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* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004
In a recent international survey
Indian economy has been rated as
the 3rd largest economy of the
world, after USA and China, on the
basis of Purchase Power Parity
(PPP). IMF has also projected a
smart recovery of growth rate of
Indian GDP to around 5.5% to 6%
in next 2 years.
A large cross section of Indian
Industry and Services Sector, including Public Sector has
not undertaken any major expansion or diversification plans
during last 2 years due to adverse economic outlook,
uncertainty and major policy issues in the area of coal,
power, ports, highways and banking sector. Even the
agricultural sector has not received any major technical,
financial or institutional support. The Litigative and
aggressive approach of taxation wing, retrospective
amendments, GAAR, proposal to disregard Double
Taxation Treaties etc. had resulted in loss of Government
credibility. The corruption related prosecutions and
harassment of even genuine businesses, political leaders,
bankers and Government officials had further spoiled the
working atmosphere.
India has taken a new initiative in last few months, as an
active democracy and has decided to bring in the forefront,
a new visionary leadership to support every Indian to grow
and prosper in an atmosphere of trust, honesty and
transparency.
The message of Indian democracy is clear, to jolt and push
the economy into a creative growth momentum. The new
Government need to support public initiative with
CA Vinod Jain*
Indian Economy towards Growth Momentum:
Strategic Moves Needed
EDITORIAL
Volume XXV, No. 5, May, 2014
Chartered Accountants seek fair
treatment from RBI, Banking Sector
and Government
The All India CA Society has made a very strong
representation on 12th May, 2014 to Governor, RBI to
adequately recognize devoted contribution by Chartered
Accountants to Indian banking sector monitoring and
growth besides ensuring regulatory compliance. RBI
professional regulation and CAs contribution towards
compliance of RBI and Government directions have
contributed immensely to resilience of Indian banking
sector.
In recent past certain decisions of RBI and Government
in respect of delegation of Appointment of Central
Statutory Auditors and Branch Auditors, reduced
number of branches being subjected to audit, restriction
of 6 years on appointment of CAs on Board of
Directors, prohibiting CA Directors as Auditors in any
other Banks are some of the retrograde steps, which
are likely to adversely affect the banking sector as the
control on Fraud, mis-statement in financial statements
and money laundering will be loose. The Society has
urged upon the RBI and Government to clearly
recognize and appreciate positive role of CA profession
and be not misguided by negative views of miscreants,
who wish to play fraud and manipulate by impacting
of CAs supervision monitoring and controls adversely.
(www.aicas.in for detailed representation)
Contd Page-8
The Chartered Accountancy profession need to play
a centre stage role to strategize and plan growth
2 THE CHARTERED ACCOUNTANT WORLD – May 2014
LATEST IN FINANCE / ACCOUNTING
LATEST IN FINANCE
1.0 Minors can Operate their Account
The Reserve Bank of India has said that minors
above the age of 10 years may be allowed to
open and operate savings bank accounts
independently, if they so desire and not
necessarily through parents/ guardian.
2.0 RBI Panel moots Centralised Bill Payment
System
Reserve Bank of India (RBI) panel made a case
for centralised bill payment system catering to
different financial instruments, like cheques, debit
cards and mobile banking.
3.0 Levy of Penal Charges on Non-maintenance
of Minimum Balances in Inoperative
Accounts - Banned
It is advised by the Reserve Bank that henceforth
banks are not permitted to levy penal charges for
non-maintenance of minimum balances in any
inoperative account.
4.0 RBI steps in to end ‘Unfair’ Scrutiny of PSU
Bankers
The banking regulator Reserve Bank of India has
begun a dialogue with the Central Vigilance
Commission (CVC) to define terms like frauds
and diversion of funds with an aim to put an end
to numerous cases of officers paying a price for
genuine business decisions going wrong and
rivals using CVC as a tool to stall many a career.
A bank chief from a public sector bank who did
not want to be named while questioning the modus
operandi of the CVC has said that if funds are
diverted, but the business does not suffer, it’s
not a fraud. If funds are diverted by a rich
company, isn’t it a fraud? But if the business
fails, then the authorities are quick to say there is
an element of fraud.
5.0 RBI firm on Scrapping Pre-payment Penalty
Reserve Bank of India (RBI) officials believe
there is no justification for banks to charge pre-
payment penalty on any loan since the entire
system has moved to floating rates, be it deposits
or loans where rates are charged based on the
prevailing markets, though with a lag of a few
days or weeks. The central bank had advised
lenders to stop levying such penalties.
6.0 Pay Interest First, then Principal
The Supreme Court ruled that when a court passes
a money decree against an insurance company,
the amounts paid will go first to satisfy the interest
part and then towards the principal amount.
ACCOUNTING
1.0 Proposed New Roadmap for Implementation
of Ind AS converged with IFRS
As stated in earlier roadmaps for achieving
convergence, there shall be two separate sets of
Accounting Standards notified under the
Companies Act, 1956. First set would comprise
the Indian Accounting Standards (Ind AS)
converged with the IFRSs which shall be
applicable for preparation of consolidated
financial statements as defined in the Companies
Act, 2013, of the specified class of companies
(listed companies or companies having networth
of `500 crores or more) for the accounting period
beginning on or after April 1, 2016, with
comparatives for the year ending 31st March
2016 or thereafter. The second set would
comprise the existing notified Accounting
Standards (AS) and shall be applicable for
preparation of individual financial statements of
the companies preparing consolidated financial
statements as per Ind AS and for financial
statements of other companies.
Companies not mandatorily required to follow
Indian Accounting Standards (Ind AS) shall have
the option to apply the Indian Accounting
Standards (Ind AS) voluntarily for their
consolidated financial statements. The option shall
be irrevocable.
2.0 RBI comes up with Uniform Accounting Rules
for Asset Reconstruction Companies
The Reserve Bank of India has come up with
some uniform accounting rules for asset
reconstruction companies or ARCs.
In the wake of deteriorating credit quality, banks
have of late started selling bad loans to ARCs,
which acquire them from lenders and try
recovering pending dues from defaulting
borrowers. In between companies earn
commissions. Such transactions can take place
in a combination of security receipts or SRs and
cash. SRs are securities to be subscribed by select
qualified institutional buyers including banks and
traded in the secondary market. As and when
ARCs recover loans, it repays back to those SR
holders.
3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
CORPORATE & ECONOMIC LAWS / DIRECT TAXATION
CORPORATE & ECONOMIC LAWS
1.0 Order to ensure Minimum Wage to Contract
Labour
To ensure payment of notified minimum rates of
wages to all categories of worker in both
organized and unorganized sectors, an order has
been recently issued directing all the employers,
including contractors, to upload their employee
and payment details on their websites. Employers
have been given 90 days time for compliance.
The Labour Department officials ordered that no
fresh license and no renewal of licenses and
registration certificates shall be done by Labour
Department under the Contract Labour
(Regulation andAbolition)Act, 1970. Employers
have also been directed to pay wages to workers
by ECS or Cheque. Defaulters shall be prosecuted
under the provisions of law.
2.0 SEBI Stringent Corporate Governance Norms
regarding Related Party Transactions
approvals
According to Securities & Exchange Board of
India (SEBI), all ‘material’ related party
transactions need to be approved by non-related
party shareholders. Material means greater than
5 per cent of turnover or 20 per cent of net worth.
However, as per the new company law, related
party transactions require such shareholder
approval only if not at ‘arms-length’ or not in the
‘ordinary course of business.’
3.0 Top 100 Companies told to set up Risk
Management Committees
The Securities and Exchange Board of India has
said that the top 100 companies must constitute
risk management committees immediately, in line
with its revised corporate governance norms.
4.0 Tenants stall SARFAESI action
In a large batch of appeals moved by tenants of
properties mortgaged to banks, the Supreme
Court stated that a lease of a secured asset made
by the borrower after he receives notice from
the creditor will not be a valid lease. The judgment
also discussed the rights & remedies available to
lessees when the property is being taken over by
the creditors for the fault of the borrowers.
DIRECT TAXATION
1.0 Date of Allotment is Key in Under-
construction Flat for Tax Exemption under
Section 54F
The Central Board of Direct Taxes (CBDT) has
also clarified that to qualify as an investment for
construction under section 54F the crucial date
is the date of allotment of flat by an institution
and payment of installments was only a follow-
up action and taking possession of the flat is only
a formality.
However, one needs to remember that the court
needs to be satisfied that the sales consideration
was used for investment in the new residential
house.
2.0 Swiss Units of US Banks to tell all on Tax
Evasion by Americans
The Swiss units of Goldman Sachs Group Inc &
Morgan Stanley have agreed to hand over details
to US authorities about how they may have helped
Americans to evade taxes, the Wall Street Journal
reported.
3.0 ICAI flags concerns over DTC’s Definition
of ‘Accountant’
Raising serious concerns over the proposal to
widen the definition of ‘accountant’ in the Direct
Taxes Code, ICAI has told finance ministry that
the proposed change could result in huge revenue
leakages for exchequer.
ICAI, the apex grouping of Chartered
Accountants, has contended that expanding the
definition would result in individuals with “limited
knowledge” issuing requisite certificates.
Such a scenario would lead to huge revenue
leakages, the body said during a recent meeting
with senior finance ministry officials.
4.0 Transfer Pricing – IT & ITeS – MAP – US
pushes for 12-13% Margin Levels
A joint effort by India and the US to amicably
decide on their respective shares of taxes from
IT and ITeS companies operating in both
countries is taking place under MutualAgreement
Procedure (MAP).
While New Delhi is unwilling to accept the margins
made by India-registered IT companies from
4 THE CHARTERED ACCOUNTANT WORLD – May 2014
DIRECT TAXATION
DIRECT TAXATION
services rendered to related parties in the US in
certain past cases to be anything less than 18%,
the US tax authorities want India to agree to a
much lower rate of 12-13%.
5.0 Section 9, read with section 195 - Fees for
Technical Services
The Agra Bench of ITAT has held that a
retrospective amendment in law does change tax
liability in respect of an income, with retrospective
affect, but it cannot change withholding liability,
with retrospective effect.
Deputy Commissioner of Income-tax, Circle 1, Agra v.s
Virola International [2014] 42 taxmann.com 286
6.0 Transfer Pricing: Comparability
Where a comparable selected by Transfer Pricing
Officer (TPO) was engaged in diversified
activities and no segmental reporting was
available, such comparable was to be excluded
while determiningArm Length Price of functional
difference.
Carlyle India Advisor (P.) Ltd. vs. Deputy Commissioner
of Income-tax, [2014] 43 taxmann.com 184
7.0 Tax Benefit for Charitable Trusts
The Supreme Court has held that a charitable
institution established for the benefit of any
particular religious community or caste will not
be eligible for income tax exemption under
Section 11 & 12 of the Income Tax Act. But if
such an institution based on religious tenets serves
other communities as well, it can avail of the
benefit, the court stated in its judgment.
Commissioner of IT vs. Dawoodi Bohara Jamat
8.0 Section 44BB - Non Residents - Mineral Oils,
business for prospecting exploration, etc., in
case of (Service Tax)
The Delhi Bench of ITAT has held that Service
tax being a statutory liability could not form part
of gross receipts for purpose of deemed profit
under section 44BB.
Pride Foramer SAS vs. ACIT, International Taxation
[2014] 43 taxmann.com 38
9.0 Section 44AB, read with section 271B- Tax
Audit (Penalty)
The Mumbai Bench ITAT has held that where
value of speculative share transactions exceeded
prescribed limit for tax audit under Section 44AB,
levy of penalty under section 271B for tax audit
default was justified.
Anahaita Nalin Shah v.s Deputy Commissioner of Income-
tax -4(1), Mumbai [2014] 43 taxmann.com 206
10.0 Section 54F: Capital Gains - Exemption in
case of Investment in Residential House
The Hyderabad Bench of ITAT has held that
subsequent change in usage of property does not
disentitle assessee to relief under section 54F, if
what was acquired was originally a residential
property.
Shyamlal Tandon v.s Income-tax Officer, Ward -7(4),
Hyderabad [2014] 43 taxmann.com 155
11.0 Section 94 - Avoidance of Tax by certain
Transactions in Securities - Bonus Stripping
The Bangalore Bench of ITAT has held that where
assessee purchased certain shares immediately
prior to allotment of bonus shares and after
allotment of those shares original shares whose
value had reduced to almost 50 per cent were
sold, said transaction being in nature of ‘bonus
stripping’ was covered under section 94(8) and,
since said section covered only ‘units’ and not
‘securities’, assessee’s claim for set off of said
loss could not be disallowed.
Deputy Commissioner of Income-tax, Circle -5(1),
Bangalore v.s B.G. Mahesh [2014] 43 taxmann.com 158
FINANCIAL INDICATORS
CurrentRate* MonthAgo 3Month 6Month
3 Month LIBOR (%) 0.22 0.23 0.24 0.24
3 Month MIBOR (%) 9.17 8.10 9.52 9.19
SENSEX 22994.23 22715 20334 20273
NIFTY 6858.80 6796 6053 6079
CRR (%) 4% 4% 4.00 4.00
REPO (%) 8% 8% 8.00 7.75
REVERSE REPO (%) 7% 7% 7.00 6.75
Gold (per 10 gm) 29725.00 28781 29881 30143
Silver (per kg) 41251.00 43486 44585 48373
Crude (USD/bbl) 107.97 107.1 108.35 106.40
` vs USD 60.04 60.21 62.34 62.73
` vs Euro 82.49 83.69 85.06 84.06
` vs 100 Yen 58.93 59.19 61.03 63.94
` vs RMB 9.64 9.70 10.29 10.40
` vs Pound 101.03 101.13 102.36 100.92
MCX Aluminium 103.15 112.80 103.95 110.70
MCX Copper 405.05 406.45 444.45 448.15
*As on 10th May 2014 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
DIRECTTAXATION/TELECOM/INDIRECTTAXATION
12.0 Section 48, read with Section 55- Capital
Gains - Transfer of Trademark
The Pune Bench of ITAT has held that where
asset under transfer was self-generated
trademark, its cost of acquisition being NIL and
same is not capable of improvement at an
ascertainable cost in terms of money, computation
of capital gains is not possible and, thus, same is
not taxable under section 45.
Institute For Micronutrient Technology v.s Deputy
Commissioner of Income-tax, Circle -2, Pune [2014] 43
taxmann.com 426
13.0 Section 68 - Cash Credits (Share Capital)
The High Court of Delhi has held that addition
can be made only for amount which pertained to
those subscribers/investors to share capital
whose particulars could not be verified and who
did not respond to notices issued by Assessing
Officer.
Commissioner of Income-tax –IV v.s Empire Buildtech
(P.) Ltd., [2014] 43 taxmann.com 269
14.0 Section 80, read with Sections 139 and 154-
Loss Return
The High Court of Karnataka has held that where
original return filed was not a loss return but loss
was determined in assessment proceeding, carry
forward of loss on account of violation of section
80 could not be denied.
Commissioner of Income-tax, Central Circle v.s Srinivasa
Builders[2014] 44 taxmann.com 35
15.0 Section 80P– Deductions
The High Court of Gujarat has held that Section
80P deductions to be denied only to Co-operative
banks and not to Co-operative society after CBDT
clarification on Section 80P.
Commissioner of Income-tax –II v.s Surat Vankar
Sahakari Sangh Ltd. [2014] 43 taxmann.com 431
1.0 Taxable Services - Commercial or Industrial
Construction Services
The Chennai Bench of CESTAT has held that
merely because fees are charged for education,
educational institutions cannot prima facie be
considered a commercial institution and,
therefore, construction thereof cannot be charged
to service tax. Explanation to section
65(105)(zzzc) is not applicable for interpreting
scope of Construction Services.
Chettinadu Constructionsv. Commissioner of Central
Excise (ST), Madurai*[2014] 44 taxmann.com 14
2.0 Uttar Pradesh ValueAdded Tax - Charge/Levy
- Works Contract
The High Court of Allahabad has held that where
assessee-builder had done substantial
construction from his own funds on his own land
and amount deposited by prospective buyers as
earnest money was not substantial, such
construction could not be regarded as ‘work
contract’.
Commissioner of Commercial Tax v.s Rani Sundri Estates
Ltd. 2014] 43 taxmann.com 308
3.0 Andhra Pradesh General Sales Tax Act, 1957
- Charge/levy - Transfer of Right to Use Goods
The Supreme Court of India has held that where
project owner had hired out sophisticated
machinery to its contractors engaged in
construction/execution of said project, such
hiring did not amount to ‘transfer of right to use’,
as effective control and enjoyment remained with
assessee; therefore, same cannot be charged to
VAT, it is liable to service tax only.
State of Andhra Pradesh v.Rashtriya Ispat Nigam Ltd.
[2014] 43 taxmann.com 310 (SC)
4.0 Central Excise Act, 1944 - Charge/levy -
Excise Duty
The High Court of Karnataka has held that Sugar
Cess is tax, and to be precise it is ‘duty of excise’
and not ‘fee’. It is a duty of excise on all sugar
produced by any sugar factory in India. Assessee
can claim CENVAT credit in respect of cess paid
as additional duty (CVD) on raw sugar imported.
Commissioner of Central Excise, Belgaum v.s Shree
Renuka Sugars Ltd. [2014] 44 taxmann.com 56
TELECOM
1.0 Vodafone, Airtel, Idea get Major Relief from
TDSAT
The Telecom Disputes Settlement and Appellate
Tribunal (TDSAT) has overturned a ban imposed
in 2011 on Bharti Airtel, Vodafone India and Idea
Cellular for intra-circle roaming (ICR) pacts
among operators, which allows them to offer 3G
services even in circles where they do not have
2,100-MHz spectrum.
INDIRECTTAXATION
6 THE CHARTERED ACCOUNTANT WORLD – May 2014
FEMA
FEMA
1.0 Foreign Direct Investment in
Pharmaceuticals Sector – Clarification
The extant FDI policy for pharmaceutical sector
has since been reviewed by the Reserve Bank of
India and it has now been decided with immediate
effect that the existing policy would continue with
the condition that ‘non-compete’ clause would
not be allowed except in special circumstances
with the approval of the Foreign Investment
Promotion Board (FIPB) of the Govt. of India.
2.0 Booking of Forward Contracts –
Liberalisation
With a view to further liberalising the existing
facilities, it has now been decided to allow all
resident individuals, firms and companies, who
have actual or anticipated foreign exchange
exposures to book foreign exchange forward
contracts up to US$ 250,000 on the basis of a
simple declaration without any requirement of
further documentation.
3.0 Foreign Direct Investment (FDI) in Limited
Liability Partnership (LLP)
· LLP formed and registered under the LLP Act,
2008 shall be eligible to accept FDI
· A person or an entity resident outside India shall
be eligible except :
i. A citizen/ entity of Pakistan and Bangladesh ,
ii. Foreign Institutional Investor (FII),
iii.Foreign Venture Capital Investor (FVCI)
iv.Qualified Foreign Investor (QFI) or
v. Foreign Portfolio Investor (FPI)
· An LLP, existing or new, operating in sectors/
activities where 100% FDI is allowed under the
automatic route would be eligible to receive FDI.
· An LLP engaged in the following sectors/
activities shall not be eligible to accept FDI:
a. Sectors subject to FDI-linked performance
related conditions (for example minimum
capitalisation norms applicable to ‘Non-
Banking Finance Companies’ or ‘Development
of Townships, Housing, Construction-
development projects’, etc.); or
b. Agricultural/plantation activity & print media;
· Any FDI in a LLP, directly or indirectly, shall
require prior Government/FIPB approval.
· Pricing: FDI in an LLP permitted more than or
equal to the fair price as worked out with any
valuation norm which is internationally accepted/
adopted as per market practice.
· An Indian company, having foreign investment
(direct or indirect, irrespective of percentage of
such foreign investment), will be permitted to
make downstream investment in an LLP only if
both, the company as well as the LLP, are
operating in sectors where 100% FDI is allowed
under the automatic route and there are no FDI-
linked performance related conditions.
· An LLP with FDI will not be eligible to make any
downstream investments in any entity in India.
· A designated partner would also have to satisfy
the definition of “person resident in India” under
Foreign Exchange Management Act, 1999.
· LLPs shall not be permitted to avail External
Commercial Borrowings (ECBs).
4.0 RBI curbs Banks from extending Guarantees,
‘Letters of Comfort’ to Overseas Arms of
Firms
The Reserve Bank of India (RBI) imposed
restrictions on non-fund based credit facilities
guarantees, stand-by letters of credit, letters of
comfort, and so on, extended by banks to Indian
companies’ overseas arms.
Further, the central bank disallowed repayment
of rupee loans taken from the domestic banking
system through external commercial borrowings
(ECBs) extended by overseas branches/
subsidiaries of Indian banks.
The overseas arms of India companies include
joint ventures, wholly-owned subsidiaries, and
wholly-owned step-down subsidiaries. The RBI
directed banks, including their overseas branches/
subsidiaries, not to issue non-fund based credit
facilities on behalf of overseas arms of Indian
companies for the purpose of raising loans/
advances of any kind from other entities except
in connection with the ordinary course of
overseas business.
5.0 Foreign Investment in India in Government
Securities
On a review, to encourage longer term flows, it
has now been decided by the Reserve Bank that
7A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
FEMA / AUDIT
foreign investment by all eligible investors
including Registered Foreign Portfolio Investors
(RFPIs) shall henceforth be permitted only in
Government dated securities having residual
maturity of one year and above and existing
investments in T-bills and Government dated
securities of less than one year residual maturity
shall be allowed to taper off on maturity/ sale.
1.0 Limit on Number of Audits as per Section
141(3)(g) of the Companies Act, 2013
ICAI has requested the Government to invoke
the powers conferred by Section 470 of the
Companies Act, 2013 to remove difficulties by
issuing an order to make the provision of Section
143 (3)(g) not to apply to private companies, small
companies & one person companies.
2.0 Applicability of the Companies Act, 2013 to
Auditor's Report to FY 2014-15 and Onwards
The provisions of the 2013 Act would apply only
to the financial years commencing on or after
1st April 2014. Thus, for example, the statutory
auditor's report signed in respect of the financial
year of the company ended 31st March 2015
would need to be issued in accordance with the
provisions of the Companies Act, 2013.
3.0 Deferred Tax Liability on Special Reserve
AnAnnouncement has been issued by theAuditing
&Assurance Standards Board under theAuthority
of the Council of ICAI regarding manner of
reporting by the auditors in respect of RBI's
circular on Deferred Tax Liability on Special
Reserve created under Section 36(1) (viii) of the
Income Tax Act, 1961.
4.0 CAG can Audit Private Telecom Firms: SC
The Supreme Court made it clear to private
companies that share of revenue from natural
resources such as spectrum with the government
would be subjected to audit by the Comptroller
and Auditor General.
5.0 I-T dials Nokia again, orders Special Audit
The special audit against Nokia India would be a
comprehensive one, as the Income Tax
Department suspects "considerable suppression"
of income by the firm, sources said. Scrutiny of
transactions between Nokia India and Nokia
Finland will be part of the audit.
AUDIT
6.0 Satyam Scam: CA Institute removes PWC
Partners for Life
The CA Institute, which regulates the audit
profession, has removed three people found guilty
of professional misconduct in the Satyam
Computer Services scam from its membership
list for life.
The three are S. Gopalakrishnan, Srinivas Talluri
& V. Srinivasu. Both Gopalakrishnan and Talluri
were signing partners from Pricewaterhouse,
which had conducted the statutory audit of the
company. Srinivasu was a Senior Vice-President
and Director in Satyam Computers. Prabhakar
Gupta,who was in charge of internal audit at
Satyam Computer Services has already been
removed from the CA Institute's member list,
albeit for a different reason.
7.0 Big Loan Defaulters to Face RBI Audit
The Board of Financial Supervision (BFS), chaired
by Reserve Bank of India (RBI) governor
Raghuram Rajan, has, in fact, cleared a proposal
that the central bank will conduct an independent
forensic audit of corporates declared fraudulent
by banks. Independent audits, however, will be
restricted to corporates that have borrowed more
than `1,000 crore.
8 THE CHARTERED ACCOUNTANT WORLD – May 2014
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
May, 2014
R.N.I. No. 50796/90
Posting Date: 14/15 May, 2014
Registration No. DL(c)-01/1268/2012-14
Licenced to post without prepayment No. U-(C)-82/2012-14
an effective and efficient manner and support
entrepreneurship initiative and provide them right direction.
Our role is crucial to achieve the target of highest growing
economy.
The country, society and Government also need to ensure
that education; medical facilities, justice, housing and all
basic amenities are within easy reach of all Indians with
good employment opportunities. It is important to eradicate
corruption, bring transparency, fair and compassionate
approach in the Government and Private Sector. India is
committed to work as an integrated committed society
without caste, creed or religion differentiation and will
not tolerate any compromise on cultural and ethical values
inherited from our ancestors.
EDITORIAL
IndianEconomy...Contd...
transparent, visionary, development and growth oriented
positive policies. The businessmen, professionals,
agriculturist, bureaucrats, mind workers, hand workers,
educationists, media, bankers, regulators and of course
the common man need to be respected by the society for
their contribution and working atmosphere for each one
has to improve.
The Chartered Accountancy profession need to play a
centre stage role to strategize and plan growth, contribute
in organizing and channelizing resources, putting necessary
internal control and MIS to monitor growth direction, in

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Indian economy towards growth momentum strategic moves needed

  • 1. * Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004 In a recent international survey Indian economy has been rated as the 3rd largest economy of the world, after USA and China, on the basis of Purchase Power Parity (PPP). IMF has also projected a smart recovery of growth rate of Indian GDP to around 5.5% to 6% in next 2 years. A large cross section of Indian Industry and Services Sector, including Public Sector has not undertaken any major expansion or diversification plans during last 2 years due to adverse economic outlook, uncertainty and major policy issues in the area of coal, power, ports, highways and banking sector. Even the agricultural sector has not received any major technical, financial or institutional support. The Litigative and aggressive approach of taxation wing, retrospective amendments, GAAR, proposal to disregard Double Taxation Treaties etc. had resulted in loss of Government credibility. The corruption related prosecutions and harassment of even genuine businesses, political leaders, bankers and Government officials had further spoiled the working atmosphere. India has taken a new initiative in last few months, as an active democracy and has decided to bring in the forefront, a new visionary leadership to support every Indian to grow and prosper in an atmosphere of trust, honesty and transparency. The message of Indian democracy is clear, to jolt and push the economy into a creative growth momentum. The new Government need to support public initiative with CA Vinod Jain* Indian Economy towards Growth Momentum: Strategic Moves Needed EDITORIAL Volume XXV, No. 5, May, 2014 Chartered Accountants seek fair treatment from RBI, Banking Sector and Government The All India CA Society has made a very strong representation on 12th May, 2014 to Governor, RBI to adequately recognize devoted contribution by Chartered Accountants to Indian banking sector monitoring and growth besides ensuring regulatory compliance. RBI professional regulation and CAs contribution towards compliance of RBI and Government directions have contributed immensely to resilience of Indian banking sector. In recent past certain decisions of RBI and Government in respect of delegation of Appointment of Central Statutory Auditors and Branch Auditors, reduced number of branches being subjected to audit, restriction of 6 years on appointment of CAs on Board of Directors, prohibiting CA Directors as Auditors in any other Banks are some of the retrograde steps, which are likely to adversely affect the banking sector as the control on Fraud, mis-statement in financial statements and money laundering will be loose. The Society has urged upon the RBI and Government to clearly recognize and appreciate positive role of CA profession and be not misguided by negative views of miscreants, who wish to play fraud and manipulate by impacting of CAs supervision monitoring and controls adversely. (www.aicas.in for detailed representation) Contd Page-8 The Chartered Accountancy profession need to play a centre stage role to strategize and plan growth
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD – May 2014 LATEST IN FINANCE / ACCOUNTING LATEST IN FINANCE 1.0 Minors can Operate their Account The Reserve Bank of India has said that minors above the age of 10 years may be allowed to open and operate savings bank accounts independently, if they so desire and not necessarily through parents/ guardian. 2.0 RBI Panel moots Centralised Bill Payment System Reserve Bank of India (RBI) panel made a case for centralised bill payment system catering to different financial instruments, like cheques, debit cards and mobile banking. 3.0 Levy of Penal Charges on Non-maintenance of Minimum Balances in Inoperative Accounts - Banned It is advised by the Reserve Bank that henceforth banks are not permitted to levy penal charges for non-maintenance of minimum balances in any inoperative account. 4.0 RBI steps in to end ‘Unfair’ Scrutiny of PSU Bankers The banking regulator Reserve Bank of India has begun a dialogue with the Central Vigilance Commission (CVC) to define terms like frauds and diversion of funds with an aim to put an end to numerous cases of officers paying a price for genuine business decisions going wrong and rivals using CVC as a tool to stall many a career. A bank chief from a public sector bank who did not want to be named while questioning the modus operandi of the CVC has said that if funds are diverted, but the business does not suffer, it’s not a fraud. If funds are diverted by a rich company, isn’t it a fraud? But if the business fails, then the authorities are quick to say there is an element of fraud. 5.0 RBI firm on Scrapping Pre-payment Penalty Reserve Bank of India (RBI) officials believe there is no justification for banks to charge pre- payment penalty on any loan since the entire system has moved to floating rates, be it deposits or loans where rates are charged based on the prevailing markets, though with a lag of a few days or weeks. The central bank had advised lenders to stop levying such penalties. 6.0 Pay Interest First, then Principal The Supreme Court ruled that when a court passes a money decree against an insurance company, the amounts paid will go first to satisfy the interest part and then towards the principal amount. ACCOUNTING 1.0 Proposed New Roadmap for Implementation of Ind AS converged with IFRS As stated in earlier roadmaps for achieving convergence, there shall be two separate sets of Accounting Standards notified under the Companies Act, 1956. First set would comprise the Indian Accounting Standards (Ind AS) converged with the IFRSs which shall be applicable for preparation of consolidated financial statements as defined in the Companies Act, 2013, of the specified class of companies (listed companies or companies having networth of `500 crores or more) for the accounting period beginning on or after April 1, 2016, with comparatives for the year ending 31st March 2016 or thereafter. The second set would comprise the existing notified Accounting Standards (AS) and shall be applicable for preparation of individual financial statements of the companies preparing consolidated financial statements as per Ind AS and for financial statements of other companies. Companies not mandatorily required to follow Indian Accounting Standards (Ind AS) shall have the option to apply the Indian Accounting Standards (Ind AS) voluntarily for their consolidated financial statements. The option shall be irrevocable. 2.0 RBI comes up with Uniform Accounting Rules for Asset Reconstruction Companies The Reserve Bank of India has come up with some uniform accounting rules for asset reconstruction companies or ARCs. In the wake of deteriorating credit quality, banks have of late started selling bad loans to ARCs, which acquire them from lenders and try recovering pending dues from defaulting borrowers. In between companies earn commissions. Such transactions can take place in a combination of security receipts or SRs and cash. SRs are securities to be subscribed by select qualified institutional buyers including banks and traded in the secondary market. As and when ARCs recover loans, it repays back to those SR holders.
  • 3. 3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY CORPORATE & ECONOMIC LAWS / DIRECT TAXATION CORPORATE & ECONOMIC LAWS 1.0 Order to ensure Minimum Wage to Contract Labour To ensure payment of notified minimum rates of wages to all categories of worker in both organized and unorganized sectors, an order has been recently issued directing all the employers, including contractors, to upload their employee and payment details on their websites. Employers have been given 90 days time for compliance. The Labour Department officials ordered that no fresh license and no renewal of licenses and registration certificates shall be done by Labour Department under the Contract Labour (Regulation andAbolition)Act, 1970. Employers have also been directed to pay wages to workers by ECS or Cheque. Defaulters shall be prosecuted under the provisions of law. 2.0 SEBI Stringent Corporate Governance Norms regarding Related Party Transactions approvals According to Securities & Exchange Board of India (SEBI), all ‘material’ related party transactions need to be approved by non-related party shareholders. Material means greater than 5 per cent of turnover or 20 per cent of net worth. However, as per the new company law, related party transactions require such shareholder approval only if not at ‘arms-length’ or not in the ‘ordinary course of business.’ 3.0 Top 100 Companies told to set up Risk Management Committees The Securities and Exchange Board of India has said that the top 100 companies must constitute risk management committees immediately, in line with its revised corporate governance norms. 4.0 Tenants stall SARFAESI action In a large batch of appeals moved by tenants of properties mortgaged to banks, the Supreme Court stated that a lease of a secured asset made by the borrower after he receives notice from the creditor will not be a valid lease. The judgment also discussed the rights & remedies available to lessees when the property is being taken over by the creditors for the fault of the borrowers. DIRECT TAXATION 1.0 Date of Allotment is Key in Under- construction Flat for Tax Exemption under Section 54F The Central Board of Direct Taxes (CBDT) has also clarified that to qualify as an investment for construction under section 54F the crucial date is the date of allotment of flat by an institution and payment of installments was only a follow- up action and taking possession of the flat is only a formality. However, one needs to remember that the court needs to be satisfied that the sales consideration was used for investment in the new residential house. 2.0 Swiss Units of US Banks to tell all on Tax Evasion by Americans The Swiss units of Goldman Sachs Group Inc & Morgan Stanley have agreed to hand over details to US authorities about how they may have helped Americans to evade taxes, the Wall Street Journal reported. 3.0 ICAI flags concerns over DTC’s Definition of ‘Accountant’ Raising serious concerns over the proposal to widen the definition of ‘accountant’ in the Direct Taxes Code, ICAI has told finance ministry that the proposed change could result in huge revenue leakages for exchequer. ICAI, the apex grouping of Chartered Accountants, has contended that expanding the definition would result in individuals with “limited knowledge” issuing requisite certificates. Such a scenario would lead to huge revenue leakages, the body said during a recent meeting with senior finance ministry officials. 4.0 Transfer Pricing – IT & ITeS – MAP – US pushes for 12-13% Margin Levels A joint effort by India and the US to amicably decide on their respective shares of taxes from IT and ITeS companies operating in both countries is taking place under MutualAgreement Procedure (MAP). While New Delhi is unwilling to accept the margins made by India-registered IT companies from
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD – May 2014 DIRECT TAXATION DIRECT TAXATION services rendered to related parties in the US in certain past cases to be anything less than 18%, the US tax authorities want India to agree to a much lower rate of 12-13%. 5.0 Section 9, read with section 195 - Fees for Technical Services The Agra Bench of ITAT has held that a retrospective amendment in law does change tax liability in respect of an income, with retrospective affect, but it cannot change withholding liability, with retrospective effect. Deputy Commissioner of Income-tax, Circle 1, Agra v.s Virola International [2014] 42 taxmann.com 286 6.0 Transfer Pricing: Comparability Where a comparable selected by Transfer Pricing Officer (TPO) was engaged in diversified activities and no segmental reporting was available, such comparable was to be excluded while determiningArm Length Price of functional difference. Carlyle India Advisor (P.) Ltd. vs. Deputy Commissioner of Income-tax, [2014] 43 taxmann.com 184 7.0 Tax Benefit for Charitable Trusts The Supreme Court has held that a charitable institution established for the benefit of any particular religious community or caste will not be eligible for income tax exemption under Section 11 & 12 of the Income Tax Act. But if such an institution based on religious tenets serves other communities as well, it can avail of the benefit, the court stated in its judgment. Commissioner of IT vs. Dawoodi Bohara Jamat 8.0 Section 44BB - Non Residents - Mineral Oils, business for prospecting exploration, etc., in case of (Service Tax) The Delhi Bench of ITAT has held that Service tax being a statutory liability could not form part of gross receipts for purpose of deemed profit under section 44BB. Pride Foramer SAS vs. ACIT, International Taxation [2014] 43 taxmann.com 38 9.0 Section 44AB, read with section 271B- Tax Audit (Penalty) The Mumbai Bench ITAT has held that where value of speculative share transactions exceeded prescribed limit for tax audit under Section 44AB, levy of penalty under section 271B for tax audit default was justified. Anahaita Nalin Shah v.s Deputy Commissioner of Income- tax -4(1), Mumbai [2014] 43 taxmann.com 206 10.0 Section 54F: Capital Gains - Exemption in case of Investment in Residential House The Hyderabad Bench of ITAT has held that subsequent change in usage of property does not disentitle assessee to relief under section 54F, if what was acquired was originally a residential property. Shyamlal Tandon v.s Income-tax Officer, Ward -7(4), Hyderabad [2014] 43 taxmann.com 155 11.0 Section 94 - Avoidance of Tax by certain Transactions in Securities - Bonus Stripping The Bangalore Bench of ITAT has held that where assessee purchased certain shares immediately prior to allotment of bonus shares and after allotment of those shares original shares whose value had reduced to almost 50 per cent were sold, said transaction being in nature of ‘bonus stripping’ was covered under section 94(8) and, since said section covered only ‘units’ and not ‘securities’, assessee’s claim for set off of said loss could not be disallowed. Deputy Commissioner of Income-tax, Circle -5(1), Bangalore v.s B.G. Mahesh [2014] 43 taxmann.com 158 FINANCIAL INDICATORS CurrentRate* MonthAgo 3Month 6Month 3 Month LIBOR (%) 0.22 0.23 0.24 0.24 3 Month MIBOR (%) 9.17 8.10 9.52 9.19 SENSEX 22994.23 22715 20334 20273 NIFTY 6858.80 6796 6053 6079 CRR (%) 4% 4% 4.00 4.00 REPO (%) 8% 8% 8.00 7.75 REVERSE REPO (%) 7% 7% 7.00 6.75 Gold (per 10 gm) 29725.00 28781 29881 30143 Silver (per kg) 41251.00 43486 44585 48373 Crude (USD/bbl) 107.97 107.1 108.35 106.40 ` vs USD 60.04 60.21 62.34 62.73 ` vs Euro 82.49 83.69 85.06 84.06 ` vs 100 Yen 58.93 59.19 61.03 63.94 ` vs RMB 9.64 9.70 10.29 10.40 ` vs Pound 101.03 101.13 102.36 100.92 MCX Aluminium 103.15 112.80 103.95 110.70 MCX Copper 405.05 406.45 444.45 448.15 *As on 10th May 2014 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
  • 5. 5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY DIRECTTAXATION/TELECOM/INDIRECTTAXATION 12.0 Section 48, read with Section 55- Capital Gains - Transfer of Trademark The Pune Bench of ITAT has held that where asset under transfer was self-generated trademark, its cost of acquisition being NIL and same is not capable of improvement at an ascertainable cost in terms of money, computation of capital gains is not possible and, thus, same is not taxable under section 45. Institute For Micronutrient Technology v.s Deputy Commissioner of Income-tax, Circle -2, Pune [2014] 43 taxmann.com 426 13.0 Section 68 - Cash Credits (Share Capital) The High Court of Delhi has held that addition can be made only for amount which pertained to those subscribers/investors to share capital whose particulars could not be verified and who did not respond to notices issued by Assessing Officer. Commissioner of Income-tax –IV v.s Empire Buildtech (P.) Ltd., [2014] 43 taxmann.com 269 14.0 Section 80, read with Sections 139 and 154- Loss Return The High Court of Karnataka has held that where original return filed was not a loss return but loss was determined in assessment proceeding, carry forward of loss on account of violation of section 80 could not be denied. Commissioner of Income-tax, Central Circle v.s Srinivasa Builders[2014] 44 taxmann.com 35 15.0 Section 80P– Deductions The High Court of Gujarat has held that Section 80P deductions to be denied only to Co-operative banks and not to Co-operative society after CBDT clarification on Section 80P. Commissioner of Income-tax –II v.s Surat Vankar Sahakari Sangh Ltd. [2014] 43 taxmann.com 431 1.0 Taxable Services - Commercial or Industrial Construction Services The Chennai Bench of CESTAT has held that merely because fees are charged for education, educational institutions cannot prima facie be considered a commercial institution and, therefore, construction thereof cannot be charged to service tax. Explanation to section 65(105)(zzzc) is not applicable for interpreting scope of Construction Services. Chettinadu Constructionsv. Commissioner of Central Excise (ST), Madurai*[2014] 44 taxmann.com 14 2.0 Uttar Pradesh ValueAdded Tax - Charge/Levy - Works Contract The High Court of Allahabad has held that where assessee-builder had done substantial construction from his own funds on his own land and amount deposited by prospective buyers as earnest money was not substantial, such construction could not be regarded as ‘work contract’. Commissioner of Commercial Tax v.s Rani Sundri Estates Ltd. 2014] 43 taxmann.com 308 3.0 Andhra Pradesh General Sales Tax Act, 1957 - Charge/levy - Transfer of Right to Use Goods The Supreme Court of India has held that where project owner had hired out sophisticated machinery to its contractors engaged in construction/execution of said project, such hiring did not amount to ‘transfer of right to use’, as effective control and enjoyment remained with assessee; therefore, same cannot be charged to VAT, it is liable to service tax only. State of Andhra Pradesh v.Rashtriya Ispat Nigam Ltd. [2014] 43 taxmann.com 310 (SC) 4.0 Central Excise Act, 1944 - Charge/levy - Excise Duty The High Court of Karnataka has held that Sugar Cess is tax, and to be precise it is ‘duty of excise’ and not ‘fee’. It is a duty of excise on all sugar produced by any sugar factory in India. Assessee can claim CENVAT credit in respect of cess paid as additional duty (CVD) on raw sugar imported. Commissioner of Central Excise, Belgaum v.s Shree Renuka Sugars Ltd. [2014] 44 taxmann.com 56 TELECOM 1.0 Vodafone, Airtel, Idea get Major Relief from TDSAT The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has overturned a ban imposed in 2011 on Bharti Airtel, Vodafone India and Idea Cellular for intra-circle roaming (ICR) pacts among operators, which allows them to offer 3G services even in circles where they do not have 2,100-MHz spectrum. INDIRECTTAXATION
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD – May 2014 FEMA FEMA 1.0 Foreign Direct Investment in Pharmaceuticals Sector – Clarification The extant FDI policy for pharmaceutical sector has since been reviewed by the Reserve Bank of India and it has now been decided with immediate effect that the existing policy would continue with the condition that ‘non-compete’ clause would not be allowed except in special circumstances with the approval of the Foreign Investment Promotion Board (FIPB) of the Govt. of India. 2.0 Booking of Forward Contracts – Liberalisation With a view to further liberalising the existing facilities, it has now been decided to allow all resident individuals, firms and companies, who have actual or anticipated foreign exchange exposures to book foreign exchange forward contracts up to US$ 250,000 on the basis of a simple declaration without any requirement of further documentation. 3.0 Foreign Direct Investment (FDI) in Limited Liability Partnership (LLP) · LLP formed and registered under the LLP Act, 2008 shall be eligible to accept FDI · A person or an entity resident outside India shall be eligible except : i. A citizen/ entity of Pakistan and Bangladesh , ii. Foreign Institutional Investor (FII), iii.Foreign Venture Capital Investor (FVCI) iv.Qualified Foreign Investor (QFI) or v. Foreign Portfolio Investor (FPI) · An LLP, existing or new, operating in sectors/ activities where 100% FDI is allowed under the automatic route would be eligible to receive FDI. · An LLP engaged in the following sectors/ activities shall not be eligible to accept FDI: a. Sectors subject to FDI-linked performance related conditions (for example minimum capitalisation norms applicable to ‘Non- Banking Finance Companies’ or ‘Development of Townships, Housing, Construction- development projects’, etc.); or b. Agricultural/plantation activity & print media; · Any FDI in a LLP, directly or indirectly, shall require prior Government/FIPB approval. · Pricing: FDI in an LLP permitted more than or equal to the fair price as worked out with any valuation norm which is internationally accepted/ adopted as per market practice. · An Indian company, having foreign investment (direct or indirect, irrespective of percentage of such foreign investment), will be permitted to make downstream investment in an LLP only if both, the company as well as the LLP, are operating in sectors where 100% FDI is allowed under the automatic route and there are no FDI- linked performance related conditions. · An LLP with FDI will not be eligible to make any downstream investments in any entity in India. · A designated partner would also have to satisfy the definition of “person resident in India” under Foreign Exchange Management Act, 1999. · LLPs shall not be permitted to avail External Commercial Borrowings (ECBs). 4.0 RBI curbs Banks from extending Guarantees, ‘Letters of Comfort’ to Overseas Arms of Firms The Reserve Bank of India (RBI) imposed restrictions on non-fund based credit facilities guarantees, stand-by letters of credit, letters of comfort, and so on, extended by banks to Indian companies’ overseas arms. Further, the central bank disallowed repayment of rupee loans taken from the domestic banking system through external commercial borrowings (ECBs) extended by overseas branches/ subsidiaries of Indian banks. The overseas arms of India companies include joint ventures, wholly-owned subsidiaries, and wholly-owned step-down subsidiaries. The RBI directed banks, including their overseas branches/ subsidiaries, not to issue non-fund based credit facilities on behalf of overseas arms of Indian companies for the purpose of raising loans/ advances of any kind from other entities except in connection with the ordinary course of overseas business. 5.0 Foreign Investment in India in Government Securities On a review, to encourage longer term flows, it has now been decided by the Reserve Bank that
  • 7. 7A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY FEMA / AUDIT foreign investment by all eligible investors including Registered Foreign Portfolio Investors (RFPIs) shall henceforth be permitted only in Government dated securities having residual maturity of one year and above and existing investments in T-bills and Government dated securities of less than one year residual maturity shall be allowed to taper off on maturity/ sale. 1.0 Limit on Number of Audits as per Section 141(3)(g) of the Companies Act, 2013 ICAI has requested the Government to invoke the powers conferred by Section 470 of the Companies Act, 2013 to remove difficulties by issuing an order to make the provision of Section 143 (3)(g) not to apply to private companies, small companies & one person companies. 2.0 Applicability of the Companies Act, 2013 to Auditor's Report to FY 2014-15 and Onwards The provisions of the 2013 Act would apply only to the financial years commencing on or after 1st April 2014. Thus, for example, the statutory auditor's report signed in respect of the financial year of the company ended 31st March 2015 would need to be issued in accordance with the provisions of the Companies Act, 2013. 3.0 Deferred Tax Liability on Special Reserve AnAnnouncement has been issued by theAuditing &Assurance Standards Board under theAuthority of the Council of ICAI regarding manner of reporting by the auditors in respect of RBI's circular on Deferred Tax Liability on Special Reserve created under Section 36(1) (viii) of the Income Tax Act, 1961. 4.0 CAG can Audit Private Telecom Firms: SC The Supreme Court made it clear to private companies that share of revenue from natural resources such as spectrum with the government would be subjected to audit by the Comptroller and Auditor General. 5.0 I-T dials Nokia again, orders Special Audit The special audit against Nokia India would be a comprehensive one, as the Income Tax Department suspects "considerable suppression" of income by the firm, sources said. Scrutiny of transactions between Nokia India and Nokia Finland will be part of the audit. AUDIT 6.0 Satyam Scam: CA Institute removes PWC Partners for Life The CA Institute, which regulates the audit profession, has removed three people found guilty of professional misconduct in the Satyam Computer Services scam from its membership list for life. The three are S. Gopalakrishnan, Srinivas Talluri & V. Srinivasu. Both Gopalakrishnan and Talluri were signing partners from Pricewaterhouse, which had conducted the statutory audit of the company. Srinivasu was a Senior Vice-President and Director in Satyam Computers. Prabhakar Gupta,who was in charge of internal audit at Satyam Computer Services has already been removed from the CA Institute's member list, albeit for a different reason. 7.0 Big Loan Defaulters to Face RBI Audit The Board of Financial Supervision (BFS), chaired by Reserve Bank of India (RBI) governor Raghuram Rajan, has, in fact, cleared a proposal that the central bank will conduct an independent forensic audit of corporates declared fraudulent by banks. Independent audits, however, will be restricted to corporates that have borrowed more than `1,000 crore.
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD – May 2014 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 May, 2014 R.N.I. No. 50796/90 Posting Date: 14/15 May, 2014 Registration No. DL(c)-01/1268/2012-14 Licenced to post without prepayment No. U-(C)-82/2012-14 an effective and efficient manner and support entrepreneurship initiative and provide them right direction. Our role is crucial to achieve the target of highest growing economy. The country, society and Government also need to ensure that education; medical facilities, justice, housing and all basic amenities are within easy reach of all Indians with good employment opportunities. It is important to eradicate corruption, bring transparency, fair and compassionate approach in the Government and Private Sector. India is committed to work as an integrated committed society without caste, creed or religion differentiation and will not tolerate any compromise on cultural and ethical values inherited from our ancestors. EDITORIAL IndianEconomy...Contd... transparent, visionary, development and growth oriented positive policies. The businessmen, professionals, agriculturist, bureaucrats, mind workers, hand workers, educationists, media, bankers, regulators and of course the common man need to be respected by the society for their contribution and working atmosphere for each one has to improve. The Chartered Accountancy profession need to play a centre stage role to strategize and plan growth, contribute in organizing and channelizing resources, putting necessary internal control and MIS to monitor growth direction, in