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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
ICAI Elections -Your Vote will make the Difference
1NOVEMBER 2015
The most crucial time for the
profession of CAs i.e. 3 yearly
elections of the Institute are
scheduled for December 4-5,
2015. How we exercise our vote
will decide future of each one of
us. The role being played by the
Elected Central Council & the
Regional Council is very crucial and
it is important to understand while
voting that We need a leadership
which takes the profession in a
right Direction, new and larger
professional opportunities are
harnessed nationally as well as internationally,we meet
various challenges as a profession and all members are
effectively, efficiently and respectfully deliver professional
services and add a highly acclaimed value to the corporate,
while being in employment.
Backdrop
The scenario in the society, economy, Industries, service
sector, international and domestic investment, technology
and regulatory frame work is changing very fast including:
Companies Act, 2013 and the rules hereunder have
recently given us a flavour of new challenges and
opportunities
International Financial Reporting Standards (IFRS)
phase 1 will be implemented in the current year ending
March 31, 2016.
The Goods &Services tax (GST) is likely to be
implemented very shortly, draft rules have started
pouring in.
The Income Tax Act is being comprehensively
modified by a Finance Minister appointed High
Powered Committee
The Economic growth is entering the phase of steep
growth momentum in next few months
Foreign Direct Investment (FDI) has recently crossed
highest record levels.
CA Vinod Jain*
Convener National Economic
Forum, Former Chairman BoS
and Member Central Council
Institute of Chartered
Accountants of India
Need of the Hour
In the above backdrop, the CA profession will have to
play a very crucial role not only in implementation of the
new laws but also in giving shape to new projects,
implement new regulations, establish controls, arrange
resources and to provide a strong footing for sustained
growth of business in India.
Creditbility and glory of the profession is
being tarnished by ulterior motives. A
strategic move is important to address this.
Role of Central Council
The Central Council is the top most policy making
governing body of the Institute which takes crucial
decision, actions and initiatives in respect of:
Education, training and examination of students
Development of specialised skills and capacity building
among members
Rejuvenation of senior members in the current
framework and update them comprehensively.
Setting up of Accounting Standards and Auditing
standards
To monitor quality of professional services and
prosecute erring members under its disciplinary
mechanism.
Auditing is core area of the profession for which it is
recognised and the goodwill of the institute and
members per se is directly attached to our
performance as auditors.
To negotiate international relationships with the
Institutes in various countries and International
Federation of Accountants(IFAC) , International
Auditing Standard Board (IASB), International
Accounting Standards Board (IASB) Confederation
of Asian Pacific Accountants (CAPA), South Asian
Federation of Accountants (SAFA), etc.
Ability to understand, appreciate, plan
and respond to various issues and
challenges is very crucial.
Volume XXVI | No. 11 | November 2015
2
THE CHARTERED ACCOUNTANT WORLD
NOVEMBER 2015
LATEST IN FINANCE
2
1.0 Jan Dhan Bank Accounts gain currency with
` 400 crore daily transactions
The transaction volumes have been significant,
as indicated by the RuPay debit cards linked to
the accounts.The daily transactions have crossed
` 20 lakh as indicated by the card usage with the
average transaction size being 2,000 totalling to
` 400 Crore per day.
2.0 Government opens door for Private Airport
Developers
In a major boost to private airport developers,
the Union Government will continue to encourage
airport development through the Public- Private
Partnership (PPP) Model. Airports Authority of
India (AAI) will closely monitor the cost of
airports built through the PPP route.
3.0 NHAI to bridge Road Projects Funding Gap
The Cabinet Committee of Economic Affairs
(CCEA) decided to extend a one-time dispensation
for funds infusion by NHAI into such under-
construction build, operate and transfer or (toll)
highway projects announced earlier to stranded
BOT (annuity) projects also.
National Authority of India loan will carry an
interest of 9.75% (bank rate plus 2%).NHAI will
have the first charge on the receivables (toll/
annuity) once these projects are completed.
4.0 WorldBankmaintains7.5%GDPgrowthinFY16
The World Bank has maintained its growth
forecast for India at 7.5 per cent for 2015-16,
but marginally lowered the projections for 2016-
17 and 2017-18 to 7.8 per cent and 7.9 per cent,
respectively.
5.0 Non Residents given access to National
Pension Scheme
The Reserve Bank of India allowed Non Resident
Indians to subscribe to the national pension
scheme, governed and administered by the
Pension Fund Regulatory and Development
Authority, in a move which will allow non-
residents access to old-age income security.
6.0 Exempted PFs told to pay for investment
blunders
Employees’ Provident Fund Organisation has
warned exempted provident funds that losses
LATEST IN FINANCE
arising out of wrong investment decisions have
to be compensated by the manangement.
7.0 Food Ministry for Production Linked Subsidy
to sugarcane farmers
For holistic development of the sugar sector, the
Food Ministry has proposed direct payment of
`47.50 per quintal to growers out of total cane
price of ` 230 per quintal as production
subsidyfor 2015-16 seasons.
8.0 Foreign Ancillary Firms Plan in defence
sector- a new opportunity
Many foreign ancillary firms that supply defence
components to big manufacturers are moving to
set up base in the country, eyeing the thousands
of crores of opportunity that is set to open soon
with government raising foreign investment limit
for the sector and finalising an offset policy.
9.0 Major incentive in Export from India Scheme
The Commerce Ministry has expanded the ambit
of its Merchandise Exports from India Scheme
(MEIS) to boost export of key products such as
textiles, telecom and electronic items.
Under the MEIS, the government provides
exporters duty credit scrip at 2%, 3% and 5% of
their export turnover, depending upon the
product and the country, as envisaged in the
foreign trade policy 2015-20. The scrip can be
transferred or used for payment of a number of
duties, including the basic customs duty.
Exports which used to get duty benefits only for
a few countries–would be entitled to global
support. Similarly, higher support has been granted
to certain categories of products, manufactured
by MSMEs.
10.0 Patent rule changes on anvil
The Indian Patent Amendments (Amendment
Rules), 2015 released by the Department of
Industrial Policy and Promotion (DIPP) seeks to
fast-track the patent application and processing
procedure, and clarifies the manner in which
certain information and supporting drawings are
to be furnished. Stake holders have 30 days to
give their feed back. The rules, however, do not
touch substantive parts of the law — the demands
from pharma MNCs for the removal of Section
3(d), the extra filter for patentability, have not
been met. While some quarters allege that Section
3
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
NOVEMBER 2015
EDITORIAL/LATEST IN FINANCE
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
3(d) is a TRIPS-plus provision, India has long
maintained that it is meant to prevent
‘evergreening’ of patents by way of incremental
changes sans therapeutic value, and is fully in
conformity with the Trade Related Aspects of
Intellectual Property Rights (TRIPS) .
Expedited examination is also available when the
applicant or his assignee or prospective
manufacturerhas already started manufacturing
of the invention in India, or has undertaken that
the manufacturing shall commence within 2 years
from the grant of patent.
Professional development-new
opportunities, managing competition
and most importantly ensuring that
the image of the profession and
respect for the professionals gains
strength.
To represent the profession on various key
decision making committees of SEBI, Ministry
of Corporate Affairs, Central Board of Direct
Taxes, Central Board of Excise & Customs
To represent on International Forums like World
bank, Securities Exchange Commission,
multilateral and bilateral agencies and foreign
GovernmentThe Regional Councils play a very
important role
Vision and a focused approach is a must
for playing a meaning full role with the
Government and international bodies.
Role of Regional Council
In continuing education of members by
organising professional update programs on
contemporary topics in a practical manner-
Quality of elected leaders will decide
quality of the profession
Dealing with Registrar of Companies- identifying
issues, providing practical solutions, taking up
system related issues and guiding members to
solve them.
In case of Taxation, there are large numbers of
issues bringing harassment as well as system
related issues- the Regional Council needs to take
regular action on all such professional issues.
To understand day to day problems of the
CharteredAccountants profession in practise and
in industry and to play hand holding role,
organising practical workshops, providing
professional updates in atimely, purpose-full and
............from Pg. 1
ICAI elections -Your Vote will make the
Difference
EDITORIAL in depth manner, explaining implications of the
new developments.
A practical outlook and deep understanding of
all the subject related issues is amust in our
Regional Council Representatives.
Just sending e-mail updates as a
candidate seeking election may not
be enough. High Quality updates
coming from some of the potential
candidates are needed to be
institutionalised through Regional
Council and Central Council.
A regular active interaction between Institute and
members will add great value to meet
expectations of members as well as users of our
services and stakeholders.
How will you choose?
It is important to elect highly competent and
seasoned professionals for Central Council. It is
important to examine their commitment, past
contributions, level of understanding and
capabilities of facing severe challenges.
Technical knowledge, presentation skill and ability
to take up issues strongly are a must.
The regional council candidates should be a mix
of young and experienced, should have the
professional capabilities, ability and commitment
to give time
Understanding deep minute details of practical
professional issues both for members in industry
as well as members in practise is most important
The learned Chartered Accountants can-not vote
based on personal connection, parties,and get
together or other extraneous factors as the
correct selection shall directly benefit your own
future. Let us all meet the candidates, have free
and frank discussions, understand their
capabilities and commitments and also study
carefully their credentials, their academic record
and most importantly to check theirand most importantly to check theirand most importantly to check theirand most importantly to check theirand most importantly to check their
confidential reference whileconfidential reference whileconfidential reference whileconfidential reference whileconfidential reference while
undertaking due diligence.undertaking due diligence.undertaking due diligence.undertaking due diligence.undertaking due diligence.
4
THE CHARTERED ACCOUNTANT WORLD
NOVEMBER 2015
FOREIGN DIRECT INVESTMENT
Review of Foreign Direct Investment (FDI)
policy on various sectors
1. Construction Development sector
Following changes have been made in the FDI
policy on Construction Development sector:
Conditions of area restriction of floor area in
construction development projects and minimum
capitalization have been removed.
Each phase of the construction development
project would be considered as a separate project
for the purposes of FDI policy.
A foreign investor will be permitted to exit and
repatriate foreign investment before the completion
of project under automatic route, provided that a
lock-in-period of three years, calculated with
reference to each tranche of foreign investment
has been completed.
Further, transfer of stake from one non-resident
to another non resident, without repatriation of
investment will neither be subject to any lock-in
period nor to any government approval.
Nonetheless, exit is permitted at any time if project
or trunk infrastructure is completed before the
lock-in period.
FDI is not permitted in an entity which is engaged
or proposes to engage in real estate business.
Condition of lock-in period will not apply to Hotels
&Tourist Resorts, Hospitals, Special Economic
Zones (SEZs), Educational Institutions, Old Age
Homes and investment by NRIs
100% FDI under automatic route is permitted in
completed projects for operation and management
of townships, malls/ shopping complexes and
business centres.
Consequent to foreign investment, transfer of
ownership and/or control of the investee company
from residents to non-residents is also permitted.
However, there would be a lock-in-period of three
years, calculated with reference to each tranche
of FDI, and transfer of immovable property or
part thereof is not permitted during this period.
“Transfer”, in relation to FDI policy on the sector,
includes,—
(a) the sale, exchange or relinquishment of the asset
; or
(b) the extinguishment of any rights therein ; or
(c)the compulsory acquisition thereof under any
law ; or
(d)any transaction involving the allowing of the
possession of any immovable property to be taken
or retained in part performance of a contract of
the nature referred to in section 53A of the Transfer
of Property Act, 1882 (4 of 1882) ; or
(e) any transaction, by acquiring shares in a
company or by way of any agreement or any
arrangement or in any other manner whatsoever,
which has the effect of transferring, or enabling
the enjoyment of, any immovable property.
2. Defence Sector
The following changes have inter-alia been brought
in the FDI policy on this sector:
Foreign investment up to 49% will be under
automatic route.
Portfolio investment and investment by FVCIs will
be allowed up to permitted automatic route level
of 49%.
Proposals for foreign investment in excess of 49%
will be considered by Foreign Investment
Promotion Board (FIPB).
In case of infusion of fresh foreign investment
within the permitted automatic route level, resulting
in change in the ownership pattern or transfer of
stake by existing investor to new foreign investor,
Government approval will be required.
3. Broadcasting Sector
Sector/ Activity New Cap and Route
Terrestrial Broadcasting 49%Government
FM (FM Radio), Route
Up-linking of ‘News &
Government route Current
Affairs’ TV Channels
Up-linking of Non-‘News 100%
& Current Affairs’ Automatic
TV Channels Route
Down-linking of
TV Channels
4. Special Dispensation for NRIs
Non-Resident Indians (NRIs) have special
dispensation for investment in construction
development and civil aviation sector. Further,
investment made by Non-Resident Indians under
schedule 4 of FEMA (Transfer or issue of Security
by Persons Resident Outside India) Regulations is
deemed to be domestic investment at par with the
investment made by residents.
5
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
NOVEMBER 2015
FOREIGN DIRECT INVESTMENT
The special dispensation of NRIs has now been
also extended to companies, trusts and partnership
firms, which are incorporated outside India and
are owned and controlled by NRIs. Henceforth,
such entities owned and controlled by NRIs will
be treated at par with NRIs for investment in India.
5. Banking Sector
Government has decided to introduce full
fungibility of foreign investment in Banking- Private
sector. Accordingly, FIIs/FPIs/QFIs, following
due procedure, can now invest up to sectoral limit
of 74%, provided that there is no change of control
and management of the investee company.
6. Plantation Sector
In addition to tea plantation, other plantation
activities namely; coffee, rubber, cardamom , palm
oil tree and olive oil tree plantations also for 100%
foreign investment. Foreign investment in the
plantation sector would henceforth be under
automatic route.
7. Manufacturers- E-commerce without
Government Approval
It has been decided that a manufacturer will be
permitted to sell its product through wholesale
and/or retail, including through e-commerce
without Government approval.
8. SINGLE BRAND RETAILTRADING
8.1 High Tech Retail- Single Brand
To provide opportunity to such single brand
entities, it has been decided that in case of ‘state-
of-art’ and ‘cutting edge technology’ sourcing
norms can be relaxed subject to Government
approval.
8.2 E-commerce Single Brand
It has been decided that an entity which has been
granted permission to undertake Single Brand Retail
Trading will be permitted to undertake ecommerce
activities.
8.3 Indian Brands
It has been clarified that Indian brands are equally
eligible for undertaking SBRT. It has been decided
that certain conditions of the FDI policy on the
sector namely; products to be sold under the same
brand internationally and investment by non-
resident entity/ entities as the brand owner or under
legally tenable agreement with the brand owner,
will not be made applicable in case of FDI in Indian
brands.
8.4 Indian Brand- Manufacturer- FDI- Single
Brand
An Indian manufacturer is permitted to sell its own
branded products in any manner i.e. wholesale,
retail, including through e-commerce platforms.
For the purposes of FDI Policy Indian
manufacturer would be the investee company,
which is the owner of the Indian brand and which
manufactures in India, in terms of value, at least
70% of its products in house, and sources, at most
30% from other Indian manufacturers.
8.5 Duty Free Shops
100% FDI is now permitted under automatic route
in Duty Free Shops located and operated in the
Customs bonded areas.
9.0 Same entity to carry out both wholesale and
single brand retail trading
“Same entity to carry out both wholesale and single
brand retail trading” has been permitted subject to
FDI compliance in each case.
10. FDI in LLPs
FDI policy on Limited Liability Partnerships (LLP)
has been amended to provide that investments in
LLPs will not require Government approval. 100%
FDI is now permitted under the automatic route
in LLPs operating in sectors/activities where 100%
FDI is allowed, through the automatic route and
there are no FDI-linked performance conditions.
Further, the terms ‘ownership and ‘control’ with
reference to LLPs have also been defined.
11. Downstream Investment by LLPs
It has been decided that in line with companies, an
LLP having foreign investment will be permitted
to make downstream investment in another
company or LLP in sectors in which 100% FDI is
allowed under the automatic route and there are
no FDI-linked performance conditions. Further,
for the purposes of FDI policy, the term ‘internal
accruals’ has also been defined.
12. The Regional Air Transport Service
The Regional Air Transport Service will also be
eligible for foreign investment upto 49% under
Automatic Route.
13. Satellites
Establishment and operation have been placed
under the automatic route.
14. Investment Company - SPV
It has now been decided that for infusion of foreign
investment into an Indian company which does
6
THE CHARTERED ACCOUNTANT WORLD
NOVEMBER 2015
CORPORATE LAWS / CAPITAL MARKET
not have any operations and also does not have
any downstream investments, Government
approval would not be required.
15. Establishment and Transfer of Ownership and
Control of Indian Companies
As per the FDI policy establishment and ownership
or control of the Indian company in sectors/
activities with caps requires Government approval.
This provision has now been amended to provide
that approval of the Government will be required
if the company concerned is operating in sectors/
activities which are under Government approval
route rather than capped sectors.
16. Swap of Shares- No Approval
No approval of the Government is required for
investment in automatic route sectors by way of
swap of shares.
FIPB Approval Limit
It has been decided that the threshold limit for FIPB
approval may be increased to `5000 crore.
CORPORATE LAWS
1.0 Trade marks are not for hoarding
The Supreme Court stated last week that a
company cannot claim the right to a trade mark
if it registers the name but does not use it for a
long time. It would be assumed that the company,
by its lethargic conduct, had abandoned its right
Neon Laboratories Ltd. vs. Medical Technologies Ltd.
2.0 SC asks Governments to junk Old Labour Cases
The government should not refer the grievance
of an employee to the labour court if the
complaint is made after a long lapse of time and
has become ‘stale’. The government has the
power to refer a dispute to a labour court but
even if the employee has a valid grievance, “a
right not exercised for a long time is non-existent,”
the Supreme Court stated in its judgment.
The judgment stated the law of limitation does
not apply to industrial disputes. Still, as a matter
of “sound public policy”, old cases should be ignored.
Prabhakar vs Joint Director
3.0 Insurer to pay interest on damages
The Rajasthan High Court has ruled that an
insurance company would be liable to pay interest
on delayed payment from the date of industrial
accident besides the amount of compensation
under the Workman’s Compensation Act.
National Insurance Co. vs Smt. Raju Bhai
4.0 Govt doubles bonus eligibility ceiling
Now, all employees earning up to ` 21,000 a
month will be eligible for bonuses, compared with
the earlier cut-off of ` 10,000 a month. The
government has also decided to raise the ceiling
for calculation of bonus from ` 3,500 a month
to ` 7,000 per month.
This implies, if an employee is earning a salary
of up to ` 7,000 per month, he or she is entitled
to get a bonus on his or her entire salary or wage.
However, if the salary is between ` 7,000 and
` 21,000 a month, the payable bonus will be
calculated by considering the salary at ` 7,000 a
month.
5.0 Authorities can cancel tenders
The Supreme Court has quashed the Delhi High
Court order and upheld the cancellation of the
tender by South Delhi Municipal Corporation for
civil works stating that the corporation, “being
the custodian of public finance, took its decision
objectively with bona fide intention to serve the
best interest of the public in general. It has not
committed any wrong in cancelling its earlier
tender notice and ordering e-tender afresh.
CAPITAL MARKET
1.0 Mandatory dividend policy for listed firms
The Securities and Exchange Board of India
would require listed companies as well as those
looking to get listed through the Initial Public
Offering (IPO) route to state the circumstances
under which their shareholders can or cannot
expect a payout.
2.0 IPO Prospectus &Application trimmed to 5 pages
Key Points
1. Abridged prospectus, including the
application form, cannot exceed five sheets.
It has often been felt that investors find it
difficult to get the key information from bulky
documents.
2. The order in which items appear in the
abridged prospectus shall be as specified by
SEBI. The application form shall be so
positioned that on the tearing-off of the
application form, no part of the information
given in the abridged prospectus is mutilated.
3. The information which is of generic nature
and not specific to the issuer would need to
7
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
NOVEMBER 2015
CAPITAL MARKET/ DIRECT/INDIRECT TAXATION
be brought out in the form of a General
Information Document (GID).
3.0 SEBI: Major Streamlining in Process of Public
issue of Equity Shares and Convertibles
To reduce the time taken for listing after the
closure of issue to 6 working days as against the
present requirement of 12 working days, and
To broad-base the reach of investors by
substantially enhancing the points for submission
of applications.
All the investors applying in a public issue shall
use only Application Supported by Blocked
Amount (ASBA) facility for making payment i.e.
just writing their bank account numbers and
authorising the banks to make payment in case
of allotment by signing the application forms, thus
obviating the need of writing the cheques.
In addition to the Self Certified Syndicate Banks
(SCSBs), Syndicate Members and Registered
Brokers of Stock Exchanges, the Registrars to
an Issue and Share Transfer Agents (RTAs) and
Depository Participants (DPs) registered with
SEBI are now permitted to accept application
forms (both physical as well as online) in public
issues
4.0 Major Opportunities for Depository
Participants
The RTAs and DPs shall provide their contact
details, where the application forms shall be
collected by them, to the recognized stock
exchanges by November 30, 2015 as per the
format.
Processing of Applications by Intermediaries
Intermediaries accepting the application forms
shall be responsible for uploading the bid along
with other relevant details in application forms
on the electronic bidding system of stock
exchange(s) and submitting the form to SCSBs.
Alerts by Stock Exchanges
Similar to the systems prevalent in case of
secondary market transactions, the stock
exchanges shall develop the systems to facilitate
the investors to view the status of their public
issue applications on their websites and sending
the details of applications and allotments through
SMS and E-mail alerts to the investors
DIRECT/INDIRECT TAXATION
1.0 Indirect Tax Mop up Surges 36.8% in Oct
Indirect tax collections grew 36.8% in October
led by a surge in revenue from excise Duty. The
Collections continue to suggest a healthy growth
in the underlying tax base.
2.0 Swachh bharat cess of 0.5% on taxable
services
The government will impose a Swachh Bharat
cess of 0.5% on all services presently liable for
services tax, with effect from November 15.
3.0 CBEC revises arrest, prosecution norms
The Central Board of Excise and Customs
(CBEC) has revised the monetary limits for arrest
and its guidelines for prosecution in matters
relating to offences punishable under Customs,
Central Excise and Service Tax laws.
Arrest in respect of an offence should be effected
only in exceptional situations where
thevalueofthegoodsinvolvedis` 20lakhormore,
smuggling of high value goods such as
precious metals,
restricted items or prohibited items,
wilful misdeclaration in description of goods,
concealment of goods where the value of
such goods is ` 1 Crore or more.
Fraudulent availment of duty drawback etc.
FINANCIAL INDICATORS
CurrentRate* PreviousMonth 3 Month ago 6 Month ago
3 Month LIBOR (%) 0.3671 0.3206 0.3116 0.2799
SENSEX 25482.52 26904.11 28101.72 27507.3
NIFTY 7731.8 8143.6 8525.6 8325.25
CRR (%) 4 4 4 4
REPO (%) 6.75 6.75 7.25 7.5
REVERSE REPO (%) 5.75 5.75 6.25 6.5
Gold (per 10 gm) 25184 26568 24761 26914
Silver (per kg) 33754 36560 34020 37664
Crude (USD/bbl) 44.55 49.95 48.74 59.24
` vs USD 66.1138 64.7260 63.759 63.8495
` vs Euro 70.3914 73.5999 69.8799 71.5114
` vs 100 Yen 53.63 53.86 51.22 53.25
` vs RMB 10.3840 10.2596 10.2689 10.3321
` vs Pound 100.5128 99.2962 98.7563 98.4687
MCX Aluminium (per kg) 96.1 103.85 99 118.6
MCX Copper (per kg) 306.05 336.55 328.1 408.65
*As on November 18, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
8
THE CHARTERED ACCOUNTANT WORLD
NOVEMBER 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 : 18th
November, 2015
R.N.I. No. 50796/90
Posting Date: 20th
-21st
November, 2015
Registration No. DL(c)-01/1268/2015-17
Licenced to post without prepayment No. U-(C)-82/2015-17
8
4.0 Exporters entitled to twin excise rebates
An exporter is entitled to rebate in excise duty both
on the inputs and on the manufactured product,
when excise duty is paid on a manufactured product
and also on the inputs. The Supreme Court stated
so while allowing several appeals by exporters.
6.0 Credit can be taken on basis of invoices
addressed to assessee or endorsed in his favour
The High Court of Madras held that credit of duty-
paid returned goods can be allowed only if invoice
is in name of person availing credit or invoice is
endorsed in favour of assessee; credit cannot be
taken on invoice in name of a third party.
Automotive Coaches & Components Ltd. v. CCE, Puducherry
Commissionerate [2015] 62 taxmann.com 28
5.0 Service provider liable if employee embezzles money
The National Commission held that misappropriation
of funds by an employee of an organisation does
not absolve the legal and financial liability of the
organisation.
Mamta and Hari Prasad vs. Postal Authorities, M.P.
7.0 No search proceedings against client due to
seizure of CA’s hard disk containing ITR data
of client
The hard disk recovered from computer belonging
to CA during search on CA’s premises containing
workings supporting client’s ITR filing cannot be
said to “belong to the client”. Therefore, section
153C cannot be invoked against the client based on
such seized hard disk. Merely because the data
pertained to the client, the hard disk seized from CA
cannot be said to belong to the client
Commissioner of Income Tax.-7 v. RRJ Securities Ltd. [2015]
62 taxmann.com 391
8.0 Advances received for job work couldn’t be held
as deemed dividend
The Supreme Court of India dismissed Special Leave
Petition against High Court’s ruling that advances
received by assessee - shareholder under an
agreement to do job work for company could not
be treated as deemed dividend.
CIT-I v. Amrik Singh [2015] 62 taxmann.com 213

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ICAI Elections -Your Vote will make the Difference

  • 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 ICAI Elections -Your Vote will make the Difference 1NOVEMBER 2015 The most crucial time for the profession of CAs i.e. 3 yearly elections of the Institute are scheduled for December 4-5, 2015. How we exercise our vote will decide future of each one of us. The role being played by the Elected Central Council & the Regional Council is very crucial and it is important to understand while voting that We need a leadership which takes the profession in a right Direction, new and larger professional opportunities are harnessed nationally as well as internationally,we meet various challenges as a profession and all members are effectively, efficiently and respectfully deliver professional services and add a highly acclaimed value to the corporate, while being in employment. Backdrop The scenario in the society, economy, Industries, service sector, international and domestic investment, technology and regulatory frame work is changing very fast including: Companies Act, 2013 and the rules hereunder have recently given us a flavour of new challenges and opportunities International Financial Reporting Standards (IFRS) phase 1 will be implemented in the current year ending March 31, 2016. The Goods &Services tax (GST) is likely to be implemented very shortly, draft rules have started pouring in. The Income Tax Act is being comprehensively modified by a Finance Minister appointed High Powered Committee The Economic growth is entering the phase of steep growth momentum in next few months Foreign Direct Investment (FDI) has recently crossed highest record levels. CA Vinod Jain* Convener National Economic Forum, Former Chairman BoS and Member Central Council Institute of Chartered Accountants of India Need of the Hour In the above backdrop, the CA profession will have to play a very crucial role not only in implementation of the new laws but also in giving shape to new projects, implement new regulations, establish controls, arrange resources and to provide a strong footing for sustained growth of business in India. Creditbility and glory of the profession is being tarnished by ulterior motives. A strategic move is important to address this. Role of Central Council The Central Council is the top most policy making governing body of the Institute which takes crucial decision, actions and initiatives in respect of: Education, training and examination of students Development of specialised skills and capacity building among members Rejuvenation of senior members in the current framework and update them comprehensively. Setting up of Accounting Standards and Auditing standards To monitor quality of professional services and prosecute erring members under its disciplinary mechanism. Auditing is core area of the profession for which it is recognised and the goodwill of the institute and members per se is directly attached to our performance as auditors. To negotiate international relationships with the Institutes in various countries and International Federation of Accountants(IFAC) , International Auditing Standard Board (IASB), International Accounting Standards Board (IASB) Confederation of Asian Pacific Accountants (CAPA), South Asian Federation of Accountants (SAFA), etc. Ability to understand, appreciate, plan and respond to various issues and challenges is very crucial. Volume XXVI | No. 11 | November 2015
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD NOVEMBER 2015 LATEST IN FINANCE 2 1.0 Jan Dhan Bank Accounts gain currency with ` 400 crore daily transactions The transaction volumes have been significant, as indicated by the RuPay debit cards linked to the accounts.The daily transactions have crossed ` 20 lakh as indicated by the card usage with the average transaction size being 2,000 totalling to ` 400 Crore per day. 2.0 Government opens door for Private Airport Developers In a major boost to private airport developers, the Union Government will continue to encourage airport development through the Public- Private Partnership (PPP) Model. Airports Authority of India (AAI) will closely monitor the cost of airports built through the PPP route. 3.0 NHAI to bridge Road Projects Funding Gap The Cabinet Committee of Economic Affairs (CCEA) decided to extend a one-time dispensation for funds infusion by NHAI into such under- construction build, operate and transfer or (toll) highway projects announced earlier to stranded BOT (annuity) projects also. National Authority of India loan will carry an interest of 9.75% (bank rate plus 2%).NHAI will have the first charge on the receivables (toll/ annuity) once these projects are completed. 4.0 WorldBankmaintains7.5%GDPgrowthinFY16 The World Bank has maintained its growth forecast for India at 7.5 per cent for 2015-16, but marginally lowered the projections for 2016- 17 and 2017-18 to 7.8 per cent and 7.9 per cent, respectively. 5.0 Non Residents given access to National Pension Scheme The Reserve Bank of India allowed Non Resident Indians to subscribe to the national pension scheme, governed and administered by the Pension Fund Regulatory and Development Authority, in a move which will allow non- residents access to old-age income security. 6.0 Exempted PFs told to pay for investment blunders Employees’ Provident Fund Organisation has warned exempted provident funds that losses LATEST IN FINANCE arising out of wrong investment decisions have to be compensated by the manangement. 7.0 Food Ministry for Production Linked Subsidy to sugarcane farmers For holistic development of the sugar sector, the Food Ministry has proposed direct payment of `47.50 per quintal to growers out of total cane price of ` 230 per quintal as production subsidyfor 2015-16 seasons. 8.0 Foreign Ancillary Firms Plan in defence sector- a new opportunity Many foreign ancillary firms that supply defence components to big manufacturers are moving to set up base in the country, eyeing the thousands of crores of opportunity that is set to open soon with government raising foreign investment limit for the sector and finalising an offset policy. 9.0 Major incentive in Export from India Scheme The Commerce Ministry has expanded the ambit of its Merchandise Exports from India Scheme (MEIS) to boost export of key products such as textiles, telecom and electronic items. Under the MEIS, the government provides exporters duty credit scrip at 2%, 3% and 5% of their export turnover, depending upon the product and the country, as envisaged in the foreign trade policy 2015-20. The scrip can be transferred or used for payment of a number of duties, including the basic customs duty. Exports which used to get duty benefits only for a few countries–would be entitled to global support. Similarly, higher support has been granted to certain categories of products, manufactured by MSMEs. 10.0 Patent rule changes on anvil The Indian Patent Amendments (Amendment Rules), 2015 released by the Department of Industrial Policy and Promotion (DIPP) seeks to fast-track the patent application and processing procedure, and clarifies the manner in which certain information and supporting drawings are to be furnished. Stake holders have 30 days to give their feed back. The rules, however, do not touch substantive parts of the law — the demands from pharma MNCs for the removal of Section 3(d), the extra filter for patentability, have not been met. While some quarters allege that Section
  • 3. 3 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY NOVEMBER 2015 EDITORIAL/LATEST IN FINANCE ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY 3(d) is a TRIPS-plus provision, India has long maintained that it is meant to prevent ‘evergreening’ of patents by way of incremental changes sans therapeutic value, and is fully in conformity with the Trade Related Aspects of Intellectual Property Rights (TRIPS) . Expedited examination is also available when the applicant or his assignee or prospective manufacturerhas already started manufacturing of the invention in India, or has undertaken that the manufacturing shall commence within 2 years from the grant of patent. Professional development-new opportunities, managing competition and most importantly ensuring that the image of the profession and respect for the professionals gains strength. To represent the profession on various key decision making committees of SEBI, Ministry of Corporate Affairs, Central Board of Direct Taxes, Central Board of Excise & Customs To represent on International Forums like World bank, Securities Exchange Commission, multilateral and bilateral agencies and foreign GovernmentThe Regional Councils play a very important role Vision and a focused approach is a must for playing a meaning full role with the Government and international bodies. Role of Regional Council In continuing education of members by organising professional update programs on contemporary topics in a practical manner- Quality of elected leaders will decide quality of the profession Dealing with Registrar of Companies- identifying issues, providing practical solutions, taking up system related issues and guiding members to solve them. In case of Taxation, there are large numbers of issues bringing harassment as well as system related issues- the Regional Council needs to take regular action on all such professional issues. To understand day to day problems of the CharteredAccountants profession in practise and in industry and to play hand holding role, organising practical workshops, providing professional updates in atimely, purpose-full and ............from Pg. 1 ICAI elections -Your Vote will make the Difference EDITORIAL in depth manner, explaining implications of the new developments. A practical outlook and deep understanding of all the subject related issues is amust in our Regional Council Representatives. Just sending e-mail updates as a candidate seeking election may not be enough. High Quality updates coming from some of the potential candidates are needed to be institutionalised through Regional Council and Central Council. A regular active interaction between Institute and members will add great value to meet expectations of members as well as users of our services and stakeholders. How will you choose? It is important to elect highly competent and seasoned professionals for Central Council. It is important to examine their commitment, past contributions, level of understanding and capabilities of facing severe challenges. Technical knowledge, presentation skill and ability to take up issues strongly are a must. The regional council candidates should be a mix of young and experienced, should have the professional capabilities, ability and commitment to give time Understanding deep minute details of practical professional issues both for members in industry as well as members in practise is most important The learned Chartered Accountants can-not vote based on personal connection, parties,and get together or other extraneous factors as the correct selection shall directly benefit your own future. Let us all meet the candidates, have free and frank discussions, understand their capabilities and commitments and also study carefully their credentials, their academic record and most importantly to check theirand most importantly to check theirand most importantly to check theirand most importantly to check theirand most importantly to check their confidential reference whileconfidential reference whileconfidential reference whileconfidential reference whileconfidential reference while undertaking due diligence.undertaking due diligence.undertaking due diligence.undertaking due diligence.undertaking due diligence.
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD NOVEMBER 2015 FOREIGN DIRECT INVESTMENT Review of Foreign Direct Investment (FDI) policy on various sectors 1. Construction Development sector Following changes have been made in the FDI policy on Construction Development sector: Conditions of area restriction of floor area in construction development projects and minimum capitalization have been removed. Each phase of the construction development project would be considered as a separate project for the purposes of FDI policy. A foreign investor will be permitted to exit and repatriate foreign investment before the completion of project under automatic route, provided that a lock-in-period of three years, calculated with reference to each tranche of foreign investment has been completed. Further, transfer of stake from one non-resident to another non resident, without repatriation of investment will neither be subject to any lock-in period nor to any government approval. Nonetheless, exit is permitted at any time if project or trunk infrastructure is completed before the lock-in period. FDI is not permitted in an entity which is engaged or proposes to engage in real estate business. Condition of lock-in period will not apply to Hotels &Tourist Resorts, Hospitals, Special Economic Zones (SEZs), Educational Institutions, Old Age Homes and investment by NRIs 100% FDI under automatic route is permitted in completed projects for operation and management of townships, malls/ shopping complexes and business centres. Consequent to foreign investment, transfer of ownership and/or control of the investee company from residents to non-residents is also permitted. However, there would be a lock-in-period of three years, calculated with reference to each tranche of FDI, and transfer of immovable property or part thereof is not permitted during this period. “Transfer”, in relation to FDI policy on the sector, includes,— (a) the sale, exchange or relinquishment of the asset ; or (b) the extinguishment of any rights therein ; or (c)the compulsory acquisition thereof under any law ; or (d)any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53A of the Transfer of Property Act, 1882 (4 of 1882) ; or (e) any transaction, by acquiring shares in a company or by way of any agreement or any arrangement or in any other manner whatsoever, which has the effect of transferring, or enabling the enjoyment of, any immovable property. 2. Defence Sector The following changes have inter-alia been brought in the FDI policy on this sector: Foreign investment up to 49% will be under automatic route. Portfolio investment and investment by FVCIs will be allowed up to permitted automatic route level of 49%. Proposals for foreign investment in excess of 49% will be considered by Foreign Investment Promotion Board (FIPB). In case of infusion of fresh foreign investment within the permitted automatic route level, resulting in change in the ownership pattern or transfer of stake by existing investor to new foreign investor, Government approval will be required. 3. Broadcasting Sector Sector/ Activity New Cap and Route Terrestrial Broadcasting 49%Government FM (FM Radio), Route Up-linking of ‘News & Government route Current Affairs’ TV Channels Up-linking of Non-‘News 100% & Current Affairs’ Automatic TV Channels Route Down-linking of TV Channels 4. Special Dispensation for NRIs Non-Resident Indians (NRIs) have special dispensation for investment in construction development and civil aviation sector. Further, investment made by Non-Resident Indians under schedule 4 of FEMA (Transfer or issue of Security by Persons Resident Outside India) Regulations is deemed to be domestic investment at par with the investment made by residents.
  • 5. 5 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY NOVEMBER 2015 FOREIGN DIRECT INVESTMENT The special dispensation of NRIs has now been also extended to companies, trusts and partnership firms, which are incorporated outside India and are owned and controlled by NRIs. Henceforth, such entities owned and controlled by NRIs will be treated at par with NRIs for investment in India. 5. Banking Sector Government has decided to introduce full fungibility of foreign investment in Banking- Private sector. Accordingly, FIIs/FPIs/QFIs, following due procedure, can now invest up to sectoral limit of 74%, provided that there is no change of control and management of the investee company. 6. Plantation Sector In addition to tea plantation, other plantation activities namely; coffee, rubber, cardamom , palm oil tree and olive oil tree plantations also for 100% foreign investment. Foreign investment in the plantation sector would henceforth be under automatic route. 7. Manufacturers- E-commerce without Government Approval It has been decided that a manufacturer will be permitted to sell its product through wholesale and/or retail, including through e-commerce without Government approval. 8. SINGLE BRAND RETAILTRADING 8.1 High Tech Retail- Single Brand To provide opportunity to such single brand entities, it has been decided that in case of ‘state- of-art’ and ‘cutting edge technology’ sourcing norms can be relaxed subject to Government approval. 8.2 E-commerce Single Brand It has been decided that an entity which has been granted permission to undertake Single Brand Retail Trading will be permitted to undertake ecommerce activities. 8.3 Indian Brands It has been clarified that Indian brands are equally eligible for undertaking SBRT. It has been decided that certain conditions of the FDI policy on the sector namely; products to be sold under the same brand internationally and investment by non- resident entity/ entities as the brand owner or under legally tenable agreement with the brand owner, will not be made applicable in case of FDI in Indian brands. 8.4 Indian Brand- Manufacturer- FDI- Single Brand An Indian manufacturer is permitted to sell its own branded products in any manner i.e. wholesale, retail, including through e-commerce platforms. For the purposes of FDI Policy Indian manufacturer would be the investee company, which is the owner of the Indian brand and which manufactures in India, in terms of value, at least 70% of its products in house, and sources, at most 30% from other Indian manufacturers. 8.5 Duty Free Shops 100% FDI is now permitted under automatic route in Duty Free Shops located and operated in the Customs bonded areas. 9.0 Same entity to carry out both wholesale and single brand retail trading “Same entity to carry out both wholesale and single brand retail trading” has been permitted subject to FDI compliance in each case. 10. FDI in LLPs FDI policy on Limited Liability Partnerships (LLP) has been amended to provide that investments in LLPs will not require Government approval. 100% FDI is now permitted under the automatic route in LLPs operating in sectors/activities where 100% FDI is allowed, through the automatic route and there are no FDI-linked performance conditions. Further, the terms ‘ownership and ‘control’ with reference to LLPs have also been defined. 11. Downstream Investment by LLPs It has been decided that in line with companies, an LLP having foreign investment will be permitted to make downstream investment in another company or LLP in sectors in which 100% FDI is allowed under the automatic route and there are no FDI-linked performance conditions. Further, for the purposes of FDI policy, the term ‘internal accruals’ has also been defined. 12. The Regional Air Transport Service The Regional Air Transport Service will also be eligible for foreign investment upto 49% under Automatic Route. 13. Satellites Establishment and operation have been placed under the automatic route. 14. Investment Company - SPV It has now been decided that for infusion of foreign investment into an Indian company which does
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD NOVEMBER 2015 CORPORATE LAWS / CAPITAL MARKET not have any operations and also does not have any downstream investments, Government approval would not be required. 15. Establishment and Transfer of Ownership and Control of Indian Companies As per the FDI policy establishment and ownership or control of the Indian company in sectors/ activities with caps requires Government approval. This provision has now been amended to provide that approval of the Government will be required if the company concerned is operating in sectors/ activities which are under Government approval route rather than capped sectors. 16. Swap of Shares- No Approval No approval of the Government is required for investment in automatic route sectors by way of swap of shares. FIPB Approval Limit It has been decided that the threshold limit for FIPB approval may be increased to `5000 crore. CORPORATE LAWS 1.0 Trade marks are not for hoarding The Supreme Court stated last week that a company cannot claim the right to a trade mark if it registers the name but does not use it for a long time. It would be assumed that the company, by its lethargic conduct, had abandoned its right Neon Laboratories Ltd. vs. Medical Technologies Ltd. 2.0 SC asks Governments to junk Old Labour Cases The government should not refer the grievance of an employee to the labour court if the complaint is made after a long lapse of time and has become ‘stale’. The government has the power to refer a dispute to a labour court but even if the employee has a valid grievance, “a right not exercised for a long time is non-existent,” the Supreme Court stated in its judgment. The judgment stated the law of limitation does not apply to industrial disputes. Still, as a matter of “sound public policy”, old cases should be ignored. Prabhakar vs Joint Director 3.0 Insurer to pay interest on damages The Rajasthan High Court has ruled that an insurance company would be liable to pay interest on delayed payment from the date of industrial accident besides the amount of compensation under the Workman’s Compensation Act. National Insurance Co. vs Smt. Raju Bhai 4.0 Govt doubles bonus eligibility ceiling Now, all employees earning up to ` 21,000 a month will be eligible for bonuses, compared with the earlier cut-off of ` 10,000 a month. The government has also decided to raise the ceiling for calculation of bonus from ` 3,500 a month to ` 7,000 per month. This implies, if an employee is earning a salary of up to ` 7,000 per month, he or she is entitled to get a bonus on his or her entire salary or wage. However, if the salary is between ` 7,000 and ` 21,000 a month, the payable bonus will be calculated by considering the salary at ` 7,000 a month. 5.0 Authorities can cancel tenders The Supreme Court has quashed the Delhi High Court order and upheld the cancellation of the tender by South Delhi Municipal Corporation for civil works stating that the corporation, “being the custodian of public finance, took its decision objectively with bona fide intention to serve the best interest of the public in general. It has not committed any wrong in cancelling its earlier tender notice and ordering e-tender afresh. CAPITAL MARKET 1.0 Mandatory dividend policy for listed firms The Securities and Exchange Board of India would require listed companies as well as those looking to get listed through the Initial Public Offering (IPO) route to state the circumstances under which their shareholders can or cannot expect a payout. 2.0 IPO Prospectus &Application trimmed to 5 pages Key Points 1. Abridged prospectus, including the application form, cannot exceed five sheets. It has often been felt that investors find it difficult to get the key information from bulky documents. 2. The order in which items appear in the abridged prospectus shall be as specified by SEBI. The application form shall be so positioned that on the tearing-off of the application form, no part of the information given in the abridged prospectus is mutilated. 3. The information which is of generic nature and not specific to the issuer would need to
  • 7. 7 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY NOVEMBER 2015 CAPITAL MARKET/ DIRECT/INDIRECT TAXATION be brought out in the form of a General Information Document (GID). 3.0 SEBI: Major Streamlining in Process of Public issue of Equity Shares and Convertibles To reduce the time taken for listing after the closure of issue to 6 working days as against the present requirement of 12 working days, and To broad-base the reach of investors by substantially enhancing the points for submission of applications. All the investors applying in a public issue shall use only Application Supported by Blocked Amount (ASBA) facility for making payment i.e. just writing their bank account numbers and authorising the banks to make payment in case of allotment by signing the application forms, thus obviating the need of writing the cheques. In addition to the Self Certified Syndicate Banks (SCSBs), Syndicate Members and Registered Brokers of Stock Exchanges, the Registrars to an Issue and Share Transfer Agents (RTAs) and Depository Participants (DPs) registered with SEBI are now permitted to accept application forms (both physical as well as online) in public issues 4.0 Major Opportunities for Depository Participants The RTAs and DPs shall provide their contact details, where the application forms shall be collected by them, to the recognized stock exchanges by November 30, 2015 as per the format. Processing of Applications by Intermediaries Intermediaries accepting the application forms shall be responsible for uploading the bid along with other relevant details in application forms on the electronic bidding system of stock exchange(s) and submitting the form to SCSBs. Alerts by Stock Exchanges Similar to the systems prevalent in case of secondary market transactions, the stock exchanges shall develop the systems to facilitate the investors to view the status of their public issue applications on their websites and sending the details of applications and allotments through SMS and E-mail alerts to the investors DIRECT/INDIRECT TAXATION 1.0 Indirect Tax Mop up Surges 36.8% in Oct Indirect tax collections grew 36.8% in October led by a surge in revenue from excise Duty. The Collections continue to suggest a healthy growth in the underlying tax base. 2.0 Swachh bharat cess of 0.5% on taxable services The government will impose a Swachh Bharat cess of 0.5% on all services presently liable for services tax, with effect from November 15. 3.0 CBEC revises arrest, prosecution norms The Central Board of Excise and Customs (CBEC) has revised the monetary limits for arrest and its guidelines for prosecution in matters relating to offences punishable under Customs, Central Excise and Service Tax laws. Arrest in respect of an offence should be effected only in exceptional situations where thevalueofthegoodsinvolvedis` 20lakhormore, smuggling of high value goods such as precious metals, restricted items or prohibited items, wilful misdeclaration in description of goods, concealment of goods where the value of such goods is ` 1 Crore or more. Fraudulent availment of duty drawback etc. FINANCIAL INDICATORS CurrentRate* PreviousMonth 3 Month ago 6 Month ago 3 Month LIBOR (%) 0.3671 0.3206 0.3116 0.2799 SENSEX 25482.52 26904.11 28101.72 27507.3 NIFTY 7731.8 8143.6 8525.6 8325.25 CRR (%) 4 4 4 4 REPO (%) 6.75 6.75 7.25 7.5 REVERSE REPO (%) 5.75 5.75 6.25 6.5 Gold (per 10 gm) 25184 26568 24761 26914 Silver (per kg) 33754 36560 34020 37664 Crude (USD/bbl) 44.55 49.95 48.74 59.24 ` vs USD 66.1138 64.7260 63.759 63.8495 ` vs Euro 70.3914 73.5999 69.8799 71.5114 ` vs 100 Yen 53.63 53.86 51.22 53.25 ` vs RMB 10.3840 10.2596 10.2689 10.3321 ` vs Pound 100.5128 99.2962 98.7563 98.4687 MCX Aluminium (per kg) 96.1 103.85 99 118.6 MCX Copper (per kg) 306.05 336.55 328.1 408.65 *As on November 18, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD NOVEMBER 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 : 18th November, 2015 R.N.I. No. 50796/90 Posting Date: 20th -21st November, 2015 Registration No. DL(c)-01/1268/2015-17 Licenced to post without prepayment No. U-(C)-82/2015-17 8 4.0 Exporters entitled to twin excise rebates An exporter is entitled to rebate in excise duty both on the inputs and on the manufactured product, when excise duty is paid on a manufactured product and also on the inputs. The Supreme Court stated so while allowing several appeals by exporters. 6.0 Credit can be taken on basis of invoices addressed to assessee or endorsed in his favour The High Court of Madras held that credit of duty- paid returned goods can be allowed only if invoice is in name of person availing credit or invoice is endorsed in favour of assessee; credit cannot be taken on invoice in name of a third party. Automotive Coaches & Components Ltd. v. CCE, Puducherry Commissionerate [2015] 62 taxmann.com 28 5.0 Service provider liable if employee embezzles money The National Commission held that misappropriation of funds by an employee of an organisation does not absolve the legal and financial liability of the organisation. Mamta and Hari Prasad vs. Postal Authorities, M.P. 7.0 No search proceedings against client due to seizure of CA’s hard disk containing ITR data of client The hard disk recovered from computer belonging to CA during search on CA’s premises containing workings supporting client’s ITR filing cannot be said to “belong to the client”. Therefore, section 153C cannot be invoked against the client based on such seized hard disk. Merely because the data pertained to the client, the hard disk seized from CA cannot be said to belong to the client Commissioner of Income Tax.-7 v. RRJ Securities Ltd. [2015] 62 taxmann.com 391 8.0 Advances received for job work couldn’t be held as deemed dividend The Supreme Court of India dismissed Special Leave Petition against High Court’s ruling that advances received by assessee - shareholder under an agreement to do job work for company could not be treated as deemed dividend. CIT-I v. Amrik Singh [2015] 62 taxmann.com 213