only to bring to readers everywhere pleasure and instruction, but also pride to the people of India at the luminous achievements of our poets and thinkers. At the same time, we are actively working to encourage young people to familiarise themselves with classical texts, to learn the original scripts, to seek help from our annotations, and actually begin to read not only the English translations but also the original Indic works on their own.

MCLI is perhaps the most ambitious translation project, spanning over two millennia and 14 classical Indian languages. Our expert translators range from Vanamala Viswanatha (Kannada) in Bengaluru to Christopher Shackle (medieval Punjabi) in London to David Shulman (Telugu and Tamil) in Jerusalem to Velcheru Narayana Rao (Telugu) in Atlanta. These are just a few of the many world-class scholars translating for MCLI, each of whom reflects our mission to find the best scholars for each text and language, wherever they might reside. Translation is an art form and our editors and scholars work together to ensure that the translations remain faithful to the source. Sheldon Pollock, our general editor, is an extraordinary scholar who, along with the rest of our staff, works tirelessly to create the most exacting scholarship possible. Sheldon himself was fortunate to train under India’s brilliant academics, such as M. V. Patwardhan and Srinivas Sastry (Pune); P. N. Pattabhirama Sastry (Varanasi); Balasubrahmanya Sastry (Mantralayam); and Venkatachala Sastry and Vidwan Nagaraja Rao (Mysore). His dedication and passion for producing high-quality and faithful translations that will outlive us all is evident to anyone who actually reads an MCLI book.

Recently, there have been suggestions that political alignment should inform participation in MCLI. On the contrary, politics has absolutely no place in the work we do at MCLI and thus is not a factor in determining who collaborates with us. This is an enterprise of pure scholarship and genuine love, period. That said, participation in MCLI does not preclude people from holding or expressing their political views on matters outside the purview of MCLI. That is a fundamental right that we will not abridge.

I am proud to have such a diverse mix of scholars contributing to MCLI, as ancient Indian classics ought to have universal appeal. They are as much a part of world heritage as Greek, Latin, or Chinese classics. Hence I do not agree with the view that classical Indian scholarship is the sole purview of Indians, no more than I believe that the study of Shakespeare ought to be exclusively left to the English. In fact, some of the best-known scholars on English literature are Indians! On this note, I am inspired by what the Mahatma said: “I do not want my house to be walled in on all sides and my windows to be stuffed. I want the cultures of all the lands to be blown about my house as freely as possible. But I refuse to be blown off my feet by any.” Sadly, as a society today we have let our institutions, manuscripts, and scholarship in these areas fall into a state of disrepair. And this I am going to help rebuild.

Notwithstanding its early momentum, however, MCLI alone cannot be the panacea for the challenges ahead. At best, MCLI will produce some 2,500 volumes over the next 500 years, yet there are possibly millions awaiting translation. Given all that’s to be done, I hope we can spend less time pitting Indian against Indian and instead think earnestly about how to best preserve our cultural heritage for generations to come.

There is far too much to be done in far too little time. MCLI is just one of many initiatives I hope to support in my lifetime to ensure that the institutions, manuscripts, and scholarship in the areas of the classic endure. I look forward to working constructively with anybody — be they ethnically Indian or otherwise — as long as they are honest scholars of the highest calibre interested in advancing the same visions articulated here.

(Source: Article by Shri Rohan Murty, sponsor of Murty Classical Library of India , in The Times of India dated 06.03.2016)

Bad loans – Reform banking beyond naming & shaming – India’s political economy has to change, too

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The Supreme Court (SC) has asked India’s central bank, the Reserve Bank of India (RBI), to hand over a list of all companies that owe more than Rs 500 crore to (mainly) state-owned banks, but whose promoters continue to live, well, in some comfort. The second criterion is dicey, since what constitutes high living tends to be subjective, but it should be an easy matter for the RBI to hand over a list of the major defaulters. Since taking over in 2013, RBI governor Raghuram Rajan has been fighting a lonely battle to get banks to clean up their books, seize assets of habitual defaulters and impose some discipline in the country’s moth-eaten lending system. The SC order strengthens his hand in the fight to break the cronyism between bankers and promoters. This is welcome.

The court can reveal the names handed over by the RBI. Naming and shaming might achieve results that gentle nudges have failed to deliver. However, such a list of names would contain the names of both those who wilfully borrowed too much to achieve too little and defaulted in desultory impunity and those who fell to unanticipated political risk that compounded normal business risk in the period of policy paralysis after a former telecom secretary was sent to jail in 2011. The point, really, is to reform banking as practised in the public sector, redeem banking decisions from political/bureaucratic interference. That, in turn, calls for overhauling political funding to make it transparent and free of the proceeds of corruption, besides overhaul of ownership and control. The malaise in banking has its roots in our political economy.

Rajan’s job would have been simpler had he been armed with a modern bankruptcy law similar to the US’. Yet, parliamentary logjam has thwarted India’s new bankruptcy code, which could permit swift resolution of bad loans. The government must prioritise this as the number one item on its legislative agenda and get it passed in the Budget session. Of course, for this, it would need to engage the Opposition, instead of calling it antinational and other names. (Source: Editorial in The Economic Times dated 19-02-2016.)

Narendra Modi, Mark II

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Has Narendra Modi re-set his political sights? He talks now of the poor,
not the neo-middle class that featured in his campaign manifesto and in
Arun Jaitley’s first Budget. When railway finances are in poor shape,
he decides to not raise railway fares – though fares cover barely
twothirds of cost. He has done a dramatic about-turn on the rural
employment guarantee programme, which he no longer damns as a monument
to Congress failures. The promise of minimum government has gone out the
window. And he sounded defensive, even beleaguered, when he spoke the
other day of conspiracies to “finish” him – conspiracies by civil
society activists, if you please, while he (i.e. Mr. Modi) was busy
working for the people.

To many observers, that sounded like
Indira Gandhi who campaigned in 1971 by saying: “They say ‘Indira
hatao’, I say ‘Garibi hatao’.” Though her economic policies did little
to remove poverty, she is remembered by the poor as someone who stood
for and by them. It is beginning to look like Mr Modi thinks that is not
a bad place to be. Typically, the arrival of “Modi Mark II” is to be
marked by a kisan maha sammelan in Delhi, with 100,000 farmers to
attend. So the nervous question in business circles is: will Mr Modi,
less than two years into office and wounded by Rahul Gandhi’s
“suit-boot” jibe, use the Budget to announce his new political
positioning?

If he does, there will be parallels with P. V.
Narasimha Rao, who turned his back on economic reforms in 1993, two
years after launching them, because of electoral reverses in two
southern states. Soon Rao was to announce freebies on Independence Day,
while Manmohan Singh as finance minister grumbled in an interview that
you could not spend your way to prosperity. The record of other prime
ministers too shows how much can change when a prime minister is faced
with the two-year challenge. Elected to the Lok Sabha in 1967, Indira
Gandhi faced a political challenge in 1969 and wrested the initiative
only by splitting the Congress and launching on a reckless string of
nationalisations and ruinous tax measures. Reelected in 1971, she was
faced with JP’s anti-corruption movement by 1973, and eventually imposed
Emergency rule. Elected a third time in 1980, she had to confront
Bhindranwale’s “Dharam Yudh Morcha” in 1982, leading to the Punjab
insurgency that eventually cost her her life.

When it came to
Rajiv Gandhi, the Bofors scandal hit him shortly after he completed two
years, in 1987; he would never recover the political initiative. As for
Mr. Vajpayee, re-elected in 1999, the challenge came midway into his
term, from the Rashtriya Swayamsevak Sangh boss K. S. Sudarshan. Their
power play was on the swadeshi issue; Mr. Vajpayee stood his ground. And
Manmohan Singh, two years into his second term, was hit in the solar
plexus by the government’s auditor; his government remained paralysed
till its term ran out.

Mr. Modi faces no real political challenge
or crisis, least of all because of civil society activists. But he
recognises that some of those whom he enthused in 2014 are now a
disappointed lot, even as successive droughts have caused severe
distress in the countryside. While it is entirely right that he should
address that urgently, the danger with “Modi Mark II” is that he will
focus on giveaways rather than the tougher task of boosting productivity
(and therefore farm incomes). In a search for a more secure political
constituency, Mr. Modi might even be tempted to revert to the failed
policies of Indira’s time: trade protectionism, redistributive taxes
that encourage evasion, and policies that favour government-funded
investments rather than private sector recovery. One hopes not.

(Source: Weekend Ruminations by Shri T. N. Ninan in Business Standard dated 27-02-2016.)

49TH RESIDENTIAL REFRESHER COURSE (RRC ) OF BOMBAY CHARTERED ACCOUN TANTS SOCIETY (BCAS)

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49th Residential Refresher Course (RR C) of Bombay Chartered Accountants Society (BCAS) was held between 22nd January, 2016 and 25th January, 2016 at Novotel Imagica, Khopoli.

Mr. Raman Jokhakar, President of BCAS welcomed the participants and highlighted the activities of BCAS.

Mr. Uday Sathaye, Chairman, Seminar Committee gave an idea, to the participants about the 49th RRC and then introduced the Chief Guest Mr. Narendra Sarda, Past President of ICAI.
After lighting of lamp, the inaugural speech was delivered

by Narendrabhai. He dealt with the subject “Identifying, Evaluating & Mitigating Risk in CA Profession”. He presented his views considering the present scenario particularly, the extensive regulations imposed by regulators which were required to be followed by Chartered

Accountants. He explained the need for more planning and elaborate reporting to minimize risk. He emphasized the adoption of technology for survival. Both Internal and External risks were explained by him. His extempore speech in his unique style of presentation without referring to a paper was appreciated by the audience. It was indeed a great experience to learn from Mr. Narendra Sarda.

Mr. Rajesh Kadakia then replied to the issues raised by the group leaders during the course of discussion on his paper Charitable Institutions-Tax issues. He explained in his very lucid style, the various nuances of the provisions of section 11 to 13 of the Incometax Act. He pointed out that these provisions were virtually a self-contained code, and it was necessary to understand them thoroughly before dealing with taxation of charitable trusts.

The session was chaired by Mr. Pranay Marfatia, Past President of BCAS.

23rd January 2016


On 23rd January, 2016 Advocate Shailesh Sheth presented his paper on “Goods and Services Tax (GST)”. He dealt with the subject in depth and voluntarily continued the session in the evening to clarify the doubts of the members.

The session was chaired by Mr.. Govind Goyal, Past President of BCAS.

Mr. Jayesh Gandhi then elaborated “Audit Issues under Companies Act, 2013”. His Audit experience and knowledge added value to his presentation. He dealt with the various controversies arising out of the provisions of the Companies Act 2013. He pointed out that the new provisions had increased the responsibilities on auditors.

The session was chaired by Mr. Ashok Dhere, Past President of BCAS.

24th January 2016


On 24th January, 2016 Mr. Sanjeev Pandit, Past President of the Society made a presentation on “ICDS – Ease of Doing Business”. He explained the various controversies arising out of the new computation standards. He felt that the mandatory compliance with these standards would increase litigation rather than reducing it.

The session was chaired by Mr. Rajesh Shah, Past President of BCAS.

Thereafter, Mr. Jayant Gokhale dealt with “Issues and Pitfalls in Audit as per SAs (Standards on Auditing)”. His presentation on the subject was really an eye opener. Being an Auditor, many times, we miss Auditing Standards while reporting. The points discussed by him based on his experience as Former Central Council Member and Member on Accounting Standard Board was beneficial to the members. His presentation will be remembered in times to come.

The session was chaired by Mr. Rajesh Muni, Past President of BCAS. The evening was made special by Shri Mahesh Dubey. He presented Hindi Poetry. He covered many issues in a poetic manner to convey the feelings of people at large about politicians etc. Not only his presentation but the composition of poetry was also superb & meaningful.
 
25th January 2016


On 25th January, 2016 Mr. Gautam Nayak, presented his views on “Issues under Section 14A 56(2) (vii) (viia) and (viib) of Income-tax Act, 1961”. He replied to the queries raised by members during group discussion. Though the provisions of section 14A and section 56 have been on the statute book for some time the controversies and litigation showed no sign of abating. He explained to the members as to what care one needed to take to mitigate tax risks arising out of these provisions.

The session was chaired by Mr. Anil Sathe, Past President of BCAS.

Some of the members who attended the RRC for the first time gave an encouraging feedback and made suggestions about the 50th RRC to be organized next year.

RRC concluded with some of the enthusiastic members visiting the theme park adjacent to the venue. Overall, it was a very successful programme, like every year

Observations and Suggestions on GST Business Process

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22nd February 2016

To
Shri Arun Jaitley
The Finance Minister
Government of India
New Delhi

Respected Sirs,

Sub: Observations and Suggestions on GST Business Process

This is with reference to various Reports on draft business process of GST, hosted on the Website of DOR inviting comments from stake holders and public at large, we could like to take this opportunity to present before you some of the views of our members.
May we request your good selves to kindly consider the same appropriately while finalizing the actual business process on proposed Goods and Services Tax (GST).

Yours Sincerely
For Bombay Chartered Accountant’s Society

Raman Jokhakar
President
Bombay Chartered Accountants’ Society

Govind G. Goyal
Chairman
Indirect Taxes Committee

China avalanche stokes fears of global recession

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An avalanche of dollars exiting China threatens to smother all emerging markets (EMs), including India, and cause a global recession. Almost $ 600 billion have exited China in the last six months, a mammoth $100 billion per month. This would have emptied the forex reserves of almost any other country , but China still has $3.3 trillion left. However, it cannot afford a continuing outflow at this rate.

Its government placed curbs on stock markets to combat crashing values, but withdrew these when they proved ineffective. It is committed to making the yuan a reserve currency like the dollar. But this obliges it to allow capital to enter and exit reasonably freely, and hence risks further capital flight. For decades the Communist Party has firmly controlled the economy . But no more.

The Chinese avalanche has helped accelerate dollar outflows from all EMs (emerging markets). The Sensex is down from 30,000 to 24,400. The rupee has gone from Rs 62 to Rs 67.70 to the dollar. Yet India is the best EM performer: others are truly battered. Worse, the prices of oil and other commodities keep falling, a recessionary portent.

China has been slowing for two years. Pessimists like Ruchir Sharma of Morgan Stanley have long worried that total debt in China, induced by government stimuli, has shot up from 150% of GDP to 250%. History suggests that this will end in tears. The pessimists sneer at official Chinese figures showing almost 7% growth. Using alternative indicators like electricity consumption and rail freight, they argue that true growth could be just 4-5%.

However, optimists like Nicholas Lardy of the Peterson Institute say China is simply rebalancing its economy. Earlier, growth was driven by industrial exports and investment. But now China wants, correctly, to switch to an economy driven more by domestic consumption and services. This means slower GDP, but 6-7% growth is very respectable for an economy that in PPP terms is now the largest in the world. The optimists say indicators like rail freight and electricity may suggest slowing industry, but that is exactly what the Chinese government aims for by emphasizing services. So, the optimists say, there is no crisis, just sensible rebalancing.

Six months ago, one could take either view. But now the Chinese are voting for the pessimist’s version through capital flight. Individuals can remit $50,000 a year abroad. Some Chinese companies are investing abroad. But over half the outflow has a political explanation.

The fleeing billions are probably the ill-gotten gains of former Communist Party officials and their super-brats (often called “princelings”). They are being targeted by Communist Party chief Xi Jinping for corruption. Former security chief Zhou Yonkang and his colleagues have been arrested. Xi’s predecessor, Jiang Zemin, and his two sons have been placed “under control”, suggesting they may eventually be arrested. Xi is perhaps targeting the entire top leadership of the Jiang era. The resulting political struggle could have serious economic consequences.

Meanwhile Global Economic Prospects (GEP), the World Bank report on the world economy , has flagged the risk of a coming recession. The bank is too political (all its members are governments) to actually predict a recession. So, GEP forecasts world GDP growth rising from 2.4% in 2015 to 2.9% in 2016, and says the chances of a recession are low.But it then admits that EM growth has fallen below forecast levels for years. It says that if in 2016 the EMs underperform as much as in 2010-14, and if financial panic like the “taper tantrum” of summer 2013 recurs, then global growth could collapse to just 1.8%. This will be below the 2% widely used to benchmark a global recession.

Ultra-low interest rates in advanced economies have in recent years led trillions of dollars to flow to EMs in search of higher yields. A return to normal interest rates in advanced countries could induce a huge reverse flow out of EMs. That process seems to have begun with the raising of US interest rates.

In the 2000s, China accounted for half of all incremental world demand for commodities. Its slowing has caused the global demand for -and price of -commodities to collapse. Oil is now under $30barrel, one-third of its rate in 2014. Commodity exporting economies are in dire straits.Brazil and Russia are in recession. Many Asian manufacturing economies are part of global value chains using China as an assembler, and have also been hard hit by China’s slowdown. India has been a resilient exception since it is a net commodity importer, and is not part of world value chains. But if the world falls into recession, India will be dragged down too.

(Source: Article by Swaminathan S Anklesaria Aiyar in The Times of India dated 17-01-2016.)

A carrot and stick approach to reform bureaucracy is essential to improve governance

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A palpable reality for all Indian citizens is the extraordinary power the bureaucracy has over our lives. It is therefore essential for the bureaucracy to function effectively, and for the political executive to get it to do so. Prime Minister Narendra Modi’s initiative, Pragati, is a stab in this direction. During a recent review, he called for tough action against officials facing repeated complaints. Modi’s approach deserves support. If his government is to fulfil its promise of better governance, bureaucracy needs to do better.

Existing laws provide the political executive with the means to make bureaucrats more accountable and efficient. To illustrate, the All India Service Rules provide for compulsory retirement of substandard bureaucrats after 15 years of service. This provision rules out the pitfalls which come with a guaranteed job for life, but unless it is utilised deadwood will stay on. A government which utilises this provision can invoke the support of the judiciary. The Supreme Court concluded, as far back as 1980, that compulsory retirement “is undoubtedly in the public interest and is not passed by way of punishment”. Similarly, successive pay commissions have pointed out that performance must influence pay for bureaucrats. The Seventh Pay Commission recommended the introduction of performance related pay for all categories of government employees.

If lifetime guarantees of a job and pay make for poor incentives, so do threats of prosecution for the wrong reasons. A considerable extent of developmental activity initiated by government is carried out through the private sector. Presumably, no private firm will bid for a contract unless there is profit. In this background, the existing law to prevent corruption needs an overhaul. According to the Prevention of Corruption Act, taking a decision which benefits somebody can be deemed an act of corruption even in the absence of evidence of a quid pro quo. This is a draconian provision which deters decision making and incentivises inaction. Bureaucrats who pursue their task with sincerity are not protected from irresponsible investigations long after retirement.

Since 2013, governments have tried to amend the law by bringing it into consonance with contemporary reality. It should not be difficult to pass this amendment as Congress and BJP are on the same page. Today there are sticks for good performance and carrots for poor performance. Turn babudom around by ensuring just the reverse is the case.

(Source: Editorial in The Times of India dated 29-01-2016)

India’s SEZs need top-class facilities, not tax breaks

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India’s exports have been declining for 13 months.

To reverse the trend, the commerce ministry wants to exempt exporters in special economic zones (SEZs) from all corporate taxes, including the minimum alternative tax (MAT). This is a bad idea. It goes counter to finance minister Arun Jaitley’s welcome proposal to abolish most tax exemptions, and have a uniform low rate that does not arbitrarily favour this unit or that region.

Favouring SEZs leads to not just a big loss of tax revenue but to cronyism (several SEZ land allocations became scams), and waste (units will shift to SEZs despite big expense and loss of productivity, just to get the tax break). Many companies that would be exporting from traditional bases anyway will shift to SEZs for the tax break. SEZ exports may look big, but may not represent additional exports or policy success. They may simply represent policy failure through export diversion and revenue loss.

India has an export problem right now but not a balance of payments problem. So there’s no need for panic or emergency measures. The current account deficit is well under control at barely 1% of GDP, since imports have fallen along with exports. China’s slowdown has led to a global export slowdown. Almost all Asian countries are suffering from falling exports, and many have suffered steeper declines than India.

In such dismal global conditions, tax breaks are irrelevant for export buoyancy. We must instead raise our competitiveness through better logistics, skills and procedures. Only then will exports boom sustainably. We cannot have lousy facilities and yet become world-class exporters through tax breaks. Ideally, the whole of India should have world-class facilities. Since resources are limited, a start can be made in SEZs.

Between 1965 and 2005, India built eight tiny export processing zones, with very limited success. By contrast, China and some other countries succeeded by creating massive SEZs. Shenzen in China covers four small districts. Chinese SEZs have world-class power, water, ports and airports, and have become world-class manufacturing clusters.

India in 2006 adopted a new SEZ policy. Units in SEZs would pay no tax for five years (not even MAT), get a 50% tax break for the next five years, and a further five-year tax break for reinvested profits. SEZ developers would also get a tax holiday for 10 years.

Instead of creating massive SEZs, this policy encouraged hundreds of small SEZs in every state. These amounted to tax shelters and a grab for land rather than world-class enclaves. No less than 564 proposals for SEZs were approved, but of these only 204 are actually functioning. Mukesh Ambani’s giant SEZ in Navi Mumbai is largely vacant. Most operating SEZs are small IT establishments that are little more than tax havens.

The 2006 Act provided that the minimum size for information technology, jewellery and biotech parks should be just 10 hectares, smaller than even some schools. Size limits were kept especially low for hilly areas, where flat land is scarce. This was a classic case of making SEZs an end in themselves rather than a means to improve competitiveness. China does not create tiny SEZs in the Gobi desert or Tibetan mountains: it creates large ones in areas with the best logistics, infrastructure, financial and transport facilities.

Exports from Indian SEZs rose from $5 billion in 2005-06 to $81 billion in 2013-14. This looks very impressive. But a lot of it is simply trade diversion. Many top IT and jewellery companies shifted their operations to SEZs for the tax break. Since units outside the SEZs continued exporting at a good rate, it is unclear whether the SEZs achieved additional exports or just diverted exports.

Because of such factors, MAT and the dividend distribution tax was imposed on SEZs in 2011-12. Industries protested that this discouraged additional investment. True, but would this fresh investment have been for export diversion or export addition? The operating profit margins of software companies often exceed 20%, so they hardly need tax breaks. Old export units in areas from textiles to engineering, many having very slim operating margins, get no tax breaks. Why should they be discriminated against?

To be competitive, India needs both competitive facilities (in and outside SEZs) plus competitive tax rates with very few exemptions. India has a corporate tax rate of 30%, and with cess and surcharge this comes to 34.5%, one of the highest in Asia. Finance minister Jaitley rightly seeks to cut this to a competitive 25 %, while removing today’s myriad exemptions so that he does not lose tax revenue. This is a laudable, far-sighted reform. It should not have holes punched in it by demands for tax breaks from SEZs or other interest groups.

(Source: Article by Shri Swaminathan S. Anklesaria Aiyar in The Times of India dated 30-01-2016.)

Reinventing Indian secularism – The old consensus on majority and minority communities no longer fits reality

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Should 21st century citizens of the world’s largest democracy live in
fear of committing the medieval crime of blasphemy? This is the question
raised by the violent rampage earlier this month in West Bengal’s
Muslimmajority district of Malda, where an enraged mob ransacked a
police station, torched two dozen vehicles, and burned shops and homes.

The
mob was protesting an obscure Hindu activist’s allegedly derogatory
comments about the Prophet Muhammad a month earlier in Uttar Pradesh.
Though UP police quickly arrested the activist, Kamlesh Tiwari of the
Hindu Mahasabha, this did not stop demonstrations from erupting across
the country. At times numbering tens of thousands, protests have roiled,
among other places, Rampur, Bhopal, Purnea and Bengaluru. Many
protestors demanded the death penalty for Tiwari.

Such
bloodcurdling displays of piety belong in a theocracy, not in a
pluralistic democracy. Their scale, spread and intensity ought to
concern anyone who cares about Indian pluralism. So must the backgrounds
– engineers, software developers, corporate executives – of many of
those arrested recently for alleged links with Islamic State.

Bluntly
put, the Indian model of secularism is floundering. It needs to be
replaced by an approach that relies less on the well-worn pieties of the
past and more on the reality of the world we live in today. The answer
does not lie with Hindu extremists, who cannot distinguish between
ordinary and radicalised Muslims. It lies in an updated secularism based
on individual rights and equality before the law.

Traditional
Indian secularism implicitly rests on three assumptions that may have
made sense 60 years ago, but are hopelessly outdated today. First, that extremists from the Hindu majority pose a greater threat than those from the Muslim minority. Second, that Indian Muslims are always victims and never victimisers. Third, that only Muslims can legitimately champion legal, social and cultural reform within their community.

In
the 1950s, the heyday of the Nehruvian project, each of these
assumptions was easily defensible. At the time, only one in ten Indians
was Muslim. The secular impulse – to protect a small community in a
defensive crouch after Partition – appealed to the best instincts of a
newly independent nation. In a rapidly modernising world, the bet that
over time Muslims would discard obscurantist ideas such as blasphemy,
and would themselves demand an end to practices such as polygamy and
triple talaq divorce appeared reasonable.

Today’s reality is
starkly different. According to the Pew Research Center, today about one
in seven Indians is a Muslim. And though the vast majority of Indian
Muslims are peaceful, the hoped for march towards secularisation
–replacing attitudes rooted in religion with those rooted in reason –
has stalled. Where once a uniform civil code for all Indians was delayed
by the majority’s forbearance, today it is blocked as much by the
minority’s intransigence.

The consequences of both shifting
demographics and patchy secularisation play out every day in public
life. Often supposedly secular politics boils down to pandering to the
most fundamentalist elements of Muslim society. Think of Mamata
Banerjee’s concerted bid to woo clerics in West Bengal, or Digvijaya
Singh’s ugly insinuation that the Rashtriya Swayamsevak Sangh plotted
the 26/11terrorist attacks in Mumbai.

Meanwhile, for the first
time since Partition, an aggressive new breed of Muslimfirsters has
risen to prominence. To differing degrees, Azam Khan in Uttar Pradesh,
Badruddin Ajmal in Assam and Hyderabad’s Owaisi brothers represent this
trend. Both the panderers and the Muslimfirsters share a commitment to
defending Muslim personal law and extending special rights for the
community to new areas such as reservations in government jobs.

At
the same time, the international landscape has changed dramatically. In
the 1950s, secularists dominated the Muslim world – Sukarno in
Indonesia, Shah Reza Pahlavi in Iran and Kemal Ataturk’s heirs in
Turkey. But over the past 40 years a fountain of Gulf petrodollars,
tenacious religious movements such as the Muslim Brotherhood, and the
Cold War American policy of pitting hardline Islam against communism,
tipped the balance of ideological power towards Islamists, those
striving to impose sharia law on both the state and society.

Closer
to home, Pakistan evolved in a way few would have predicted in the
1950s when a relatively Westernised elite held sway. The journalist
Zahid Hussain estimates that the number of madrassas shot up from 137 in
1947 to more than 13,000 today. In the Pakistan army and its notorious
spy agency –Inter-Services Intelligence – India faces a foe long
committed to using jihadist terrorism to keep India off balance.

What
is to be done? For starters, India should replace the shaky pillars of
the traditional secular consensus with something sturdier.

First, this means accepting that all extremists – not only the Hindu variety – threaten pluralism. Second,
it requires recognising the complexity of inter-religious conflict.
Sometimes – such as in the awful murder of Mohammad Akhlaq in Dadri –
Muslims are indeed victims. At other times, such as in Malda or the
Srinagar valley, they are the victimisers. Third, Indian
political and intellectual elites need to start treating the reform of
ideas rooted in sharia – such as a violent response to so-called
blasphemy – as a national concern, not just a narrowly Muslim concern.

In
the end, secularism makes India stronger. To save it, India needs an
updated approach rooted not in sentimentalism but in reality.

(Source:
Article By Shri Sadanand Dhume, a resident fellow at the American
Enterprise Institute, Washington DC, in The Times of India dated
29-01-2016.)

Comments and Suggestions on Draft Guiding Principles for Determination of Place of Effective Management (POEM) of a Company

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30th December 2015

To
The Director
Tax Policy & Legislation – I,
Central Board of Direct Taxes,
Room No 147-D, North Block,
New Delhi 110001.

Dear Sir,

Comments and Suggestions on Draft Guiding Principles for Determination of
Place of Effective Management (POEM) of a Company

On 23rd December 2015, the Central Board of Direct Taxes has released the draft Guiding Principles for Determination of Place of Effective Management of a Company for public comments and suggestions.

We give below our representation on, and suggestions in respect of the draft.

General

1. In principle, we welcome the issuance of guidelines, to bring further clarity on what constitutes a POEM in India, and which will help to reduce the subjectivity. This will help to reduce possible litigation in this regard.

2. While the purpose of the guidelines is to reduce the subjectivity as to what constitutes POEM in India, and to have greater certainty as to the existence or non-existence of a POEM in India, we believe that the draft guidelines are too subjective in nature, and leave too much room for interpretation by the assessing authorities. The guidelines, if issued in the present draft form, will therefore not serve the purpose behind the issue of such guidelines. We set out below some of the reasons as to why we believe the guidelines are too subjective. We suggest that, at least in the initial stages, the guidelines should be more objective, to prevent misuse of discretion by assessing officers.

Definition of “Passive Income”

3. The definition of “passive income” includes income by way of royalty, dividends, capital gains, interest or rental income. There are often instances where such incomes could be active incomes. For example, royalty for a research and development company or for a company providing value added services to a telecommunications company, interest for a bank or financial services company, rental income for a mall, etc., are incomes arising out of active business activity, and cannot be regarded as passive incomes. Such incomes of such types of companies need to be classified as active incomes.

Companies Carrying on Active Business
4. In case of companies carrying on active business outside India, in paragraph 7, it has rightly been laid down that the POEM shall be presumed to be outside India if the majority meetings of the board of directors of the company are held outside India. This is an objective test. However, paragraph 7.1 completely negates such objective test laid down under paragraph 7, by stating that if, on the basis of facts and circumstances, it is established that the board of directors are standing aside and not exercising their powers, which powers are being exercised by either the holding company or any other person resident in India, the POEM should be regarded as being in India.

This paragraph fails to appreciate the commercial reality that every company exists for the benefit of its shareholders. Therefore, it is inevitable that every holding company always exercises some amount of control over its subsidiaries, and that certain crucial decisions are always taken in principle by the holding company, particularly in case of wholly owned subsidiaries. The board of directors, which takes the final detailed decisions, is very often guided by the views expressed by and the needs of the holding company, though they may also have their independent views in relation to the relevant matter, and do consider the impact of their decisions on the subsidiary.

Further, though directors may be resident in India, it is not necessary that by virtue of their residence, decisions are being taken in India, since very often the directors would be visiting the country where the subsidiary is carrying on operations, and taking decisions during the course of such visits, in consultation with the local management of the subsidiary.

Paragraph 7.1, which is supposed to be an exception, rather than the norm, is likely to be taken as the norm by assessing officers, rather than the exception, rendering the provisions of paragraph 7 redundant. A view will likely be taken by most assessing officers, where even a couple of or a few decisions are taken by the holding company, which are confirmed by the board of the subsidiary outside India, or where a majority of the directors are resident in India, that the POEM is in India. This will lead to unwarranted litigation.

We therefore strongly recommend that paragraph 7.1 be deleted altogether.

Companies Carrying on Passive Business
5. The guiding principles laid down in paragraph 8.2 are many, and it is not clear as to in which order of precedence they are to be considered. It is possible that some guiding principles may indicate existence of POEM, while others may indicate non-existence of POEM. In such cases, invariably the assessing officer may take the view in favour of existence of POEM, while the assessee is of the view that there is no POEM, given the subjectivity of the guiding principles, leading to avoidable litigation.  It is therefore suggested that the guiding principles should be given in order of precedence, step by step, similar to the tie-breaker test contained in Double Taxation Avoidance Agreements for determination of residence. This will bring clarity and objectivity to the tests. This is important, at least in the initial years of the introduction of the concept of POEM.

Approval of CIT
6. Paragraph 11 provides that in case the assessing officer proposes to hold a company, on the basis of its POEM, as being resident in India, then he needs to seek the prior approval of the Principal Commissioner or Commissioner.

In order to prevent unnecessary harassment of foreign companies, it is suggested that even in cases where an assessing officer wishes to investigate the existence of POEM in India of a foreign company, he should seek such prior approval, giving his reasons for such investigation. Besides, instead of approval by the Commissioner/ Principal Commissioner, the approval required both for investigation, as well as for holding a foreign company as resident in India on the basis of existence of its POEM in India, should be that of the Chief Commissioner/Principal Chief Commissioner.

Other Suggestions
7. It is suggested that it should be clarified that in case a foreign company is regarded as being resident in India, based on its POEM being in India, it should yet to be entitled to all treaty benefits under the treaty of India with the country in which the foreign company is located.

8. Since the guidelines would be issued only in January 2016, it is suggested that the concept of POEM should be introduced only with effect from assessment year 2017-18. An amendment should be made to the Income Tax Act, 1961 through the Finance Act 2016, making the amendment in section 6(3) applicable with effect from assessment year 2017-18, instead of with effect from assessment year 2016-17.

For Bombay Chartered Accountants’ Society
Raman Jokhakar
President Chairman,

Gautam Nayak
International Taxation Committee

Salman Khan’s Acquittal – A Strong Argument Against Being Lawful

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There should be enough evidence by now that in India, being rich or well-connected provides a reliable amount of protection against the law. The irony being that such evidence will probably hold up in a court of law. So, Salman Khan’s acquittal by the Bombay High Court on Thursday was not the anomaly . What was the surprise was the trial court’s verdict in May that found him guilty of driving over and killing a homeless man and delivered a five-year jail sentence. No one is asking for a kangaroo court where the procedures of jurisprudence are tossed aside -even in cases that seem watertight.

But in far too many high-profile cases, it is this very procedure that is abused by methods far removed from convincing judicial arguments, thereby making the law look like, to quote a character in Oliver Twist, “a ass”. But in Dickensian India -where someone who could have easily stood in as the victim of Khan’s killer Land Cruiser on September 28, 2002, is today celebrating the movie star’s acquittal -the law is the only thing that everyone, from a powerful parliamentarian to a resident of a jhuggijhompri cluster, should be answering to. That, sadly , isn’t the case in the real world. This particular verdict makes anyone who should be fearful of the law be more fearful of not being well connected as insurance. The fact that the prosecution, the state of Maharashtra, failed to prove the charges “on all counts” makes incompetence and unwillingness equal suspects. The single witness who insisted that Khan was behind the wheel when the incident took place was not considered a “wholly reliable witness” on account of a legal technicality -as well as the fact that he had died eight years ago. The prosecution will appeal against the verdict. All one can do is hope that the holes that the state of Maharashtra inflicted on its own argument, can be repaired by proving something about the acquitted more convincing than his guilt not being proven “beyond reasonable doubt”. Otherwise, this will add to the string of incentives to prepare oneself to -proverbially , of course -get away with murder.

GST – Subramaniam panel’s Workable Blueprint

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The Arvind Subramanian panel has done well to recommend a moderate standard goods and services tax (GST) rate of 17-18%, and also scrap the 1% inter-state sales tax. The rate, worked out after excluding real estate, electricity, alcohol and petroleum products, is higher than the 12% GST recommended by the 13th Finance Commission task force, whose model had exempted nothing. GST would eliminate the cascade of multiple taxes that products bear now and allow manufacturers to claim credit for the taxes paid on inputs across the value chain, creating a built-in incentive to pay tax and thus widen the tax base. It is welcome that the panel has pegged the average GST rate at which existing indirect tax revenues, excluding import duties, would be recouped, the so-called revenue neutral rate, at 15-15.5%.

Other rates—lower rates of 2-6% on precious metals, a 12% rate, and the highest rate of 40% for luxury cars, aerated water, tobacco and tobacco products—are fine. Multiple rates are not inimical to GST.

They have worked in the EU where the value-added tax rates vary across member countries. Instead of a composite 40% excise duty on non-merit goods, what would be desirable is a combination of GST at the standard rate and a ‘sin’ tax component not eligible for input tax credit. This will keep the GST chain unbroken while earning extra revenue and discouraging ‘sin’ consumption. It is welcome that the panel wants petroleum, electricity, real estate and alcohol to be included in GST. Subsuming all taxes and keeping exemptions to the minimum, is the way to go.

Scrapping the 1% inter-state sales tax on which the buyer cannot claim input tax credit is rational. This indirectly accepts one Congress condition for cooperating on GST. The panel, however, is not in favour of specifying a cap on the GST rate in the Constitution, another key Congress demand. However, there is a logic to having a cap.

Without a cap, the states can ratchet up the rate using their constitutional right, and defeat the GST reform’s goal of creating an efficient indirect tax structure.

Non-state actors have upstaged the superpowers

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The era of superpower hegemony is over, and that of nonstate actors has arrived. Fourteen years after 9/11, the US has — let’s be blunt — been repeatedly defeated by radical Islam. Look at Afghanistan, Iraq, Syria, Libya, Lebanon, or even Yemen. The US can drop a thousand bombs from a thousand drones, yet cannot dictate outcomes to a hydraheaded monster. The California school shooting showed that the US is unsafe even at home. Paris is the latest European scene of devastation. Radical Islamic thought has effortlessly penetrated national borders and created terrorists within the US and Europe.

At the recent TimesLitfest in New Delhi and Mumbai, many speakers addressed these issues. Many lambasted US military interventions that had created not democracy but anarchy and mass deaths.

Yet, historically, imperial powers alone could end local wars, and thus bring stability in place of anarchy. Superpowers could overthrow regimes they disliked, and install stable, controllable rulers across the world. Pax Britannica, Pax Americana or Pax Sovietica (in Eastern Europe) provided stability, and set rules for property, trade and commerce. This facilitated economic progress, providing handsome dividends for imperial controllers and also lifting living standards for the entire region.

That now looks so 20th century. Earlier, the state was allpowerful and individuals and groups were mostly powerless. But in the 21st century, the internet and social media have empowered non-state actors so much that superpowers can no longer install stable regimes at will. So, intervention now brings anarchy, not stability. This is a totally new development.

The internet and social media can now create and mobilize radical ideologues across the world, and create homegrown fanatics in every country. There is no military defence against these new developments. The ability to spread subversive ideas, once the hallmark of liberation movements, is now the hallmark of radical Islam.

The US easily ousted the Taliban from Afghan cities after 9/11, but could not dislodge it from rural areas. High technology could pulverise conventional armed forces but could not control low-tech rural areas, or stop the Taliban’s spread of ideas and arms, or even stop the Taliban raising funds through local taxes, smuggling and the opium trade. Obama’s military surge in Afghanistan gained ground only temporarily. He ultimately exited tail between legs, leaving the Taliban smiling.

Tech and terror: Islamic radicals use the internet as much as those fighing them, which makes the war more unpredictable.

ISIS is more fanatical than al-Qaida, and has enjoyed tremendous success in Iraq and Syria. Unlike most nonstate actors, ISIS has grabbed considerable territory, but this may be unsustainable. However, even if ISIS gives up most of its territory, it will retain the power to persuade and mobilize through social media and the internet, inspiring an unending succession of alienated Muslims in many countries to become suicide killers.

New forms of communication have enabled non-state actors to spread their tentacles, and to mobilize money and arms, on a scale that even strong states cannot foil. Somali pirates have shown that even commercial hoodlums, seeking millions without a shred of ideology, can defy the greatest naval superpowers. Capturing hostages for ransom has proved an easy way to raise enormous sums that terrorists in earlier times could not dream of.

Hacking and other 21st century tools enable radicals to undercut the most powerful states. One day hackers may steal nuclear secrets, or direct government missiles at targets chosen by terrorists. Leftist anti-imperialists might rejoice at western discomfiture but a wide array of international jihadi literature classifies India too as an enemy, as an imperial tyrant in Kashmir that also kills Muslims in Gujarat and elsewhere. Those celebrating the end of superpower hegemony must understand the consequences. India is at risk, no less than the US or France.

Yet most Indian intellectuals are in denial. They would rather focus on the threat from communal Hinduism at home — which is very real — and dismiss Islamic communalism as a distant threat that mostly affects the West. This is sheer myopia.

How does one meet this threat? Ideally, by creating a sense of universal brotherhood. But radical Islamists are uninterested. They need gain only a few adherents a day to create danger for everybody else. In the absence of 20th century solutions, western states may retreat into fortresses. India may have to follow.

At the Mumbai Litfest, Dileep Padgaokar declared that a tough state had to replace the era of ever-expanding civil liberties. The greatest threat to civil liberty now came from nonstate actors, not the state. This could not be tackled by motherhood, brotherhood and other 20th century virtuous solutions.

Today, diabolical viruses, placed by both state and nonstate actors, sit on every smartphone and computer, monitoring everyone. Radical ideas are buzzing in the airwaves all around us. We face new dangers, and an unprecedented loss of security and privacy. There are no easy answers.

End all corporate tax breaks to give country a break from favouritism

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Should some industries get tax breaks that others don’t? In general, no. The finance ministry has come out with proposals, for public discussion, to abolish several existing tax breaks. This is a building block of the Budget promise of finance minister Arun Jaitley to cut the corporate tax rate within four years from the current 30 per cent to 25 per cent. This aims at matching corporate tax rates in most Asian competitors, removing India’s current disadvantage of high taxation.

Many exemptions were irrational, benefited a few favoured industries with good political connections, violated economic fairness, and deprived the exchequer of huge revenues.

The finance ministry proposes to end all tax breaks linked to profits, investment or specific areas. No longer will industries get tax breaks for locating in a favoured region. Some tax breaks like accelerated depreciation, linked to the amount invested, favored capital-intensive industries over labourintensive ones, terrible priorities in a country needing new jobs. Weighted deductions, which gave tax breaks for favoured types of spending (like R&D in pharmaceuticals), are also on the list for axing.

The new proposal represents a welcome wholesale junking of exemptions. Cherry-picking only some of these would have been an invitation to charges of favouritism and cronyism. Wholesale junking also moves the tax code towards simplicity and transparency , two desperately needed goals.

Some states will groan at losing tax breaks. But any state that provides good investment conditions will always attract investment. Those that don’t, should suffer the consequences. We need competition between the states to provide good infrastruc ture, rapid clearances, and a bribe-free climate.Investment will follow.

Some tax breaks already have a date of expiry , and those will be, quite rightly , honoured. Where no sunset date exists, the tax breaks will expire on March 31, 2017. This sunset date will apply to concessions for infrastructure, special economic zones, and oil production.

Many industrialists will complain that the new proposals go too far. Every government, including neighbouring ones in Asia, gives tax breaks to sectors and activities which it regards as having high priority . Doesn’t India have priorities, too? This rhetorical question will resonate with politicians. Yes, they will want to give some sectors high priority and offer these tax breaks. To some extent, this is inescapable in a democracy . But it can open up Pandora’s Box of endless demands, cronyism and complexity . Almost every industry and region can find one reason or other to demand a tax break.

If, indeed, exceptions are to be made, the guiding principle must be the same driving India towards a 25per cent corporate tax. Tax exemptions, like the corporate tax rate itself, should as far as possible mirror exemptions given by our competitors. Rather than listen to domestic lobbies with fat pockets or political clout, we need an expert committee to objectively identify tax breaks in competing countries that affect our exporters, and so need to be matched. Tax breaks for R&D in pharma are possible candidates for such matching. This will be a crony-free, corruption-free way of identifying a limited number of exemptions clearly linked to international competitiveness, without opening up the floodgates to a zillion demands from cronies.

There is also the matter of timing. If most tax breaks are to go by March 2017, the corporate tax rate should also be cut to 25per cent by that deadline. If the tax cut will come only by 2019, as Jaitley hinted in his Budget speech, the removal of tax breaks may need similar phasing.

Remembering to Hedge – Promises and perils of external commercial borrowing

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The Reserve Bank of India – after consultation with the central government – released an updated set of guidelines applicable to Indian corporate groups’ external commercial borrowing (ECB). The change is a significant liberalisation, in that it considerably lessens the number of restrictions placed on the end-use of funds that companies have borrowed from abroad. The focus of the RBI, according to its statement, was on long-term borrowing, which it said would make “repayments more sustainable and minimise roll-over risks for the borrower.” The list of permissible lenders has also been expanded. It now includes pools of long-term capital such as pension funds, insurance companies and even sovereign wealth funds. Simultaneously with expanding the scope of ECBs, the RBI also acted to effectively narrow the number of Indian companies, which would successively raise ECBs in foreign currency, by cutting the allowable ceiling for borrowing rates above the London Inter-Bank Offered Rate or LIBOR. For foreign currency borrowing with maturity of between three and five years, the permissible rate was cut by 50 basis points (bps) to 300 bps above LIBOR. The permissible spread for longer-term borrowing is correspondingly higher.

The dangers of an ECB debt binge are well known. Indian companies are faced with high interest rates at home, and dollar-denominated foreign rates can look attractive. In the past, corporate groups have funded over-expansion and acquisition sprees through such debt, only to be left stranded when the situation turned adverse. Few Indian companies hedge carefully enough – and, indeed, the market for hedging currency risk beyond a few months may not be deep and liquid enough to be attractive. Nor is such hedging cheap. The RBI clearly thinks that this is more of a problem for short-term debt, in which temporary volatility of the currency can cause crises when large tranches of debt become difficult to roll over or repay. It is, thus, incentivising longer-term debt that could be used by, say, real estate investment trusts to help bail out India’s 38 struggling realty sector. While this logic is certainly sound as far as it goes, there remains the larger question of the future direction of the rupee. If it is significantly overvalued at the moment but nevertheless apparently stable, some companies could take on long-term debt that will grow on their balance sheets when the rupee depreciates to closer to its real value.

The option, of course, is to seek out rupee-denominated debt abroad. Certainly, the government has made significant progress in promoting rupee-denominated “masala bonds”. And as this newspaper has reported, some markets have seen excellent growth in retail bonds with the rupee as the base currency. These have largely been issued so far by offshore institutional lenders, but earlier this year the RBI allowed Indian companies to borrow abroad in rupees too. The guidelines released on Monday put rupee-denominated borrowing on a par with dollar-denominated ECB – and, in fact, made special allowances for non-bank financial corporations and microfinance institutions to raise rupees from abroad. It is to be hoped that Indian companies will recognise that currency risk is best borne by large global financiers and will not be overly tempted by low interest rates and the associated currency risk.

The future of India: Private splendour and public squalor?

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India, and most Indians, are getting wealthier. With a per capita income of $6,000 (PPP), India is now a lower middle-income nation. If our GDP continues to grow at a modest 7% CAGR, millions of Indians will gradually escape poverty and hundreds of millions of us will grow steadily more affluent. The probability of this seems fairly reasonable – not because of the competence of any government — but because of the aspirations, drive and entrepreneurship of millions of Indians, especially young Indians.

But even as we grow wealthier, the quality of life especially in urban India will continue to plummet. I live in Koramangala, Bangalore, the epicenter of India’s entrepreneurial ecosystem, a place brimming with talent and energy .

But it is also brimming with mounds of festering garbage. The stench of sewage permeates the air. A commute to the airport that once took an hour now takes more than two. However, Koramangala’s residents have it good compared to those who live in other suburbs like Whitefield.This story of unlivable cities is repeated across India. Delhi’s residents complain about the barely breathable air and awful traffic. Mumbaikars lament the disappearance of public spaces. Rain has shut Chennai down. As population and consumption rise, we are seeing the degradation of everything public -infrastructure, justice, law and order, healthcare, education -from bad to unbearable.

Our response to this degradation has been privatization by default. Companies create their own worldclass infrastructure. The affluent and growing middleclass retreat behind gated communities and highrise apartments and to a world of privatized education, privatized healthcare, private security and transportation. This retreat has given rise to what we see today: oases of private splendour in an ocean of public squalor. But how sustainable is this? What’s the point in rising affluence if the quality of our life is plummeting? What’s the point in owning more cars or better cars if it takes an hour or more to travel 10km? What’s the point of rising GDP if we can’t breathe our air, if most of our food is contaminated and the judicial system fails to deliver timely justice? As someone remarked about China, what’s the point in growing the pie if the pie is inedible? The ocean of public squalor is beginning to engulf our private cocoons.

It is very easy to get angry and blame “government” for this mess. Our deplorable situation is clearly the failure of successive governments of every political hue at the Center, the state and local level. They have failed to curb corruption and have failed even more miserably to build institutions. Institutions are the foundations of society . Even as our population surged and our economy multiplied, successive governments have allowed key institutions to atrophy; indeed, in many cases, they have been deliberately weakened.Weak institutions -regulatory institutions, institutions of administration, policing, and justice -are the root cause of government’s inability to stem corruption and deliver essential services to citizens.

But much as government is to be blamed, the bigger problem might be our own behaviour. Why is there so much rotting rubbish on the streets of Bangalore? It isn’t primarily because the municipal contractor doesn’t pick up the rubbish every day. It is that residents refuse to segregate garbage the way the law prescribes and most households furtively throw their garbage on the street corner. Why is corruption so rampant? Because fewer and fewer of us see anything wrong in either taking or paying bribes; bribery is simply a transaction cost. How many of us are willing to take the metro or bus to the airport instead of our car? The total refusal on the part of babus, politicians and middle-class citizens to use public services results in the lack of any incentive to improve these.

How many talented executives are willing to give up their lucrative careers for just a few years to help rebuild public institutions or strengthen good NGOs?

How many of us are willing to give up part of a weekend to participate in a community initiative to get rid of garbage, plant trees in our neighbourhood or attend meetings of the resident wel fare association?

How many business leaders are personally engaged in the CSR work of their company to ensure that financial contributions and employee talent are directed towards building institutional capacity? How many of us make the effort to vote in elections instead of seeing it as another holiday?

It is time that we realize that we get the kind of government and society we deserve. To a very large extent, the sorry state of our society is the result of our own indifference. To make a democratic society work, we need to redefine what it means to be a citizen.

Citizenship is not just a birthright, it is also an obligation. A democratic society is fragile and its success demands vigilance, collective action and even sacrifice from its citizens. It took great sacrifice to win our free dom. It will take at least as much leadership and sac rifice to create a functioning society.

Quality of universities determines nation’s fate: Economist Summers

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Faster decision-making is the key to India’s higher growth. American economist Lawrence Summers who was at Mumbai university said India could take inspiration from a slogan pasted on the wall of the Facebook office: “Done is better than perfect”.

Speaking of Facebook COO Sheryl Sandberg, who earlier worked on his team as the chief in staff of treasury, Summers said, ” An attitude that she has now became a slogan at Facebook. It’s up on the wall -`Done is better than perfect.’ “If your government internalised that bit and it just had an idea that decisions had to be made, and we hoped that were made right, but they just had to be made, and there was a substantial acceleration of decision making in every sphere, I think that would make a very big difference for India over time. I guess the other thing that one is stuck by is a variety of kinds of infrastructural improvements in India as well. But in general, faster decision making in presumptial permission, rather than a presumptial prohibition, would go a long way ,” said he.

The President Emeritus and Charles W Eliot professor at Harvard University , former treasury secretary in the Clinton administration was speaking on “Reinventing the university: Reconciling equity and excellence in higher education worldwide”. While topclass universities are a microcosm of what India needs, he believed that the quality of universities determines the ate of a nation.

“The prosperity of nations is tied up with their success of their universities. It is no accident that Silicon Valley is essentially in the same place as Stanford University . It is no accident that the city of Boston is where Harvard University and is also the leading concentration of biomed talent….”

Emphasising that India will not be great without great universities, he said, “I know it is fashionable to argue that prosperity comes from the ground up and it does. But when it is suggested that it so mehow means that prim and secondary education should be a focus to the exclusion of higher education I will suggest that is a grave and enormous error.”

“No matter how universal literacy is, no matt how many people have been taught arithmatic, no matter how healthy all the children are, a society will not move forward without learning the touches of frontiers of what man knows and without being part of the ad venture of pushing those frontiers and that I would suggest is the work of universities.”

A great university he said, must be governed by the right academic culture of openness, have autonomy and a sense of fierce competition.Summers said India could be an export house of education.He said he could not think of a better place than India for Indian students to study .

Have faith in the citizen – Begin administrative reforms by undoing the colonial mindset of babus

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“Just reform the bureaucracy” – this advice to India by GE CEO Jeffrey Immelt is echoed across the world. Why administrative reforms haven’t taken place, best intents notwithstanding, requires a nuanced understanding. Global experience suggests administrative reforms need to be undertaken within the first 100 days of a new government coming to office, else the system takes over the government – the will to change is dwarfed by the logic of continuity.

Nowhere in the world have substantive administrative reforms been successful if not directly supervised by the political leader of the country. Successful administrative reforms are by definition transformational; there are no worthwhile examples of meaningful incremental administrative reforms.

Administrative reforms don’t happen when entrusted to the bureaucracy. The bureaucracy has to be kept at arm’s length and prevailed upon. These are cardinal rules; India is past the expiry date of the first 100 days, but it may still want to sail ahead.

The imperatives for administrative reforms in India are more fundamental than the leaking bucket and dilapidated administrative framework. First, in a historical oversight, India continued with the administrative framework of the British. This system was designed to inhibit the native, chain initiative and enterprise and enable a select few to rule the multitudes. These objectives have been faithfully served by the legacy framework even 68 years after the departure of colonial masters.

Post- the reforms of 1991, the framework designed to control and regulate has become anachronistic in the exercise of freedom, which is intrinsic to the market. As a participant in the global economy, either India rewrites its administrative system to compete with the best investment destinations of the world or perishes, for nothing except competitive advantage matters to the investment community. The way ahead will require a comprehensive roadmap as well as a strategy to pierce the chakravyuha, but a few principles may be useful reference points. At a philosophical level we need to adopt a trust based system with implicit faith in the citizen. Filling forms, providing attested documents, undergoing verification and awaiting decisions by higher ups are all instruments of an alien administration to disempower and dispirit the individual.

Government must take the word of the citizen at face value and devise a system to take care of exceptions without impeding the quest of the rest.

A second beacon for administrative reforms should be ending the dichotomy between government and national interest, again a colonial legacy. Basically government should stop acting in its own interest and should work in national interest which includes the interests of private individuals and the private sector.

The success of Japan, Korea and Singapore came from government deciding that its main role is to support and facilitate enterprise, be it individual or corporate. This is both an issue of mindset/ideology as well as a systemic issue of a very fundamental kind that requires recasting the administrative mould, not simply reshaping the existing one.

Finally, the government and technology intersect needs to be calibrated. Just about all our IT-based systems have merely computerised physical processes with, at best, marginal efficiency and transparency gains.

India is ready to transit from the physical to the virtual world like no other country. The almost ubiquitous access to mobile telephony can connect an individual to a service provider, the electronic bank account can be used to make payment when required and the Aadhaar card authenticates the individual online. Given that all these three components are approaching the one billion mark, such a proposition is neither esoteric nor futuristic – except to a mindset and system steeped in the past.

India’s Cinderella syndrome

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The Oxford historian, Felipe Fernandez-Armesto, in his large tome titled Millennium: A History of Our last Thousand Years, described India as “the Cinderella civilisation of our millennium: beautiful, gifted, destined for greatness, but relegated to the backstairs by those domineering sisters from Islam and Christendom”. Looking at Arvind Kejriwal’s last-minute desperation to clear Delhi’s air before people choke to death, one can also talk of the country’s Cinderella syndrome: the tendency to not act until the clock is about to strike midnight, and then to rush for solutions. Cinderella lost her slippers in the process, India has lost much more over the decades.

One can think of many examples. There is the Green Revolution itself—the belated move to reform neglected agriculture after the country had suffered twin droughts in the mid-1960s and been forced to depend on food aid to feed itself. There is the 1971 war, for which India was caught unprepared (not the first or last time); Gen. Manekshaw told Indira Gandhi he needed nine months in which to get ready—a period during which the country rushed through with the purchase of all manner of armaments, including second-hand tanks from Soviet satellite countries because nothing else was available. Economic reform, introduced in baby steps through the 1980s, was rushed through only after the country went nearly bankrupt, in 1991. There is also the great haste with which the Commonwealth Games were put together at the last minute (the toilets in the Games Village were being cleaned even as athletes started arriving).

Everyone has known for years that Delhi’s air is unfit to breathe in the winter months. More than a decade ago, the Supreme Court provided temporary relief to the city’s residents when it forced an unwilling Sheila Dikshit to allow only gas-powered engines for public transport (politicians owned the diesel-driven buses and naturally were opposed to change). Now, in a typical Cinderellahour solution, Mr Kejriwal has decided on the odd-even number rule for cars, though the city has had no time to prepare for such a disruptive step. Phase III of the metro system will add 75 per cent to track length and therefore accessability, and more than 50 per cent to daily ridership, but it is a year away from completion. And the idea of bus rapid transit (BRT ) corridors, which would have encouraged people to move from cars to buses in phases, has been given up after a botched trial.

In the absence of these two pressure-relieving transport systems, Mr Kejriwal plans as an emergency step to throw over a thousand additional buses on to the roads. Other possible solutions like encouraging car-pooling (special fast lanes on arterial roads for cars with more than one passenger) have not been tried. So expect initial chaos, plus a traffic police unprepared for the sudden extra work of checking all car numbers. We might well end up with a repeat of the BRT denouement: premature demise of the idea. It does not need great knowledge of human affairs to know that this is not how societies should organise themselves. But we are, it would seem, a Cinderella civilization; we need an 11th-hour crisis before we stir ourselves.

So we have to ask ourselves: is the disastrous drowning of Chennai a result of the Cinderella syndrome, and ditto the Mumbai dunking 10 years ago? What about the Uttarkashi flood? Which part of the country is due next? We take pride in how good we usually (though not always) are at relief measures in a crisis, but what about action to prevent man-made crises—as all these episodes were? Perhaps a civil society organization should draw up a list of the priority issues that need attention but are being ignored—and put a Cinderella clock on each issue to indicate how close we are to midnight. It might help focus the mind.

Where Art Thou !

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Who was Narayan Varma ! An accomplished Chartered Accountant, a visionary professional and above all a social service oriented human being. Narayan qualified and enrolled as a member of our Institute in 1955. He completed 60 years of practice in 2015 and celebrated the occasion by inviting many of those who articled with him. He was International President of GIANTS, an international social organisation established by his friend Nana Chudasama. Narayan was our President in 1978 and President of Chamber of Tax Consultants in 1988. During his tenure he initiated changes in their functioning. During the last few years he served the society as an RTI activist and authored books on the Right To Information Act. His contribution on the subject in this journal will be missed. Narayan’s contribution to our journal is immeasurable. He was publisher of the journal since for more than two decades. He was editor and the initiator of many features in the Journal – the most notable being Namaskar.

On a personal note, we met at the RRC held at Mahabaleshwar in 1975 where I presented my first paper and started my journey with BCAS. The acquaintance developed into a relationship I have with few. We formed a group of professionals who have met regularly for the last thirty eight years on every Friday. From ten of us with his passing away we are now only three.

In our philosophy during our life we are expected to repay three debts : viz; Dev rin, Guru rin and Pitri rin. Let us see how Narayan repaid these three debts, in a measure very few of us are capable of. Pitri rin was discharged by having progeny and looking after the family. He has two sons who are loving and successful human beings. Narayan and Ursula have reared a loving family. Guru rin has been repaid by training and mentoring many chartered accountants, amongst them there are many who are our members and lastly Dev rin has been repaid by serving society directly and indirectly through the various social organisations.

Hence, where is Narayan ! I believe he is having fun with our Creator.

God Bless his Soul
Adieu
KC

Levy of Tax on Interest on NRE Deposits

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20th January, 2016

The Editor,
Bombay Chartered Accountants Journal
Mumbai.

Dear Sir,

Re: Levy of Tax on Interest on NRE Deposits

Presently, interest received on NRE Deposits by a Non Resident Indian (NRI) is exempt under section 10(4) of the Income-tax Act. However, the NRIs working and residing in advanced / western countries such as USA, UK, Australia, Canada, New Zealand, France, Germany etc. are liable for tax in the respective home countries on their global income. In this respect, the Taxation Laws in foreign countries are at par with the Law in India [Section 5(1) of the Act] which mandates that a resident in India is liable to pay tax in India on all incomes from whatever source derived.

Now, in view of FAT CA in USA and other similar Laws in other countries, such NRIs are required to declare their Indian Financial Assets and income there from in their Home Countries and pay tax thereon, irrespective of Tax Treatment extended by Indian Government to the NRIs in respect of Income from their Foreign Exchange Deposits /Financial Assets. Therefore, it makes no sense for India to continue to have provisions like Section 10(4) exempting interest income of NRIs from certain bank deposits and Government Securities as the law abiding NRIs are bound to declare such Indian Income and pay tax thereon at full rate in their respective countries of residence.

Therefore, I feel that such Income should be taxed at a reasonable rate, say between 10-15%, so that the Tax Revenue is reasonably shared between the source country(i.e. India) and the country of NRI’s residence (Home Country). The NRI would not be a loser because he would get tax credit / set off in respect of taxes paid / withheld in India against his tax liability in his Home Country.

The tax rate under various Tax Treaties signed by India prescribe tax rate between 10% to 15%. Therefore, it would be eminently feasible to levy tax on NRE deposits @ 10% without causing any additional tax burden on NRIs or causing flight of capital /NRI deposits from India. Such a levy of tax needs to be properly explained/ communicated to the NRIs.

To facilitate easy tax compliance, the Law may prescribe rate of TDS on Interest earned by NRIs (including Interest earned by them on NRO deposits) @ 10%. However, in case of those NRIs who have such Interest income below basic exemption limit, they should be entitled to submit Tax Return like any other Indian Citizen and claim various exemptions and deductions available under the Law and claim refund of TDS which should be granted expeditiously.

In this manner, India can garner substantial tax revenue from NRIs without posing any additional tax burden on the NRIs or causing flight of NRI Deposits.

Yours sincerely,

Tarunkumar Singhal


Fundamental and Operational Ethics

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Morality is a quickly shifting thing, and those who hold on to previous iterations become villains’.

JOEL STEIN Time 13th June 2014

The basic issue is what is Ethics: Philosophers and sociologists have given various definitions, some of which have been reproduced as part of this issue. However, in my view the concept of ethics can be divided into two: viz: fundamental and operational. The fundamentals are ‘truth, honesty and compassion’. Change in circumstances and environment do not impact the fundamentals. If I am not wrong the first codification of these fundamentals are enshrined in the Ten Commandments. Mahatma Gandhi defined ethics negatively by enumerating seven sins: viz:

  • Wealth without work.
  • Pleasure without conscience.
  • Science without humanity.
  • Knowledge without character.
  • Politics without principle.
  • Commerce without morality.
  • Worship without sacrifice.

The fundamentals are also represented by the three proverbial monkeys – ‘see no evil, speak no evil, and hear no evil’.

Coming to the operational ethics, one can say that this continues to evolve by society and change. Some behaviours and actions which were not accepted say a century back or even a few decades back have become the norm and the new norm is accepted without batting an eye. Some of the vivid examples are: divorce, same sex marriages, live-in relationship and women as part of work force. There was a time when the concept of ‘doli’ and ‘arthi’ prevailed – divorce was unthinkable, unaccepted and castigated. Today it is not only accepted but even approbated. According to some statistics the number of women seeking divorce exceeds the number of men seeking divorce.

The English attitude over the years has changed towards Prince Charles and his second wife – a divorcee – Camilla, the Duchess of Cornwall. English are today willing to accept her as queen.

Silvio Berlusconi (77) former prime minister of Italy has won election in 2013 after having been convicted for tax evasion and liaison with a minor and having divorced for the second time his wife after 22 years of marriage and three children and still continues to head Forza Italia party. Incidentally Berlusconi is also embroiled in court cases for allegedly trying to bribe a senator. – TOI 20.2.2014 –

Two instances of society’s change towards marriage and corruption.

A working woman from a middle class family was unacceptable and was even considered by some as not being ethical a few decades back – today it is the norm because of economic necessity and / or because the woman is not only educated but is professionally qualified. Today women contribute to not only to economic and political activity but also take part in intellectual pursuits. The list of women business leaders today is large. Recently General Motors have appointed a Mary Barra as CEO. Let us not forget that both Google (Sherye Sandberg) and Yahoo (Marissa Mayer) have women CEO’s – These ladies have successfully changed their company’s business models. Janet Yellen (2014) heads the Federal Reserve Bank, USA and Indra Nooyi heads Pepsi. In India to name a few would be Kiran Majumdar, Swati Piramal, Chanda Kocher, Shikha Sharma and Aisha De Sequeira. Today women stand tall and head financial, manufacturing, media and marketing behemoths. In the political arena we have had both national and international figures like Indira Gandhi, Golda Meir, Margaret Thatcher, Sirimavo Bandaranaike, Hillary Clinton to name a few. Time issue of 28th Oct. 2013 carries an article on how 20 lady senators are collaborating and impacting decision making in USA. Let us remember, they are smart – they are good listeners and have always instinctively known and practised the art of using whip. There is no area of operation today where women are not excelling.

Same sex relationship which was castigated by society is today accepted. The Supreme Court is being criticised for its recent verdict holding the relationship illegal and section 377 of the Indian Penal code is likely to be amended. The verdict is considered as discriminatory and in violation human rights. Amartya Sen says ‘These people are like ‘life style minority’ – and the Supreme Court judgement is in violation of protection rights of minorities’. U.K., and many countries and many states in USA have legalised same sex marriages. Ireland, a catholic country through a referendum has approved same sex marriage.

Talking on sexuality, Dalai Lama said in Mumbai Mirror 8.3.2014 that: ‘There is difference between public policy and individual morality – people should follow their own religion’s rules on sexuality. But for nonbeliever’s that is up to them’.

Times of India of 12 Dec. 2013 reports that the 3rd place for the Time’s ‘man of the year’ (2013) is U.S – gay activist Edith Windsor in honour of her victory in June 2013 when the U.S. Supreme Court granted same sex marriages the same federal benefits as heterosexual couples.

Pope Francis when questioned on same sex liaisons responded by saying ‘if a person is gay and he seeks God and has goodwill, who am I to judge?’ Times of India of 17.12..2013 reported that because of his view Pope Francis has been named ‘person of the year’ of the oldest gay magazine in the United States.

Ugandan President, Yoweri Museveni said in Time 10.3.2014:

‘There’s now an attempt at social imperialism – to impose social values’.

Few years back when a President of France (Sarkozy) was visiting India it was diplomatically conveyed that his live-in lady (Carla Bruni) would not be extended customary courtesies. However in 2013 when the President Francois Hollande visited with his live-in lady of years Valerie Trierweiler no such action was taken. Further President Hollande’s breakup with Valerie Trierweiler caused by his affair with an actress has been accepted by society. This is an instance of evolution of ‘operational ethics’.

Marriage though not yet out of fashion is co-existing with ‘live-in’ relationships. The best part is that ‘live-in’ relationship is being legally recognised and in some countries even accepted under Succession Laws. The Supreme Court since 2010 has consistently ruled in favour of couples living together as husband and wife, giving woman the rights of a wife. The Victorian concept of manwoman relationship has undergone an unrecognisable change in the way society views this relationship.

According to a survey report by Outlook dt: 24 Feb. 2014 premarital relationship is becoming the order of day even in India. India Today’s survey of 2015 on habits of Indians is an eye opener as it points out to a fact that parents are more concerned about the marks their children get in the exams than their moral habits. According to the TOI of 27th March 2014 contraceptive devices in UK will be freely available to girls below 25 at schools to avoid unwanted pregnancies.

Prenuptial agreements are entered into not only for sharing assets but also pets. The issue is: It may be legal but is it ethical to plan for divorce even before marriage.

These represent change in the attitude of society towards marriage.

Girl child is still not preferred in countries like India, China, Middle East etc. Hence, there has been an increase in girl child abortions despite law prohibiting sex testing and abortions. However, now ‘Family balancing services’ are now available in, USA, Mexico, Cyprus, etc. for determining the sex of a child at prenatal and preconception stage – IVF services. The issue still remains:

Is it ethical to avoid the birth of a female – is this not sex discrimination.

Use of marijuana – as a recreational article was illegal and looked down upon is being legalised and accepted by society is another instance of ever changing operational ethics. President Barrack Obama is said to have remarked: ‘I smoked pot as a kid —- I don’t think it is more dangerous than alcohol’. According to Time of 30 Jan. 2014, $ 1 million – estimated sales on Colorado’s first day of legalising marijuana sales.

Global commission on Drug Policy’s 2014 report recommends legalisation of drugs – marijuana, heroin and cocaine as the cost of prohibition is greater than the alternative.  This  is   probably   because   the   number of people who  have  died  in  drug  wars  is  greater  than the people who have died of use. Time – 29th September 2014.

Ethics in food business over the years has undergone change – for example – obesity and GM foods have become an issue of importance. Companies have started – foreseeing legislation and change in consumer requirement have started disclosing GM content in their food products. Time 20 Jan. 2014.

Corruption both in economic and political arena though visible and accepted is still castigated. The tragedy is it is not shunned and shamed. This is the change in our behaviour. We in India and world over have scams. The scamster when and if caught is punished but still gives reasons justifying his action. Operations of investigating agencies are interfered with by those in power. In one case the Supreme Court called the CBI a ‘caged parrot’.

In the past a politician or a minister even if suspected of corruption was not accepted by the public. Let us not forget that Mr. T.T. Krishnamachari, the finance minister and Mr. H. K. Patel, the finance secretary had to resign because of LIC’s investments in mundra companies as a result   of the report of Chagla Commission. Today according to Mumbai Mirror of 20th April 2014, 321 candidates with criminal record are fighting parliamentary elections. TOI of 22 April 2014 reports 70% voters are willing to ignore candidate’s criminal record. It is rightly said,

‘Honesty in little things is not a little thing’.

Operational ethics is always impacted by the environment, for example, lobbying is the norm in USA and is suspect in India – Nadira tapes case and India looking into Walmart lobbying for business in India. Some politicians have suggested that lobbying should be legalised in India. However, the fundamental concept of that corruption though prevalent is not accepted – which is again exemplified by the Foreign Corruption Practices Act in USA, the UK Bribery law and the relevant Indian law is under amendment.

Shankar Sharma in his article ‘corruption is a non-issue for the voter’ – Business Standard 23 April 2014 cryptically observes:

  •    Was middleclass India so innocent as to be unaware that bribes are an integral part of doing business to run any regulated business such as infrastructure, power or mining (anywhere in the world, actually)? That contracts in these businesses are almost never won honestly, or that bids won honestly have little if any profits embedded in them?

  •   Truth be told: Indians were happy to make money off corruption and happily turned a blind eye to what lay beneath the boom.

  •     We start clambering on to the high moral ground only when we start to feel that somehow the gravy train is eluding us.

  •   We as a nation, are ready for a Faustian bargain. Give us a fistful of economic promissory notes and we will barter all the lofty ideals we once held dear.

  •   More realistically, let us assume that no Indian is that naive. So what does that tell you about our mindset? Not pretty: that as long as the fruits of corruption are trickling down to us, it is a non-issue.

The issue is: what does this represent – change in Society’s attitude towards corruption!

It is because of prevalent corruption we are going through a transparency revolution, for example, the Right to Information Act, The Right to Services Act, Citizen’s Charter etc. Even the corporate laws are continuously changing to bring in better reporting.

Let us not forget that President Clinton was impeached not for what happened in Oval Office (operational ethics) but for telling a lie and denying what happened in Oval Office fundamental ethics – Truth.

Gandhi, Martin and Mandela, despite their perceived weaknesses practiced ethics and fought injustice ethically and succeeded.

Speaking on Kali Yuga, the last of the four ages is characterised by impiety, violence and decay, the Vishnu Purana says, “Social status depends not upon your accomplishments, but in the ownership of property; wealth is now the source of virtue; passion and luxury are the sole bonds between spouses; falsity and lying are the conditions of success in life; sexuality is the sole source of human enjoyment;; religion, a superficial and empty ritual, is confused with spirituality. E.T. 28 January 2015.

Mahabharat is what we are living. In Mahabharat we have good people having vices and the wicked practicing ethics. But the real answer lies in Gita in which Krishna preaches the practice of eternal ethics – values. In times of conflict let us remember what Pearl S. Buck said:

‘You cannot make yourself feel something you do not feel,
but you can make yourself do right inspite of your feelings’.

I would conclude by restating what I said earlier that there is a difference between operational and fundamental ethics. Despite the fact that we are in Kali Yug. I still believe that society inherently believes in the fundamental of truth, honesty and compassion and that is the reason that there is revival in the practice of spirituality.

ABOUT OUR AUTHORS in this SPECiAL ISSUE

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K. C. Narang
Chartered Accountant

Having qualified as a Chartered Accountant, he joined Dalal, Desai & Kumana in 1956 and Retired as Senior Partner of the firm in 1997. He has been Past President of the Bombay Chartered Accountants’ Society (BCAS). He has contributed several articles and papers on Accounting Auditing and Direct Taxes.

Somasekhar Sundaresan
Advocate
A partner in JSA, a national Indian law firm, he heads the securities law practice. He is an active participant in various policy-making and law-writing initiatives, notable among which are regulations on insider trading, takeover regulations, policy on global depository receipts, the draft Indian Financial Code recommended by the Financial Sector Legislative Reform Commission and the RBI’s committee on corporate governance in the banking sector. He is a former assistant editor of The Times of India and now writes a weekly column in a few editions of the Mirror, and a monthly column in Business Standard.

Sanjeevani Bhelande
Singer
She is the first ever winner of a TV talent show in 1995 and has won the best playback singer award for the film, ‘Kareeb’. She has performed over 1,500 live concerts world-wide. She has also ‘song slated’ Meera Bai’s poems into English creating her book and album named ‘Meera and Me’. She has composed and sung around 100 tracks devotional music, she is now learning Odissi dance. An masters in cdommerce, with a degree in Hindustani music and a diploma in Mass Communication, she is now learning Odissi dance.

Dilip Deshmukh
Architect
He has his own firm M/s. Dilip Deshmukh & Associates, after having worked with well-known architects for nearly 18 years. A graduate from the Raheja College of Artchitecture with an additional degree in Architecture from the Mumbai University, he has developed method of conceptualizing a project unique ways, beyond vaastu. He has undertaken a number of turnkey projects, designing commercial offices, residential complexes, hospitals, media rooms, auditoriums conference halls, community centres etc.

Prakash Bhikdeo Bal
Journalist
He is now the Hon. Director of the C.D. Deshmukh Administrative Training Institute, having been a Lecturer there since 1990. He was the Deputy Editor of the Maharashtra Times and the Resident Editor of the Loksatta. He has been a Member of the Board of Studiesof the the BMM Course in the Mumbai University. He has written books on the ethnic conflicts in Sri Lanka and on the 9/11 terrorist attacks in the U.S.A.

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BCAS Practice Management Survey 2015

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I. Prologue:
The Infotech & 4i Committee of the BCAS conducted a first of its kind practice management survey during June 2015 amongst its members to provide vital data points to the members to benchmark themselves with their peers and to make an objective assessment of their own practice and how they can scale up their practice. The survey results have been also compared with similar survey in the US where feasible, for further insight.

II. Data:
This being the first ever survey, the response from the members has been inadequate. At the same time, most response have been meaningful. Given below is the tabulated summary and analysis of the responses. We hope that this will induce many more firms to participate next time around. Rounding off and approximations have been used wherever data was incoherent to make it comparable.

III. Findings:

1) We stratified the responses into four categories: Firms having 1 proprietor-3 partners, 4-6 partners, 7-9 partners and 10 or more partners.

2) The tabulation of the responses for firms in INDIA is given below:

If we look at firms in USA for a comparison, here is a snapshot from a survey conducted by Rosenberg Associates:

3) The analysis of the responses is given below:

a) Respondents for firms with 7-9 partners were very few, and their data is skewed. Example: Average net revenue of such firms is Rs.1.51 crore, whereas the average of firms with 4-6 partners is Rs.2.46 crore. It is possible that the above data may not be a true representation of the real world firms having 7-9 partners.

b) Size:
i) Gross fee per partner is showing an upward trend; where larger the firm, larger is the gross fee per partner.

ii) Similarly, net profit per partner is showing an upward trend.

iii) Net revenues of the firms is showing a healthy upward trend, commensurate to the size of the firm.

c) % to Net revenues: Staff compensation is 32% of the net revenues, overheads (S, G & A) is 21% of the net revenues and partner net income is 45% of the net revenues of the surveyed firm. The staff compensation average in US is 42% which indicates that US firms pay more to their staff than Indian firms. It also conversely means that in India, partners take home ratio is more than their counterparts in USA, which may further indicate that US firms employ more qualified resources.

d) Net revenues of firms at Rs.62 lakh for a 1 proprietor-3 partner firm when compared to Rs.2 crore.

When one looks at US firms, the smallest of the firms have average revenues of Rs.8.8 crore, with the larger firms averaging Rs.45 crore and more. The per partner fees start at Rs.3.5 crore and go above Rs.7.8 crore on an average. Even the net profit per partner averages Rs.1.27 crore and goes to Rs.2.4 crore and beyond for larger firms.

Even discounting for purchasing power parity and professional market adjustments (developed market in US vs. emerging market in India) , Indian firms have a lot of catch up to do. They can bill so much more and partners take home significantly higher than what they currently do.

This strengthens the case for niche practices, for concentrated efforts of specialising in service areas, for commanding higher fees and developing higher per partner revenues. This reinforces the argument that CA firms in India need to come together, consolidate operations and become full service firms with partners focusing on specific service areas and sub-service areas.

IV. Epilogue:

The Infotech and 4i Committee hopes that this survey will be useful to our members, to plan for the future.

Please send your feedback and suggestions to gm@bcasonline.org mentioning “BCAS Practice Management Survey 2015” in the subject line.

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CWG Seam 2010 – Criminal Justice System in India – 03-09-2015.

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Five years after the scandal-ridden 19th Commonwealth Games were staged, a court in Delhi has convicted five people.

The convictions—for causing a loss of Rs.1.42 crore to the government—are the first related to alleged financial improprieties amounting to several hundred crores of rupees in the conduct of the 2010 Games.

What is disturbing is the long time it has taken for the first convictions in a scandal that shamed India.

This is not the end of the journey through the justice system for the convicts: an appeals process that can take many more years will ensure that the last word on the case won’t be heard anytime soon.

India cannot overturn its legal traditions and laws and resort to Chinese-style corruption trials. But this is a moment for our lawmakers and the judiciary to introspect—without greatly simplifying the procedural aspects of criminal law, the system will remain geared to the advantage of wrongdoers.

(Source: Quick Edit in Mint dated 03-09-2015.)

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Raghuram Rajan’s ideas should inform public discourse and policymaking

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In an interview to ET, RBI governor Raghuram Rajan made some points that should inform the public discourse, besides policy-making. One, India’s economic situation is relatively robust and not particularly vulnerable to turbulence sweeping across the world from its epicentre in China. Two, creating strong institutions and flexible markets is the best way to absorb shock; it would be silly to turn our back on the world. Three, macroeconomic stability, functional hedging mechanisms and their adoption by economic agents are the best guarantee of avoiding currency shocks. Four, sectoral remedies run the risk of shifting rather than solving a problem. Five, while fears in certain quarters about a secular stagnation across the world might be exaggerated, India should use their negative effect on commodity prices to consolidate its war on inflation and vanquish it.

While not totally ruling out an interest rate response to economic woes, Rajan’s preference is to kill inflation expectations rather than to prop up growth with negative rates of interest. He points to the quandary of those central bankers whose policy rates are already close to zero and cannot use rate cuts to boost growth to argue that the stimulus to growth has to come from other quarters. Introducing GST, labour reform and removing the obligation on mills to make 40% of the yarn they produce as hanks for use on handlooms are examples of such other boosts that he did not mention. And raising productivity is the surest response, as he argues, to the increased competition arising from imports made cheaper by a depreciating yuan. Rajan did not dwell on the added downward pressure on the rupee that would be exerted by an interestrate cut and the burden this would place on the economy.

What Rajan says is perfect economic sense. The trouble is to align this with political sense for those who have to worry about winning elections. This is possible when economic sense permeates the public discourse, so that political leaders find the courage to argue for it, even at the expense of short-term pain.

(Source: Editorial in The Economic Times dated 28-08-2015.)

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Being human: Will technology mean the end of work? That could be a good or a bad thing

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“If the shuttle would weave and the plectrum touch the lyre without a hand to guide them, chief workmen would not want servants, nor masters slaves” – that was Aristotle, anticipating a pleasant future of self-operating lutes and looms. That is a vision we have always nurtured. But with each big leap in technological progress, we have also worried about the economic and social disruption it could set off, the efficiency of machines and the impending obsolescence of being human.

With the digital revolution and its promise of self-driving cars, robots, machine intelligence and an Internet of Things, there is legitimate reason to worry about a jobless future. A recent Oxford study that analysed over 700 occupations concluded that 47% of these jobs – including in transport, logistics, office administration – could be automated out of existence in the coming decade. The advocates of tech claim that new opportunities are constantly being created. But what if they are wrong?

Tech entrepreneur Vivek Wadhwa is among the pessimists. He believes we are looking at a future where millions are permanently unemployed. This could be a dystopian future, with a tiny tech elite operating the machinery of civilisation while everybody else is dirt poor. Or it could be an arcadian one if, let us say, the government guarantees an income to everyone and we are liberated from the compulsion of having to slave away at work. In such a world work would be like a philanthropic vocation – engaged in only by those who have a yen for it. They might have de-addiction centres for workaholics even as the rest of us cultivate our hobbies. Don’t hand over everything to the machines, though. Masters may not require slaves but we could all be slaves of machines – which Aristotle did not reckon into his pretty picture.

(Source: Editorial in The Times Of India dated 23-07-2015.)

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Miles to go – Doing Business in India report card a much-needed reality check

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The business leaders, who met Prime Minister Narendra Modi last week,
would have been well served had the report entitled “Assessment of State
Implementation of Business Reforms” been released ahead of the meeting.
This exercise, conducted by the Department for Industrial Promotion and
Policy in collaboration with multilateral agencies, revealed in stark
terms the distance India’s states have to travel to create
business-friendly environments. The Centre deserves credit for
conceiving an exercise that highlights the gravity of the problem. That
India is a tough place to do business is no secret; it ranks 142 out of
189 in the World Bank’s Doing Business report of 2015. The Prime
Minister wants to place India within the top 50, and he has leveraged
his chief ministerial experience to convey the message that the
solutions for achieving this do not lie on Raisina Hill alone – the
states have to pull their weight. In a system as argumentative as
India’s it is to his administration’s credit that it managed to get the
states to agree on an exhaustive 98-point action plan last December to
improve the regulatory framework for doing business nationwide. India’s
disparate federation must become a united stakeholder in economic
reform.

It is noteworthy that National Democratic Alliance-ruled
or -allied states topped the overall results. But more pertinent is
that in terms of implementation of the 98-point action plan, no state
made it above 75 per cent, to qualify as a leader, and only seven states
made it to the “aspiring leader” category with scores between 50 and 75
per cent. The worrying factor is the 16 states that were grouped under
“Jump Start Needed” (no surprise, they cover Jammu & Kashmir and the
north-east). Worse, of the eight parameters, the highest score in three
is below 75 per cent. And in enforcing contracts, one of the key
concerns of any investor, the highest score is 55 per cent. The granular
nature of the action plan, grouped under eight broad parameters,
reveals the serious and basic nature of these gaps – more so since they
allow for none of the old alibis regarding step-motherly treatment from
the Centre. For instance, it is striking that no state has a full list
of all the licences, no-objection certificates and registrations
required by a business to set up and operate. Indeed, even states with
high growth rates, such as Maharashtra, cannot claim to offer great
business environments – Gujarat, for instance, scores just 33.3 per cent
in enforcing contracts, on par with Chhattisgarh.

The report is
right to acknowledge it does not take user opinion into account. Much
of the data underlying the indices are shallow, in the sense that
several of them focus on indicators that are not sufficiently
representative of the real problems hampering business. There is no
replacement, thus, for a comprehensive survey of the actual impediments
to business, and not just those reported by state governments. Including
some information on human development indicators – education,
availability of good schools and hospitals and so on – would have also
served as practical information for investors. Overall, however, it
represents a sensible beginning on the implementation of reform and
cooperative federalism.

(Source: Editorial in the Business Standard dated 16-09-2015.)

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