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Volume XXIV, No. 06, June, 2013
The recent fall of the Indian rupee vis-
à-vis US Dollar and other major
currencies have caused serious concern
in the business, profession and Indian
intellectuals. The fall of Indian rupee
indicate serious inherent weakness of
the Indian economy and in spite of some
arrests of the inflationary tendency the
overall outlook is very weak. Some
major indicators include:
The industrial production growth rate has come down
around 2%;
GDP growth rate is at its lowest in more than a decade;
Public Sector Corporations are sitting on hard cash reserve
of more than ` 4 lakh crore, without any major initiative
for investments;
Privatesectortop500companiesarealsosittingonhardcash
ofmorethan1millioncrore,nomajorinvestmentinitiatives;
Balance of payments is getting bad to worse;
Gold import is mounting up;
Real Foreign Direct Investment is shying away due to
hyper active taxation wing of the government including
transfer pricing, international withholding tax and a
tendency to deny legitimate benefits to the assessee.
Almost all large public sector and private sector banks
are not receiving any major investment related loan
proposals except real estate, roads and power sector.
Project worth more than ` 7 lakh crore in infrastructure
sector including power, roads, ports and mining are stuck/
standstill due to policy constraint and lack of financial
closure.
US Economy Strengthening
In this backdrop it is important to note that the US economy
has off late started to strengthen materially. The US
government has advised all the major funds having their
FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY
Contd............... on pg 8
CAVinod Jain*
* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004
EDITORIAL
headquarters in US, to divert all their major investments into
US and have even directed them to wind up their current
investments from India and other developing countries to
achieve the objective of investment in US.
Excessive Speculation in Foreign Currency and Gold
The fall of rupee and specially a very severe volatility can also
be attracted to increased speculative transactions in the foreign
currencies stock exchanges and very heavy speculative
activities in gold on the commodity exchanges. The Gold funds
have even lead to larger Gold imports.
Government Policy in action
The Indian government seems to have become insensitive
and have come to a position of complete confusion in respect
of the direction and strategy. Any further lackluster approach
will very severely harm the Indian economy.
The economy requires a real push as the Indian entrepreneurs
are primarily waiting for a clear green signal from the
government to provide them sufficient confidence about their
investment initiatives. The government needs to review again
even their latest policy of domestic transfer pricing, which will
further aggravate the investment climate.
OverblowofInvestigation
Lack of policy initiative and decision making is largely
contributed to scam related investigations, arrests and
resignations. While corruption cannot be tolerated, a clear-
cut decision of the government and the judiciary is mandatory
to provide confidence among political leadership, top
bureaucrats, bankers and the public sector that the genuine
decision will not be questioned on the pretext of non
compliance of procedures or technical breaches. In the absence
of direct clinching evidence, corruption charges should not
be blown beyond proportion, based on apprehensions or
alleged benefits to related parties or very indirect
circumstantial evidence. The allegations of favour or a
questionable policy framework alone cannot be the basis of
questioning, arrests and prosecution.
2 THE CHARTERED ACCOUNTANT WORLD – June 2013
LATEST IN FINANCE
1.0 Key Features of the Real Estate Regulatory
Authority Bill
The Real Estate (Regulation and Development)
Bill, approved by the Union Cabinet on 4th June
2013 provides a uniform regulatory environment
to the sector.
Developers/ Builders with a project of 1,000
sq. mt. and above must register all projects
and obtain all relevant clearances with the state
regulatory authority. Authorities have 15 days
to approve or reject a project.
Developers cannot offer any pre-launch sales
or collect any money from buyers without all
regulatory approvals. Advance money of not
more than 10% can be accepted from the
buyers without any written agreement.
Construction to begin only after the developer's
website has displayed all details of the project
including receipt of clearances and the carpet
area of the flat.
The developers will have to maintain a separate
bank account for each project, and will not be
allowed to divert the money for other projects.
It will be mandatory to keep 70% of the buyers
funds in a separate bank account to ensure
timely completion of projects.
Builders will have to use photographs of actual
site for advertisements purpose. Builders
coming out with misleading advertisements
consider as punishable crime.
Builder will refund the full amount received
from the buyer with interest in case of delay
in projects.
Failure of any provision will attract a penalty
which may be up to 10% of the project cost
or imprisonment up to three years.
2.0 RBI has offered 10-year IIB for ` 1000 crore
The Reserve Bank of India (RBI) has offered 10-
year inflation indexed bonds for a notified amount
of ` 1000 crores. The auction was conducted
through uniform price method and 20% of the
notified amount being reserved for the retail
investors under non-competitive bidding. The
coupon has been set based on the bids received
and will be payable twice a year.
3.0 RBI plans to ease hedging norms
The Reserve Bank of India (RBI) plans to allow
exporters and importers to rebook and cancel up
to 50 percent of their hedged exposure from their
present cap of 25 percent.
4.0 RBI makes debt recast norms more stringent
The Reserve Bank of India (RBI) has said that all
loans recast after April 1, 2015, should be
classified as non-performing asset (NPA). Also,
from June 1, 2013
Provision for existing stock of recast debt to
be raised from 2.75% to 5% in a phased manner
over three years
If principal converted into debt or equity, it
will be held under the available-for-sale
category
Banks not to artificially reduce the net present
value of cash flows by resorting to any sort of
financial engineering
Banks to ensure infrastructure units achieve
viability in 8 years and other cases in 5 years
Promoters' contribution should be a minimum
20% of banks' sacrifice or 2% of restructured
debt, whichever is higher
Banks to insist on higher sacrifice from
promoter if exposure is large
Conversion of debt into preference shares the
last resort, with a cap of 10% of restructured
debt
Only listed companies' debt could be converted
into equity
Promoters' personal guarantee must, corporate
guarantee not a substitute for personal
guarantee
5.0 ADB to lend India $6 billion over next three
years
The multilateral bank's president Takehiko Nakao
has said that the Asian Development Bank will
maintain its lending rate to India of about $2 billion
per annum for the next three years, which will
LATEST IN FINANCE
3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
LATEST IN FINANCE
be invested in power, transportation, water and
sanitation.
6.0 Overseas debt norms relaxed for
infrastructure firms
India has eased overseas debt norms for
infrastructure firms allowing oil marketing
companies to finance short-term credit through
external commercial borrowings but kept the
overall limit unchanged for the fiscal. The panel
also extended the External Commercial
Borrowings (ECB) relaxation for affordable
housing for two years and aviation for a few more
months. In December last year, the Reserve Bank
of India (RBI) had allowed real estate developers
and housing finance companies to raise up to $1
billion through ECBs in the last fiscal to promote
low-cost housing projects.
ThefundsraisedthroughECBscouldbeusedeither
for developing low-cost housing projects or for
providing loans up to ` 25 lakh to individuals for
buying units with a price tag of ` 30 lakh or less.
7.0 Power Grid to raise ` 8,000 cr via domestic,
overseas bond sale
State-run power Transmission Company Power
Grid Corporation plans to raise ` 8,000 crore
during the fiscal through domestic and
international bonds.
8.0 Finance Ministry to consider regulating
Finance and Investment Schemes
The following schemes are being considered for
being appropriately regulated/ banned by Finance
Ministry
Prize chit funds
Each member subscribes to a certain sum of
money by way of periodical installments over
a period. Each subscriber, in his turn, as
determined by various ways, is entitled to the
prize amount
Banned by the Prize Chits and Money
Circulation Schemes (Banning) Act, 1978
Money-circulation schemes
Promises to give commissions not only in
the event of personal efforts of recruiting
members for the scheme but also on the
contingency relative to enrolment of new
members
Banned by the Prize Chits and Money
Circulation Schemes (Banning) Act, 1978
Ponzi scheme
Pays returns to investors from its own money
or that paid by subsequent investors, rather
than from profit earned by the firm running
the operation. The scheme usually lures new
investors by offering fancy returns
Collective investment schemes
A way of investing alongside other investors
to benefit from the advantages of working as
part of a group
The Securities & Exchange Board of India
approval needed to launch such schemes
Pyramid schemes
Offer payments to participants primarily to
recruit other people for the scheme; there is
no real investment or sale of products
Multi-level marketing
These schemes sell products directly; salesmen
are compensated for their own sales as well
as for those of people who join the company
through them
9.0 Withholding tax on rupee-denominated
infrastructure bonds lowered to 5%
From June 1, foreign investors will have to pay
5 per cent withholding tax on interest earned on
rupee-denominated long-term infrastructure
bonds issued by Indian companies and
Government securities. Earlier, the rate was 20
per cent. The government also clarified that those
foreign investors would not have to obtain a PAN
card to benefit from reduced withholding tax on
long term infrastructure
10.0 India's sovereign credit rating
Credit Rating Rating Outlook
Agency
Fitch BBB- Negative
S&P BBB- Negative
Moody's Baa3 Stable
4 THE CHARTERED ACCOUNTANT WORLD – June 2013
LATEST IN FINANCE / CAPITAL MARKET
CAPITAL MARKET
1.0 SEBI announces deadline extension for
complying with new ESOP norms
In January, Securities and Exchange Board of
India (SEBI) issued a circular stating that trusts
formed under employee benefit schemes are
being used to deal in the company's own shares.
The new norms prevent listed entities from
framing any ESOP scheme to acquire their own
shares from the secondary market. SEBI has
decided to extend the deadline from the earlier
proposed 30.06.2013 to 31.12.2013.
2.0 SEBI registration must to act as an
investment advisor
The Securities and Exchange Board of India
(SEBI) has said that in terms of Investment
Advisory Regulations, no person shall act as an
Investment Advisor unless he has obtained a
certificate of registration from the board or he is
specifically exempt. The applicant is required to
submit the form with a fee of ` 5000 by way of
bank draft.
3.0 Amendment to ESOP and ESPS guidelines
The amendment to SEBI (ESOS and ESPS)
Guidelines 1999 dated 17.01.2013 also provided
that no ESOS/ESPS schemes shall involve
acquisition of securities of the company from
the secondary market compliance now extended
till 31st December 2013
CIR/CFD/DIL/7/2013 dated 13.05.2013, www.sebi.gov.in
11.0 Rupee Export Credit - Interest Subvention:
New Sector notified
The Reserve Bank of India (RBI) has decided to
widen the interest subvention scheme to the
following sectors for the period April 1, 2013 to
March 31, 2014, on the same terms and
conditions:
1. ITC (HS) and Textiles good to 6 tariff lines as
per the list given in theAnnex -I to the circular.
2. Additional 101 tariff lines in engineering
good sector in addition to the existing 134
lines as per the list given in Annex- II to the
circular.
RBI/2012-13/507 dated 24.05.2013, www.rbi.org.in
12.0 RBI ban levy of cheque return charges
The Reserve Bank of India (RBI) has said that
cheque return charges shall be levied only in cases
where the customer is at fault and is responsible
for such returns. The illustrative list of returns,
where the customers are not at fault are indicated
in the annexure to circular.
RBI/2012-13/493 dated 07.05.2013, www.rbi.org.in
13.0 Banks mandated to acknowledge Form
15-G/ 15-H
With a view to protect interest of the depositors
and for rendering better customer service, the
Reserve Bank of India (RBI) has advised the
banks to give an acknowledgment at the time of
receipt of Form 15-G/15-H. This will help in
building a system of accountability and customers
will not be put to inconvenience due to any
omission on part of the banks.
RBI/2012-13/516 dated 31.05.2013, www.rbi.org.in
14.0 NBFCs finance for Purchase of Gold banned
The Reserve Bank of India (RBI) has said that
no advances should be granted by Non Banking
Finance Companies (NBFCs) for purchase of
gold in any form, including primary gold, gold
bullion, gold jewellery, gold coins, units of gold
Exchange Traded Funds (ETF) and units of gold
Mutual Funds.
RBI/2012-13/510 dated 27.05.2013, www.rbi.org.in
15.0 RBI prescribed interest rate cap
The Reserve Bank of India (RBI) has said that
the margin cap for all Non Banking Finance
Companies (NBFCs) irrespective of their size
would be 12 % per cent till March 31, 2014.
However, with effect from 1st April, 2014 margin
caps as defined by Malegam Committee may
not exceed 10 per cent for large MFIs (loans
portfolios exceeding `100 crore) and 12 per cent
for the others.
RBI/2012-13/517 dated 31.05.2013, www.rbi.org.in
16.0 Invest excess funds or pay more dividends
Prime Minister's Office has asked state-run
companies to invest their excess funds or pay
higher dividend, repeating a warning that helped
achieve some progress last year.
5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
CERTIFICATE COURSEAUDIT / FEMA / CORPORATE AND ECONOMIC LAWS
AUDIT
1.0 RBI probe upholds Cobrapost charges on 3
private banks
A confidential report prepared by Reserve Bank
of India (RBI) on the Cobrapost exposé in March
on HDFC Bank, Axis Bank and ICICI Bank has
shown violations of regulatory norms. It has found
use of fictitious permanent account numbers issued
by the income tax department, use of unknown
non-resident ordinary (NRO) accounts,
unauthorized gold sale and rampant non-
complianceofKnowYourCustomer(KYC)norms.
2.0 Shashi Kant Sharma appointed new CAG
Shashi Kant Sharma, a 1976 IAS batch officer,
has been appointed as the Comptroller andAuditor
General (CAG) of India. The incumbent Vinod
Rai demits office on May 23. Presently, Sharma
was holding the office of the Defence secretary.
3.0 Tax Audit Reports to be filed electronically
The Central Board of Direct Taxes (CBDT) has
said that in sub-rule(2) of Rule 12 of Income
Tax Rules, 1962 an assessee is required to furnish
a report of audit electronically under sections
44AB, 92E or 115JB of the Act.
FEMA
1.0 RBI curbs on offshore rupee-dollar trades
The Reserve Bank of India has said that any Indian
entity taking direct or indirect equity participation
in an overseas outfit that facilitates trading of
financial products linked to the rupee will need
specific approval from the regulator. The Indian
rupee is not fully convertible and such products
could have implications for the exchange rate
management of the country. Besides currency,
the restriction imposed by RBI extends to all
rupee-linked securities, stock indices and
commodity futures as well.
2.0 Gold Loan restricted
The gold loan by importing banks/agency has been
restricted to the following:-
1. Suppliers credit up to a period of 180 days
may be availed of by the nominated agencies/
banks. However, buyers credit will require
prior approval of Reserve Bank irrespective
of the period of credit.
2. Gold may be imported by the nominated banks/
agencies on consignment basis
3. Import of gold on unfixed price basis.
4. To moderate the demand for gold for domestic
use, RBI has decided to restrict import of gold
on consignment basis by banks,only to meet
the genuine needs of gold jewellery exporters.
Circular No. 105 & 7 dated 13.05.2013, www.rbi.org.in
3.0 Export proceeds to realize within 9 months
The Reserve Bank of India (RBI) has been
decided, in consultation with the Government of
India, to bring down the realization period of
proceeds of goods/ software from twelve months
to nine months from the date of export, with
immediate effect, valid till September 30, 2013.
4.0 NSE launches debt trading platform
As part of its attempts to bring additional
transparency and depth to securities market, the
National Stock Exchange (NSE) has launched a
dedicated debt trading platform.
5.0 Submission of Valuation Report from
Independent Chartered Accountant
All listed companies undertaking a Scheme of
Arrangement under Part IV and Chapter V of Part
VI of the Companies Act, 1956, (Amalgamation/
Merger/ Reconstruction/ Reduction Of Capital,
etc.) are required to submit a valuation report
in terms of Para (I) (A) read with Part A,
Annexure-I of the SEBI Circular No. CIR/CFD/
DIL/5/2013 dated February 4, 2013. However,
'Valuation Report from an Independent Chartered
Accountant' need not be required in cases where
there is no change in the shareholding pattern of
the listed company / resultant company.
CIR/CFD/DIL/8/2013 dated 21.05.2013, www.sebi.gov.in
CORPORATE AND ECONOMIC LAWS
1.0 Coal regulator ambit widened
The government is set to bring surplus coal
produced in private captive coal mines under the
regulatory net. The proposed coal regulatory
authority, being set up to induce transparency in
pricing and coal mining operations, will decide
how to price coal produced in captive mines, too.
6 THE CHARTERED ACCOUNTANT WORLD – June 2013
INSURANCE / INDIRECT TAXATION / DIRECT TAXATION
indirect tax net.
3. States also recommend traders with a
turnover of less than ` 1.5 crores be exempt
from the dual control which leads to tax
overburden.
3.0 Service Tax Voluntary Compliance
Encouragement Scheme notified
The Central Government has issued rules
regarding the form and manner of declaration,
form and manner of acknowledgement of
declaration, manner of payment of tax dues
and form and manner of issuing
acknowledgement of discharge of tax dues under
the Service Tax Voluntary Compliance
Encouragement Scheme, 2013
1. Minimum amount to be paid on or before the
31st Dec, 2013 (50% of the tax dues)
2. Remaining tax dues to be paid on or before
the 30th June, 2014
3. Any tax dues remaining unpaid as on 1st day
of July,2014 shall be paid before the 31st
December,2014 along with interest, as
prescribed under section 75 or as the case
may b, section 73B of the Finance Act, 1994
for the period of delay starting from the 1st
day of July,2014.
Cir. No. 10/2013 dated 13.05.2013, www.servicetax.gov.in
DIRECT TAXATION
1.0 Guidance note on advanced pricing pacts
issued
The Central Board of Direct Taxes (CBDT) has
come out with a comprehensive guidance note
with frequently asked questions on advance
pricing agreements (APAs).
An APA is an agreement between a taxpayer and
tax authorities on the transfer pricing method and
rate applicable to taxpayers' inter-company
transactions.
India had introducedAPAprovisions in the income
tax law from July 1 last year.
The CBDT had come out with the rules for the
APA programme in August last year.
INDIRECT TAXATION
1.0 Pay more service tax on house costing over
` 1 crore
The Central Board of Excise and Customs, the
apex indirect taxes body, has issued new norms
that restrict lower service tax to only those houses
that cost below ` 1 crore and have carpet area
less than 2000 square feet. Service tax at the rate
of 12% will be applicable on 25% of the total
value of the residential unit (effectively 3%) on
properties that meet these conditions.
If a housing unit is either more than 2000 square
feet carpet area or costs over ` 1 crore then the
tax will be levied on 30% of the total value, says
the CBEC notification, raising the effective tax to
3.6%.
2.0 GST -Consensus on exempted goods being
thrashed
The following difference are occurring in case
of State List and the Centre's List for Goods &
Service Tax (GST):
1. As of now, the exempt list of states contains
96 items whereas the Centre's list has 243
items.
2. Common exemption list for goods and services
sought so that fewer items remains outside the
INSURANCE
1.0 Investors fail to renew Rs 1.9 lakh cr of
insurance policies
A large chunk of insurance policies from private
insurers lapsed because investors didn't pay their
renewal premium, data from the Insurance
Regulatory Development Authority (IRDA)
Handbook of Statistics reveal.
The lapse ratio was as high as 51 per cent for
Birla Sun Life Insurance, 49 per cent for Future
Generali and at 42 per cent and 36 per cent,
respectively, for ICICI Prudential and Bharti Axa
Life in 2011-12.
The Life Insurance Corporation has, however,
maintained lapse ratios at 4-5 per cent over the
last few years.
7A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
CERTIFICATE COURS / ICAIEDIRECT TAXATION
FINANCIAL INDICATORS
CurrentRate* MonthAgo 3Month 6Month
(in%) (in%) Ago(in%) Ago(in%)
3 Month LIBOR ($) 0.27 0.277 0.305 0.343
3 Month MIBOR (`) 8.53 8.79 8.75 8.7
SENSEX 19441 18413 19664 18631
NIFTY 5878 5558 5969 5652
CRR 4 4 4.25 4.5
REPO 7.25 7.5 8 8
REVERSE REPO 6.25 6.5 7 7
Gold (per 10 gm) 28011 29230 30797 31456
Silver (per kg) 44162 51775 58128 62176
Crude (USD/bbl) 103.95 105.79 112.38 114.33
Rs. vs USD 57.78 54.53 54.63 53.05
Rs. vs Euro 76.24 71.33 71.32 68.21
Rs. vs 100 Yen 58.79 55.03 61.99 67.82
Rs. vs RMB 9.5 8.8 8.79 8.44
Rs. vs Pound 89.71 83.59 87.5 84.84
MCX Aluminium 108.85 102.4 113.3 105.65
MCX Copper 408.9 413.2 444.75 429.3
*As on 10th June 2013 (Sources: Moneycontrol, NSE, BSE, RBI, MCX)
Section 72, read with Section 80-IA: Set off
& Carry Forward of Business Losses
The Bangalore ITAT bench has held that losses
from windmill business, i.e., eligible business
under section 80-IA, can be set off against other
heads of income.
Dy. CIT vs. V.B. Koujalgi, [2013] 33 taxmann.com 319
Section 54, read with Section 54F: Exemptions
from Capital Gains
The Hyderabad ITAT bench has held that
exemption claimed under section 54 cannot be
denied on ground that assessee has not utilized
sale consideration received from sale of flats
itself, in purchasing a new residential house.
Smt. Pushpa Devi Tirbrewala vs. ITO, Ward - 8, Hyderabad,
[2013] 33 taxmann.com 305
Section 92C: Computation of Arm Length
Price
The Chennai ITAT bench has held that where
assessee company sold its stake in an Indian
company to its foreign associate company,
discounted cash flow method could be used for
valuation of shares sold, due to non-applicability
of other methods prescribed u/s 92C(1).
Ascendas (India) (P. )Ltd. Vs. Dy. CIT, Company Circle-
I(1), [2013] 33 taxmann.com 295 (Chennai - Trib.)
2.0 Some Latest Judgements
Section 54: Exemption under Capital Gains
The Andhra Pradesh High Court has held that
exemption under section 54 cannot be denied,
where residential house property purchased by
assessee consists of several independent units.
CIT-II, Hyderabad vs. Syed Ali Adil, [2013] 33
taxmann.com 212
Section 68: Cash Credits
The Gujarat High Court has held that where
assessee in support of gifts received from donors
submitted requisite documents such as copies of
demand drafts, gift deed, PAN cards and
acknowledgement of returns of donors, no
addition could be made in respect of gift amount
by taking recourse to provisions of section 68.
CIT-VI vs. Heena Sharma, [2013] 33 taxmann.com 176
The Gujarat High Court has held that where,
amount gifted through bank established
genuineness of transaction, and sufficiency of
funds of donor was proved, amount could not
be added as cash credit.
CIT -V vs. Mahendra A. Patel, [2013] 33 taxmann.com 23
The Gujarat High Court has held that where
sizeable amounts were deposited in cash in
account of depositors only before their
withdrawal through cheques in favour of
assessee, addition was justified.
Blessing Construction vs.ITO, [2013] 32 taxmann.com 366
Section 36(1)(vii): Deduction of Bad Debts
The Delhi High Court has held that where
assessee-company consequent upon a scheme
of demerger had acquired business of its holding
company as going concerns and thereafter
continued to run and operate said business,
assessee was entitled to write off bad debts,
which had been acquired from holding company.
CIT -VI vs. Times Business Solution Ltd., [2013] 33
taxmann.com 173
Section 31: Repairs and Insurance of
Machinery, Plant and Furniture
The Cochin ITAT bench has held that when an
integral part of machine is replaced, it would come
within connotation of 'current repairs'.
Midas Rubber (P) Ltd. vs. ACIT, [2013]33 taxmann.com 335
8 THE CHARTERED ACCOUNTANT WORLD – June 2013
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
JUNE, 2013
R.N.I. No. 50796/90
Posting Date: 14/15 June, 2013
Registration No. DL(c)-01/1268/2012-14
Licenced to post without prepayment No. U-(C)-82/2012-14
Contd............... from pg 1
FALL IN RUPEE - A MAJOR CONCERN...
EDITORIAL
In case politicians, after politicians and bureaucrats after
bureaucrats are questioned for a possible corruption, which
are ultimately held as not guilty, may result into a complete
absence of quick decision making at various levels.
Inourconsideredview,theaccusedshouldonlybearrested
in corruption charges, after the charges are fully
established and punishment given by the court. In case a
large number of persons are arrested or are subjected to
harassment or humiliation, without final evidence, the
working atmosphere gets fully vitiated.
Investigation should be completely confidential
The investigation or interrogation and even prosecution
can be kept confidential in a properly institutionalized
mechanism till the time charges against the persons are
fully established. In the absence of these precautions a
very large number of persons get defamed, humiliated and
actually punished even much before their guilt is finally
established. The old famous judicial guidelines that no
innocent should be punished at any cost, has to be followed
in letter and spirit.
Tax Laws should be business friendly
The tax GDP ratio is already very high, when we consider
state level as well as central level taxes. The indirect tax
rates need to be substantially lowered. The complicated
and vindictive tax and regulatory laws and procedures have
to be curtailed and their litigant interpretations need to be
avoided. We need to respect DTAT and a liberal interpreta-
tion is necessary to provide confidence back in businesses.

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FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY

  • 1. Volume XXIV, No. 06, June, 2013 The recent fall of the Indian rupee vis- à-vis US Dollar and other major currencies have caused serious concern in the business, profession and Indian intellectuals. The fall of Indian rupee indicate serious inherent weakness of the Indian economy and in spite of some arrests of the inflationary tendency the overall outlook is very weak. Some major indicators include: The industrial production growth rate has come down around 2%; GDP growth rate is at its lowest in more than a decade; Public Sector Corporations are sitting on hard cash reserve of more than ` 4 lakh crore, without any major initiative for investments; Privatesectortop500companiesarealsosittingonhardcash ofmorethan1millioncrore,nomajorinvestmentinitiatives; Balance of payments is getting bad to worse; Gold import is mounting up; Real Foreign Direct Investment is shying away due to hyper active taxation wing of the government including transfer pricing, international withholding tax and a tendency to deny legitimate benefits to the assessee. Almost all large public sector and private sector banks are not receiving any major investment related loan proposals except real estate, roads and power sector. Project worth more than ` 7 lakh crore in infrastructure sector including power, roads, ports and mining are stuck/ standstill due to policy constraint and lack of financial closure. US Economy Strengthening In this backdrop it is important to note that the US economy has off late started to strengthen materially. The US government has advised all the major funds having their FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY Contd............... on pg 8 CAVinod Jain* * Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004 EDITORIAL headquarters in US, to divert all their major investments into US and have even directed them to wind up their current investments from India and other developing countries to achieve the objective of investment in US. Excessive Speculation in Foreign Currency and Gold The fall of rupee and specially a very severe volatility can also be attracted to increased speculative transactions in the foreign currencies stock exchanges and very heavy speculative activities in gold on the commodity exchanges. The Gold funds have even lead to larger Gold imports. Government Policy in action The Indian government seems to have become insensitive and have come to a position of complete confusion in respect of the direction and strategy. Any further lackluster approach will very severely harm the Indian economy. The economy requires a real push as the Indian entrepreneurs are primarily waiting for a clear green signal from the government to provide them sufficient confidence about their investment initiatives. The government needs to review again even their latest policy of domestic transfer pricing, which will further aggravate the investment climate. OverblowofInvestigation Lack of policy initiative and decision making is largely contributed to scam related investigations, arrests and resignations. While corruption cannot be tolerated, a clear- cut decision of the government and the judiciary is mandatory to provide confidence among political leadership, top bureaucrats, bankers and the public sector that the genuine decision will not be questioned on the pretext of non compliance of procedures or technical breaches. In the absence of direct clinching evidence, corruption charges should not be blown beyond proportion, based on apprehensions or alleged benefits to related parties or very indirect circumstantial evidence. The allegations of favour or a questionable policy framework alone cannot be the basis of questioning, arrests and prosecution.
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD – June 2013 LATEST IN FINANCE 1.0 Key Features of the Real Estate Regulatory Authority Bill The Real Estate (Regulation and Development) Bill, approved by the Union Cabinet on 4th June 2013 provides a uniform regulatory environment to the sector. Developers/ Builders with a project of 1,000 sq. mt. and above must register all projects and obtain all relevant clearances with the state regulatory authority. Authorities have 15 days to approve or reject a project. Developers cannot offer any pre-launch sales or collect any money from buyers without all regulatory approvals. Advance money of not more than 10% can be accepted from the buyers without any written agreement. Construction to begin only after the developer's website has displayed all details of the project including receipt of clearances and the carpet area of the flat. The developers will have to maintain a separate bank account for each project, and will not be allowed to divert the money for other projects. It will be mandatory to keep 70% of the buyers funds in a separate bank account to ensure timely completion of projects. Builders will have to use photographs of actual site for advertisements purpose. Builders coming out with misleading advertisements consider as punishable crime. Builder will refund the full amount received from the buyer with interest in case of delay in projects. Failure of any provision will attract a penalty which may be up to 10% of the project cost or imprisonment up to three years. 2.0 RBI has offered 10-year IIB for ` 1000 crore The Reserve Bank of India (RBI) has offered 10- year inflation indexed bonds for a notified amount of ` 1000 crores. The auction was conducted through uniform price method and 20% of the notified amount being reserved for the retail investors under non-competitive bidding. The coupon has been set based on the bids received and will be payable twice a year. 3.0 RBI plans to ease hedging norms The Reserve Bank of India (RBI) plans to allow exporters and importers to rebook and cancel up to 50 percent of their hedged exposure from their present cap of 25 percent. 4.0 RBI makes debt recast norms more stringent The Reserve Bank of India (RBI) has said that all loans recast after April 1, 2015, should be classified as non-performing asset (NPA). Also, from June 1, 2013 Provision for existing stock of recast debt to be raised from 2.75% to 5% in a phased manner over three years If principal converted into debt or equity, it will be held under the available-for-sale category Banks not to artificially reduce the net present value of cash flows by resorting to any sort of financial engineering Banks to ensure infrastructure units achieve viability in 8 years and other cases in 5 years Promoters' contribution should be a minimum 20% of banks' sacrifice or 2% of restructured debt, whichever is higher Banks to insist on higher sacrifice from promoter if exposure is large Conversion of debt into preference shares the last resort, with a cap of 10% of restructured debt Only listed companies' debt could be converted into equity Promoters' personal guarantee must, corporate guarantee not a substitute for personal guarantee 5.0 ADB to lend India $6 billion over next three years The multilateral bank's president Takehiko Nakao has said that the Asian Development Bank will maintain its lending rate to India of about $2 billion per annum for the next three years, which will LATEST IN FINANCE
  • 3. 3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY LATEST IN FINANCE be invested in power, transportation, water and sanitation. 6.0 Overseas debt norms relaxed for infrastructure firms India has eased overseas debt norms for infrastructure firms allowing oil marketing companies to finance short-term credit through external commercial borrowings but kept the overall limit unchanged for the fiscal. The panel also extended the External Commercial Borrowings (ECB) relaxation for affordable housing for two years and aviation for a few more months. In December last year, the Reserve Bank of India (RBI) had allowed real estate developers and housing finance companies to raise up to $1 billion through ECBs in the last fiscal to promote low-cost housing projects. ThefundsraisedthroughECBscouldbeusedeither for developing low-cost housing projects or for providing loans up to ` 25 lakh to individuals for buying units with a price tag of ` 30 lakh or less. 7.0 Power Grid to raise ` 8,000 cr via domestic, overseas bond sale State-run power Transmission Company Power Grid Corporation plans to raise ` 8,000 crore during the fiscal through domestic and international bonds. 8.0 Finance Ministry to consider regulating Finance and Investment Schemes The following schemes are being considered for being appropriately regulated/ banned by Finance Ministry Prize chit funds Each member subscribes to a certain sum of money by way of periodical installments over a period. Each subscriber, in his turn, as determined by various ways, is entitled to the prize amount Banned by the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 Money-circulation schemes Promises to give commissions not only in the event of personal efforts of recruiting members for the scheme but also on the contingency relative to enrolment of new members Banned by the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 Ponzi scheme Pays returns to investors from its own money or that paid by subsequent investors, rather than from profit earned by the firm running the operation. The scheme usually lures new investors by offering fancy returns Collective investment schemes A way of investing alongside other investors to benefit from the advantages of working as part of a group The Securities & Exchange Board of India approval needed to launch such schemes Pyramid schemes Offer payments to participants primarily to recruit other people for the scheme; there is no real investment or sale of products Multi-level marketing These schemes sell products directly; salesmen are compensated for their own sales as well as for those of people who join the company through them 9.0 Withholding tax on rupee-denominated infrastructure bonds lowered to 5% From June 1, foreign investors will have to pay 5 per cent withholding tax on interest earned on rupee-denominated long-term infrastructure bonds issued by Indian companies and Government securities. Earlier, the rate was 20 per cent. The government also clarified that those foreign investors would not have to obtain a PAN card to benefit from reduced withholding tax on long term infrastructure 10.0 India's sovereign credit rating Credit Rating Rating Outlook Agency Fitch BBB- Negative S&P BBB- Negative Moody's Baa3 Stable
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD – June 2013 LATEST IN FINANCE / CAPITAL MARKET CAPITAL MARKET 1.0 SEBI announces deadline extension for complying with new ESOP norms In January, Securities and Exchange Board of India (SEBI) issued a circular stating that trusts formed under employee benefit schemes are being used to deal in the company's own shares. The new norms prevent listed entities from framing any ESOP scheme to acquire their own shares from the secondary market. SEBI has decided to extend the deadline from the earlier proposed 30.06.2013 to 31.12.2013. 2.0 SEBI registration must to act as an investment advisor The Securities and Exchange Board of India (SEBI) has said that in terms of Investment Advisory Regulations, no person shall act as an Investment Advisor unless he has obtained a certificate of registration from the board or he is specifically exempt. The applicant is required to submit the form with a fee of ` 5000 by way of bank draft. 3.0 Amendment to ESOP and ESPS guidelines The amendment to SEBI (ESOS and ESPS) Guidelines 1999 dated 17.01.2013 also provided that no ESOS/ESPS schemes shall involve acquisition of securities of the company from the secondary market compliance now extended till 31st December 2013 CIR/CFD/DIL/7/2013 dated 13.05.2013, www.sebi.gov.in 11.0 Rupee Export Credit - Interest Subvention: New Sector notified The Reserve Bank of India (RBI) has decided to widen the interest subvention scheme to the following sectors for the period April 1, 2013 to March 31, 2014, on the same terms and conditions: 1. ITC (HS) and Textiles good to 6 tariff lines as per the list given in theAnnex -I to the circular. 2. Additional 101 tariff lines in engineering good sector in addition to the existing 134 lines as per the list given in Annex- II to the circular. RBI/2012-13/507 dated 24.05.2013, www.rbi.org.in 12.0 RBI ban levy of cheque return charges The Reserve Bank of India (RBI) has said that cheque return charges shall be levied only in cases where the customer is at fault and is responsible for such returns. The illustrative list of returns, where the customers are not at fault are indicated in the annexure to circular. RBI/2012-13/493 dated 07.05.2013, www.rbi.org.in 13.0 Banks mandated to acknowledge Form 15-G/ 15-H With a view to protect interest of the depositors and for rendering better customer service, the Reserve Bank of India (RBI) has advised the banks to give an acknowledgment at the time of receipt of Form 15-G/15-H. This will help in building a system of accountability and customers will not be put to inconvenience due to any omission on part of the banks. RBI/2012-13/516 dated 31.05.2013, www.rbi.org.in 14.0 NBFCs finance for Purchase of Gold banned The Reserve Bank of India (RBI) has said that no advances should be granted by Non Banking Finance Companies (NBFCs) for purchase of gold in any form, including primary gold, gold bullion, gold jewellery, gold coins, units of gold Exchange Traded Funds (ETF) and units of gold Mutual Funds. RBI/2012-13/510 dated 27.05.2013, www.rbi.org.in 15.0 RBI prescribed interest rate cap The Reserve Bank of India (RBI) has said that the margin cap for all Non Banking Finance Companies (NBFCs) irrespective of their size would be 12 % per cent till March 31, 2014. However, with effect from 1st April, 2014 margin caps as defined by Malegam Committee may not exceed 10 per cent for large MFIs (loans portfolios exceeding `100 crore) and 12 per cent for the others. RBI/2012-13/517 dated 31.05.2013, www.rbi.org.in 16.0 Invest excess funds or pay more dividends Prime Minister's Office has asked state-run companies to invest their excess funds or pay higher dividend, repeating a warning that helped achieve some progress last year.
  • 5. 5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY CERTIFICATE COURSEAUDIT / FEMA / CORPORATE AND ECONOMIC LAWS AUDIT 1.0 RBI probe upholds Cobrapost charges on 3 private banks A confidential report prepared by Reserve Bank of India (RBI) on the Cobrapost exposé in March on HDFC Bank, Axis Bank and ICICI Bank has shown violations of regulatory norms. It has found use of fictitious permanent account numbers issued by the income tax department, use of unknown non-resident ordinary (NRO) accounts, unauthorized gold sale and rampant non- complianceofKnowYourCustomer(KYC)norms. 2.0 Shashi Kant Sharma appointed new CAG Shashi Kant Sharma, a 1976 IAS batch officer, has been appointed as the Comptroller andAuditor General (CAG) of India. The incumbent Vinod Rai demits office on May 23. Presently, Sharma was holding the office of the Defence secretary. 3.0 Tax Audit Reports to be filed electronically The Central Board of Direct Taxes (CBDT) has said that in sub-rule(2) of Rule 12 of Income Tax Rules, 1962 an assessee is required to furnish a report of audit electronically under sections 44AB, 92E or 115JB of the Act. FEMA 1.0 RBI curbs on offshore rupee-dollar trades The Reserve Bank of India has said that any Indian entity taking direct or indirect equity participation in an overseas outfit that facilitates trading of financial products linked to the rupee will need specific approval from the regulator. The Indian rupee is not fully convertible and such products could have implications for the exchange rate management of the country. Besides currency, the restriction imposed by RBI extends to all rupee-linked securities, stock indices and commodity futures as well. 2.0 Gold Loan restricted The gold loan by importing banks/agency has been restricted to the following:- 1. Suppliers credit up to a period of 180 days may be availed of by the nominated agencies/ banks. However, buyers credit will require prior approval of Reserve Bank irrespective of the period of credit. 2. Gold may be imported by the nominated banks/ agencies on consignment basis 3. Import of gold on unfixed price basis. 4. To moderate the demand for gold for domestic use, RBI has decided to restrict import of gold on consignment basis by banks,only to meet the genuine needs of gold jewellery exporters. Circular No. 105 & 7 dated 13.05.2013, www.rbi.org.in 3.0 Export proceeds to realize within 9 months The Reserve Bank of India (RBI) has been decided, in consultation with the Government of India, to bring down the realization period of proceeds of goods/ software from twelve months to nine months from the date of export, with immediate effect, valid till September 30, 2013. 4.0 NSE launches debt trading platform As part of its attempts to bring additional transparency and depth to securities market, the National Stock Exchange (NSE) has launched a dedicated debt trading platform. 5.0 Submission of Valuation Report from Independent Chartered Accountant All listed companies undertaking a Scheme of Arrangement under Part IV and Chapter V of Part VI of the Companies Act, 1956, (Amalgamation/ Merger/ Reconstruction/ Reduction Of Capital, etc.) are required to submit a valuation report in terms of Para (I) (A) read with Part A, Annexure-I of the SEBI Circular No. CIR/CFD/ DIL/5/2013 dated February 4, 2013. However, 'Valuation Report from an Independent Chartered Accountant' need not be required in cases where there is no change in the shareholding pattern of the listed company / resultant company. CIR/CFD/DIL/8/2013 dated 21.05.2013, www.sebi.gov.in CORPORATE AND ECONOMIC LAWS 1.0 Coal regulator ambit widened The government is set to bring surplus coal produced in private captive coal mines under the regulatory net. The proposed coal regulatory authority, being set up to induce transparency in pricing and coal mining operations, will decide how to price coal produced in captive mines, too.
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD – June 2013 INSURANCE / INDIRECT TAXATION / DIRECT TAXATION indirect tax net. 3. States also recommend traders with a turnover of less than ` 1.5 crores be exempt from the dual control which leads to tax overburden. 3.0 Service Tax Voluntary Compliance Encouragement Scheme notified The Central Government has issued rules regarding the form and manner of declaration, form and manner of acknowledgement of declaration, manner of payment of tax dues and form and manner of issuing acknowledgement of discharge of tax dues under the Service Tax Voluntary Compliance Encouragement Scheme, 2013 1. Minimum amount to be paid on or before the 31st Dec, 2013 (50% of the tax dues) 2. Remaining tax dues to be paid on or before the 30th June, 2014 3. Any tax dues remaining unpaid as on 1st day of July,2014 shall be paid before the 31st December,2014 along with interest, as prescribed under section 75 or as the case may b, section 73B of the Finance Act, 1994 for the period of delay starting from the 1st day of July,2014. Cir. No. 10/2013 dated 13.05.2013, www.servicetax.gov.in DIRECT TAXATION 1.0 Guidance note on advanced pricing pacts issued The Central Board of Direct Taxes (CBDT) has come out with a comprehensive guidance note with frequently asked questions on advance pricing agreements (APAs). An APA is an agreement between a taxpayer and tax authorities on the transfer pricing method and rate applicable to taxpayers' inter-company transactions. India had introducedAPAprovisions in the income tax law from July 1 last year. The CBDT had come out with the rules for the APA programme in August last year. INDIRECT TAXATION 1.0 Pay more service tax on house costing over ` 1 crore The Central Board of Excise and Customs, the apex indirect taxes body, has issued new norms that restrict lower service tax to only those houses that cost below ` 1 crore and have carpet area less than 2000 square feet. Service tax at the rate of 12% will be applicable on 25% of the total value of the residential unit (effectively 3%) on properties that meet these conditions. If a housing unit is either more than 2000 square feet carpet area or costs over ` 1 crore then the tax will be levied on 30% of the total value, says the CBEC notification, raising the effective tax to 3.6%. 2.0 GST -Consensus on exempted goods being thrashed The following difference are occurring in case of State List and the Centre's List for Goods & Service Tax (GST): 1. As of now, the exempt list of states contains 96 items whereas the Centre's list has 243 items. 2. Common exemption list for goods and services sought so that fewer items remains outside the INSURANCE 1.0 Investors fail to renew Rs 1.9 lakh cr of insurance policies A large chunk of insurance policies from private insurers lapsed because investors didn't pay their renewal premium, data from the Insurance Regulatory Development Authority (IRDA) Handbook of Statistics reveal. The lapse ratio was as high as 51 per cent for Birla Sun Life Insurance, 49 per cent for Future Generali and at 42 per cent and 36 per cent, respectively, for ICICI Prudential and Bharti Axa Life in 2011-12. The Life Insurance Corporation has, however, maintained lapse ratios at 4-5 per cent over the last few years.
  • 7. 7A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY CERTIFICATE COURS / ICAIEDIRECT TAXATION FINANCIAL INDICATORS CurrentRate* MonthAgo 3Month 6Month (in%) (in%) Ago(in%) Ago(in%) 3 Month LIBOR ($) 0.27 0.277 0.305 0.343 3 Month MIBOR (`) 8.53 8.79 8.75 8.7 SENSEX 19441 18413 19664 18631 NIFTY 5878 5558 5969 5652 CRR 4 4 4.25 4.5 REPO 7.25 7.5 8 8 REVERSE REPO 6.25 6.5 7 7 Gold (per 10 gm) 28011 29230 30797 31456 Silver (per kg) 44162 51775 58128 62176 Crude (USD/bbl) 103.95 105.79 112.38 114.33 Rs. vs USD 57.78 54.53 54.63 53.05 Rs. vs Euro 76.24 71.33 71.32 68.21 Rs. vs 100 Yen 58.79 55.03 61.99 67.82 Rs. vs RMB 9.5 8.8 8.79 8.44 Rs. vs Pound 89.71 83.59 87.5 84.84 MCX Aluminium 108.85 102.4 113.3 105.65 MCX Copper 408.9 413.2 444.75 429.3 *As on 10th June 2013 (Sources: Moneycontrol, NSE, BSE, RBI, MCX) Section 72, read with Section 80-IA: Set off & Carry Forward of Business Losses The Bangalore ITAT bench has held that losses from windmill business, i.e., eligible business under section 80-IA, can be set off against other heads of income. Dy. CIT vs. V.B. Koujalgi, [2013] 33 taxmann.com 319 Section 54, read with Section 54F: Exemptions from Capital Gains The Hyderabad ITAT bench has held that exemption claimed under section 54 cannot be denied on ground that assessee has not utilized sale consideration received from sale of flats itself, in purchasing a new residential house. Smt. Pushpa Devi Tirbrewala vs. ITO, Ward - 8, Hyderabad, [2013] 33 taxmann.com 305 Section 92C: Computation of Arm Length Price The Chennai ITAT bench has held that where assessee company sold its stake in an Indian company to its foreign associate company, discounted cash flow method could be used for valuation of shares sold, due to non-applicability of other methods prescribed u/s 92C(1). Ascendas (India) (P. )Ltd. Vs. Dy. CIT, Company Circle- I(1), [2013] 33 taxmann.com 295 (Chennai - Trib.) 2.0 Some Latest Judgements Section 54: Exemption under Capital Gains The Andhra Pradesh High Court has held that exemption under section 54 cannot be denied, where residential house property purchased by assessee consists of several independent units. CIT-II, Hyderabad vs. Syed Ali Adil, [2013] 33 taxmann.com 212 Section 68: Cash Credits The Gujarat High Court has held that where assessee in support of gifts received from donors submitted requisite documents such as copies of demand drafts, gift deed, PAN cards and acknowledgement of returns of donors, no addition could be made in respect of gift amount by taking recourse to provisions of section 68. CIT-VI vs. Heena Sharma, [2013] 33 taxmann.com 176 The Gujarat High Court has held that where, amount gifted through bank established genuineness of transaction, and sufficiency of funds of donor was proved, amount could not be added as cash credit. CIT -V vs. Mahendra A. Patel, [2013] 33 taxmann.com 23 The Gujarat High Court has held that where sizeable amounts were deposited in cash in account of depositors only before their withdrawal through cheques in favour of assessee, addition was justified. Blessing Construction vs.ITO, [2013] 32 taxmann.com 366 Section 36(1)(vii): Deduction of Bad Debts The Delhi High Court has held that where assessee-company consequent upon a scheme of demerger had acquired business of its holding company as going concerns and thereafter continued to run and operate said business, assessee was entitled to write off bad debts, which had been acquired from holding company. CIT -VI vs. Times Business Solution Ltd., [2013] 33 taxmann.com 173 Section 31: Repairs and Insurance of Machinery, Plant and Furniture The Cochin ITAT bench has held that when an integral part of machine is replaced, it would come within connotation of 'current repairs'. Midas Rubber (P) Ltd. vs. ACIT, [2013]33 taxmann.com 335
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD – June 2013 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 JUNE, 2013 R.N.I. No. 50796/90 Posting Date: 14/15 June, 2013 Registration No. DL(c)-01/1268/2012-14 Licenced to post without prepayment No. U-(C)-82/2012-14 Contd............... from pg 1 FALL IN RUPEE - A MAJOR CONCERN... EDITORIAL In case politicians, after politicians and bureaucrats after bureaucrats are questioned for a possible corruption, which are ultimately held as not guilty, may result into a complete absence of quick decision making at various levels. Inourconsideredview,theaccusedshouldonlybearrested in corruption charges, after the charges are fully established and punishment given by the court. In case a large number of persons are arrested or are subjected to harassment or humiliation, without final evidence, the working atmosphere gets fully vitiated. Investigation should be completely confidential The investigation or interrogation and even prosecution can be kept confidential in a properly institutionalized mechanism till the time charges against the persons are fully established. In the absence of these precautions a very large number of persons get defamed, humiliated and actually punished even much before their guilt is finally established. The old famous judicial guidelines that no innocent should be punished at any cost, has to be followed in letter and spirit. Tax Laws should be business friendly The tax GDP ratio is already very high, when we consider state level as well as central level taxes. The indirect tax rates need to be substantially lowered. The complicated and vindictive tax and regulatory laws and procedures have to be curtailed and their litigant interpretations need to be avoided. We need to respect DTAT and a liberal interpreta- tion is necessary to provide confidence back in businesses.