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EDITORIAL
* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004
contd......Pg.3
Celebrating 25 Years of Glorious Publishing
CAVinod Jain*
The Chartered Accountants
community of Auditors is being
exposed to new challenges and
expectations while they are finalizing
audits for the Financial Year ending
March 31, 2015. The new provisions
will ensure that all the serious and
committed professional Chartered
Accountants gain substantially as the
value of the Audit Report and its
credibility will be much higher in the light of new
responsibilities and Corporate Governance Mechanism.
Auditors' Appointment: The Auditors have been
appointed for the period of five years. Auditors
cannot be removed during this period without the
approval of Central Government, providing
necessary strength to independence, paving way
for excellence, effectiveness and efficiency in
Audit.
Audit Report: Auditors are required to additionally
report on the observations or comments on financial
transactions or matters which have any adverse effect
on the functioning of the companies, including any
qualification, reservation or adverse remarks relating
to maintenance of accounts and other connected
matters. As per ICAI guidance, the Auditors need to
report on these aspects in relation to Auditor's
Qualification, Modification, Disclaimer and Emphasis
of matter paragraph. The Auditors shall also report on
Volume XXVI, No. 05, May, 2015
AUDITING - CHANGING LANDSCAPES
disclosure of impact of pending litigation in the financial
statement, provision of foreseeable losses on long term
contracts including Derivative contracts beside delay
in transfer to Investor Education Fund.
Adequacy of Internal Financial Control: The
Auditors are also required to comment on the adequacy
of Internal Financial Control System and whether the
controls are operating effectively. This reporting is
mandatory w.e.f Financial Year 2015-2016 and is
voluntary in current reporting. It will be important for
auditors to ensure that the internal control system is
documented in writing and written delegation of
powers are in place in respect of all the major financial
transaction including purchases, sales, revenue, assets
and liabilities as per internal control framework.
CARO 2015: The new requirement of CARO has
been notified on MCA website and the requirements
are more focused and specific.
Business Relationship: Auditors are now prohibited
to have any business relationship with the company
or its subsidiary company or its associate company
or its holding company. This will necessitate that the
auditors or their related parties do not undertake any
other business transaction or relation with Auditee
Group.
Restriction on Non Audit Services: The Auditors
cannot offer Non Audit Services as defined and
prescribed in the New Companies Act and rules made
thereunder,Accounting/Internal Audit, Financial
2
THE CHARTERED ACCOUNTANT WORLD
MAY 2015
LATEST IN FINANCE
2
2.0 India Inc will soon get to issue ` bonds abroad
Given global investors' appetite for Indian debt,
the Reserve Bank of India is planning to allow
India Inc to issue rupee-denominated bonds in
overseas markets.
"We are going to open up the possibility of Indian
corporations issuing rupee bonds abroad. We are
going to allow large corporations to issue abroad
so that the paper can be traded abroad," said RBI
Governor.
3.0 NHAI & IRFC get nod to raise ` 30,000 Crore
The Finance Ministry has mandated National
Highway Authority of India (NHAI) and Indian
Railways Finance Corporation (IRFC) to raise `
24,000 crore and ` 6,000 crore, respectively, by
selling tax-free bonds. The ministry has given its
in principle approval to NHAI and IRFC, but the
green light may include a clause that issuers, after
raising funds, have to lend to respective sectors
below the bank rates (base rates).
4.0 SEBI ready to give Venture Capital funds
more headroom to invest abroad
The Securities and Exchange Board of India
proposed to allow Venture Capital Funds to invest
up to 25 per cent of their investible funds in
foreign companies that have 'Indian connection'.
Currently, the cap is fixed at 10 per cent.
5.0 Environment Ministry simplifies
Measurement of Pollution in Industrial
Clusters
The Government has simplified the measurement
of pollution in industrial clusters. The
environment ministry, with the full backing of
the states, has tweaked the Comprehensive
Environmental Pollution Index (CEPI). It has a
maximum composite score of 100. The two
parameters have been dropped -adverse impact
of pollutants on human health and Environmental
Degradation.
6.0 Industrial License validity extended to Seven
Years
In a big boost to the 'Make in India' initiative in
the defence sector, the government has extended
the initial validity of industrial licences to seven
years from three, keeping in mind the long
gestation period of defence contracts.
7.0 Banks can now pay higher rates for Deposits
without Premature Withdrawal Option
While all term deposits of individuals (held singly
or jointly) of `15 Lakh and below should
necessarily have premature withdrawal facility.
All term deposits above this amount banks can
now offer 'the without premature withdrawal'
option with differential rates.
8.0 RBI spares banks from classifying as NPAs
for two more years
Reserve Bank of India allowed banks to extend
the deadline for Date of Commencement of
Commercial Operations (DCCO) of stalled
projects, which have been taken over by new
promoters, by upto two years. The RBI said that
revisions of the date of DCCO and the
consequential shift in the repayment schedule for
two years or shorter duration will not be treated
as restructuring. RBI said new promoters should
own at least 51% of the paid up equity capital in
the acquired project. If the new promoter is a
non-resident and in sectors where the ceiling on
foreign investment is less than 51%, the new
promoter should own at least 26% of the paid up
equity capital or upto the applicable foreign
investment limit, whichever is higher.
9.0 Direct Benefit Transfer (DBT) migration for
all Subsidy Schemes
The Government is planning to first link the bank
account details of the beneficiaries. The sourcing
and the seeding of the databases with Aadhaar
will be done at a later stage.
This method is expected to expedite the
migration of all the subsidy schemes on the
DBT platform
No beneficiary would receive any payment in
cash or by cheque after April 30.
LATEST IN FINANCE
1.0 India on Road to Full Rupee Convertibility
Reserve Bank of India Governor, Sh.
Raghuram Rajan, signaled that the country
may be on course to have full convertibility
of the currency without mentioning a time
frame, a debate which commenced nearly
two decades ago.
The controversial base rate concept could
be scrapped if a benchmark for pricing credit
such as loans and bonds is established.
3
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
MAY 2015
EDITORIAL / LATEST IN FINANCE
EDITORIAL
AUDITING - CHANGING LANDSCAPES
Contd........
Services and most other non audit services including
management services.
In our view the prohibition do not restrict the
auditors to undertake tax audit, filing of tax
return, undertaking supervision of tax
compliances, certification of MCA forms and
similar other compliances.
All permitted Non Audit services can only be
provided with the approval of Board of Directors/
Audit Committee. The top Management is not
authorized to finalize their appointment for
permitted Non Audit Services.
Depreciation: The New Schedule II mandate
component accounting and determination of balance
useful life, resulting into substantial change in the
depreciation to be charged in the Books ofAccounts.
The Auditors cannot undertake this calculation and
determination but has to verify the correctness of
implementation of new changes while framing their
audit opinion.
Auditors Rotation: Auditor rotation is mandatory,
with retrospective effect, after two terms of five
year each (one term for sole proprietor) for all the
Listed companies, public companies with ` 10 crore
or more paid up capital, private companies with `
20 crore or more paid up capital and all companies
having borrowing from Financial Institution, Banks
or Public Deposits of ` 50 crore or more. The
compliance of this norm will be effective AGM of
2017 (3 Year Time)
Audit Limit: No Auditor can audit more than 20
companies. The wordings of Section 141(3) (g)
restrict the limit on number of audit only to Individual
Chartered Accountants with no clear application of
their limit to a firm of Chartered Accountants. It
may be noted that erstwhile Sec 225(1B) provides
for per partner limit on macro basis. No such
provisions are included in the new law. ICAI has
already restricted number of audits to 30 companies
per partner in terms of their code of ethics since
2001.Whether the government intention was to
provide that, no Chartered Accountant can now sign
audit report of more than 20 companies, including
small companies, one person companies, is still being
debated.
ClassAction Suit: Minority shareholders can initiate
class action suits against the company, its
management and auditors.
Fraud Reporting: Auditors have been mandated to
directly report the frauds coming to the notice of the
Auditors during the course of audit to the top
management and the government.
Penalties and Prosecution: A large number of new
penalties and prosecution have been put in place. An
auditor is liable to be penalized and punished, refund
remuneration and pay damages, for contravention
of duties knowingly or willingly with an intention to
deceive. The fine for fraud can range between
` 25000 and ` 25 lakh, with imprisonment from 6
months to up to 10 years.
NFRA: The National Financial Reporting Authority
will monitor and enforce compliance with auditing
and accounting standards, oversee the quality of
service of the profession, investigate matter of
professional misconduct by chartered accountants
or firms.
Consolidated Financial Statement: The new
Company law mandates preparation of Consolidated
Financial Statement for all companies with one or
more subsidiaries, associates and joint ventures. This
enhances the influence of auditors across group
companies. A separate audit report and CARO
reporting is to be issued as per draft notified byAASB-
ICAI.
TaxAudit: The New Tax audit formal comprehensive
compliance will be required; Income Computation
and Disclosure Standards (ICDS) notified by the tax
department w.e.f April 1, 2015 will also complicate
tax provisioning and determination of taxable income.
The auditors undertaking their professional
responsibilities diligently, without fear or favour will
not only get all necessary respect in the society but
will also be financially rewarded with higher valuation
without any audit risk. Indian Techniques of audit
including ledger scrutiny, vouching, close review of
operation and financial control,CAATs and
compliance of international level standards of auditing
will ensure that the financial statement are free from
misstatement due to fraud or error.
The new opportunities of mandatory consolidation
of Financial Statements, adoption of IFRS, ICDS,
increased compliances, internal audit, valuation for
issue of shares in terms of Companies Act 2013 and
many other new opportunities will bring large demand
for Chartered Accountants. This will also ensure that
the Chartered Accountants available for undertaking
statutory audits functions will be limited in number.
4
THE CHARTERED ACCOUNTANT WORLD
MAY 2015
LATEST IN FINANCE / DIRECT TAXATION
In the first phase, DBT included only 27
schemes which consisted of scholarships and
LPG subsidy.
The focus currently is on digitizing the
databases that are maintained on paper
registers.
10.0 Real Estate Regulation Plan
The Government is in final stage of Real Estate
Regulatory Bill, under considerations of
parliamentarians
Each Project to be r egistered
Consumers to get access to all crucial
information, including approvals
Ongoing projects without completion
certificates also to be covered
Developers need consent of 2/3rd of customers
to change project layout
More home buyers to get benefit
Project developers to deposit 50% or 75%
amounts from buyers in escrow account.
It may ensure timely project completion in the
absence of diversion of funds.
11.0 Norms for distribution of MF products by
NBFCs eased
Since the distribution of Mutual Fund products
by Non Banking Financial Companies is on a non-
risk sharing basis and purely as a customer
service, it has now been decided to dispense with
the requirement of prior approvals.
DIRECT TAXATION
2.0 Fixed maturity plans: No Capital Gains at the
time of Rollover, says CBDT
The Central Board of Direct Taxes (CBDT) has
made it clear that capital gains will not arise in
the hands of an investor at the time of exercising
the option of rollover in a fixed maturity plan
(FMP) scheme.
3.0 Parliamentary Panel for restoration of tax
benefits for SEZ
A parliamentary standing committee has called
for the restoration of tax benefits for Special
Economic Zones (SEZs) to help revive the
programme.
The committee led by Bharatiya Janata Party
lawmaker Chandan Mitra asked the Department
of Commerce to take up the issue of minimum
alternate tax (MAT) and dividend distribution tax
(DDT) levied on SEZs with the Finance Ministry.
4.0 CBDT raises exemption on Transport
Allowance
Central Board of Direct Taxes (CBDT) has raised
the tax-exempt transport allowance employers can
grant employees for commuting between
residence and the work place for ` 800 to ` 1,600
a month. The board also amended the I-T Rules
to raise the tax exempt transportation allowance
in the case of handicapped individuals to ` 3,200
from ` 1,600 a month.
5.0 Lahiri Panel to Interact with Businesses on
Tax Laws
The Government has set up a high-level
committee led by former Chief EconomicAdvisor
(CEA) in the Finance Ministry, Ashok Lahiri, to
interact with the trade and industry on tax laws.
The committee will function from Janpath hotel
in the capital. The panel has invited various
industry chambers and other stakeholders to
present their views on tax laws. The committee
could be reached at highlevelcommittee@
gmail.com.
6.0 Section 2(15), read with section 12AA, of the
Income-tax Act, 1961
The ITAT Delhi Bench 'E' held that commerciality
is not a test to determine genuineness of charitable
nature of education activities of a trust or
institution under amended provision of section
2(15)
Meritta Welfare Trust v.Commissioner of Income-tax,
Dehradun [2015] 56 taxmann.com 363]
1.0 Tax on Premature PF Withdrawal
From June 1, TDS will be deducted on
Provident Fund at 10.3% withdrawal before
five years of continuous service.
TDS will not be applicable if the Provident
Fund withdrawal is less than ` 30,000.
TDS will be deducted at the maximum
marginal rate of 30.6% for employees
without PAN card.
Even those with a PAN Card will need to
refile their past ITRs where deductions were
claimed against EPF contributions.
5
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
MAY 2015
DIRECT TAXATION / CORPORATE LAW
7.0 Mere book adjustment can't be deemed as
contravention of Sec. 269SS/269T
The High Court ofAndhra Pradesh and Telangana
held that making book adjustment of funds by
assessee firm with sister concern without making
payment of cash, could not said to be violation
or contravention of section 269SS and section
269T.
Gururaj Mini Roller Flour Mills v.Additional
Commissioner of Income-tax[2015] 56 taxmann.com 336
8.0 Section 234B, read with sections 195 and 209,
of the Income-tax Act, 1961
The High Court of Delhi where assessees were
non-resident companies, entire tax was to be
deducted at source on payments made by payer
to it and there was no question of payment of
advance tax by assessees; therefore, revenue
could not charge any interest under section 234B
from assessees.
Director of Income-tax, International Taxation v. GE
Packaged Power Inc [2015] 56 taxmann.com 190
9.0 The Supreme Court of India held that cerification
of incorporation etc., are not sufficient for
purpose of identification of Subscription
Company when there is material to show that
subscriber was a paper company and not a
genuine investor.
Navodaya Castle (P) Ltd. vs. Commissioner of Income
Tax [2015] 56 taxmann.com18
10.0 Section 68, read with section 263, of the
Income-tax Act, 1961
The High Court of Calcutta held that Assessing
Officer could not accept genuineness of loan
taken by assessee from various creditors merely
on basis of their bank statements and letter of
confirmations as he was required to examine
creditworthiness of said creditors as well.
Commissioner of Income-tax, Central-I, Kolkata v.
Maithan International [2015] 56 taxmann.com 283
11.0 Payment of data storage charges to NR
doesn't constitute either royalty or 'FTS'
The ITAT Chennai Bench 'A' held that payment
of data storage charges made by assessee to a
non-resident did not fall either under royalty or
fee for technical services and, thus, assessee was
not required to deduct tax at source while making
payment of said charges.
Assistant Commissioner of Income-tax, Co. Circle-III (4),
Chennai v. Vishwak Solutions (P.) Ltd [2015] 56
taxmann.com 158
12.0 Transfer of Land Used on possession
The ITAT Cochin Bench held that Under Income-
tax Act, when possession of property is handed
over to purchaser towards part performance of
sale agreement, there is a transfer.
Assistant Commissioner of Income-tax, Circle -2(1),
Range 2, Trichur v. T.G. Chandrakumar [2013] 40
taxmann.com 220
CORPORATE LAW
1.0 More time to file Asset Details
The Centre has extended till October 15 the
deadline for Central Government employees to
file the details of their assets and liabilities, along
with that of their spouses and dependent children,
as mandated under the Lokpal Act.
2.0 Cabinet nod to amend Negotiable
Instruments Law
The Union Cabinet stipulation that the offence of
rejection/return of cheque under section 138 of
Negotiable Instruments Act will be enquired into
and tried only by a Court within whose local
jurisdiction the bank branch of the payee, where
the payee presents the cheque for payment is
situated.
3.0 Managerial Remuneration Norms liberalised
under the new Companies Act
The companies can now pay more compensation
to its Directors and Executives subject to the
approval of only board and shareholders. The
professional director shouldn't have interest in
the capital except through Employee Stock Option
Scheme (ESOP) and should not be related to
promoters of the company.
4.0 Secretarial Standards
Institute of Companies Secretaries of India has
issued secretarial standards on meetings of the
Board of Directors (SS- 1) and General Meetings
(SS-2) applicable w.e.f. 01-7-2015
5.0 A Co. making bona-fide efforts to repay
deposits is to be given time to clear all deposits
CLB, New Delhi held that Where company could
not make payment as mandated under section
74(1), and it was making bona fide efforts in
making repayments to depositors, company was
to be given time to clear all deposits
Jaiprakash Associates Ltd., In re. [2015] 56 taxmann.com
212
6
THE CHARTERED ACCOUNTANT WORLD
MAY 2015
INSURANCE/INTERNATIONAL TAXATION / INDIRECT TAXATION
6.0 User Consent mandatory for Activation/
Deactivation of Data
The Telecom Regulatory Authority of India
(TRAI) has proposed that data services should
be activated or deactivated only with the explicit
consent of the subscriber through toll free short
code 1925.
7.0 Any company intending incorporation can now
apply for Permanent Account Number and Tax
Deduction and Collection Account Number in
Form INC-7 prescribed under section 7(1) of
Companies Act, 2013
Source: Notification No. 38/2015 [F.NO. 142/15/2013-
TPL]/SO 995(E), dated April 10, 2015
INSURANCE/INTERNATIONAL
TAXATION
1.0 Corporate Agency Norms- Key Changes
From the fourth year onwards, no corporate
agent shall place more than 50% of the
premium with any one insurer.
All Corporate agents should file half yearly
returns with the IRDAI
No insurer shall require the corporate agent to
insure every client with it
The agreements between a corporate agent and
insurer should be disclosed to the IRDAI
within 30 days
Every corporate agent will have to serve the
policyholder during the entire period of
contract.
2.0 Computation of Arm's Length Price
The ITAT Mumbai Bench 'K' held that where
Indian comparables do not stand test of
comparability with tested party; foreign
comparables can be selected for purposes of
comparative analysis and benchmarking
international transactions.
Tata Motors European Technical Centre Plc. v. Assistant
Director of Income-tax [2014] 52 taxmann.com 411
3.0 Comparables and Adjustments
The ITAT Delhi Bench 'I' held that potential
comparable having more than 25 per cent of
related party transactions is to be ignored. Also a
potential comparable cannot be excluded simply
on ground of high profit rate, unless it is
conclusively shown that such higher profit was
result of some abnormal conditions prevailing in
that case alone.
Assistant Commissioner of Income-tax, Circle 3 (1), New
Delhi v. Convergys India Service (P.) Ltd. [2015] 55
taxmann.com 30
4.0 Income Deemed to accrue or arise in India
The ITATAhmedabad Bench 'B' held that Payment
made by assessee to foreign company for
navigation studies at Indian port to determine pre-
existing conditions could not as ascribed as fee
for technical services as per article 13 of Indo
UKDTAA.
Income-tax Officer (Intl. Taxation)-II, Ahmedabad v. Adani
Port Infrastructure (P.) Ltd. [2014] 47 taxmann.com 1
5.0 Incentives to set up Corporate Treasury
Centres in Hong Kong
In order to attract foreign firms to set up their
corporate treasury centres in Hong Kong, the
Hong Kong Government proposes a tax rate cut
of upto 50% for these firms. These deductions
would be subject to certain specified conditions.
Further, the HIng Kong government has also
proposed a draft legislation wherein certain profit
based exemptions available to offshore funds may
be extended to private equity funds.
INDIRECT TAXATION
1.0 Service which is made taxable under a new
category can't be classified under different
category for prior period
CESTAT, Mumbai bench held that 'Listing fee'
towards 'banner advertising' on website does not
amount to 'Business Auxiliary Services'; same
amounts to 'sale of advertising space and time
service' and taxable only from 1-5-2006. u/s 65A.
Commissioner of Central Excise, Mumbaiv.Ebay India
(P.) Ltd.[2015] 55 taxmann.com 529
2.0 Using Expression 'inclusive of all taxes' in a
contract does not mean that Service Tax was
collected by assessee
The CESTAT, Bangalore Bench held that
Expression 'inclusive of taxes' only means that
there would be no further rise in value of
contracts in case any demands stands raised
against service provider; it does not mean that
'service tax' stands collected from service recipient
so as to be payable under section 73A, despite
fact that services are eligible for exemption.
ShirdiSaiElectricalsLtd.v.CommissionerofCentralExcise,
Customs & Service Tax [2015] 55 taxmann.com 274
7
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
MAY 2015
INDIRECT TAXATION / CAPITAL MARKET / FEMA / AUDIT
3.0 Refund of Service Tax
The CESTAT, Mumbai Bench held that where
service recipient had wrongly paid service tax to
builders, though not actually leviable, service
recipient could claim refund of said tax without
time-bar, as section 11B cannot apply to refund
of such tax.
Shravan Banarasilal Jejani v. Commissioner of Central
Excise, Nagpur [2015] 55 taxmann.com 36
4.0 The CESTAT, Bangalore Bench in, Softcell
Technologies Ltd. v. Commissioner of Service
Tax, Bangalore, held that software sold
electronically through internet is liable to service
tax; but, software sold after loading same on
physical media is 'goods' and not liable to service
tax. [2015] 55 taxmann.com 301
5.0 No ST on movable fixtures under renting of
immovable property services even if they
were let out along with premises
The Banglore CESTAT held that where assessee
had provided 'movable' fixtures/ assets to tenants
for using in facility along with renting of
immovable property, service tax cannot be
demanded under 'renting of immovable property'
in respect of movable assets.
Kirloskar Systems LTD. V. Commissioner of Service Tax,
Banglore [2015] 55 taxmann.com 507
CAPITAL MARKET / FEMA / AUDIT
1.0 EPFO Gets Approval to Invest 5%
Incremental Income in ETFs
The Labour Ministry has opened the floodgates
for investing over ` 7,500 crore of retirement
savings of workers in the capital markets for the
first time.It has notified a new investment pattern
that allows the Employees' Provident Fund
Organisation (EPFO) to deploy 5% of its
incremental income in Exchange-Traded Funds
from the current fiscal.
2.0 Review of FDI Policy in Insurance Sector
Foreign direct investment up to 26 percent shall
be under automatic route and beyond 26 percent
and up to 49 percent shall be with Government
approval
An Indian insurance company shall ensure that
its ownership and control remains at all times in
the hands of resident Indian entities;
Source: RBI/2014-15/545 -A. P. (DIR Series) Circular
No.94 dated April 08, 2015
3.0 Government hikes FDI cap in pension sector
to 49%
The government has notified an increase in the
cap on Foreign Direct Investment (FDI) in the
pension sector to 49 per cent from 26 per cent,
paving the way for more foreign funds to enter
the national pension system.
4.0 Auditor's Report on Consolidated Financial
Statements under the Companies Act, 2013
TheAuditing andAssurance Standards Board, has
issued the illustrative formats of the Auditor's
Report for modified opinion and unmodified
Opinion [will be added as an appendix to SA 705
and SA 700 respectively] on Consolidated
Financial Statements (CFS) of a company under
the Companies Act 2013.
Source: Announcement/ Auditor's Report on Consolidated
Financial Statements dated May 01, 2015
5.0 Securities and Exchange Board of India (SEBI)
has directed Stock Exchanges to impose hefty
penalty on listed companies for non- appointment
of women director till March 31, 2015 as required
under the provisions of Companies Act, 2013
minimum amount, being ` 50,000/-.
Source: Circular No. CFD/CMD/1/2015, dated April
08, 2015.
FINANCIAL INDICATORS
CurrentRate* MonthAgo 3Month 6Month
3 Month LIBOR (%) 0.2799 0.2759 0.2584 0.23
3 Month MIBOR (%) 7.7 8.23 8.59 8.73
SENSEX 27507.3 28879 28355.62 27875
NIFTY 8325.25 8780.35 8565.55 8344
CRR (%) 4 4 4 4
SLR (%) 21.5 - - -
REPO (%) 7.50 7.50 7.75 8
REVERSE REPO (%) 6.50 6.50 6.75 7
Gold (per 10 gm) 26848 26550 27295 25293
Silver (per kg) 37434 36803 37440 35007
Crude (USD/bbl) 59.24 56.83 56.46 82.13
` vs USD 63.8495 62.3660 62.1888 61.45
` vs Euro 71.5114 66.4884 70.3728 76.67
` vs 100 Yen 53.25 51.74 51.98 53.86
` vs RMB 10.3321 10.0370 9.9615 10.05
` vs Pound 98.4687 91.6032 94.4136 97.76
MCX Aluminium (per kg) 118.6 110.55 114.15 125
MCX Copper (per kg) 408.65 374.55 353.5 412
*As on May 11, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
8
THE CHARTERED ACCOUNTANT WORLD
MAY 2015
Contact details : Dharampal (9013363257) All India Chartered Accountants’ Society - CFO World 909, Chiranjiv Tower, 43, Nehru Place, New Delhi-110019.
Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS E-mail: pankajguptafcs@gmail.com
PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered Accountants’ Society, 4696, Brij Bhawan, 21A,
Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham
Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept any responsibility.
If undelivered, please return to :
All India CharteredAccountants’Society
4696, Brij Bhawan 21A, Ansari Road,
Darya Ganj, New Delhi-110 002
Date of Printing : 12th
MAY, 2015
R.N.I. No. 50796/90
Posting Date: 14/15 May, 2015
Registration No. DL(c)-01/1268/2015-17
Licenced to post without prepayment No. U-(C)-82/2015-17
DAY 1 - MAY 16, 2015 (SATURDAY)
Registration & Lunch (1.00 pm to 2.00 pm)
Inaugural Session (2.00 pm to 2.15 p.m)
Session I- 2.15 pm to 4:00 pm
Taxation of Individual – Ms. Poorva Prakash, Director
Overview and Critical Issue CA Nitin Tyagi, Manager
Deloite Haskins & Sells LLP
Taxation of HUF- Overview CA Pramod Jain
and Critical Issue Lunawat & Co.
Succession Planning CA Vinod Jain, Chairman
Inmacs Management Services Ltd.
Session II- 4.00 pm. to 5.00 pm
Partnership Firm & Limited CA Pramod Jain
Liability Partnership Lunawat & Co.
Session III- 5.30 pm to 7:15 pm
Taxation of Companies Mr. V.P Gupta, Advocate
VP Gupta and Co.
Session IV-7:15 pm to 8:15 pm
Taxation of Private Trusts Dr. Ravi Gupta, Advocate
Session V- 8:15 pm to 9.00 pm
Taxation of Charitable Trusts CA Rohit Jain, Vaish Associates
DAY 2 - MAY 23, 2015 (SATURDAY)
Session VI- 2.00 pm to 3.30 pm
Taxation of Real Estate Transactions-I Dr. Ravi Gupta, Advocate
Session VII-3.30 pm to 5:00 pm
Taxation of Real Estate Dr. Ravi Gupta, Sr. Prof.
Transactions - II Sh. Ram College of Commerce
Session VIII- 5:30 pm to 6.00 pm
Taxation of E-Commerce Companies
Session IX- 6.00 pm to 7.45 pm
Taxation of Share Capital CA Rakesh Gupta,
Former Member, ITAT
Session X- 7.45 PM to 9.00 PM
Practical Aspects Relevant CA Rajkumar Agarwal
to Search & Survey Rakesh Raj & Associates
All India CharteredAccountants’Society
announces an Intensive
7th
Annual Workshop on Direct Taxes
from concepts to expertise……
THECOMPREHENSIVEREFERESHERCOURSEONDIRECTTAXES
A Comprehensive Refresher Course / Workshop on Direct Taxes are being conducted spread over 4 days with the active participation of eminent
speakers and professionals. The main thrust is to carry out an in depth study of the basic concepts, critical issues and their practical applications of
the laws, rules and regulations, recent developments and case laws relating to direct taxes including tax planning.
PROGRAMME SCHEDULE
Venue:
India International Centre, Annexe Building, Lecture Hall,
40, Max Mueller Marg, New Delhi
Dates:
From 16th May, 23rd May, 6th June & 20th June, 2015
(All Saturdays)
DAY 3 - JUNE 6, 2015 (SATURDAY)
Session XI- 2.00 pm to 5.00 pm
Assessment & Apppeals Assessment
CA Pramod Kapur, JL Garg &Co.
CA Baldev Raj, SP Puri & Co.
Appeals
CA Ajay Wadhwa,
Former President, ITAT
Session XII-5.30 pm to 7:30 pm
Tax Deducted at Source CA Ved Jain, Past President, ICAI
CA Rajeev Kahandelwal,
Chairman, Webtel Electrosoft P. Ltd.
Session XIII- 7.30 pm to 9.00 pm
Implication of Income Computation CA Anil Sharma,
and Disclosure Standards (ICDS) CA Manmohan Khemka,
Samyank & Co.
DAY 4 - JUNE 20, 2015 (SATURDAY)
Session XIV- 2.00 pm to 2.45 pm
Implication of Black Money Bill- Mr. Vikas Vasal
Precautions and initiative to ensure KPMG
advance compliance of Undisclosed
Foreign Income and asset
(imposition of tax ) Bill 2015
Session XV-2.45 pm to 3.45pm
International Taxation - I CA Sanjeev Chaudhary*
Member, Central Council, ICAI
Session XVI- 3:45 pm to 5.00 pm
International Taxation - II Mr. Sumit Gogia, Director,
Deloitte Haskins & Sells LLP
CA Kapil Goel
Session XVII- 5.30 pm to 7.00 pm
International Taxation - III CA Amitabh Singh and
CA Gaurav Singhal
Session XVIII-7.00 pm to 9.00 pm
International Taxation - IV CA Nihar Jambusari*
Transfer Pricing Member, Central Council, ICAI
*Confirmations awaited To register for the Workshop For details visit www.aicas.inwww.clickrightevent.com

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Auditing Landscape Changing Under New Act

  • 1. EDITORIAL * Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004 contd......Pg.3 Celebrating 25 Years of Glorious Publishing CAVinod Jain* The Chartered Accountants community of Auditors is being exposed to new challenges and expectations while they are finalizing audits for the Financial Year ending March 31, 2015. The new provisions will ensure that all the serious and committed professional Chartered Accountants gain substantially as the value of the Audit Report and its credibility will be much higher in the light of new responsibilities and Corporate Governance Mechanism. Auditors' Appointment: The Auditors have been appointed for the period of five years. Auditors cannot be removed during this period without the approval of Central Government, providing necessary strength to independence, paving way for excellence, effectiveness and efficiency in Audit. Audit Report: Auditors are required to additionally report on the observations or comments on financial transactions or matters which have any adverse effect on the functioning of the companies, including any qualification, reservation or adverse remarks relating to maintenance of accounts and other connected matters. As per ICAI guidance, the Auditors need to report on these aspects in relation to Auditor's Qualification, Modification, Disclaimer and Emphasis of matter paragraph. The Auditors shall also report on Volume XXVI, No. 05, May, 2015 AUDITING - CHANGING LANDSCAPES disclosure of impact of pending litigation in the financial statement, provision of foreseeable losses on long term contracts including Derivative contracts beside delay in transfer to Investor Education Fund. Adequacy of Internal Financial Control: The Auditors are also required to comment on the adequacy of Internal Financial Control System and whether the controls are operating effectively. This reporting is mandatory w.e.f Financial Year 2015-2016 and is voluntary in current reporting. It will be important for auditors to ensure that the internal control system is documented in writing and written delegation of powers are in place in respect of all the major financial transaction including purchases, sales, revenue, assets and liabilities as per internal control framework. CARO 2015: The new requirement of CARO has been notified on MCA website and the requirements are more focused and specific. Business Relationship: Auditors are now prohibited to have any business relationship with the company or its subsidiary company or its associate company or its holding company. This will necessitate that the auditors or their related parties do not undertake any other business transaction or relation with Auditee Group. Restriction on Non Audit Services: The Auditors cannot offer Non Audit Services as defined and prescribed in the New Companies Act and rules made thereunder,Accounting/Internal Audit, Financial
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD MAY 2015 LATEST IN FINANCE 2 2.0 India Inc will soon get to issue ` bonds abroad Given global investors' appetite for Indian debt, the Reserve Bank of India is planning to allow India Inc to issue rupee-denominated bonds in overseas markets. "We are going to open up the possibility of Indian corporations issuing rupee bonds abroad. We are going to allow large corporations to issue abroad so that the paper can be traded abroad," said RBI Governor. 3.0 NHAI & IRFC get nod to raise ` 30,000 Crore The Finance Ministry has mandated National Highway Authority of India (NHAI) and Indian Railways Finance Corporation (IRFC) to raise ` 24,000 crore and ` 6,000 crore, respectively, by selling tax-free bonds. The ministry has given its in principle approval to NHAI and IRFC, but the green light may include a clause that issuers, after raising funds, have to lend to respective sectors below the bank rates (base rates). 4.0 SEBI ready to give Venture Capital funds more headroom to invest abroad The Securities and Exchange Board of India proposed to allow Venture Capital Funds to invest up to 25 per cent of their investible funds in foreign companies that have 'Indian connection'. Currently, the cap is fixed at 10 per cent. 5.0 Environment Ministry simplifies Measurement of Pollution in Industrial Clusters The Government has simplified the measurement of pollution in industrial clusters. The environment ministry, with the full backing of the states, has tweaked the Comprehensive Environmental Pollution Index (CEPI). It has a maximum composite score of 100. The two parameters have been dropped -adverse impact of pollutants on human health and Environmental Degradation. 6.0 Industrial License validity extended to Seven Years In a big boost to the 'Make in India' initiative in the defence sector, the government has extended the initial validity of industrial licences to seven years from three, keeping in mind the long gestation period of defence contracts. 7.0 Banks can now pay higher rates for Deposits without Premature Withdrawal Option While all term deposits of individuals (held singly or jointly) of `15 Lakh and below should necessarily have premature withdrawal facility. All term deposits above this amount banks can now offer 'the without premature withdrawal' option with differential rates. 8.0 RBI spares banks from classifying as NPAs for two more years Reserve Bank of India allowed banks to extend the deadline for Date of Commencement of Commercial Operations (DCCO) of stalled projects, which have been taken over by new promoters, by upto two years. The RBI said that revisions of the date of DCCO and the consequential shift in the repayment schedule for two years or shorter duration will not be treated as restructuring. RBI said new promoters should own at least 51% of the paid up equity capital in the acquired project. If the new promoter is a non-resident and in sectors where the ceiling on foreign investment is less than 51%, the new promoter should own at least 26% of the paid up equity capital or upto the applicable foreign investment limit, whichever is higher. 9.0 Direct Benefit Transfer (DBT) migration for all Subsidy Schemes The Government is planning to first link the bank account details of the beneficiaries. The sourcing and the seeding of the databases with Aadhaar will be done at a later stage. This method is expected to expedite the migration of all the subsidy schemes on the DBT platform No beneficiary would receive any payment in cash or by cheque after April 30. LATEST IN FINANCE 1.0 India on Road to Full Rupee Convertibility Reserve Bank of India Governor, Sh. Raghuram Rajan, signaled that the country may be on course to have full convertibility of the currency without mentioning a time frame, a debate which commenced nearly two decades ago. The controversial base rate concept could be scrapped if a benchmark for pricing credit such as loans and bonds is established.
  • 3. 3 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY MAY 2015 EDITORIAL / LATEST IN FINANCE EDITORIAL AUDITING - CHANGING LANDSCAPES Contd........ Services and most other non audit services including management services. In our view the prohibition do not restrict the auditors to undertake tax audit, filing of tax return, undertaking supervision of tax compliances, certification of MCA forms and similar other compliances. All permitted Non Audit services can only be provided with the approval of Board of Directors/ Audit Committee. The top Management is not authorized to finalize their appointment for permitted Non Audit Services. Depreciation: The New Schedule II mandate component accounting and determination of balance useful life, resulting into substantial change in the depreciation to be charged in the Books ofAccounts. The Auditors cannot undertake this calculation and determination but has to verify the correctness of implementation of new changes while framing their audit opinion. Auditors Rotation: Auditor rotation is mandatory, with retrospective effect, after two terms of five year each (one term for sole proprietor) for all the Listed companies, public companies with ` 10 crore or more paid up capital, private companies with ` 20 crore or more paid up capital and all companies having borrowing from Financial Institution, Banks or Public Deposits of ` 50 crore or more. The compliance of this norm will be effective AGM of 2017 (3 Year Time) Audit Limit: No Auditor can audit more than 20 companies. The wordings of Section 141(3) (g) restrict the limit on number of audit only to Individual Chartered Accountants with no clear application of their limit to a firm of Chartered Accountants. It may be noted that erstwhile Sec 225(1B) provides for per partner limit on macro basis. No such provisions are included in the new law. ICAI has already restricted number of audits to 30 companies per partner in terms of their code of ethics since 2001.Whether the government intention was to provide that, no Chartered Accountant can now sign audit report of more than 20 companies, including small companies, one person companies, is still being debated. ClassAction Suit: Minority shareholders can initiate class action suits against the company, its management and auditors. Fraud Reporting: Auditors have been mandated to directly report the frauds coming to the notice of the Auditors during the course of audit to the top management and the government. Penalties and Prosecution: A large number of new penalties and prosecution have been put in place. An auditor is liable to be penalized and punished, refund remuneration and pay damages, for contravention of duties knowingly or willingly with an intention to deceive. The fine for fraud can range between ` 25000 and ` 25 lakh, with imprisonment from 6 months to up to 10 years. NFRA: The National Financial Reporting Authority will monitor and enforce compliance with auditing and accounting standards, oversee the quality of service of the profession, investigate matter of professional misconduct by chartered accountants or firms. Consolidated Financial Statement: The new Company law mandates preparation of Consolidated Financial Statement for all companies with one or more subsidiaries, associates and joint ventures. This enhances the influence of auditors across group companies. A separate audit report and CARO reporting is to be issued as per draft notified byAASB- ICAI. TaxAudit: The New Tax audit formal comprehensive compliance will be required; Income Computation and Disclosure Standards (ICDS) notified by the tax department w.e.f April 1, 2015 will also complicate tax provisioning and determination of taxable income. The auditors undertaking their professional responsibilities diligently, without fear or favour will not only get all necessary respect in the society but will also be financially rewarded with higher valuation without any audit risk. Indian Techniques of audit including ledger scrutiny, vouching, close review of operation and financial control,CAATs and compliance of international level standards of auditing will ensure that the financial statement are free from misstatement due to fraud or error. The new opportunities of mandatory consolidation of Financial Statements, adoption of IFRS, ICDS, increased compliances, internal audit, valuation for issue of shares in terms of Companies Act 2013 and many other new opportunities will bring large demand for Chartered Accountants. This will also ensure that the Chartered Accountants available for undertaking statutory audits functions will be limited in number.
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD MAY 2015 LATEST IN FINANCE / DIRECT TAXATION In the first phase, DBT included only 27 schemes which consisted of scholarships and LPG subsidy. The focus currently is on digitizing the databases that are maintained on paper registers. 10.0 Real Estate Regulation Plan The Government is in final stage of Real Estate Regulatory Bill, under considerations of parliamentarians Each Project to be r egistered Consumers to get access to all crucial information, including approvals Ongoing projects without completion certificates also to be covered Developers need consent of 2/3rd of customers to change project layout More home buyers to get benefit Project developers to deposit 50% or 75% amounts from buyers in escrow account. It may ensure timely project completion in the absence of diversion of funds. 11.0 Norms for distribution of MF products by NBFCs eased Since the distribution of Mutual Fund products by Non Banking Financial Companies is on a non- risk sharing basis and purely as a customer service, it has now been decided to dispense with the requirement of prior approvals. DIRECT TAXATION 2.0 Fixed maturity plans: No Capital Gains at the time of Rollover, says CBDT The Central Board of Direct Taxes (CBDT) has made it clear that capital gains will not arise in the hands of an investor at the time of exercising the option of rollover in a fixed maturity plan (FMP) scheme. 3.0 Parliamentary Panel for restoration of tax benefits for SEZ A parliamentary standing committee has called for the restoration of tax benefits for Special Economic Zones (SEZs) to help revive the programme. The committee led by Bharatiya Janata Party lawmaker Chandan Mitra asked the Department of Commerce to take up the issue of minimum alternate tax (MAT) and dividend distribution tax (DDT) levied on SEZs with the Finance Ministry. 4.0 CBDT raises exemption on Transport Allowance Central Board of Direct Taxes (CBDT) has raised the tax-exempt transport allowance employers can grant employees for commuting between residence and the work place for ` 800 to ` 1,600 a month. The board also amended the I-T Rules to raise the tax exempt transportation allowance in the case of handicapped individuals to ` 3,200 from ` 1,600 a month. 5.0 Lahiri Panel to Interact with Businesses on Tax Laws The Government has set up a high-level committee led by former Chief EconomicAdvisor (CEA) in the Finance Ministry, Ashok Lahiri, to interact with the trade and industry on tax laws. The committee will function from Janpath hotel in the capital. The panel has invited various industry chambers and other stakeholders to present their views on tax laws. The committee could be reached at highlevelcommittee@ gmail.com. 6.0 Section 2(15), read with section 12AA, of the Income-tax Act, 1961 The ITAT Delhi Bench 'E' held that commerciality is not a test to determine genuineness of charitable nature of education activities of a trust or institution under amended provision of section 2(15) Meritta Welfare Trust v.Commissioner of Income-tax, Dehradun [2015] 56 taxmann.com 363] 1.0 Tax on Premature PF Withdrawal From June 1, TDS will be deducted on Provident Fund at 10.3% withdrawal before five years of continuous service. TDS will not be applicable if the Provident Fund withdrawal is less than ` 30,000. TDS will be deducted at the maximum marginal rate of 30.6% for employees without PAN card. Even those with a PAN Card will need to refile their past ITRs where deductions were claimed against EPF contributions.
  • 5. 5 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY MAY 2015 DIRECT TAXATION / CORPORATE LAW 7.0 Mere book adjustment can't be deemed as contravention of Sec. 269SS/269T The High Court ofAndhra Pradesh and Telangana held that making book adjustment of funds by assessee firm with sister concern without making payment of cash, could not said to be violation or contravention of section 269SS and section 269T. Gururaj Mini Roller Flour Mills v.Additional Commissioner of Income-tax[2015] 56 taxmann.com 336 8.0 Section 234B, read with sections 195 and 209, of the Income-tax Act, 1961 The High Court of Delhi where assessees were non-resident companies, entire tax was to be deducted at source on payments made by payer to it and there was no question of payment of advance tax by assessees; therefore, revenue could not charge any interest under section 234B from assessees. Director of Income-tax, International Taxation v. GE Packaged Power Inc [2015] 56 taxmann.com 190 9.0 The Supreme Court of India held that cerification of incorporation etc., are not sufficient for purpose of identification of Subscription Company when there is material to show that subscriber was a paper company and not a genuine investor. Navodaya Castle (P) Ltd. vs. Commissioner of Income Tax [2015] 56 taxmann.com18 10.0 Section 68, read with section 263, of the Income-tax Act, 1961 The High Court of Calcutta held that Assessing Officer could not accept genuineness of loan taken by assessee from various creditors merely on basis of their bank statements and letter of confirmations as he was required to examine creditworthiness of said creditors as well. Commissioner of Income-tax, Central-I, Kolkata v. Maithan International [2015] 56 taxmann.com 283 11.0 Payment of data storage charges to NR doesn't constitute either royalty or 'FTS' The ITAT Chennai Bench 'A' held that payment of data storage charges made by assessee to a non-resident did not fall either under royalty or fee for technical services and, thus, assessee was not required to deduct tax at source while making payment of said charges. Assistant Commissioner of Income-tax, Co. Circle-III (4), Chennai v. Vishwak Solutions (P.) Ltd [2015] 56 taxmann.com 158 12.0 Transfer of Land Used on possession The ITAT Cochin Bench held that Under Income- tax Act, when possession of property is handed over to purchaser towards part performance of sale agreement, there is a transfer. Assistant Commissioner of Income-tax, Circle -2(1), Range 2, Trichur v. T.G. Chandrakumar [2013] 40 taxmann.com 220 CORPORATE LAW 1.0 More time to file Asset Details The Centre has extended till October 15 the deadline for Central Government employees to file the details of their assets and liabilities, along with that of their spouses and dependent children, as mandated under the Lokpal Act. 2.0 Cabinet nod to amend Negotiable Instruments Law The Union Cabinet stipulation that the offence of rejection/return of cheque under section 138 of Negotiable Instruments Act will be enquired into and tried only by a Court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment is situated. 3.0 Managerial Remuneration Norms liberalised under the new Companies Act The companies can now pay more compensation to its Directors and Executives subject to the approval of only board and shareholders. The professional director shouldn't have interest in the capital except through Employee Stock Option Scheme (ESOP) and should not be related to promoters of the company. 4.0 Secretarial Standards Institute of Companies Secretaries of India has issued secretarial standards on meetings of the Board of Directors (SS- 1) and General Meetings (SS-2) applicable w.e.f. 01-7-2015 5.0 A Co. making bona-fide efforts to repay deposits is to be given time to clear all deposits CLB, New Delhi held that Where company could not make payment as mandated under section 74(1), and it was making bona fide efforts in making repayments to depositors, company was to be given time to clear all deposits Jaiprakash Associates Ltd., In re. [2015] 56 taxmann.com 212
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD MAY 2015 INSURANCE/INTERNATIONAL TAXATION / INDIRECT TAXATION 6.0 User Consent mandatory for Activation/ Deactivation of Data The Telecom Regulatory Authority of India (TRAI) has proposed that data services should be activated or deactivated only with the explicit consent of the subscriber through toll free short code 1925. 7.0 Any company intending incorporation can now apply for Permanent Account Number and Tax Deduction and Collection Account Number in Form INC-7 prescribed under section 7(1) of Companies Act, 2013 Source: Notification No. 38/2015 [F.NO. 142/15/2013- TPL]/SO 995(E), dated April 10, 2015 INSURANCE/INTERNATIONAL TAXATION 1.0 Corporate Agency Norms- Key Changes From the fourth year onwards, no corporate agent shall place more than 50% of the premium with any one insurer. All Corporate agents should file half yearly returns with the IRDAI No insurer shall require the corporate agent to insure every client with it The agreements between a corporate agent and insurer should be disclosed to the IRDAI within 30 days Every corporate agent will have to serve the policyholder during the entire period of contract. 2.0 Computation of Arm's Length Price The ITAT Mumbai Bench 'K' held that where Indian comparables do not stand test of comparability with tested party; foreign comparables can be selected for purposes of comparative analysis and benchmarking international transactions. Tata Motors European Technical Centre Plc. v. Assistant Director of Income-tax [2014] 52 taxmann.com 411 3.0 Comparables and Adjustments The ITAT Delhi Bench 'I' held that potential comparable having more than 25 per cent of related party transactions is to be ignored. Also a potential comparable cannot be excluded simply on ground of high profit rate, unless it is conclusively shown that such higher profit was result of some abnormal conditions prevailing in that case alone. Assistant Commissioner of Income-tax, Circle 3 (1), New Delhi v. Convergys India Service (P.) Ltd. [2015] 55 taxmann.com 30 4.0 Income Deemed to accrue or arise in India The ITATAhmedabad Bench 'B' held that Payment made by assessee to foreign company for navigation studies at Indian port to determine pre- existing conditions could not as ascribed as fee for technical services as per article 13 of Indo UKDTAA. Income-tax Officer (Intl. Taxation)-II, Ahmedabad v. Adani Port Infrastructure (P.) Ltd. [2014] 47 taxmann.com 1 5.0 Incentives to set up Corporate Treasury Centres in Hong Kong In order to attract foreign firms to set up their corporate treasury centres in Hong Kong, the Hong Kong Government proposes a tax rate cut of upto 50% for these firms. These deductions would be subject to certain specified conditions. Further, the HIng Kong government has also proposed a draft legislation wherein certain profit based exemptions available to offshore funds may be extended to private equity funds. INDIRECT TAXATION 1.0 Service which is made taxable under a new category can't be classified under different category for prior period CESTAT, Mumbai bench held that 'Listing fee' towards 'banner advertising' on website does not amount to 'Business Auxiliary Services'; same amounts to 'sale of advertising space and time service' and taxable only from 1-5-2006. u/s 65A. Commissioner of Central Excise, Mumbaiv.Ebay India (P.) Ltd.[2015] 55 taxmann.com 529 2.0 Using Expression 'inclusive of all taxes' in a contract does not mean that Service Tax was collected by assessee The CESTAT, Bangalore Bench held that Expression 'inclusive of taxes' only means that there would be no further rise in value of contracts in case any demands stands raised against service provider; it does not mean that 'service tax' stands collected from service recipient so as to be payable under section 73A, despite fact that services are eligible for exemption. ShirdiSaiElectricalsLtd.v.CommissionerofCentralExcise, Customs & Service Tax [2015] 55 taxmann.com 274
  • 7. 7 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY MAY 2015 INDIRECT TAXATION / CAPITAL MARKET / FEMA / AUDIT 3.0 Refund of Service Tax The CESTAT, Mumbai Bench held that where service recipient had wrongly paid service tax to builders, though not actually leviable, service recipient could claim refund of said tax without time-bar, as section 11B cannot apply to refund of such tax. Shravan Banarasilal Jejani v. Commissioner of Central Excise, Nagpur [2015] 55 taxmann.com 36 4.0 The CESTAT, Bangalore Bench in, Softcell Technologies Ltd. v. Commissioner of Service Tax, Bangalore, held that software sold electronically through internet is liable to service tax; but, software sold after loading same on physical media is 'goods' and not liable to service tax. [2015] 55 taxmann.com 301 5.0 No ST on movable fixtures under renting of immovable property services even if they were let out along with premises The Banglore CESTAT held that where assessee had provided 'movable' fixtures/ assets to tenants for using in facility along with renting of immovable property, service tax cannot be demanded under 'renting of immovable property' in respect of movable assets. Kirloskar Systems LTD. V. Commissioner of Service Tax, Banglore [2015] 55 taxmann.com 507 CAPITAL MARKET / FEMA / AUDIT 1.0 EPFO Gets Approval to Invest 5% Incremental Income in ETFs The Labour Ministry has opened the floodgates for investing over ` 7,500 crore of retirement savings of workers in the capital markets for the first time.It has notified a new investment pattern that allows the Employees' Provident Fund Organisation (EPFO) to deploy 5% of its incremental income in Exchange-Traded Funds from the current fiscal. 2.0 Review of FDI Policy in Insurance Sector Foreign direct investment up to 26 percent shall be under automatic route and beyond 26 percent and up to 49 percent shall be with Government approval An Indian insurance company shall ensure that its ownership and control remains at all times in the hands of resident Indian entities; Source: RBI/2014-15/545 -A. P. (DIR Series) Circular No.94 dated April 08, 2015 3.0 Government hikes FDI cap in pension sector to 49% The government has notified an increase in the cap on Foreign Direct Investment (FDI) in the pension sector to 49 per cent from 26 per cent, paving the way for more foreign funds to enter the national pension system. 4.0 Auditor's Report on Consolidated Financial Statements under the Companies Act, 2013 TheAuditing andAssurance Standards Board, has issued the illustrative formats of the Auditor's Report for modified opinion and unmodified Opinion [will be added as an appendix to SA 705 and SA 700 respectively] on Consolidated Financial Statements (CFS) of a company under the Companies Act 2013. Source: Announcement/ Auditor's Report on Consolidated Financial Statements dated May 01, 2015 5.0 Securities and Exchange Board of India (SEBI) has directed Stock Exchanges to impose hefty penalty on listed companies for non- appointment of women director till March 31, 2015 as required under the provisions of Companies Act, 2013 minimum amount, being ` 50,000/-. Source: Circular No. CFD/CMD/1/2015, dated April 08, 2015. FINANCIAL INDICATORS CurrentRate* MonthAgo 3Month 6Month 3 Month LIBOR (%) 0.2799 0.2759 0.2584 0.23 3 Month MIBOR (%) 7.7 8.23 8.59 8.73 SENSEX 27507.3 28879 28355.62 27875 NIFTY 8325.25 8780.35 8565.55 8344 CRR (%) 4 4 4 4 SLR (%) 21.5 - - - REPO (%) 7.50 7.50 7.75 8 REVERSE REPO (%) 6.50 6.50 6.75 7 Gold (per 10 gm) 26848 26550 27295 25293 Silver (per kg) 37434 36803 37440 35007 Crude (USD/bbl) 59.24 56.83 56.46 82.13 ` vs USD 63.8495 62.3660 62.1888 61.45 ` vs Euro 71.5114 66.4884 70.3728 76.67 ` vs 100 Yen 53.25 51.74 51.98 53.86 ` vs RMB 10.3321 10.0370 9.9615 10.05 ` vs Pound 98.4687 91.6032 94.4136 97.76 MCX Aluminium (per kg) 118.6 110.55 114.15 125 MCX Copper (per kg) 408.65 374.55 353.5 412 *As on May 11, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD MAY 2015 Contact details : Dharampal (9013363257) All India Chartered Accountants’ Society - CFO World 909, Chiranjiv Tower, 43, Nehru Place, New Delhi-110019. Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS E-mail: pankajguptafcs@gmail.com PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered Accountants’ Society, 4696, Brij Bhawan, 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept any responsibility. If undelivered, please return to : All India CharteredAccountants’Society 4696, Brij Bhawan 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Date of Printing : 12th MAY, 2015 R.N.I. No. 50796/90 Posting Date: 14/15 May, 2015 Registration No. DL(c)-01/1268/2015-17 Licenced to post without prepayment No. U-(C)-82/2015-17 DAY 1 - MAY 16, 2015 (SATURDAY) Registration & Lunch (1.00 pm to 2.00 pm) Inaugural Session (2.00 pm to 2.15 p.m) Session I- 2.15 pm to 4:00 pm Taxation of Individual – Ms. Poorva Prakash, Director Overview and Critical Issue CA Nitin Tyagi, Manager Deloite Haskins & Sells LLP Taxation of HUF- Overview CA Pramod Jain and Critical Issue Lunawat & Co. Succession Planning CA Vinod Jain, Chairman Inmacs Management Services Ltd. Session II- 4.00 pm. to 5.00 pm Partnership Firm & Limited CA Pramod Jain Liability Partnership Lunawat & Co. Session III- 5.30 pm to 7:15 pm Taxation of Companies Mr. V.P Gupta, Advocate VP Gupta and Co. Session IV-7:15 pm to 8:15 pm Taxation of Private Trusts Dr. Ravi Gupta, Advocate Session V- 8:15 pm to 9.00 pm Taxation of Charitable Trusts CA Rohit Jain, Vaish Associates DAY 2 - MAY 23, 2015 (SATURDAY) Session VI- 2.00 pm to 3.30 pm Taxation of Real Estate Transactions-I Dr. Ravi Gupta, Advocate Session VII-3.30 pm to 5:00 pm Taxation of Real Estate Dr. Ravi Gupta, Sr. Prof. Transactions - II Sh. Ram College of Commerce Session VIII- 5:30 pm to 6.00 pm Taxation of E-Commerce Companies Session IX- 6.00 pm to 7.45 pm Taxation of Share Capital CA Rakesh Gupta, Former Member, ITAT Session X- 7.45 PM to 9.00 PM Practical Aspects Relevant CA Rajkumar Agarwal to Search & Survey Rakesh Raj & Associates All India CharteredAccountants’Society announces an Intensive 7th Annual Workshop on Direct Taxes from concepts to expertise…… THECOMPREHENSIVEREFERESHERCOURSEONDIRECTTAXES A Comprehensive Refresher Course / Workshop on Direct Taxes are being conducted spread over 4 days with the active participation of eminent speakers and professionals. The main thrust is to carry out an in depth study of the basic concepts, critical issues and their practical applications of the laws, rules and regulations, recent developments and case laws relating to direct taxes including tax planning. PROGRAMME SCHEDULE Venue: India International Centre, Annexe Building, Lecture Hall, 40, Max Mueller Marg, New Delhi Dates: From 16th May, 23rd May, 6th June & 20th June, 2015 (All Saturdays) DAY 3 - JUNE 6, 2015 (SATURDAY) Session XI- 2.00 pm to 5.00 pm Assessment & Apppeals Assessment CA Pramod Kapur, JL Garg &Co. CA Baldev Raj, SP Puri & Co. Appeals CA Ajay Wadhwa, Former President, ITAT Session XII-5.30 pm to 7:30 pm Tax Deducted at Source CA Ved Jain, Past President, ICAI CA Rajeev Kahandelwal, Chairman, Webtel Electrosoft P. Ltd. Session XIII- 7.30 pm to 9.00 pm Implication of Income Computation CA Anil Sharma, and Disclosure Standards (ICDS) CA Manmohan Khemka, Samyank & Co. DAY 4 - JUNE 20, 2015 (SATURDAY) Session XIV- 2.00 pm to 2.45 pm Implication of Black Money Bill- Mr. Vikas Vasal Precautions and initiative to ensure KPMG advance compliance of Undisclosed Foreign Income and asset (imposition of tax ) Bill 2015 Session XV-2.45 pm to 3.45pm International Taxation - I CA Sanjeev Chaudhary* Member, Central Council, ICAI Session XVI- 3:45 pm to 5.00 pm International Taxation - II Mr. Sumit Gogia, Director, Deloitte Haskins & Sells LLP CA Kapil Goel Session XVII- 5.30 pm to 7.00 pm International Taxation - III CA Amitabh Singh and CA Gaurav Singhal Session XVIII-7.00 pm to 9.00 pm International Taxation - IV CA Nihar Jambusari* Transfer Pricing Member, Central Council, ICAI *Confirmations awaited To register for the Workshop For details visit www.aicas.inwww.clickrightevent.com