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CURBING OF BLACK MONEY
EDITORIAL
* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004
contd......Pg.3
Celebrating 25 Years of Glorious Publishing
CAVinod Jain*
The initiatives proposed by honourable Finance Minister in his
budget speech on February 28, 2016 to effectively deal with the
problem of black money, which eats into vitals of our society
and economy, are highly commendable. The measures initiated
by the government in the last nine months to bring back the
black money in Swiss Banks has already brought very fruitful
results and the names and the details of possible offenders have
already been disclosed to Special Investigation Team set up by
honourable Supreme Court.
The entire country including the common man heartily supports
the retrieval of illegal black money kept outside India. The main focus of the government
as well as the public is to ensure that money collected from corruption, crime, drug
trafficking and arms dealing are all accessed effectively with the help and support of
foreign government. Fortunately, Uncle Sam (President of United States of America)
is also actively supporting this move in his country's own interest and most of the
international jurisdictions have already signed a treaty with government in this regards
for exchange of all necessary information.
Fear Psychosis
The Finance Minister has proposed new law on black money to be presented with
parliament shortly in respect of concealment of income, assets and evasion of tax in
relation to foreign assets. The objective of the law is appreciated; however the proposed
law has already brought in a big fear psychosis among the genuine businessmen and
corporations in India as well as outside India. It is important for the government to
ensure that another draconian law is not brought in, in a spree, to curb black money
and concealment of foreign assets of money launderers. The manner in which law is
proposed by Finance Minister; it may severely impact the genuine business activities,
domestic as well as international investments by Indians and Foreign Direct Investments
by foreigners in India.
Sweeping Powers:
The proposed law will give sweeping powers to the government officials:
to initiate prosecution with punishment of rigorous imprisonment upto 10 years.
Volume XXVI, No. 03, March, 2015
Pg 2 Latest in Finance
Pg 2 Capital Market
Pg 4 Direct Taxation
Pg 6 Corporate &
Competition Laws
Pg 7 Indirect Taxation
Pg 7 Audit
Pg 8 Insurance / Fema
Budget Highlights
INDEX
The power
corrupts and the
absolute power
corrupts
absolutely
“
”
2
THE CHARTERED ACCOUNTANT WORLD
MARCH 2015
LATEST IN FINANCE / CAPITAL MARKET
2
LATEST IN FINANCE
1.0 Global Depository Receipts permitted to listed
and non-listed Companies
The Finance Ministry notified new depository
receipts scheme, which now allows depository
receipts to be issued against securities of listed,
unlisted of private or public companies against
all underlying securities. The underlying securities
would cover debt instruments, shares or units
etc. Both the sponsored issues and unsponsored
DR issuance has now been permitted.
2.0 RBI clarifies definition of 'Management
Change'
Reserve Bank of India has said substantial change
in Management means "change in the management
by way of transfer of shares or amalgamation or
transfer of shares or amalgamation or transfer of
the business of the company".
3.0 Corporates must take hedging of Forex
Exposure seriously
There is a pressing need on the part of corporates
to improve their risk management practices in
view of imminent tightening of US interest rate
cycles. In this context, hedging of forex exposure
by corporates assumes paramount significance.
It was observed that every corporate needs to
formulate a well-deliberated hedging policy and
ensure strict adherence to it.
4.0 Banks, NBFCs need RBI, SEBI nod to act as
investment advisers
A bank or an Non Banking Financial Corporation
(NBFCs) which proposes to undertake
investment advisory services has to first obtain
permission from Reserve Bank of India and then
shall make an application for grant of registration
through a subsidiary or Separately Identifiable
Department Or Division (SIDD), Securities and
Exchange Board of India (SEBI) said in a public
communication.
Investment advisers who were engaged in
providing investment advice before the
notification of the norms in 2013 have time
till April 20, 2015 to obtain necessary
certification.
5.0 Government approves norms to appoint MDs,
CEOs of 5 State Run Banks
Government makes changes:
Splits post of Chairman into Managing
Directors & Chief Executive Officers.
Allows private sector candidates to apply for
MD & CEO in 'A' category banks
Invites application for BoB, PNB, BoI, IDBI
& Canara Bank
Offers 3 years fixed tenure; flexible salary
package to attract private sector talent
None of the exsting Executive Directors
in Publice Sector Banks will be eligible to
apply.
1.0 Single Statement for all Demat Holdings
Starting next month, the information of Demat
accounts for equity, debt, bond and mutual fund
investments of one individual investor or entity
will formally be clubbed in a single statement.
2.0 SEBI simplifies Trading, DematAccount Form
Securities and Exchange Board of India (SEBI)
has simplified stock market trading
Account Opening Form for local investors to
encourage more participation in capital markets.
Investors can now open a trading and Demat
account by filling up a simplified account opening
form, termed as SARAL form. Individual
investors will have to submit only one
documentary proof of address while opening a
trading account.
CAPITAL MARKET
Corporate Tax reduction
from 30% to 25% over
next four years.
Wealth Tax Act pro-
posed to be deleted
from A.Y. 2016-17.
Additional Surcharge of
2% on taxable Income
of over Rs. 1 Crore for
all assesses.
GAAR to be deferred by
2 years.
Domestic Transfer
Pricing limit increased
from `5 Crore to `20
Crore.
MAT rationalized for
FIIs and share of profit
of AOP.
Cash advance u/s 269SS
and 269T for immovable
property prohibited.
Income Tax rate on
royalty and FTS reduced
to 10% to facilitate
technology inflow.
BUDGET HIGHLIGHTS
3
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
MARCH 2015
EDITORIAL
the offense being non compoundable, proposal to
withdraw powers of Settlement Commission and
penalty equivalent to 300% of the tax levied
even non-filing of return or filing of return with
inadequate disclosures will be liable for imprisonment
upto 7 years.
Proposal to equate offence of concealment of income
or evasion of tax as money laundering
Besides the above sweeping powers, the power of
attachment and confiscation of assets in India or abroad
are also proposed.
The proposed law may be as draconian as possible for the
offenders accumulating assets and black money arising
out of corruption, drug trafficking, anti-national activities,
heinous crimes, terrorism and illegal arms dealing.
However, in case same or similar provisions are extended
to business transactions, investments, imports and exports,
corporate acquisitions, creation of investment funds and
other similar activities undertaken by the resident Indians
and Corporate Indians, a very serious risk may arise of
misuse of such severe powers in the hands of government.
The current government and most of its leaders are highly
honest and dedicated to the national cause but how will
they stop or curb heavy dose of corruption, severe
harassment, arrest, threat to arrest and all kind of similar
misuses. Foreign Exchange Regulation Act (FERA) and
Conservation of Foreign Exchange and Prevention of
Smuggling Activities (COFEPOSA) provide for powers
even beyond the aforesaid draconian law and Indian
democracy and Indian businesses will not tolerate a similar
dose of absolute powers delegated to motivated or over-
enthusiastic officials of the tax department, Enforcement
Directorate, Criminal Bureau of Investigation and various
other enforcement agencies.
The proposed law should not in any manner
adversely impact the economic and business
atmosphere in the country so as to affect genuine
businesses. It is rather important to decontrol most
of the capital account transactions to bring in
more growth and investment including growth of
large businesses within India and outside India as
well as international investments in India.
The following important controls and precautions need to
be built in the proposed law:-
The proposed law should apply only to black money
arising out of currently defined money laundering in
terms of Money Laundering Act, 2002.
The foreign assets and international business transactions
should not be in the scope of proposed law.
The contravention of FEMA is currently liable for
penalty upto 3 times of the amount involved. To
provide for powers of confiscation and attachment
beside imprisonment will completely reverse the
decision taken by the government while replacing
FEMA with FERA.
The BJP government had committed to the nation that it
will bring back the illicit Black Money held in Swiss
Accounts through their election manifesto. Due to political
pressure as the ruling party, it is important for PM to
remember that they also made following promises:
Non adversarial and conducive tax environment
Conducive and friendly business environment
Eradication of harassment and corruption in tax
administration
Eradication of tax terrorism
To address uncertainty and anxiety among business
class
Simpler and small Direct Tax Laws
Stable and reliable tax regime
Improvement of investment climate with the target of
ease of doing business in India.
The government needs to be very careful and balance the
aforesaid promises on one hand and curbing of black money
through the proposed draconian black money law on the
other. The current government is highly matured and needs
to appreciate that a powerful section of bureaucracy which
has been highly corrupt wishes to take the party in power
into a wrong direction so that all the good initiatives taken
by the government are destabilized.
EDITORIAL
Black Money Law –
A need for serious debate
Contd........
Limit of deduction of
health insurance premium
for self increased to `25000
and for senior citizens limit
increased to `30000.
Investment in 'Sukanya
Samriddhi Scheme' to fully
exempt u/s 80C upto
`150,000. interest payment
on deposit is also exempt.
All goods, except popu-
lated printed circuit boards
for use in manufacture of
ITA bound items, ex-
empted from SAD.
100% deduction for
contributions, other than
CSR, to Swachh Bharat
Kosh and Clean Ganga
Fund u/s 80G
BUDGET HIGHLIGHTS
,,
,,
4
THE CHARTERED ACCOUNTANT WORLD
MARCH 2015
CAPITAL MARKET / DIRECT TAXATION
3.0 BSE SME Exchange tightens Listing Norms
and Eligibility Criteria
BSE SME has tightened the listing norms and
eligibility criteria by increasing the post-issue paid
up capital threshold to ` 3 crore from ` 1 crore
for companies listing on the exchange platform.
The exchange has also raised the net worth
(excluding reserves) and tangible asset
requirement to ` 3 crore from ` 1 crore. The
revised norms would be applicable from April.
A company intending to list on the SME exchange
should also have registered profit (excluding
extraordinary income) for at least two years of
the immediate three preceding financial years or
a net worth of ` 5 crore for three financial years
before applying for listing.
4.0 New norm for Institutional Trading Platform
BSE SME has also prescribed additional norms
for listing of specified securities on the ITP. The
exchange launched the ITP to enable Small and
Medium Enterprises and start-up to achieve listing
without an Initial Public Offer (IPO).
For companies listing on ITP the minimum
investment amount in a firm should be ` 10 crore
or 25% of the listed capital, whichever is higher.
5.0 Commodities Transaction Tax expanded to
cover 38 more items
The Finance Ministry has expanded the list of
agricultural commodities that are exempted from
the Commodities Transaction Tax (CTT). As
many as 38 items have been added to the existing
list of 23 agricultural commodities.
6.0 BSE to launch function to prevent self trades
in equities
Bombay Stock Exchange (BSE) said it plans to
introduce a new functionality in its equity segment
to prevent self trades from March 16.
The self-trade prevention check functionality is
being introduced with the purpose of preventing
matching between a buy and a sell order entered
1.0 CBDT to frame rules for Foreign Tax Credit
The Central Board of Direct Taxes (CBDT) will
frame rules to provide the procedures for
domestic taxpayers to avail relief or deduction
on the taxes paid by them in foreign countries.
2.0 TDS on payment to Foreign Consultant
The Supreme Court delivered a judgment in which
an Indian company was denied no objection
certificate (NOC) to remit the 'success fee' to a
Swiss firm because it did not deduct tax at source.
In this case, GVK Industries Ltd v ITO, the Indian
firm sought the services ofABB of Zurich to raise
finance from Indian and foreign sources.
After rendering the services, the foreign firm sent
invoice to GVK for the success fee. When GVK
approached the tax authorities for NOC, it was
denied. Its argument that the Swiss firm had no
place of business here, all services rendered were
from abroad, and no part of success fee could
DIRECT TAXATION
in the same order book by a member for the same
client code originating from same or different
trading terminals of the member.
7.0 High Court stays CLB nearing on FTIL board
supersession
The Bomaby High Court stayed a scheduled
Company Law Board (CLB) hearing on a petition
of the Ministry of Corporate Affairs seeking
superssession of the current board of directors
of Financial Technologies (India) Limited.
8.0 SEBI fines DLF, Directors ` 26 Crore each
DLF and its non-independent directors - KP
Singh, Rajiv Singh, Pia Singh TC Goyal, Ramesh
Sanka, GS Talwar and KameshwarSwarup have
been fined ` 26 crore each by Securities and
Exchange Board of India. The fine has been
imposed for non-disclosure of material
information in the company's offer documents
during its IPO.
Service Tax rate including
education cess increased
to 14%.
Excise Duty rate to be 12.5%
subsuming EC and SHEC.
Tax "pass through" to be
allowed to both cat-
egory-I and category-II
Alternative Investment
Funds (AIFs).
Deduction u/s 80CCC for
contribution to notified
Pension Schemes
increased to `1,50,000
from `1,00,000.
Additional deduction of
`50,000 for contribution to
National Pension Scheme
(NPS) under section
80CCD for individuals.
BUDGET HIGHLIGHTS
5
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
MARCH 2015
DIRECT TAXATION
be said to arise in this country attracting tax
liability were rejected.
The revenue authorities contended that the
Swiss firm actively arranged loans and provided
various services that attracted the income tax
provisions. Therefore, tax must be deducted
before remitting the fee abroad. Andhra Pradesh
High Court ruled in favour of tax authorities u/s
9(1). This view was upheld by Supreme Court.
3.0 Amount Payable to a contractor or sub
contractor: Section 40(a)(ia)
Where assessee had not deducted tax at source
as it was well aware that recipient had no taxable
income, though declarations in Form 15G/H
were obtained late the said section was not
applicable.
Capital Pharma v. Income-tax Officer, (Bangalore - Trib.)
4.0 Medical Relief
Where assessee, a charitable society registered
under section 12A, was running a hospital,
income earned by it from its pharmacy being
integral to main object of running hospital, could
not be excluded from computing income eligible
for exemption under section 11.
Franciscan Sisters of St. Joseph Society v. JCIT
5.0 Resale Price Method - Most Appropriate
Method to determine Arm's Length Price
The High Court of Bombay held that in case of
distribution or marketing activities when goods
are purchased from associated entities and sales
are affected to unrelated parties without any
further processing, then, RPM is most appropriate
method to determine ALP of said transaction.
Commissioner of Income-tax v. L'Oreal India (P.) Ltd
6.0 Section 2(22) - Deemed dividend (Loans and
advances)
The High Court of Delhi has held that merely
because shares were issued belatedly in
subsequent year, share application money cannot
be treated as loan or deposits or advance for
Rationalised capital gains for
the sponsors exiting at the
time of listing of the units of
Real Estate Investment Trust
(REITs) and InvITs.
invoking provisions of section 2(22)(e).
Commissioner of Income-tax vs. Alpex Exports (P.) Ltd.,
[2014] 49 taxmann.com 389 (Delhi)
7.0 Section 195 could not be invoked in respect of
payment by assessee of commission on export
sale made to a US company which had no
permanent establishment in India.
Assistant Director of Income-tax, Jaipur v. Sumit Gupta
8.0 Discounting Charges and Factoring Charges
Not To Be Treated As Interest - No TDS
TheHighCourtofCalcuttahasheldthatdiscounting
charges of bill of exchange and factoring charges
of sale could not be treated as interest; hence,
assessee was not liable to deduct TDS on it.
Commissioner of Income-tax vs. MKJ Enterprises Ltd.
9.0 Notice under section 143(2)-Valid on next day
The Supreme Court of India has held that notice
under section 143(2) having been served upon
assessee on very next working day due date being
Sunday, was valid.
Gujarat State Plastic Manuf. Association vs. Deputy Director
of Income-tax, Ahmedabad, 51 taxmann.com 372 (SC)
10.0 Forex Gains - Includible In Operating Profit
while determining ALP
The ITAT held that Forex gains are includible in
operating profit while determining Arm's Length
Price (ALP) of international transaction.
I-T officer vs EDAG Engineers & Design India (p) ltd.
[2014] 52 taxmann.com 398
11.0 Non-Compete Fee Paid To Director- Revenue
Expenditure
The ITAT in ACIT vs. Clariant Chemicals(i) Ltd.
held that non-compete fee paid to director on his
retirement to restrict him from sharing his
experience was revenue expenditure.
12.0 The High Court of Andhra Pradesh held that
unabsorbed loss or carried forward depreciation
spilled over block period shall not be adjusted
against undisclosed income.
Mahalaxmi Motors Ltd. v. Secretary, Income-tax Settlement
Commission, Chennai [2015] 53 taxmann.com 147
BUDGET HIGHLIGHTS
Manpower supply services
and Security services to
body Corporates brought
under full Reverse Charge
Mechanism .
Cenvat credit shall now be
taken within one year of
the issue of any documents
specified in Rule 9(1) of the
Cenvat Credit Rules
Central excise/Service tax
assesses to be allowed to
use digitally signed
invoices and maintain
record electronically.
6
THE CHARTERED ACCOUNTANT WORLD
MARCH 2015
CORPORATE & COMPETITION LAWS
1.0 Centre tightens definition of 'Small Company'
A company would have to clear both the tests-
paid-up capital as well as turnover norm-to qualify
as a 'small company'.
2.0 Teritorial Jurisdiction of Cheque
The Supreme Court of India has held that where
cheque was drawn at a bank in Karnataka,
presentation of cheque to a bank in Kerala would
not by itself confer jurisdiction upon Kerala Court.
Suku v. Jagdish [2014] 50 taxmann.com 367 (SC)
3.0 Imposition of one-sided terms on sale of plot
by a developer dominant in real estate market
wasn't justified
The Competition Commission of India has held
that imposition of unfair and one-sided terms and
conditions by OP, a dominant player in relevant
market for development and sale of residential
plot, in agreement was abusive in terms of
provisions of Section 4.
Ms. AanchalKhetarpal v. Jaiprakash Associates Ltd.
4.0 Power of attorney in cheque bounce:
Supreme Court
Any employee of a company cannot file a
criminal complaint about a cheque that was
dishonoured by a bank under Negotiable
Instruments Act. There must be proper
authorisation and power of attorney in that behalf,
the court stated in batch of appeals titled.
A C Narayan v State of Maharashtra.
5.0 Form No. GNL-4 for filing addendum for
rectification of defects or incompleteness
notified
Any further information or documents called for,
in respect of application or e-form or document,
filed electronically with the Ministry of Corporate
Affairs in terms of Companies Act 1956 shall be
furnished in Form No. GNL-4 as an addendum.
6.0 Earnest money lost if bid is withdrawn
The Supreme Court has held that a condition in
a tender notice that earnest money would be
Online central excise
and service tax registra-
tion to be done in two
working days.
LLP, Sole proprietorship
and One Person Company
can also seek Advance
Ruling.
Transport Allowance
exemption limit in-
creased to `1600 per
month.
Efforts on various fronts
to implement Goods and
Service Tax from next
year.
forfeited if a bid is withdrawn is valid and not
against the Contract Act.
NTPC vs M/s Ashok Kumar
7.0 Vague terms in arbitration clause
Supreme Court rejected the prayer of a company
to appoint an arbitrator in its dispute with another
as the arbitration clause in the sales contract was
vague.
System for International Agencies v. Rahul Coach Builders
8.0 The Supreme Court of India has held that in
absence of independent evidence of corroborative
nature, retracted statement of appellant could not
constitute exclusive basis to determine culpability
of appellant under section 9 of FERA.
A. Tajudeen v. Union of India, 51 taxmann.com 350 (SC)
9.0 Shareholders nod not a must for Banks,
Insurance Cos, HFCs to buy Company Stakes
Banks, Insurance and Housing Finance
Companies will no longer have to seek approval
from shareholders before acquiring equity in
companiesmaking acquisition of securities in the
ordinary course of its business u/s 186 of
Companies Act, 2013.
10.0 Provision of suspension of legal proceedings
under SICA prevails over provisions of debt
recovery under RDDB Act
The Supreme Court of India has held that
Provisions of SICA, in particular Section 22, shall
prevail over provision for recovery of debts in
RDDBAct.
KSL & Industries Ltd. v. Arihant Threads Ltd.
11.0 BIFR' is sole authority to decide if a sick
company can be moved out of its jurisdiction
The Supreme Court Of India held that BIFR alone
is empowered to determine whether net worth
of sick company has become positive as a result
of which it would cease to have jurisdiction over
company. Any inquiry into such issue regarding
net worth by anyone outside SICA including civil
court, would be against express intent of Act and
would lead to incongruous and undesired results
GhanshyamSarda vs. Shiv Shankar Trading Co.
BUDGET HIGHLIGHTS
CORPORATE & COMPETITION LAWS
For more details on budget, visit www.aicas.in
7
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
MARCH 2015
INDIRECT TAXATION / AUDIT
1.0 Garnishee Order- Recovery of arrears in
installments and amendment of Garnishee
Notice
In terms of sub-section (2) of section 11 of the
Central ExciseAct, 1944. Central Excise Officers
are empowered under this provision to issue an
order toany other person from whom money is
due to such person from whom recovery of
arrearsis required to be made. Such notice for
recovery to the other person is generally referred
as Garnishee Notice.
Clarification:
It is hereby clarified that recovery officers do
have powers to add, amend, vary or rescind any
Garnishee Notice issued. However, the interest
of revenue has to be suitably safeguarded.
Installment to permit
It has been decided by the Board to allow
recovery of arrears of taxes, interest and penalty
in installments. The power to allow such payment
in monthly installments shall be discretionary and
shall be exercised by the Commissioners for
granting sanction to pay arrears in installments
upto a maximum of 24 monthly installments and
by the Chief Commissioners for granting sanction
to pay arrears in monthly installments greater than
24 and upto a maximum of 36 monthly
installments.
The facility to pay arrears in installments shall
generally be granted to companies which show a
reasonable cause for payment of arrears in
installments such as the company beingunder
temporary financial distress. Approval to pay in
installments and the number of installments
should be fixed such that an appropriate balance
between recovery of arrears and survival of
business is maintained taking into consideration
the overall financial situation of the company, its
assets, liabilities, income and expenses.
2.0 Levy of service tax on restaurants and hotel
accommodation is unconstitutional
The high court of Kerala has held that Levy of
service tax on : (1) service forming part of supply
of goods in a restaurant, as well as, (2) short-
term accommodation services in hotels, inns, etc.
is unconstitutional being violative of Entries 54
and 62, respectively, of State List.
INDIRECT TAXATION
Under works contract, only 'transfer of property
in goods' is liable to VAT/sales-tax, therefore,
service portion can be charged to service tax;
however, in case of restaurants, entire supply of
food (even as a part of service) is deemed to be
sale and therefore, consideration therefor cannot
be charged to service tax.
Union of India v. Kerala Bar Hotels Association, Cochin*
3.0 Sum Paid to advertise group name 'HCL' instead of
assessee's name was also eligible for input credit.
CCE, Noida, v. HCL Technologies Ltd.
4.0 Online Aggregators under Net
The budget proposal to bring the online commerce
industry under the ambit of the new service tax
rate of 14% will impact web-based aggregators of
retail sellers, taxi owners, bus operators and hotels
including companies such as Amazon, Flipkart,
Uber, Snapdeal and OlaCabs.
March 1 onwards, online aggregators that own and
manage a web-based software application came
under the tax net.
AUDIT
1.0 Overdraft under Jan-Dhan comes under
priority sector lending: RBI
The Reserve Bank of India said bank overdrafts
of up to `5,000 in accounts opened under Jan Dhan
Yojna would be treated as priority sector lending.
FINANCIAL INDICATORS
CurrentRate* MonthAgo 3Month 6Month
3 Month LIBOR (%) 0.2677% 0.2584 0.2541 0.2399
3 Month MIBOR (%) 8.38 8.59 8.63 8.55
SENSEX 28709.87 28355.62 27585.27 27831
NIFTY 8712.05 8565.55 8323 8355.65
CRR (%) 4 4 4 4
REPO (%) 7.50% 7.75 8.00% 8.00%
REVERSE REPO (%) 6.50% 6.75 7.00% 7.00%
Gold (per 10 gm) 25933 27295 26905 27220
Silver (per kg) 35610 37440 36664 38112
Crude (USD/bbl) 49.93 56.46 50.305 64.24
` vs USD 62.6983 62.1888 62.1605 61.95
` vs Euro 67.6577 70.3728 73.7348 76.7499
` vs 100 Yen 51.47 51.98 52.62 51.98
` vs RMB 10.0358 9.9615 10.0097 10.0319
` vs Pound 94.549 94.4136 94.2788 97.1562
MCX Aluminium (per kg) 109.7 114.15 725.25 121.95
MCX Copper (per kg) 368.65 353.5 378.9 399.35
*As on March 10, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
Contact details : Dharampal (9013363257) All India Chartered Accountants’ Society - CFO World 909, Chiranjiv Tower, 43, Nehru Place,
New Delhi-110019. Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS
E-mail: pankajguptafcs@gmail.com PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered
Accountants’ Society, 4696, Brij Bhawan, 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com
Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept
any responsibility.
If undelivered, please return to :
All India CharteredAccountants’Society
4696, Brij Bhawan 21A, Ansari Road,
Darya Ganj, New Delhi-110 002
Date of Printing : 12th
MARCH, 2015
R.N.I. No. 50796/90
Posting Date: 14/15 March, 2015
Registration No. DL(c)-01/1268/2015-17
Licenced to post without prepayment No. U-(C)-82/2015-17
1.0 IRDAI issues norms for Insurance Marketing
Firms (IMF)
The Insurance Regulatory and DevelopmentAuthority
of India released its final guidelines on IMFs, which
will be a new distribution category for insurance
products. With a minimum capital requirement of `
INSURANCE / FEMA
10 lakh, the insurance marketing firm can distribute
products of two life insurers, two general insurers
and two health insurance companies at any point in
time.
Under these norms, IMFs can market and service
insurance through insurance sales persons, apart
from marketing other financial products through
financial service executives. These include products
of mutual fund companies, pension products of
Provident Fund Regulatory Development Authority,
other financial products distributed by SEBI-licensed
investment advisors.
2.0 CCI clears change in SpiceJet ownership
The Competition Commission of India cleared the
proposal to acquire a majority stake in cash-strapped
SpiceJet.
2.0 Auditors will be held responsible for Fraud in
Company Operations
Starting this year, directors will have to comment
on the existence and effectiveness of internal
financial controls in their board report.
An external auditor could face up to 10 years of
jail term for failing to report frauds.

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Curbing of black money

  • 1. CURBING OF BLACK MONEY EDITORIAL * Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004 contd......Pg.3 Celebrating 25 Years of Glorious Publishing CAVinod Jain* The initiatives proposed by honourable Finance Minister in his budget speech on February 28, 2016 to effectively deal with the problem of black money, which eats into vitals of our society and economy, are highly commendable. The measures initiated by the government in the last nine months to bring back the black money in Swiss Banks has already brought very fruitful results and the names and the details of possible offenders have already been disclosed to Special Investigation Team set up by honourable Supreme Court. The entire country including the common man heartily supports the retrieval of illegal black money kept outside India. The main focus of the government as well as the public is to ensure that money collected from corruption, crime, drug trafficking and arms dealing are all accessed effectively with the help and support of foreign government. Fortunately, Uncle Sam (President of United States of America) is also actively supporting this move in his country's own interest and most of the international jurisdictions have already signed a treaty with government in this regards for exchange of all necessary information. Fear Psychosis The Finance Minister has proposed new law on black money to be presented with parliament shortly in respect of concealment of income, assets and evasion of tax in relation to foreign assets. The objective of the law is appreciated; however the proposed law has already brought in a big fear psychosis among the genuine businessmen and corporations in India as well as outside India. It is important for the government to ensure that another draconian law is not brought in, in a spree, to curb black money and concealment of foreign assets of money launderers. The manner in which law is proposed by Finance Minister; it may severely impact the genuine business activities, domestic as well as international investments by Indians and Foreign Direct Investments by foreigners in India. Sweeping Powers: The proposed law will give sweeping powers to the government officials: to initiate prosecution with punishment of rigorous imprisonment upto 10 years. Volume XXVI, No. 03, March, 2015 Pg 2 Latest in Finance Pg 2 Capital Market Pg 4 Direct Taxation Pg 6 Corporate & Competition Laws Pg 7 Indirect Taxation Pg 7 Audit Pg 8 Insurance / Fema Budget Highlights INDEX The power corrupts and the absolute power corrupts absolutely “ ”
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD MARCH 2015 LATEST IN FINANCE / CAPITAL MARKET 2 LATEST IN FINANCE 1.0 Global Depository Receipts permitted to listed and non-listed Companies The Finance Ministry notified new depository receipts scheme, which now allows depository receipts to be issued against securities of listed, unlisted of private or public companies against all underlying securities. The underlying securities would cover debt instruments, shares or units etc. Both the sponsored issues and unsponsored DR issuance has now been permitted. 2.0 RBI clarifies definition of 'Management Change' Reserve Bank of India has said substantial change in Management means "change in the management by way of transfer of shares or amalgamation or transfer of shares or amalgamation or transfer of the business of the company". 3.0 Corporates must take hedging of Forex Exposure seriously There is a pressing need on the part of corporates to improve their risk management practices in view of imminent tightening of US interest rate cycles. In this context, hedging of forex exposure by corporates assumes paramount significance. It was observed that every corporate needs to formulate a well-deliberated hedging policy and ensure strict adherence to it. 4.0 Banks, NBFCs need RBI, SEBI nod to act as investment advisers A bank or an Non Banking Financial Corporation (NBFCs) which proposes to undertake investment advisory services has to first obtain permission from Reserve Bank of India and then shall make an application for grant of registration through a subsidiary or Separately Identifiable Department Or Division (SIDD), Securities and Exchange Board of India (SEBI) said in a public communication. Investment advisers who were engaged in providing investment advice before the notification of the norms in 2013 have time till April 20, 2015 to obtain necessary certification. 5.0 Government approves norms to appoint MDs, CEOs of 5 State Run Banks Government makes changes: Splits post of Chairman into Managing Directors & Chief Executive Officers. Allows private sector candidates to apply for MD & CEO in 'A' category banks Invites application for BoB, PNB, BoI, IDBI & Canara Bank Offers 3 years fixed tenure; flexible salary package to attract private sector talent None of the exsting Executive Directors in Publice Sector Banks will be eligible to apply. 1.0 Single Statement for all Demat Holdings Starting next month, the information of Demat accounts for equity, debt, bond and mutual fund investments of one individual investor or entity will formally be clubbed in a single statement. 2.0 SEBI simplifies Trading, DematAccount Form Securities and Exchange Board of India (SEBI) has simplified stock market trading Account Opening Form for local investors to encourage more participation in capital markets. Investors can now open a trading and Demat account by filling up a simplified account opening form, termed as SARAL form. Individual investors will have to submit only one documentary proof of address while opening a trading account. CAPITAL MARKET Corporate Tax reduction from 30% to 25% over next four years. Wealth Tax Act pro- posed to be deleted from A.Y. 2016-17. Additional Surcharge of 2% on taxable Income of over Rs. 1 Crore for all assesses. GAAR to be deferred by 2 years. Domestic Transfer Pricing limit increased from `5 Crore to `20 Crore. MAT rationalized for FIIs and share of profit of AOP. Cash advance u/s 269SS and 269T for immovable property prohibited. Income Tax rate on royalty and FTS reduced to 10% to facilitate technology inflow. BUDGET HIGHLIGHTS
  • 3. 3 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY MARCH 2015 EDITORIAL the offense being non compoundable, proposal to withdraw powers of Settlement Commission and penalty equivalent to 300% of the tax levied even non-filing of return or filing of return with inadequate disclosures will be liable for imprisonment upto 7 years. Proposal to equate offence of concealment of income or evasion of tax as money laundering Besides the above sweeping powers, the power of attachment and confiscation of assets in India or abroad are also proposed. The proposed law may be as draconian as possible for the offenders accumulating assets and black money arising out of corruption, drug trafficking, anti-national activities, heinous crimes, terrorism and illegal arms dealing. However, in case same or similar provisions are extended to business transactions, investments, imports and exports, corporate acquisitions, creation of investment funds and other similar activities undertaken by the resident Indians and Corporate Indians, a very serious risk may arise of misuse of such severe powers in the hands of government. The current government and most of its leaders are highly honest and dedicated to the national cause but how will they stop or curb heavy dose of corruption, severe harassment, arrest, threat to arrest and all kind of similar misuses. Foreign Exchange Regulation Act (FERA) and Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) provide for powers even beyond the aforesaid draconian law and Indian democracy and Indian businesses will not tolerate a similar dose of absolute powers delegated to motivated or over- enthusiastic officials of the tax department, Enforcement Directorate, Criminal Bureau of Investigation and various other enforcement agencies. The proposed law should not in any manner adversely impact the economic and business atmosphere in the country so as to affect genuine businesses. It is rather important to decontrol most of the capital account transactions to bring in more growth and investment including growth of large businesses within India and outside India as well as international investments in India. The following important controls and precautions need to be built in the proposed law:- The proposed law should apply only to black money arising out of currently defined money laundering in terms of Money Laundering Act, 2002. The foreign assets and international business transactions should not be in the scope of proposed law. The contravention of FEMA is currently liable for penalty upto 3 times of the amount involved. To provide for powers of confiscation and attachment beside imprisonment will completely reverse the decision taken by the government while replacing FEMA with FERA. The BJP government had committed to the nation that it will bring back the illicit Black Money held in Swiss Accounts through their election manifesto. Due to political pressure as the ruling party, it is important for PM to remember that they also made following promises: Non adversarial and conducive tax environment Conducive and friendly business environment Eradication of harassment and corruption in tax administration Eradication of tax terrorism To address uncertainty and anxiety among business class Simpler and small Direct Tax Laws Stable and reliable tax regime Improvement of investment climate with the target of ease of doing business in India. The government needs to be very careful and balance the aforesaid promises on one hand and curbing of black money through the proposed draconian black money law on the other. The current government is highly matured and needs to appreciate that a powerful section of bureaucracy which has been highly corrupt wishes to take the party in power into a wrong direction so that all the good initiatives taken by the government are destabilized. EDITORIAL Black Money Law – A need for serious debate Contd........ Limit of deduction of health insurance premium for self increased to `25000 and for senior citizens limit increased to `30000. Investment in 'Sukanya Samriddhi Scheme' to fully exempt u/s 80C upto `150,000. interest payment on deposit is also exempt. All goods, except popu- lated printed circuit boards for use in manufacture of ITA bound items, ex- empted from SAD. 100% deduction for contributions, other than CSR, to Swachh Bharat Kosh and Clean Ganga Fund u/s 80G BUDGET HIGHLIGHTS ,, ,,
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD MARCH 2015 CAPITAL MARKET / DIRECT TAXATION 3.0 BSE SME Exchange tightens Listing Norms and Eligibility Criteria BSE SME has tightened the listing norms and eligibility criteria by increasing the post-issue paid up capital threshold to ` 3 crore from ` 1 crore for companies listing on the exchange platform. The exchange has also raised the net worth (excluding reserves) and tangible asset requirement to ` 3 crore from ` 1 crore. The revised norms would be applicable from April. A company intending to list on the SME exchange should also have registered profit (excluding extraordinary income) for at least two years of the immediate three preceding financial years or a net worth of ` 5 crore for three financial years before applying for listing. 4.0 New norm for Institutional Trading Platform BSE SME has also prescribed additional norms for listing of specified securities on the ITP. The exchange launched the ITP to enable Small and Medium Enterprises and start-up to achieve listing without an Initial Public Offer (IPO). For companies listing on ITP the minimum investment amount in a firm should be ` 10 crore or 25% of the listed capital, whichever is higher. 5.0 Commodities Transaction Tax expanded to cover 38 more items The Finance Ministry has expanded the list of agricultural commodities that are exempted from the Commodities Transaction Tax (CTT). As many as 38 items have been added to the existing list of 23 agricultural commodities. 6.0 BSE to launch function to prevent self trades in equities Bombay Stock Exchange (BSE) said it plans to introduce a new functionality in its equity segment to prevent self trades from March 16. The self-trade prevention check functionality is being introduced with the purpose of preventing matching between a buy and a sell order entered 1.0 CBDT to frame rules for Foreign Tax Credit The Central Board of Direct Taxes (CBDT) will frame rules to provide the procedures for domestic taxpayers to avail relief or deduction on the taxes paid by them in foreign countries. 2.0 TDS on payment to Foreign Consultant The Supreme Court delivered a judgment in which an Indian company was denied no objection certificate (NOC) to remit the 'success fee' to a Swiss firm because it did not deduct tax at source. In this case, GVK Industries Ltd v ITO, the Indian firm sought the services ofABB of Zurich to raise finance from Indian and foreign sources. After rendering the services, the foreign firm sent invoice to GVK for the success fee. When GVK approached the tax authorities for NOC, it was denied. Its argument that the Swiss firm had no place of business here, all services rendered were from abroad, and no part of success fee could DIRECT TAXATION in the same order book by a member for the same client code originating from same or different trading terminals of the member. 7.0 High Court stays CLB nearing on FTIL board supersession The Bomaby High Court stayed a scheduled Company Law Board (CLB) hearing on a petition of the Ministry of Corporate Affairs seeking superssession of the current board of directors of Financial Technologies (India) Limited. 8.0 SEBI fines DLF, Directors ` 26 Crore each DLF and its non-independent directors - KP Singh, Rajiv Singh, Pia Singh TC Goyal, Ramesh Sanka, GS Talwar and KameshwarSwarup have been fined ` 26 crore each by Securities and Exchange Board of India. The fine has been imposed for non-disclosure of material information in the company's offer documents during its IPO. Service Tax rate including education cess increased to 14%. Excise Duty rate to be 12.5% subsuming EC and SHEC. Tax "pass through" to be allowed to both cat- egory-I and category-II Alternative Investment Funds (AIFs). Deduction u/s 80CCC for contribution to notified Pension Schemes increased to `1,50,000 from `1,00,000. Additional deduction of `50,000 for contribution to National Pension Scheme (NPS) under section 80CCD for individuals. BUDGET HIGHLIGHTS
  • 5. 5 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY MARCH 2015 DIRECT TAXATION be said to arise in this country attracting tax liability were rejected. The revenue authorities contended that the Swiss firm actively arranged loans and provided various services that attracted the income tax provisions. Therefore, tax must be deducted before remitting the fee abroad. Andhra Pradesh High Court ruled in favour of tax authorities u/s 9(1). This view was upheld by Supreme Court. 3.0 Amount Payable to a contractor or sub contractor: Section 40(a)(ia) Where assessee had not deducted tax at source as it was well aware that recipient had no taxable income, though declarations in Form 15G/H were obtained late the said section was not applicable. Capital Pharma v. Income-tax Officer, (Bangalore - Trib.) 4.0 Medical Relief Where assessee, a charitable society registered under section 12A, was running a hospital, income earned by it from its pharmacy being integral to main object of running hospital, could not be excluded from computing income eligible for exemption under section 11. Franciscan Sisters of St. Joseph Society v. JCIT 5.0 Resale Price Method - Most Appropriate Method to determine Arm's Length Price The High Court of Bombay held that in case of distribution or marketing activities when goods are purchased from associated entities and sales are affected to unrelated parties without any further processing, then, RPM is most appropriate method to determine ALP of said transaction. Commissioner of Income-tax v. L'Oreal India (P.) Ltd 6.0 Section 2(22) - Deemed dividend (Loans and advances) The High Court of Delhi has held that merely because shares were issued belatedly in subsequent year, share application money cannot be treated as loan or deposits or advance for Rationalised capital gains for the sponsors exiting at the time of listing of the units of Real Estate Investment Trust (REITs) and InvITs. invoking provisions of section 2(22)(e). Commissioner of Income-tax vs. Alpex Exports (P.) Ltd., [2014] 49 taxmann.com 389 (Delhi) 7.0 Section 195 could not be invoked in respect of payment by assessee of commission on export sale made to a US company which had no permanent establishment in India. Assistant Director of Income-tax, Jaipur v. Sumit Gupta 8.0 Discounting Charges and Factoring Charges Not To Be Treated As Interest - No TDS TheHighCourtofCalcuttahasheldthatdiscounting charges of bill of exchange and factoring charges of sale could not be treated as interest; hence, assessee was not liable to deduct TDS on it. Commissioner of Income-tax vs. MKJ Enterprises Ltd. 9.0 Notice under section 143(2)-Valid on next day The Supreme Court of India has held that notice under section 143(2) having been served upon assessee on very next working day due date being Sunday, was valid. Gujarat State Plastic Manuf. Association vs. Deputy Director of Income-tax, Ahmedabad, 51 taxmann.com 372 (SC) 10.0 Forex Gains - Includible In Operating Profit while determining ALP The ITAT held that Forex gains are includible in operating profit while determining Arm's Length Price (ALP) of international transaction. I-T officer vs EDAG Engineers & Design India (p) ltd. [2014] 52 taxmann.com 398 11.0 Non-Compete Fee Paid To Director- Revenue Expenditure The ITAT in ACIT vs. Clariant Chemicals(i) Ltd. held that non-compete fee paid to director on his retirement to restrict him from sharing his experience was revenue expenditure. 12.0 The High Court of Andhra Pradesh held that unabsorbed loss or carried forward depreciation spilled over block period shall not be adjusted against undisclosed income. Mahalaxmi Motors Ltd. v. Secretary, Income-tax Settlement Commission, Chennai [2015] 53 taxmann.com 147 BUDGET HIGHLIGHTS Manpower supply services and Security services to body Corporates brought under full Reverse Charge Mechanism . Cenvat credit shall now be taken within one year of the issue of any documents specified in Rule 9(1) of the Cenvat Credit Rules Central excise/Service tax assesses to be allowed to use digitally signed invoices and maintain record electronically.
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD MARCH 2015 CORPORATE & COMPETITION LAWS 1.0 Centre tightens definition of 'Small Company' A company would have to clear both the tests- paid-up capital as well as turnover norm-to qualify as a 'small company'. 2.0 Teritorial Jurisdiction of Cheque The Supreme Court of India has held that where cheque was drawn at a bank in Karnataka, presentation of cheque to a bank in Kerala would not by itself confer jurisdiction upon Kerala Court. Suku v. Jagdish [2014] 50 taxmann.com 367 (SC) 3.0 Imposition of one-sided terms on sale of plot by a developer dominant in real estate market wasn't justified The Competition Commission of India has held that imposition of unfair and one-sided terms and conditions by OP, a dominant player in relevant market for development and sale of residential plot, in agreement was abusive in terms of provisions of Section 4. Ms. AanchalKhetarpal v. Jaiprakash Associates Ltd. 4.0 Power of attorney in cheque bounce: Supreme Court Any employee of a company cannot file a criminal complaint about a cheque that was dishonoured by a bank under Negotiable Instruments Act. There must be proper authorisation and power of attorney in that behalf, the court stated in batch of appeals titled. A C Narayan v State of Maharashtra. 5.0 Form No. GNL-4 for filing addendum for rectification of defects or incompleteness notified Any further information or documents called for, in respect of application or e-form or document, filed electronically with the Ministry of Corporate Affairs in terms of Companies Act 1956 shall be furnished in Form No. GNL-4 as an addendum. 6.0 Earnest money lost if bid is withdrawn The Supreme Court has held that a condition in a tender notice that earnest money would be Online central excise and service tax registra- tion to be done in two working days. LLP, Sole proprietorship and One Person Company can also seek Advance Ruling. Transport Allowance exemption limit in- creased to `1600 per month. Efforts on various fronts to implement Goods and Service Tax from next year. forfeited if a bid is withdrawn is valid and not against the Contract Act. NTPC vs M/s Ashok Kumar 7.0 Vague terms in arbitration clause Supreme Court rejected the prayer of a company to appoint an arbitrator in its dispute with another as the arbitration clause in the sales contract was vague. System for International Agencies v. Rahul Coach Builders 8.0 The Supreme Court of India has held that in absence of independent evidence of corroborative nature, retracted statement of appellant could not constitute exclusive basis to determine culpability of appellant under section 9 of FERA. A. Tajudeen v. Union of India, 51 taxmann.com 350 (SC) 9.0 Shareholders nod not a must for Banks, Insurance Cos, HFCs to buy Company Stakes Banks, Insurance and Housing Finance Companies will no longer have to seek approval from shareholders before acquiring equity in companiesmaking acquisition of securities in the ordinary course of its business u/s 186 of Companies Act, 2013. 10.0 Provision of suspension of legal proceedings under SICA prevails over provisions of debt recovery under RDDB Act The Supreme Court of India has held that Provisions of SICA, in particular Section 22, shall prevail over provision for recovery of debts in RDDBAct. KSL & Industries Ltd. v. Arihant Threads Ltd. 11.0 BIFR' is sole authority to decide if a sick company can be moved out of its jurisdiction The Supreme Court Of India held that BIFR alone is empowered to determine whether net worth of sick company has become positive as a result of which it would cease to have jurisdiction over company. Any inquiry into such issue regarding net worth by anyone outside SICA including civil court, would be against express intent of Act and would lead to incongruous and undesired results GhanshyamSarda vs. Shiv Shankar Trading Co. BUDGET HIGHLIGHTS CORPORATE & COMPETITION LAWS For more details on budget, visit www.aicas.in
  • 7. 7 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY MARCH 2015 INDIRECT TAXATION / AUDIT 1.0 Garnishee Order- Recovery of arrears in installments and amendment of Garnishee Notice In terms of sub-section (2) of section 11 of the Central ExciseAct, 1944. Central Excise Officers are empowered under this provision to issue an order toany other person from whom money is due to such person from whom recovery of arrearsis required to be made. Such notice for recovery to the other person is generally referred as Garnishee Notice. Clarification: It is hereby clarified that recovery officers do have powers to add, amend, vary or rescind any Garnishee Notice issued. However, the interest of revenue has to be suitably safeguarded. Installment to permit It has been decided by the Board to allow recovery of arrears of taxes, interest and penalty in installments. The power to allow such payment in monthly installments shall be discretionary and shall be exercised by the Commissioners for granting sanction to pay arrears in installments upto a maximum of 24 monthly installments and by the Chief Commissioners for granting sanction to pay arrears in monthly installments greater than 24 and upto a maximum of 36 monthly installments. The facility to pay arrears in installments shall generally be granted to companies which show a reasonable cause for payment of arrears in installments such as the company beingunder temporary financial distress. Approval to pay in installments and the number of installments should be fixed such that an appropriate balance between recovery of arrears and survival of business is maintained taking into consideration the overall financial situation of the company, its assets, liabilities, income and expenses. 2.0 Levy of service tax on restaurants and hotel accommodation is unconstitutional The high court of Kerala has held that Levy of service tax on : (1) service forming part of supply of goods in a restaurant, as well as, (2) short- term accommodation services in hotels, inns, etc. is unconstitutional being violative of Entries 54 and 62, respectively, of State List. INDIRECT TAXATION Under works contract, only 'transfer of property in goods' is liable to VAT/sales-tax, therefore, service portion can be charged to service tax; however, in case of restaurants, entire supply of food (even as a part of service) is deemed to be sale and therefore, consideration therefor cannot be charged to service tax. Union of India v. Kerala Bar Hotels Association, Cochin* 3.0 Sum Paid to advertise group name 'HCL' instead of assessee's name was also eligible for input credit. CCE, Noida, v. HCL Technologies Ltd. 4.0 Online Aggregators under Net The budget proposal to bring the online commerce industry under the ambit of the new service tax rate of 14% will impact web-based aggregators of retail sellers, taxi owners, bus operators and hotels including companies such as Amazon, Flipkart, Uber, Snapdeal and OlaCabs. March 1 onwards, online aggregators that own and manage a web-based software application came under the tax net. AUDIT 1.0 Overdraft under Jan-Dhan comes under priority sector lending: RBI The Reserve Bank of India said bank overdrafts of up to `5,000 in accounts opened under Jan Dhan Yojna would be treated as priority sector lending. FINANCIAL INDICATORS CurrentRate* MonthAgo 3Month 6Month 3 Month LIBOR (%) 0.2677% 0.2584 0.2541 0.2399 3 Month MIBOR (%) 8.38 8.59 8.63 8.55 SENSEX 28709.87 28355.62 27585.27 27831 NIFTY 8712.05 8565.55 8323 8355.65 CRR (%) 4 4 4 4 REPO (%) 7.50% 7.75 8.00% 8.00% REVERSE REPO (%) 6.50% 6.75 7.00% 7.00% Gold (per 10 gm) 25933 27295 26905 27220 Silver (per kg) 35610 37440 36664 38112 Crude (USD/bbl) 49.93 56.46 50.305 64.24 ` vs USD 62.6983 62.1888 62.1605 61.95 ` vs Euro 67.6577 70.3728 73.7348 76.7499 ` vs 100 Yen 51.47 51.98 52.62 51.98 ` vs RMB 10.0358 9.9615 10.0097 10.0319 ` vs Pound 94.549 94.4136 94.2788 97.1562 MCX Aluminium (per kg) 109.7 114.15 725.25 121.95 MCX Copper (per kg) 368.65 353.5 378.9 399.35 *As on March 10, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
  • 8. Contact details : Dharampal (9013363257) All India Chartered Accountants’ Society - CFO World 909, Chiranjiv Tower, 43, Nehru Place, New Delhi-110019. Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS E-mail: pankajguptafcs@gmail.com PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered Accountants’ Society, 4696, Brij Bhawan, 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept any responsibility. If undelivered, please return to : All India CharteredAccountants’Society 4696, Brij Bhawan 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Date of Printing : 12th MARCH, 2015 R.N.I. No. 50796/90 Posting Date: 14/15 March, 2015 Registration No. DL(c)-01/1268/2015-17 Licenced to post without prepayment No. U-(C)-82/2015-17 1.0 IRDAI issues norms for Insurance Marketing Firms (IMF) The Insurance Regulatory and DevelopmentAuthority of India released its final guidelines on IMFs, which will be a new distribution category for insurance products. With a minimum capital requirement of ` INSURANCE / FEMA 10 lakh, the insurance marketing firm can distribute products of two life insurers, two general insurers and two health insurance companies at any point in time. Under these norms, IMFs can market and service insurance through insurance sales persons, apart from marketing other financial products through financial service executives. These include products of mutual fund companies, pension products of Provident Fund Regulatory Development Authority, other financial products distributed by SEBI-licensed investment advisors. 2.0 CCI clears change in SpiceJet ownership The Competition Commission of India cleared the proposal to acquire a majority stake in cash-strapped SpiceJet. 2.0 Auditors will be held responsible for Fraud in Company Operations Starting this year, directors will have to comment on the existence and effectiveness of internal financial controls in their board report. An external auditor could face up to 10 years of jail term for failing to report frauds.