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Volume XXIV, No. 03, March, 2013
The Union Budget was presented on
28th February, 2013 in the
Parliament. It was being touted as a
good mix of growth and reform. The
major challenges outlined by the
Economic Survey, RBI as well as by
the FM were in respect of consi-
derably reduced estimated growth of
GDP, increase in fiscal deficit,
mounting current account deficit and high inflation rate.
The FM expressed his concern on lower GDP growth
that was estimated between 5%-5.5%, which is much
below India's potential growth rate of 8% and narrated
that getting back to that growth rate is the major challenge
which the country is facing. The FM has plans to restrict
fiscal deficit by restricting government spending and cutting
subsidies. He has plans to control current account deficit
by inviting FDI, FII and ECB.
The plan allocation for different sectors was covered in
detail in the budget speech of the FM. The various tax
proposals and policy initiatives were also announced.
There is a need to analyze areas of major concern and to
consider appropriate initiative at the level of government
and all other stake holders to achieve the desired results
Power Sector
The power sector is the biggest sufferer of lukewarm policy
initiatives and the absence of strong initiative on the fronts
of coal linkages and financial closure. A large number of
projects are incomplete, or stuck at advanced stage of
implementation, due to poor availability of funds and
apprehension among lenders about future of the power
sector. State level electricity distribution and transmission
companies are bleeding and have substantial dues to be
paid to various power producers.
INDIAN ECONOMY AND THE CHALLENGES
Contd............... on pg 3
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
Infrastructure
The Infrastructure Sector consisting of roads, housing
and urban development as well as rural infrastructure
development have also faced new challenges in the absence
of adequate policy initiative and the problems being faced
by BOOT or public private partnership models. The
National Highway Authority of India have also developed
several contentious issues with various road developers,
which have resulted into slow completion of projects, delay
in financial closure or disbursement and similar other issues.
Port Development
The development of ports by the government as well as
under the PPP model has suffered due to security concern
and policy bugs.
Telecom
Telecom sector latest round of 2G auction failed miserably,
in the absence of response, due to heavy reserved price.
Even the 3G licenses have not been made fully operational
due to heavy license fee payable to the government. The
expectation of the government to earn Rs. 40 to 50
thousand crores per annum as license fee from the telecom
sector is resulting into a heavy financial burden on the
sector creating price pressure and is affecting the growth.
Watershed Development and Irrigation
The government has not been able to initiate any major
watershed development program, river linkage program
or other irrigation projects except minor plan allocation,
without any visionary plan for a galloping growth of
agriculture and water supply.
Education
Although the allocation to education sector has been
increased significantly, the need of Indian society in respect
EDITORIAL
2 THE CHARTERED ACCOUNTANT WORLD – March 2013
LATEST IN FINANCE / CAPITAL MARKET
LATEST IN FINANCE
1.0 SPECTRUMAUCTIONFAILED
Not a single GSM operator applied to
participate in the auction of spectrum in the
900 and 1,800 MHz bands
Sistema Shyam, whose 21 licences were
cancelled by SC, was the lone applicant for
spectrum in 800 MHz
The Telecom secretary has said that Govt to
explore all options to see how spectrum can
be auctioned in the 1,800 and 900 MHz bands
One option is to reduce the reserve price as
industry has clearly indicated that the current
price is unviable
2.0 SUUTI'S SHARES NOT FORALL
The Cabinet in March 2012 cleared the winding
up of the Specified Undertaking of Unit Trust of
India (SUUTI) and the transfer of its assets
(11.5% stake in ITC, 23.6% in Axis Bank and
8.3% in L&T) to an asset management company.
The Finance Minister has said that the
government's "SUUTI shares" in three private
firms would not be sold through the competitive
bidding route.
3.0 NTPC,NHPCMAYFINDITTOUGHTOEXIT
NATIONALPOWEREXCHANGE
NTPC and NHPC could find it tough to pull out
of the yet-to-be-operational National Power
Exchange (NPX), with the other two
shareholders, Power Finance Corporation (PFC)
and Tata Consultancy Services (TCS), learnt to
be against their exit. NTPC recently announced
its decision to leave the project, saying the
proposed exchange was in viable, given the low
volume of exchange-traded electricity in the
country. NHPC followed suit.
4.0 RBI DIRECT BANKS TO IMPOSE LIMITS
ON GLOBAL CARD TRANSACTIONS
In order to check frauds, The Reserve Bank of
India (RBI) has asked banks to impose monetary
limit for international transactions on credit and
debit cards and refrain from issuing cards with
global access unless specifically sought by the
customer.
RBI has said that a monetary limit of $ 500 be
imposed by issuing bank on all global cards which
has not been used in the past.
5.0 BANKS PLAN TO EASE RECOMPENSE
CLAUSE FOR COs
Banks plan to ease the recompense clause for
companies that become profitable after debt
restructuring, as firms choose to stay in the
Corporate Debt Restructuring cell to enjoy lower
interest rates even after recovering to profits.
6.0 REVISED BANK DEPOSITRATES
Bank % p.a. Bank % p.a.
SBI 8.50% HDFC Bank 8.75%
PNB 9.00% ICICI Bank 7.50%
Axis Bank 8.50% BOB 9.00%
CitiBank 7.25% IDBI Bank 8.75%
BOI 9.00% Canara Bank 9.05%
CAPITAL MARKET
1.0 LISTEDCOMPANIESMUSTSEEKSEBINOD
FORALLM&ADEALS
Companies traded on stock exchanges will now
need the clearance of the capital market regulator
Securities & Exchange Board of India (SEBI) for
all merger, demerger and amalgamation deals. Till
now, companies could execute these strategies
by obtaining the approval of a high court and no-
objection certificate from exchanges.
The following has been instructed by SEBI to
companies before executing M&As & demerger:-
1. Include non-objection certificate of stock
exchanges in the letter sent to the shareholders
for approval.
2. Obtain the approval of at least two - third of
the minority shareholders.
3. Disclose the scheme valuation report of
independent Chartered Accountant(s) (CAs),
fairness opinion and audit committee on the
scheme for public scrutiny for 21 days.
2.0 OPEN OFFER WILL BE TRIGGERED IF
BUYING TOPS 5% IN A FISCAL
Stock market regulator Securities and Exchange
3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
EDITORIAL / CAPITAL MARKET
Contd............... from pg 1
INDIAN ECONOMY ......
EDITORIAL
of higher education and employable education
including technical training, vocational training and
high-end professional skills require much deeper
initiative and a larger framework of government led
institutions in addition to major thrust in private sector.
Research and Development
The private sector initiatives as well as the government
sector initiative in this field are lack luster. A major
initiative is mandatory for sustained high growth of
industrial sector, service sector as well as agricultural
sector.
The government announcement of their desire of
achieving a high level of inclusive growth is required
to be brought to deeds by policy initiatives. The
Financial sector, capital market as well as industrial
growth require a very comprehensive plan and their
seamless implementation. The dream of being the 3rd
largest economy in the world and to be reckoned as a
developed country will otherwise take much longer
time in getting accomplished.
SOME IMPORTANT TERMS IN THE
UNION BUDGET 2013-14
1. Fiscal Deficit
When a government's total expenditures exceed
the revenue that it generates (excluding money
from borrowings).
2. Current Account Deficit
Occurs when a country's total imports of goods,
services and transfers are greater than the country's
total export of goods, services and transfers. In
other words, the current account is simply a
measure of how much money is flowing out of
the country compared with how much is flowing
in from foreign sources.
3. Trade Deficit
An economic measure of a negative balance of trade
in which a country's imports exceeds its exports
4. Gross Domestic Product (GDP)
The total market value / monetary value of all the
finished goods and services produced within a
country's borders in a specific time period. GDP is
usually calculated on an annual basis. It includes
all of private and public consumption, government
outlays, investments and exports less imports that
occur within a defined territory.
GDP = C + G + I + NX
where:
"C" is equal to all private consumption, or consumer
spending, in a nation's economy
"G" is the sum of government spending
"I" is the sum of all the country's businesses spending
on capital
"NX" is the nation's total net exports, calculated as
total exports minus total imports. (NX = Exports -
Imports)
Board of India (SEBI) has said that the 5% for
creeping acquisition of shares by promoters
would be calculated on the basis of the shares
that exist at the end of the previous fiscal.
Any acquisition above five per cent in a financial
year by promoter group attracts open offer
obligation.
3.0 TRADING IN ILLIQUID SHARES ONLY
THRU PERIODIC CALLAUCTION: SEBI
The Securities and Exchange Board of India
(SEBI) has said that effective fromApril 1, illiquid
stocks would be traded only through the periodic
call auction mechanism on stock exchanges
instead of the existing order-driven system in the
normal market.
1. Call Auction in these stocks would be done
every one hour starting 9:30 a.m. on each
trading day.
2. Stocks having an average daily trading volume
of less than 10,000 shares with the average
daily number of trades of less than 50.
4.0 SEBI RESERVES 20% RESERVATION FOR
RETAILINVESTORSINIDRREDEMPTIONS
Market regulator Securities and Exchange Board
of India (SEBI) has said that reservation of 20
per cent will have to be made for retail investors
during conversion of Indian Depository Receipts
(IDRs) into underlying shares. Current regulations
allow partial fungibility of such instruments - in
4 THE CHARTERED ACCOUNTANT WORLD – March 2013
CAPITAL MARKET / CORPORATE AND ECONOMIC LAWS
CORPORATE AND ECONOMIC LAWS
1.0 XBRL FILING
The Ministry of Corporate Affairs (MCA) has
said that the time limit to file the financial
statements in the XBRL mode without any
additional fee/penalty has been extended up to
15th February 2013 or within 30 days from the
date of AGM of the company, whichever is later.
Circular Reference: General Circular no. 01/2013 dated
15.01.2013, www.mca.gov.in
2.0 MCA CLARIFIES ON DEBENTURE
REDEMPTIONRESERVE
The Ministry of Corporate Affairs (MCA) has
decided to clarify the adequacy of Debenture
Redemption Reserve (DRR) as under:-
1. ForAll India Financial Institutions (AIFIs) and
Banks: NIL
2. For Financial Institutions and NBFCs: 25%
of publicly issued debenture & NIL for others
3. Listed Companies: 25% of publicly issued
debentures and 25% on privately placed
debentures.
4. Unlisted Companies: 25% on privately placed
debentures
All companies are required to invest 15% of
debenture falling due in the year in specified
securities by 30th April each year.
Circular Reference: Circular no. 04/2013 dated 11.02.2013,
www.mca.gov.in
3.0 REINSTATEMENTNOTAUTOMATIC
The Supreme Court has said that a daily wage
earner is not entitled both to reinstatement and
back wages even if he had worked in an
establishment for more than 240 days
continuously. A wrongful termination did not
entitle a daily worker to automatic reinstatement
with other benefits. It depends on various factors
like the method of appointment, nature of
employment and length of service.
Assistant Engineer v/s Gitam Singh
4.0 DUALCLAIMS FOR COMPENSATION
The Supreme Court held that dependents of a
worker who dies in the course of employment
are entitled to compensation both under the
Workmen's Compensation Act and under the
Motor Vehicles Act, dismissing the appeal of
Oriental Insurance Company.
5.0 PRIOR USE OF TRADEMARK, A VALID
RIGHT IN ITSELFEVEN INTHEABSENCE
OFREGISTRATION
TheAllahabad High Court has held that a person
using a trademark for long cannot be upstaged
by an impostor even if such mark is not
registered.
Guru Kripa Manufacturing Pvt Ltd.v/s Duro Pipe Industries
Pvt Ltd
6.0 DRTAUCTION RULE MANDATORY
The Supreme Court has ruled that the provision
for deposit of 25 per cent of the purchase money
in an auction sale under the Debt Recovery Act
(DRT) is mandatory and the recovery officer
cannot relax it. According to the law, if there is a
default on this, the property shall be resold
immediately.
a financial year conversion to the extent of 25%
of the IDRs originally issued is permitted.
The issuer can either give the option of converting
IDRs into underlying shares or selling the
underlying shares in the foreign market or
both to the IDR holders. The periodicity for
fungibility has been fixed at least once every
quarter and the window would be open for at least
seven days.
5.0 SEBIALLOWS MUTUALFUNDS TO LEND
IDLE GOLD SUBJECT TO CEILING
Capital Market regulator Securities and Exchange
Board of India (SEBI) has said that gold mutual
funds can now invest in gold deposit schemes of
banks provided they limit investments to 20% of
total asset base of the scheme.
6.0 MCX-SX ANNOUNCES INCENTIVES TO
BOOST LIQUIDITY
MCX-SX has announced incentive schemes to
brokers, market makers and investors to improve
liquidity on its platform. The liquidity
enhancement scheme (market-making) in its
equity (cash) and equity derivatives segments
starts on March 6.
5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
CERTIFICATE COURSEBUDGET 2013 MINUTES / INDIRECT TAXATION
BUDGET 2013 MINUTES
1.0 INDIVIDUALS
Income tax slabs/rates: No change.
Exemptions will erode tax base.
Tax credit: ` 2,000 in lowest income slab up
to ` 5 lakh. Cost: ` 3,600 cr
Super-rich: 10% surcharge on taxable income
above ` 1 cr for one year
Home loans: Up to ` 25 lakh, additional interest
deduction of ` 100,000
TDS: 1% on value of the transfer of
immovable property over ` 50 lakh
Price of luxury: Duty hiked for imported
luxury cars, bikes and yachts
Costlier: Cigarettes, SUVs, marble, high-end
phones
2.0 STATEOFTHESTATE
Fiscal deficit: For 2013-14: 5.2%; For 2014-15,
estimated at 4.8%.
3.0 CORPORATES
Allowance of 15% for manufacturing
investment over ` 100 cr
Repatriation bait: Tax sop on dividends from
foreign subsidiary to local parent continues
with benefits in Dividend distribution tax
Withholding tax of 20% on profits of unlisted
cos given in dividend to shareholders via
buyback Royalty tax: Payouts for technical
services given to non-residents hiked to 25%
from 10%
No change in customs, excise & service tax;
amnesty scheme for service tax evaders
4.0 SOCIAL SECTOR
29% hike in Plan expenditure in 2013-14 over
Budgeted Expenditure of 2012-13
Exclusive bank for women; JNNURM
allocation doubled
Rural development to get ` 80,194 cr, up 46%;
flagship MGNREGS will get ` 33,000 cr
PMGSY will get ` 21,700 cr; IAY ` 15,184
cr; PMGSY-II to be rolled out
Additional ` 10,000 cr for food security, over
& above subsidy costs
Merged national health mission to get ` 21,239
cr, up 24.3%
` 65,867 cr for MHRD; ` 27,258 cr for Sarva
ShikshaAbhiyan
5.0 MARKETS
Pass-through status: For specified alternate
investment funds, angel investors registered
with SEBI
Cut in securities transaction tax: For equity
futures, redemptions of mutual funds,
exchange-traded funds
Commodities transaction tax: 0.01%, for
futures in non-farm commodities
Rajiv Gandhi Equity Savings Scheme
(RGESS): Opened to MFs as well as shares
for three years; Income cap at ` 12 lakh
Inflation-indexed bonds or inflation-indexed
national security certificates to protect savings
planned
INDIRECT TAXATION
1.0 SUPREME COURT DIRECTS FIATTO PAY
````` 311 CrAS EXCISE DUTY
The Supreme Court in its August verdict, while
setting aside the excise tribunal's order, had
directed the car maker to pay duty for Uno cars
sold at a price lower than the cost price to
penetrate the market. Upholding the department's
stand, the Supreme Court had clarified that central
excise duty was chargeable on manufacture or
production of goods and not only on sale price.
As per the judgment, Fiat will have to pay around
` 311 crore and Premier will pay more than ` 49
crore as outstanding excise duty.
2.0 E-REFUND OF TAXES FOR SERVICES
EXPORTERS
Infosys, TCS, Wipro and a slew of services
exporters will soon get electronic refunds of taxes
they pay on their inputs, a repeated demand from
the sector. The finance ministry is mulling a new
duty drawback scheme for services sector.
6 THE CHARTERED ACCOUNTANT WORLD – March 2013
INTERNATIONAL TAXATION / DIRECT TAXATION
DIRECT TAXATION
1.0 I-T DEPT TO QUESTION PAN HOLDERS
FORNOTFILLINGRETURNS
Tax authorities are set to crack down on those
not paying their due taxes and will soon send out
letters to about 35,000 individuals seeking to know
why they have not filed tax returns. The letter
sent to the PAN card holders contains the
summary of the information of financial
transactions along with a customized response
sheet and seeks to know whether the person had
filed his income tax return or not.
2.0 MAURITIUS OFFERS ZERO CUSTOMS
DUTY REGIME FOR INDIAN FIRMS
Mauritius has offered a zero customs duty regime
for Indian firms to gain easier access to European
Union and Africa. Mauritius has also agreed
to incorporate a limitation of benefit clause
in the tax treaty to curb abuse of the pact.
3.0 LATESTJUDGEMENTS
SECTION 92 READ WITH SECTION
271(1)(c):COMPUTATIONOFARMLENGTH
PRICE
TheAhmedabad ITATbench has held that where
INTERNATIONAL TAXATION
1.0 INDIA ENTERED IN NEW DTAA WITH
MALAYSIA
The agreement is effective from April 1, 2013
Dividends paid by Indian companies to
Malaysian investors or entities will attract a
lower withholding tax of 5 per cent against 10
per cent earlier
Addition of a benefit clause, an anti- abusive
provision
Provision of a new transfer pricing adjustment
avoiding double taxation
Introduction of a new article for taxing capital
gains from alienation of property
Introduction of the concept of service
permanent establishment with a threshold of
90 days within any 12-month period.
the assessing officer did not record any fining
that assessee failed to offer any information
relating to its international transactions, or
information provided was false, penalty order
passed by invoking Explanation 7 to Section
271(1)(c) was not sustainable.
Mastek Ltd. v/s DCIT, [2012] 27 taxmann.com 292
(Ahmedabad - Trib)
SECTION 92CA: COMPUTATION OFARM
LENGTHPRICE
The Bangalore ITAT bench has held that there
may be variations/difference in activities of both
assessee and comparables from year to year
requiring appropriate TP adjustment.
Toyota Kirloskar Motors (P) Ltd. v/s ACIT, [2012] 28
taxmann.com 293 (Bangalore - Trib).
The Bangalore ITAT bench has held that super
profit making companies and companies with
functional differences are to be excluded from
list of comparables while making transfer pricing
adjustment.
Google India (P) Ltd. v/s DCIT, [2013] 29 taxmann.com
412 (Bangalore- Tribunal)
The Bangalore ITAT bench has held that TP
provisions do not require TPO to establish a
motive of transferring profits out of India prior to
finding out as to whether assessee's inter-national
transactions are at arm's length or not.
24/7 Customer.com (P.) Ltd. v/s DCIT, [2012] 28
taxmann.com 258 (Bangalore- Trib.)
SECTION 10(23C): EXEMPTION TO
CHARITABLE AND EDUCATIONAL
INSTITUTIONS
The Bombay High Court has held that an
incidental surplus which is utilized to upgrade
library facilities of a college can't deprive the
college of exemption under section 10(23C). Such
incidental surplus doesn't mean that the college
exists for the purposes of profit
Tolani Education Society v/s Dy. Director of Income-tax
(Exemptions) - I(2), Mumbai, [2013] 30 taxmann.com
165 (Bombay)
The Agra ITAT bench has held that where
assessee- institution did not exist solely for
educational purpose and, moreover, donations
received by it exceeded prescribed monetary limit
of ` 1 crore, its claim for exemption under section
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 ($) 0.51 0.29 0.31 0.41
3 Month MIBOR (`````) 9.48 8.96 8.72 8.87
SENSEX 19683 19484.77 19355 17767
NIFTY 5946 5903.5 5888 5364
CRR 4 4 4.25 4.75
REPO 7.75 7.75 8 8
REVERSE REPO 6.75 6.75 7 7
Gold (per 10 gm) 29345 30815 30886 31951
Silver (per kg) 54855 58246 60699 62065
Crude (USD/bbl) 110.85 118.90 108.01 114.81
Rs. vs USD 54.40 53.57 54.23 55.52
Rs. vs Euro 71.24 71.79 70.94 70.85
Rs. vs Yen (````` 100) 57.06 57.42 64.86 70.99
Rs. vs RMB 8.71 8.61 8.70 8.75
Rs. vs Pound 81.57 84.25 87.53 88.85
MCX Aluminium 104.80 110.70 115.45 114.00
MCX Copper 420.85 444.00 444.60 450.00
*As on 10th March 2013 (Sources: Bloomberg, NSE, BSE, RBI, MCX)
10(23C) (iiiad) was to be rejected.
Manas sewa samiti v/s Addl. CIT, [2012] 28 taxmann.com
265 (Agra- Trib)
SECTION 35(2AB)(1): DEDUCTIONS FOR
SCIENTIFICRESARCHEXPENDITURE
The Ahmedabad ITAT bench has held that
explanation to Section 35(2AB)(1) does not
require that the expenses which are included in
this explanation are essentially to be incurred
inside an in-house research facility because it is
not possible to incur these expenses inside in-
house research facility.
Cadila Healthcare Ltd v/s ACIT, Range - I, Ahmedabad,
[2013] 29 taxmann.com 229 (Ahmd. - Trib.)
SECTION 32: DEPRECIATION
The Mumbai ITAT bench has held that
depreciation is not an outgoing expenditure but a
statutory deduction. Therefore, the provisions of
section 40(a)(i) are not attracted on such
deduction.
SKOL Breweries Ltd. v/s ACIT, Range 8(3), Mumbai, [2013]
29 taxmann.com 111 (Mumbai - Trib.)
The Supreme Court has held that where
assessee, engaged in business of hire purchase &
leasing, having purchased vehicles from
manufacturers, leased out those vehicles to
customers, it was entitled to claim deprecia-tion
in respect of vehicles so leased out.
I.C.D.S. Ltd. v/s CIT, Mysore,[2013]29 taxmann.com 129 (SC)
The Delhi ITAT bench has held that where
Assessing Officer had allowed depreciation on
assets in question in previous assessment year,
in absence of any change in facts, depreciation
on said assets could not be disallowed in
subsequent years.
ACIT, Circle -12(1) v/s Hindustan Fertiliser Corpn. Ltd.,
[2013] 30 taxmann.com 221 (Delhi - Trib.)
SECTION 194C, READ WITH SECTION
40(a)(ia): TDS ON CONTRACTOR
The Hyderabad ITAT bench has held that mere
providing of machinery on hire without any
manpower cannot be termed as carrying out of
any work by plant and machinery owners and,
thus, no tax is required to be deducted under
section 194C.
ACIT, Circle 5(1) v/s Kiran Constructions, [2013] 30
taxmann.com 235 (Hyderabad - Trib.)
SECTION 50C: SLUMP SALE
The Mumbai ITAT bench has held that where
assessee, a shareholder of KMPL, along with other
shareholders sold entire shares of KMPL to 'R',
it could not be regarded as an indirect transfer of
flats owned by KMPL to 'R' and, consequently,
provisions of section 50C could not be applied to
transaction of sale of shares.
Irfan Abdul Kader Fazlani v/s ACIT, Central Circle-44,
Mumbai, [2013]29 taxmann.com 424(Mum. - Trib.)
SECTION 2(22): DEEMED DIVIDEND
The Mumbai ITAT bench has held that where
assessee having more than 10% shares in a
company received from it and lending of money
was a substantial part of business of said comp-
any and loan was made by it in ordinary course
of its business, amount of loan could not be
regarded as deemed dividend in hands of assessee.
Jayant H. Modi v/s Jt. CIT, [2012] 28 taxmann.com 252
(Mumbai Trib)
SECTION 220: COLLECTION AND
RECOVERYOFTAX
The Kerala High Court has held that where
assessee did not satisfy conditions specified in
section 220(2A), waiver of interest could not be
granted.
K.C. Mohanan v/s Chief Commissioner of Income-tax,
[2013] 30 taxmann.com 376 (Kerala).
8 THE CHARTERED ACCOUNTANT WORLD – March 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
MARCH, 2013
R.N.I. No. 50796/90
Posting Date: 14/15 March, 2013
Registration No. DL(c)-01/1268/2012-14
Licenced to post without prepayment No. U-(C)-82/2012-14
INSURANCE
1.0 IRDA ALLOWS HIGHER EQUITY
INVESTMENT FOR INSURANCE COs
The Insurance Regulatory and Development
Authority (IRDA) has allowed insurance companies
to increase their equity holding in companies by up
to 15%, from 10% earlier. The regulator said insurers
can pick up stakes of up to 12% or 15% in a company,
depending on the size of their controlled fund.
2.0 T S VIJAYAN TAKES OVERAS IRDA CHIEF
Former LIC chief T S Vijayan took over as the
chairman of the IRDA. Vijayan succeeds J Hari
Narayan.
ICAI
1.0 ICAI RECOMMENDS NEW IFRS ROAD-MAP
ICAI recommendatons, if accepted by the Ministry
of Corporate Affairs (MCA), companies with a net
worth of over ` 1,000 crore will have to adopt
International Financial Reporting Standards (IFRS)
from April 1, 2015 for preparing their financial
statements. For companies with net worth of ` 500-
1,000 crore, the recommended date is April 1, 2016.
For all other companies (including listed ones), the
recommended date is April 1, 2017.
ICAI has already prepared Indian accounting
standards (IndAS) that converged with International
Financial Reporting Standards (IFRS).

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INDIAN ECONOMY AND THE CHALLENGES

  • 1. Volume XXIV, No. 03, March, 2013 The Union Budget was presented on 28th February, 2013 in the Parliament. It was being touted as a good mix of growth and reform. The major challenges outlined by the Economic Survey, RBI as well as by the FM were in respect of consi- derably reduced estimated growth of GDP, increase in fiscal deficit, mounting current account deficit and high inflation rate. The FM expressed his concern on lower GDP growth that was estimated between 5%-5.5%, which is much below India's potential growth rate of 8% and narrated that getting back to that growth rate is the major challenge which the country is facing. The FM has plans to restrict fiscal deficit by restricting government spending and cutting subsidies. He has plans to control current account deficit by inviting FDI, FII and ECB. The plan allocation for different sectors was covered in detail in the budget speech of the FM. The various tax proposals and policy initiatives were also announced. There is a need to analyze areas of major concern and to consider appropriate initiative at the level of government and all other stake holders to achieve the desired results Power Sector The power sector is the biggest sufferer of lukewarm policy initiatives and the absence of strong initiative on the fronts of coal linkages and financial closure. A large number of projects are incomplete, or stuck at advanced stage of implementation, due to poor availability of funds and apprehension among lenders about future of the power sector. State level electricity distribution and transmission companies are bleeding and have substantial dues to be paid to various power producers. INDIAN ECONOMY AND THE CHALLENGES Contd............... on pg 3 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 Infrastructure The Infrastructure Sector consisting of roads, housing and urban development as well as rural infrastructure development have also faced new challenges in the absence of adequate policy initiative and the problems being faced by BOOT or public private partnership models. The National Highway Authority of India have also developed several contentious issues with various road developers, which have resulted into slow completion of projects, delay in financial closure or disbursement and similar other issues. Port Development The development of ports by the government as well as under the PPP model has suffered due to security concern and policy bugs. Telecom Telecom sector latest round of 2G auction failed miserably, in the absence of response, due to heavy reserved price. Even the 3G licenses have not been made fully operational due to heavy license fee payable to the government. The expectation of the government to earn Rs. 40 to 50 thousand crores per annum as license fee from the telecom sector is resulting into a heavy financial burden on the sector creating price pressure and is affecting the growth. Watershed Development and Irrigation The government has not been able to initiate any major watershed development program, river linkage program or other irrigation projects except minor plan allocation, without any visionary plan for a galloping growth of agriculture and water supply. Education Although the allocation to education sector has been increased significantly, the need of Indian society in respect EDITORIAL
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD – March 2013 LATEST IN FINANCE / CAPITAL MARKET LATEST IN FINANCE 1.0 SPECTRUMAUCTIONFAILED Not a single GSM operator applied to participate in the auction of spectrum in the 900 and 1,800 MHz bands Sistema Shyam, whose 21 licences were cancelled by SC, was the lone applicant for spectrum in 800 MHz The Telecom secretary has said that Govt to explore all options to see how spectrum can be auctioned in the 1,800 and 900 MHz bands One option is to reduce the reserve price as industry has clearly indicated that the current price is unviable 2.0 SUUTI'S SHARES NOT FORALL The Cabinet in March 2012 cleared the winding up of the Specified Undertaking of Unit Trust of India (SUUTI) and the transfer of its assets (11.5% stake in ITC, 23.6% in Axis Bank and 8.3% in L&T) to an asset management company. The Finance Minister has said that the government's "SUUTI shares" in three private firms would not be sold through the competitive bidding route. 3.0 NTPC,NHPCMAYFINDITTOUGHTOEXIT NATIONALPOWEREXCHANGE NTPC and NHPC could find it tough to pull out of the yet-to-be-operational National Power Exchange (NPX), with the other two shareholders, Power Finance Corporation (PFC) and Tata Consultancy Services (TCS), learnt to be against their exit. NTPC recently announced its decision to leave the project, saying the proposed exchange was in viable, given the low volume of exchange-traded electricity in the country. NHPC followed suit. 4.0 RBI DIRECT BANKS TO IMPOSE LIMITS ON GLOBAL CARD TRANSACTIONS In order to check frauds, The Reserve Bank of India (RBI) has asked banks to impose monetary limit for international transactions on credit and debit cards and refrain from issuing cards with global access unless specifically sought by the customer. RBI has said that a monetary limit of $ 500 be imposed by issuing bank on all global cards which has not been used in the past. 5.0 BANKS PLAN TO EASE RECOMPENSE CLAUSE FOR COs Banks plan to ease the recompense clause for companies that become profitable after debt restructuring, as firms choose to stay in the Corporate Debt Restructuring cell to enjoy lower interest rates even after recovering to profits. 6.0 REVISED BANK DEPOSITRATES Bank % p.a. Bank % p.a. SBI 8.50% HDFC Bank 8.75% PNB 9.00% ICICI Bank 7.50% Axis Bank 8.50% BOB 9.00% CitiBank 7.25% IDBI Bank 8.75% BOI 9.00% Canara Bank 9.05% CAPITAL MARKET 1.0 LISTEDCOMPANIESMUSTSEEKSEBINOD FORALLM&ADEALS Companies traded on stock exchanges will now need the clearance of the capital market regulator Securities & Exchange Board of India (SEBI) for all merger, demerger and amalgamation deals. Till now, companies could execute these strategies by obtaining the approval of a high court and no- objection certificate from exchanges. The following has been instructed by SEBI to companies before executing M&As & demerger:- 1. Include non-objection certificate of stock exchanges in the letter sent to the shareholders for approval. 2. Obtain the approval of at least two - third of the minority shareholders. 3. Disclose the scheme valuation report of independent Chartered Accountant(s) (CAs), fairness opinion and audit committee on the scheme for public scrutiny for 21 days. 2.0 OPEN OFFER WILL BE TRIGGERED IF BUYING TOPS 5% IN A FISCAL Stock market regulator Securities and Exchange
  • 3. 3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY EDITORIAL / CAPITAL MARKET Contd............... from pg 1 INDIAN ECONOMY ...... EDITORIAL of higher education and employable education including technical training, vocational training and high-end professional skills require much deeper initiative and a larger framework of government led institutions in addition to major thrust in private sector. Research and Development The private sector initiatives as well as the government sector initiative in this field are lack luster. A major initiative is mandatory for sustained high growth of industrial sector, service sector as well as agricultural sector. The government announcement of their desire of achieving a high level of inclusive growth is required to be brought to deeds by policy initiatives. The Financial sector, capital market as well as industrial growth require a very comprehensive plan and their seamless implementation. The dream of being the 3rd largest economy in the world and to be reckoned as a developed country will otherwise take much longer time in getting accomplished. SOME IMPORTANT TERMS IN THE UNION BUDGET 2013-14 1. Fiscal Deficit When a government's total expenditures exceed the revenue that it generates (excluding money from borrowings). 2. Current Account Deficit Occurs when a country's total imports of goods, services and transfers are greater than the country's total export of goods, services and transfers. In other words, the current account is simply a measure of how much money is flowing out of the country compared with how much is flowing in from foreign sources. 3. Trade Deficit An economic measure of a negative balance of trade in which a country's imports exceeds its exports 4. Gross Domestic Product (GDP) The total market value / monetary value of all the finished goods and services produced within a country's borders in a specific time period. GDP is usually calculated on an annual basis. It includes all of private and public consumption, government outlays, investments and exports less imports that occur within a defined territory. GDP = C + G + I + NX where: "C" is equal to all private consumption, or consumer spending, in a nation's economy "G" is the sum of government spending "I" is the sum of all the country's businesses spending on capital "NX" is the nation's total net exports, calculated as total exports minus total imports. (NX = Exports - Imports) Board of India (SEBI) has said that the 5% for creeping acquisition of shares by promoters would be calculated on the basis of the shares that exist at the end of the previous fiscal. Any acquisition above five per cent in a financial year by promoter group attracts open offer obligation. 3.0 TRADING IN ILLIQUID SHARES ONLY THRU PERIODIC CALLAUCTION: SEBI The Securities and Exchange Board of India (SEBI) has said that effective fromApril 1, illiquid stocks would be traded only through the periodic call auction mechanism on stock exchanges instead of the existing order-driven system in the normal market. 1. Call Auction in these stocks would be done every one hour starting 9:30 a.m. on each trading day. 2. Stocks having an average daily trading volume of less than 10,000 shares with the average daily number of trades of less than 50. 4.0 SEBI RESERVES 20% RESERVATION FOR RETAILINVESTORSINIDRREDEMPTIONS Market regulator Securities and Exchange Board of India (SEBI) has said that reservation of 20 per cent will have to be made for retail investors during conversion of Indian Depository Receipts (IDRs) into underlying shares. Current regulations allow partial fungibility of such instruments - in
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD – March 2013 CAPITAL MARKET / CORPORATE AND ECONOMIC LAWS CORPORATE AND ECONOMIC LAWS 1.0 XBRL FILING The Ministry of Corporate Affairs (MCA) has said that the time limit to file the financial statements in the XBRL mode without any additional fee/penalty has been extended up to 15th February 2013 or within 30 days from the date of AGM of the company, whichever is later. Circular Reference: General Circular no. 01/2013 dated 15.01.2013, www.mca.gov.in 2.0 MCA CLARIFIES ON DEBENTURE REDEMPTIONRESERVE The Ministry of Corporate Affairs (MCA) has decided to clarify the adequacy of Debenture Redemption Reserve (DRR) as under:- 1. ForAll India Financial Institutions (AIFIs) and Banks: NIL 2. For Financial Institutions and NBFCs: 25% of publicly issued debenture & NIL for others 3. Listed Companies: 25% of publicly issued debentures and 25% on privately placed debentures. 4. Unlisted Companies: 25% on privately placed debentures All companies are required to invest 15% of debenture falling due in the year in specified securities by 30th April each year. Circular Reference: Circular no. 04/2013 dated 11.02.2013, www.mca.gov.in 3.0 REINSTATEMENTNOTAUTOMATIC The Supreme Court has said that a daily wage earner is not entitled both to reinstatement and back wages even if he had worked in an establishment for more than 240 days continuously. A wrongful termination did not entitle a daily worker to automatic reinstatement with other benefits. It depends on various factors like the method of appointment, nature of employment and length of service. Assistant Engineer v/s Gitam Singh 4.0 DUALCLAIMS FOR COMPENSATION The Supreme Court held that dependents of a worker who dies in the course of employment are entitled to compensation both under the Workmen's Compensation Act and under the Motor Vehicles Act, dismissing the appeal of Oriental Insurance Company. 5.0 PRIOR USE OF TRADEMARK, A VALID RIGHT IN ITSELFEVEN INTHEABSENCE OFREGISTRATION TheAllahabad High Court has held that a person using a trademark for long cannot be upstaged by an impostor even if such mark is not registered. Guru Kripa Manufacturing Pvt Ltd.v/s Duro Pipe Industries Pvt Ltd 6.0 DRTAUCTION RULE MANDATORY The Supreme Court has ruled that the provision for deposit of 25 per cent of the purchase money in an auction sale under the Debt Recovery Act (DRT) is mandatory and the recovery officer cannot relax it. According to the law, if there is a default on this, the property shall be resold immediately. a financial year conversion to the extent of 25% of the IDRs originally issued is permitted. The issuer can either give the option of converting IDRs into underlying shares or selling the underlying shares in the foreign market or both to the IDR holders. The periodicity for fungibility has been fixed at least once every quarter and the window would be open for at least seven days. 5.0 SEBIALLOWS MUTUALFUNDS TO LEND IDLE GOLD SUBJECT TO CEILING Capital Market regulator Securities and Exchange Board of India (SEBI) has said that gold mutual funds can now invest in gold deposit schemes of banks provided they limit investments to 20% of total asset base of the scheme. 6.0 MCX-SX ANNOUNCES INCENTIVES TO BOOST LIQUIDITY MCX-SX has announced incentive schemes to brokers, market makers and investors to improve liquidity on its platform. The liquidity enhancement scheme (market-making) in its equity (cash) and equity derivatives segments starts on March 6.
  • 5. 5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY CERTIFICATE COURSEBUDGET 2013 MINUTES / INDIRECT TAXATION BUDGET 2013 MINUTES 1.0 INDIVIDUALS Income tax slabs/rates: No change. Exemptions will erode tax base. Tax credit: ` 2,000 in lowest income slab up to ` 5 lakh. Cost: ` 3,600 cr Super-rich: 10% surcharge on taxable income above ` 1 cr for one year Home loans: Up to ` 25 lakh, additional interest deduction of ` 100,000 TDS: 1% on value of the transfer of immovable property over ` 50 lakh Price of luxury: Duty hiked for imported luxury cars, bikes and yachts Costlier: Cigarettes, SUVs, marble, high-end phones 2.0 STATEOFTHESTATE Fiscal deficit: For 2013-14: 5.2%; For 2014-15, estimated at 4.8%. 3.0 CORPORATES Allowance of 15% for manufacturing investment over ` 100 cr Repatriation bait: Tax sop on dividends from foreign subsidiary to local parent continues with benefits in Dividend distribution tax Withholding tax of 20% on profits of unlisted cos given in dividend to shareholders via buyback Royalty tax: Payouts for technical services given to non-residents hiked to 25% from 10% No change in customs, excise & service tax; amnesty scheme for service tax evaders 4.0 SOCIAL SECTOR 29% hike in Plan expenditure in 2013-14 over Budgeted Expenditure of 2012-13 Exclusive bank for women; JNNURM allocation doubled Rural development to get ` 80,194 cr, up 46%; flagship MGNREGS will get ` 33,000 cr PMGSY will get ` 21,700 cr; IAY ` 15,184 cr; PMGSY-II to be rolled out Additional ` 10,000 cr for food security, over & above subsidy costs Merged national health mission to get ` 21,239 cr, up 24.3% ` 65,867 cr for MHRD; ` 27,258 cr for Sarva ShikshaAbhiyan 5.0 MARKETS Pass-through status: For specified alternate investment funds, angel investors registered with SEBI Cut in securities transaction tax: For equity futures, redemptions of mutual funds, exchange-traded funds Commodities transaction tax: 0.01%, for futures in non-farm commodities Rajiv Gandhi Equity Savings Scheme (RGESS): Opened to MFs as well as shares for three years; Income cap at ` 12 lakh Inflation-indexed bonds or inflation-indexed national security certificates to protect savings planned INDIRECT TAXATION 1.0 SUPREME COURT DIRECTS FIATTO PAY ````` 311 CrAS EXCISE DUTY The Supreme Court in its August verdict, while setting aside the excise tribunal's order, had directed the car maker to pay duty for Uno cars sold at a price lower than the cost price to penetrate the market. Upholding the department's stand, the Supreme Court had clarified that central excise duty was chargeable on manufacture or production of goods and not only on sale price. As per the judgment, Fiat will have to pay around ` 311 crore and Premier will pay more than ` 49 crore as outstanding excise duty. 2.0 E-REFUND OF TAXES FOR SERVICES EXPORTERS Infosys, TCS, Wipro and a slew of services exporters will soon get electronic refunds of taxes they pay on their inputs, a repeated demand from the sector. The finance ministry is mulling a new duty drawback scheme for services sector.
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD – March 2013 INTERNATIONAL TAXATION / DIRECT TAXATION DIRECT TAXATION 1.0 I-T DEPT TO QUESTION PAN HOLDERS FORNOTFILLINGRETURNS Tax authorities are set to crack down on those not paying their due taxes and will soon send out letters to about 35,000 individuals seeking to know why they have not filed tax returns. The letter sent to the PAN card holders contains the summary of the information of financial transactions along with a customized response sheet and seeks to know whether the person had filed his income tax return or not. 2.0 MAURITIUS OFFERS ZERO CUSTOMS DUTY REGIME FOR INDIAN FIRMS Mauritius has offered a zero customs duty regime for Indian firms to gain easier access to European Union and Africa. Mauritius has also agreed to incorporate a limitation of benefit clause in the tax treaty to curb abuse of the pact. 3.0 LATESTJUDGEMENTS SECTION 92 READ WITH SECTION 271(1)(c):COMPUTATIONOFARMLENGTH PRICE TheAhmedabad ITATbench has held that where INTERNATIONAL TAXATION 1.0 INDIA ENTERED IN NEW DTAA WITH MALAYSIA The agreement is effective from April 1, 2013 Dividends paid by Indian companies to Malaysian investors or entities will attract a lower withholding tax of 5 per cent against 10 per cent earlier Addition of a benefit clause, an anti- abusive provision Provision of a new transfer pricing adjustment avoiding double taxation Introduction of a new article for taxing capital gains from alienation of property Introduction of the concept of service permanent establishment with a threshold of 90 days within any 12-month period. the assessing officer did not record any fining that assessee failed to offer any information relating to its international transactions, or information provided was false, penalty order passed by invoking Explanation 7 to Section 271(1)(c) was not sustainable. Mastek Ltd. v/s DCIT, [2012] 27 taxmann.com 292 (Ahmedabad - Trib) SECTION 92CA: COMPUTATION OFARM LENGTHPRICE The Bangalore ITAT bench has held that there may be variations/difference in activities of both assessee and comparables from year to year requiring appropriate TP adjustment. Toyota Kirloskar Motors (P) Ltd. v/s ACIT, [2012] 28 taxmann.com 293 (Bangalore - Trib). The Bangalore ITAT bench has held that super profit making companies and companies with functional differences are to be excluded from list of comparables while making transfer pricing adjustment. Google India (P) Ltd. v/s DCIT, [2013] 29 taxmann.com 412 (Bangalore- Tribunal) The Bangalore ITAT bench has held that TP provisions do not require TPO to establish a motive of transferring profits out of India prior to finding out as to whether assessee's inter-national transactions are at arm's length or not. 24/7 Customer.com (P.) Ltd. v/s DCIT, [2012] 28 taxmann.com 258 (Bangalore- Trib.) SECTION 10(23C): EXEMPTION TO CHARITABLE AND EDUCATIONAL INSTITUTIONS The Bombay High Court has held that an incidental surplus which is utilized to upgrade library facilities of a college can't deprive the college of exemption under section 10(23C). Such incidental surplus doesn't mean that the college exists for the purposes of profit Tolani Education Society v/s Dy. Director of Income-tax (Exemptions) - I(2), Mumbai, [2013] 30 taxmann.com 165 (Bombay) The Agra ITAT bench has held that where assessee- institution did not exist solely for educational purpose and, moreover, donations received by it exceeded prescribed monetary limit of ` 1 crore, its claim for exemption under section
  • 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 ($) 0.51 0.29 0.31 0.41 3 Month MIBOR (`````) 9.48 8.96 8.72 8.87 SENSEX 19683 19484.77 19355 17767 NIFTY 5946 5903.5 5888 5364 CRR 4 4 4.25 4.75 REPO 7.75 7.75 8 8 REVERSE REPO 6.75 6.75 7 7 Gold (per 10 gm) 29345 30815 30886 31951 Silver (per kg) 54855 58246 60699 62065 Crude (USD/bbl) 110.85 118.90 108.01 114.81 Rs. vs USD 54.40 53.57 54.23 55.52 Rs. vs Euro 71.24 71.79 70.94 70.85 Rs. vs Yen (````` 100) 57.06 57.42 64.86 70.99 Rs. vs RMB 8.71 8.61 8.70 8.75 Rs. vs Pound 81.57 84.25 87.53 88.85 MCX Aluminium 104.80 110.70 115.45 114.00 MCX Copper 420.85 444.00 444.60 450.00 *As on 10th March 2013 (Sources: Bloomberg, NSE, BSE, RBI, MCX) 10(23C) (iiiad) was to be rejected. Manas sewa samiti v/s Addl. CIT, [2012] 28 taxmann.com 265 (Agra- Trib) SECTION 35(2AB)(1): DEDUCTIONS FOR SCIENTIFICRESARCHEXPENDITURE The Ahmedabad ITAT bench has held that explanation to Section 35(2AB)(1) does not require that the expenses which are included in this explanation are essentially to be incurred inside an in-house research facility because it is not possible to incur these expenses inside in- house research facility. Cadila Healthcare Ltd v/s ACIT, Range - I, Ahmedabad, [2013] 29 taxmann.com 229 (Ahmd. - Trib.) SECTION 32: DEPRECIATION The Mumbai ITAT bench has held that depreciation is not an outgoing expenditure but a statutory deduction. Therefore, the provisions of section 40(a)(i) are not attracted on such deduction. SKOL Breweries Ltd. v/s ACIT, Range 8(3), Mumbai, [2013] 29 taxmann.com 111 (Mumbai - Trib.) The Supreme Court has held that where assessee, engaged in business of hire purchase & leasing, having purchased vehicles from manufacturers, leased out those vehicles to customers, it was entitled to claim deprecia-tion in respect of vehicles so leased out. I.C.D.S. Ltd. v/s CIT, Mysore,[2013]29 taxmann.com 129 (SC) The Delhi ITAT bench has held that where Assessing Officer had allowed depreciation on assets in question in previous assessment year, in absence of any change in facts, depreciation on said assets could not be disallowed in subsequent years. ACIT, Circle -12(1) v/s Hindustan Fertiliser Corpn. Ltd., [2013] 30 taxmann.com 221 (Delhi - Trib.) SECTION 194C, READ WITH SECTION 40(a)(ia): TDS ON CONTRACTOR The Hyderabad ITAT bench has held that mere providing of machinery on hire without any manpower cannot be termed as carrying out of any work by plant and machinery owners and, thus, no tax is required to be deducted under section 194C. ACIT, Circle 5(1) v/s Kiran Constructions, [2013] 30 taxmann.com 235 (Hyderabad - Trib.) SECTION 50C: SLUMP SALE The Mumbai ITAT bench has held that where assessee, a shareholder of KMPL, along with other shareholders sold entire shares of KMPL to 'R', it could not be regarded as an indirect transfer of flats owned by KMPL to 'R' and, consequently, provisions of section 50C could not be applied to transaction of sale of shares. Irfan Abdul Kader Fazlani v/s ACIT, Central Circle-44, Mumbai, [2013]29 taxmann.com 424(Mum. - Trib.) SECTION 2(22): DEEMED DIVIDEND The Mumbai ITAT bench has held that where assessee having more than 10% shares in a company received from it and lending of money was a substantial part of business of said comp- any and loan was made by it in ordinary course of its business, amount of loan could not be regarded as deemed dividend in hands of assessee. Jayant H. Modi v/s Jt. CIT, [2012] 28 taxmann.com 252 (Mumbai Trib) SECTION 220: COLLECTION AND RECOVERYOFTAX The Kerala High Court has held that where assessee did not satisfy conditions specified in section 220(2A), waiver of interest could not be granted. K.C. Mohanan v/s Chief Commissioner of Income-tax, [2013] 30 taxmann.com 376 (Kerala).
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD – March 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 MARCH, 2013 R.N.I. No. 50796/90 Posting Date: 14/15 March, 2013 Registration No. DL(c)-01/1268/2012-14 Licenced to post without prepayment No. U-(C)-82/2012-14 INSURANCE 1.0 IRDA ALLOWS HIGHER EQUITY INVESTMENT FOR INSURANCE COs The Insurance Regulatory and Development Authority (IRDA) has allowed insurance companies to increase their equity holding in companies by up to 15%, from 10% earlier. The regulator said insurers can pick up stakes of up to 12% or 15% in a company, depending on the size of their controlled fund. 2.0 T S VIJAYAN TAKES OVERAS IRDA CHIEF Former LIC chief T S Vijayan took over as the chairman of the IRDA. Vijayan succeeds J Hari Narayan. ICAI 1.0 ICAI RECOMMENDS NEW IFRS ROAD-MAP ICAI recommendatons, if accepted by the Ministry of Corporate Affairs (MCA), companies with a net worth of over ` 1,000 crore will have to adopt International Financial Reporting Standards (IFRS) from April 1, 2015 for preparing their financial statements. For companies with net worth of ` 500- 1,000 crore, the recommended date is April 1, 2016. For all other companies (including listed ones), the recommended date is April 1, 2017. ICAI has already prepared Indian accounting standards (IndAS) that converged with International Financial Reporting Standards (IFRS).