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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
1JULY 2016
CAVinod Jain*
Convener National Economic
Forum, Former Chairman BoS
and Member Central Council
Institute of Chartered
Accountants of India
Volume XXVI | No. 07 | July 2016
INCOME DECLARATION SCHEME
A time to come clean
The IDS scheme announced by the
government is open till 30th
September, 2016. It is an important
opportunity and the government has
committed to not to seek any details
or source of money earned and
assets created once disclosed in
terms of the scheme.
No details about the income or tax
so paid will be disclosed to any
other person and not even to the
tax department officials. The
effective tax rate can even be lower as compared to normal
maximum marginal rate.No details about the income or tax
so paid will be disclosed to any other person and not even
to the tax department officials.
The government need to consider removing all
apprehensions in the mind of persons coming out clean
and may permit:-
 Extending the scheme to all cases under scrutiny (sec.
142 and sec. 143) or under reassessment (sec. 148)
and even raid cases (Section 153A and 153C), where
evidence of such income has not been clearly
established,in case of the declarant during the
proceedings.
 Complete immunity from all central laws including
service tax, excise, customs, SEBI, company law etc.
 Cases under investigation/survey at any stage including
long term capital gain cases, sec. 68 allegations, cases
under settlement, under appeal or under litigation in
any manner.
 To continue to treat the asset declared in the scheme a
long term asset as long term and not to restart the
period from 1st June, 2016
 The assessee can have clear option to declare cash or
assets and in case cash income is declared, usage of
such cash later for acquisition of any property duly
registered thereafter can be justified.
 The assessee not able to decide exact period of earning
need not disclose the period.
 The Benami properties can be allowed to be sold or
transferred to declarant.
 The valuation reports from approved valuers will not
be questioned later can be reaffirmed. The valuation
can be at below "circle rate" has already been permitted.
 Creditors and loans in the books can also be declared
under the scheme.
 The assessee having a cash flow issue may be permitted
to pay in quarterly installments over 30 months, with
no interest for payment as per committed time frame.
There is a demand from Non-Residents to rephrase the
word"penalty of 7.5%" to "additional tax" or "cess".
The government may also extend Dispute Resolution
Scheme to all kind of disputes pending at any stage of
litigation or settlement or arbitration and not to limit the
same to matter pending as on a particular date or those
pending before CIT Appeals. Even penalty/prosecution
cases of TDS or under any other section or stage can be
given an option to be covered by this scheme. No further
penalty or prosecution.
It is important to bring black money into main stream to
benefit the businesses, manufacturing, economy and the
society. The employment generation, infrastructure and
development can be funded from the proceeds.
The Government needs to concentrate on substantial
reduction of revenue expenditure so that overall tax
burden in future can be lower than even 25% proposed by
Finance Minister. Dividend distribution tax and high tax on
salary class also need to be addressed for participation of
all in nation building. GST will need careful handling for
smooth implementation
2
THE CHARTERED ACCOUNTANT WORLD
JULY 2016
LATEST IN FINANCE
2
LATEST IN FINANCE
1.0 Deposit norms relaxed to help startups raise
funds
In order to make it easier for startups to secure
funding, the government has exempted any
advance of more than Rs 25 lakh to a startup
from being treated as deposit provided that the
person giving the money does it in the form of
convertible note. This exemption, provided by
the Ministry of Corporate Affairs through a
notification, has only been made for companies
that could be defined as startups under the
notification issued by Department of Industrial
Policy and Promotion (DIPP).Aconvertible note
means an instrument either converted into equity
or repaid within five years from the date of
funding.
2.0 New SDR norms
The RBI released new strategic debt restructuring
norms. A few key takeaways:
 Only projects that have commenced operations
are eligible for this
 Meant for large accounts where the aggregate
exposure is more than Rs 500 crore
 Promoter and management will have to be
necessarily removed if any intentional
wrongdoing on their part is established
 Lenders will have to present resolution plan
to an external committee and get it approved
 These new norms will provide a breather to
both banks and promoters
3.0 Govt launches new initiative to skill
workforce for jobs abroad
Pravasi Kaushal Vikas Yojana (PKVY) will train
and certify Indian workforce keen on overseas
employment in select sector, in line with
international standards. It will be implemented
by the National Skill Development Corporation
(NSDC) through its training partners.
4.0 NRIs can join NPS online
The government has now allowed Non-Resident
Indians (NRIs) to open accounts under the
National Pension System online. "NRIs can now
open NPS Accounts online if they have Aadhaar
Card or PAN card," said the Finance Ministry,
adding that the facility will be available for both a
repatriable and non-repatriable basis.
5.0 Patent Office issues guidelines for start-ups
As per the guidelines, a start-up willing to file a
patent application for an invention will have to
select a facilitator, who would help in preparing
the request and also assess the patentability of
the invention as per acts and rules, the Controller
General Patents, Designs and Trademarks said
in a public notice.The office has also released a
list of about 280 facilitators in such regard.
The government has decided to bear the entire
cost of facilitation for filing of patents, trademarks
and designs.
6.0 FDI rules eased further
In single-brand retail, the government has
amended the rules to exempt investors from the
mandatory domestic sourcing of 30 per cent
inputs for three years and for a further five years
for retailers selling products with 'state-of-art'
and 'cutting-edge' technology.
7.0 Airlines fly abroad - liberalised
Now, any domestic airline can fly abroad if it
deploys 20 planes or 20 per cent of its total
capacity for domestic operations, whichever is
higher.
8.0 Pre-2005 banknotes can be exchanged only
at select RBI offices
The facility for exchanging pre-2005 banknotes
will be available only at select offices of the
Reserve Bank of India from July 1, 2016, the
Reserve bank said in a statement.
9.0 Govt sets mine transfer charge at 80% of
royalty
Government has notified that any company that
wants to transfer ownership of its non-auctioned
captive mines will have to pay the equivalent to
80 per cent of the royalty to the respective state
government.
10.0 India Post Payments Bank to be a reality
India Post Payments Bank (IPPB) will be set up
with 100 per cent government equity. The Cabinet
approved a proposal in this respect.
11.0 New panel likely to set interest rate in next
monetary policy
In a sweeping change, government enforced a
law for setting up a broad-based, 6-member
3
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
JULY 2016
LATEST IN FINANCE / CAPITAL MARKET
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
In order to make the registration process of new
non-banking finance companies smoother and
hassle-free, the Reserve Bank of India has revised
the application form for registration of these
companies and the checklist of documents to be
submitted.The number of documents to be
submitted by NBFC applicants has been reduced
from the existing set of 45 documents to seven to
eight in the revised process, the Reserve bank said
in a statement.
 The first type (Type-I) will be a NBFC-ND not
accepting public funds/not intending to accept
public funds in the future and not having customer
interface/ not intending to have customer interface
in the future.
 "Public funds" include funds raised either
directly or indirectly through public deposits,
commercial paper, debentures, inter-corporate
deposits and bank finance but excludes funds
raised through issue of instruments compulsorily
convertible into equity shares within a period not
exceeding 10 years from the date of issue.
 "Customer interface" means interaction between the
NBFC and its customers while carrying on its
business.
 The second type (Type-II) will be NBFC-ND
accepting public funds/ intending to accept public
funds in the future and/or having customer interface/
intending to have customer interface in the future
 The RBI said processing of cases for Type-I of
NBFC-ND applicants would be on fast track mode.
As these companies will not have access to public
funds and will not have customer interface, they
will be subjected to less intensive scrutiny/ due
diligence.
 In case Type-I companies intend to avail public
funds or intend to have customer interface in the
future, they are required to take approval from the
Reserve Bank of India, Department of Non-Banking
Regulation.
RBI simplifies registration process for new NBFCs
committee that is likely to decide on interest rate
at the next monetary policy inAugust. 3 members
will be nominated by government and 3 from
RBI, RBI Governor as a chairman will have a
casting vote in case of a tie.
12.0 Mineral exploration- policy initiative
100 GSI-surveyed mineral blocks to be up for
grabs for private explorers, including foreign
ones, in 8-9 months
Once the resources are found and estimated,
explorers will return the blocks to govt
Govt will auction off the explored blocks to end
users, who will pay a fraction of royalty to
explorers over 50-year mining lease period
CAPITAL MARKET
1.0 Sebi issues stricter KYC, disclosure regime
for Participatory Notes
Under the new norms, all the users of Overseas
Derivative Instruments (ODIs) would have to
follow Indian KYC and AML (Anti Money
Laundering) Regulations, irrespective of their
jurisdictions, while the ODI issuers will be
required to file suspicious transaction reports, if
any, with the Indian Financial Intelligence Unit
(FIU).
2.0 SEBI to ease norms for REITs
SEBI proposed to relax norms governing Real
Estate Investment Trusts (REITs) in a bid to
make them more attractive. The proposed
changes include allowing a larger number of
sponsors and removing the investment
restrictions on special purpose vehicles.
SEBI is also expected to suggest rationalising
compliance in related-party transaction
requirements, aligning minimum public
shareholding requirements with the Securities
Contract Regulations Rules, and raising the
investment cap in under-construction assets to
20 per cent.
3.0 Sebi ban on wilful defaulters may hit PE, VC-
backed players
According to the SEBI notification on wilful
defaulters, the issuer cannot make a public issue
of shares, debt securities or non-convertible
redeemable preference shares if the company or
its promoters or directors figure on the list of
wilful defaulters. Any company or its promoters
and directors categorised as wilful defaulters are
not allowed to take control over other listed
companies. The Independent Directors are also
being issued notices to include them as willful
4
THE CHARTERED ACCOUNTANT WORLD
JULY 2016
CAPITAL MARKET / INDIRECT TAXATION
defaulters. This is completely negative and
incorrect approach.
4.0 BSE to launch new debt reporting and
settlement platform
Leading stock exchange BSE has decided to
launch a new debt platform to provide ease in
reporting and settlement of corporate bonds,
government securities, commercial paper and
certificate of deposit.
The new debt reporting and settlement platform
for Indian Corporate Debt Market (ICDM) would
facilitate online settlement functionalities such as
deal confirmation, addition of client and other
related details.
5.0 E-IPO by NSE: Two-factor authentication
To enhance security measures for investors,
leading bourse National Stock exchange (NSE)
said it will implement a two-factor authentication
for users of e-IPOs web-based application from
June 20. The exchange launched its new
electronic Initial Public Offers or e-IPO bidding
system in January.
The system has the facility of web-based log-in
through the internet, offline bid entry postmarket
hours, download facility of orders and order
history, among others.
6.0 SEBI special court to come up in national
capital
To fast track proceedings and ensure timely
disposal of cases filed by capital market regulator
SEBI , a special court is in the process of being
set up in the national capital.
7.0 Electronic book mechanism for issuance of
debt securities on private placement basis
SEBI has issued a circular dated April 21, 2016,
wherein the use of an Electronic Book
Mechanism (EBM) has been made mandatory
from July 01, 2016 for issuance of debt securities
on private placement basis in the primary market
with an issue size of Rs. 500 crores and above,
inclusive of the green shoe option.
8.0 Sovereign gold bonds to trade under 'G' group
Sovereign gold bonds will begin trading on the
stock exchanges for the first time from June 13.
The scheme was announced by the government
on October 30, 2015. These bonds are issued by
the RBI on behalf of the government.The
minimum investment size in the secondary market
will be as low as 1 gm. The tenure of the bond is
eight years with an exit option from fifth year to
be exercised on the interest payment dates.The
bonds will carry an interest rate of 2.75 per cent
(fixed rate) per annum on the amount of initial
investment. Interest is to be paid half-yearly and
the last interest will be payable on maturity, along
with the principal.The product is accompanied
with few beneficial tax features.
INDIRECT TAXATION
1.0 Visit outlets only on tax evasion information:
CBEC to officials
Revenue department has directed excise officials
to visit readymade garment retail outlets or chains
only when they have specific inputs regarding
duty evasion and that too after the approval of
senior officers. Branded garments are subjected
to 2% Excise duty without CENVAT on a
turnover more than Rs 1.5 crores.
2.0 CBEC to use SEBs - AIR to detect tax evasion
According to a CBEC notification issued earlier
this year, the SEBs are required to file annual
information returns (AIRs) under sub-section (1)
of section 15A of the Central Excise Act on the
electricity consumed by manufacturing units
using induction furnace or rolling mill and whose
aggregate (annual) value of clearances exceeds
Rs 1.5 crore.
The boards need to file the AIRs pertaining to a
particular financial year by June 30 in the
subsequent year. The idea, of course, is to cross-
check information provided by the assessees and
ascertain if they under-reported production to
evade/under-pay excise duty and/or service tax.
3.0 Excise registration and return for First Stage
Dealer and Importer
An assessee who conducts business both as a
First Stage Dealer and an Importer, henceforth
shall also have the option of filing a single quarterly
return under a single registration.
4.0 Service tax cannot be charged from Buyers
of under-construction flats
The Delhi High Court has said that home buyers
cannot be charged service tax on payments made
towards purchase of under construction
apartments from builders if the total value of the
apartment includes the land value. However,
5
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
JULY 2016
INDIRECT & DIRECT TAXATION
service tax can still be levied on preferential
location charges (PLC) that builders charge from
buyers.
If the developer has already collected service tax,
buyers would be refunded the amount with 6%
rate of interest by the revenue department of the
government of India.
5.0 In cases where stay application is pending
before commissioner (Appeals) or CESTAT for
periods prior to 06.08.2014, no recovery shall
be made during the pendency of the stay
application
As measure of liberalization and to ensure
uniformity of practice, it is hereby directed that
recovery proceeding in relation to an order of
Hon'ble High Court or Tribunal confirming
demand of duty, may be initiated only after a
period of sixty days from the date of order
of Hon'ble Tribunal or Hon'ble High Court or
Hon'ble Supreme Court against the order of
Hon'ble Tribunal or Hon'ble High Court ,
respectively.
6.0 Krishi cess on Service Tax not applicable if
invoice generated before May 31
In a bid to end confusion over retrospective
applicability of new Krishi Kalyan Cess, the
government has stated that the 0.5 per cent tax
will not apply on services whose invoice had been
issued on or before May 31.
DIRECT TAXATION
1.0 CBDT notifies rules for calculating assets' fair
market value
The tax department notified rules for calculating
'fair market value' of assets located in India in
case of indirect transfer by multi-national
companies for the purpose of levying tax.
2.0 CBDT provides TDS exemption
The seven transactions specified for the TDS
exemption are bank guarantee commission; cash
management service, depository charges for
maintenance of DEMAT accounts; charges for
warehousing services for commodities;
underwriting service charges; clearing charges
(MICR) including interchange fee and credit card
or debit card commission for transaction between
merchant establishment and acquirer bank.
3.0 CBDT clears the air on tax collection at
source
 TCS will apply only to cash components of
Rs. 2 lakh or more, not on full sale amount
 No TCS on cash payment of less than Rs 2
lakh
 Rules apply irrespective of size of sale
consideration
4.0 1 per cent tax to be levied on car purchase
via cash
Central Board of Direct Taxes (CBDT) has
clarified that car dealers have to collect TCS on
every motor vehicle sale to individuals where
payment exceeds Rs 10 lakh or there is a cash
payment of over Rs 2 lakh.
5.0 CBDT notifies foreign tax credit rules
To provide respite from double taxation to Indian
companies having income abroad, the government
notified rules allowing companies to claim credit
for taxes paid abroad.
The rules, to come into effect from April 1, 2017,
will allow taxpayers to claim credit of foreign
tax under dispute once it is finally settled.
6.0 Taxpayers can now file a new 'e-nivaran' form
In order to ensure quick redressal of taxpayer
grievances, the Income Tax department will soon
launch a new form called 'e-nivaran' on the lines
of the ITR form to take care of issues related to
refunds etc.
The one-page form will seek the taxpayers name,
Permanent Account Number (PAN), mobile
number and email at the time of filing so that the
resolution is automatically informed to the
individual.
It also provides space for explaining the
grievance in detail by either mentioning the
Assessment Year (in case of individual) or the
Financial Year (in case of deductor).
7.0 TDS from non residents
A new rule regarding relaxation from deduction
of tax at higher rate under section 206AA has
been inserted (1) In the case of a non-resident,
not being a company, or a foreign company
(hereafter referred to as 'the deductee') and not
having permanent account number, the higher rate
of 20% shall not apply in respect of payments in
6
THE CHARTERED ACCOUNTANT WORLD
JULY 2016
DIRECT TAXATION/ CORPORATE LAWS
the nature of interest, royalty, fees for technical
services and payments on transfer of any capital
asset, if the deductee furnishes the details and
the documents specified in sub-rule (2) to the
deductor including contact details, tax
identification number or any other unique
identification number in the country of residence.
8.0 No cancellation of trust's registration due to
commercial receipts above Rs 25 lakhs
The High Court of Bombay held that in view of
CBDT's Circular No.21/2016 dated 27-5-2016,
Registration of a trust can't be cancelled merely
because receipts from commercial activities
exceed Rs.25Lakhs unless there is change in the
nature of its activities or its activities are not
genuine.
Director of Income-tax (Exemptions) v. Khar
Gymkhana.[2016] 70 taxmann.com 181
9.0 Sum received by a beneficiary from trust
couldn't be held as gift; not taxable as income
from other sources
ITAT Bangalore Bench held that where it was
accepted that trust as such did not have a persona
different or distinct from that of beneficiary,
amount received by assessee as a beneficiary
from trusts could not be said to be received
without consideration and hence could not have
been taxed under section 56(2)(vi).
Mrs. Sharon Nayakv. Deputy Commissioner of Income-
tax, Circle-5(1), Bangalore.[2016] 70 taxmann.com 185
10.0 New rules to soften GAAR
The government has amended income-tax rules
to end the uncertainty over the General Anti-
Avoidance Rules. GAAR will not apply to foreign
institutional investors (FIIs) with respect to
income from transfer of investment made before
April 1, 2017, clearly saying that it will be in force
prospectively.
11.0 Indian money in swiss banks declines 32%
The Swiss central bank showed Indian money in
Swiss banks down from 1,776 million Swiss
Franc (CHF) in 2014 to 1,207 million in 2015, a
32% decline. In Indian rupees, at the current
exchange rate of about Rs 69 to a Franc, the
decline is from Rs 12,300 crore to Rs 8,340
crore.The deposits had hit a recent peak of CHF
2025 million in 2011.
12.0 Initial AY is the first year in which sec. 80-IA
relief is claimed and not a year in which
eligible business commences
ITAT Visakhapatnam Bench held that in order to
claim deduction under section 80-IA, initial
assessment year would mean first year opted by
assessee for claiming deduction and not year in
which eligible business was commenced.
Devi Seafoods Ltd.v.Joint Commissioner of Income-tax,
Range-3, Visakhapatnam.[2016] 70 taxmann.com 57
13.0 FATCA reporting: financial bodies get relief
The timeline for review of pre-existing
individual account has been extended to
December 31.
CORPORATE LAW
1.0 Labour draft code to include more union
leaders
According to the latest proposal in the draft,
which has been sent to the law ministry for
vetting, for every 10% of a unit's workers as its
members, a union will have a representative to
negotiate on disputes with the management.
2.0 No fee for Udyog Aadhar
The government clarified that that there is no fee
for registration of Medium Small & Micro
Enterprises (MSMEs) under the Udyog Aadhar
Memorandum. The filling of Udyog Aadhar
Memorandum can be done only on the portal
created by the Ministry.
3.0 Govt notifies setting up of company law
tribunal
The government has notified the setting up of
the National Company Law Tribunal (NCLT) and
National Company Law Appellate Tribunal
(NCLAT). This will comes into effect from June
1,2016. The Corporate Affairs Ministry (MCA)
will soon come out with the final rules.
Retired judge M M Kumar would be the president
of NCLT and retired judge S J Mukhopadhaya
would take over as chairman of National
Company LawAppellate Tribunal. Initially, NCLT
will have 11 benches - two at New Delhi and one
each at Ahmedabad, Allahabad, Bengaluru,
Chandigarh, Chennai, Guwahati, Hyderabad,
Kolkata and Mumbai.
7
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
JULY 2016
CORPORATE LAWS / FEMA / INSURANCE
FINANCIAL INDICATORS
CurrentRate* PreviousMonth 3 Month ago 6 Month ago
3 Month LIBOR (%) 0.66 0.66 0.63 0.61
SENSEX 27,707.42 26440.60 24900.63 24825.04
NIFTY 8,491.65 8122.15 7614.35 7563.85
CRR (%) 4 4 4 4
REPO (%) 6.50 6.50 6.50 6.75
REVERSE REPO (%) 6.00 6.00 6.00 5.75
Gold (per 10 gm) 31,564 30320 29131 26071
Silver (per kg) 48,075 41093 36671 33481
Crude (USD/bbl) 44.81 48.57 39.72 32.9
````` vs USD 67.14 67.07 66.47 66.92
````` vs Euro 74.11 75.51 75.9 72.77
````` vs 100 Yen 65.89 63.32 61.04 56.78
````` vs RMB 10.04 10.17 10.32 10.16
````` vs Pound 86.91 95.12 94.04 97.28
MCX Aluminium (per kg) 110.45 105.50 101.10 99.05
MCX Copper (per kg) 322.05 303.70 308.20 297.20
*As on July 11, 2016 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
4.0 Centre allows premature closure of PPF
account
In a significant move, the Finance Ministry has
allowed subscribers of the Public Provident Fund
(PPF) to prematurely close their accounts after
a minimum of five years for reasons such as
higher education or expenditure towards medical
treatment.
5.0 Centre allows premature closure of PPF
account
In a significant move, the Finance Ministry has
allowed subscribers of the Public Provident Fund
(PPF) to prematurely close their accounts after
a minimum of five years for reasons such as
higher education or expenditure towards medical
treatment.
6.0 Defence Agents Out of Shadows but have to
walk with riders
Foreign entities have been allowed to engage
agents for defence deals under a strict set of
conditions, which includes giving defence
ministry access to company accounts.
The policy outlines seven specific conditions for
employing agents. This includes a clause that they
would not be engaged to manipulate contracts or
indulge in unethical practices.
Besides access to financial documents, no fees
linked to the progress of the contract would
be allowed. Also an annual report on payments
made and full disclosure of past payments
will have to be submitted to the defence
ministry.
FEMA / INSURANCE
1.0 IRDA mulls introducing 'Title Insurance'
Aiming to provide cover to people in case of
defective property titles and related issues,
Insurance Regulator IRDAI is considering
to introduce a new product in India, 'Title
Insurance'.
2.0 Government clarify FDI policy for private
security agencies
Foreign investors in companies that provide
armoured car services or train private security
guards will have to comply with the 49 per cent
Foreign Direct Investment (FDI) cap, the
government has clarified, ending ambiguity over
whether such firms could be considered as
logistics providers.
A stringent framework for private security
agencies, in line with the home ministry's
definition of such entities, has been put in
place in the annual FDI compendium published
by the Department of Industrial Policy &
Promotion.
3.0 With 100% FDI, foreign airlines can expect
to soar
The Centre has decided to allow 100 per cent
Foreign Direct Investment (FDI) in domestic
airlines, but the catch is that foreign airlines can
hold only up to 49 per cent in such ventures (the
balance can be held by a foreign body that is not
an airline).
While foreign investment up to 49 per cent will
be under the automatic route, beyond it would
require government approval.
The Centre also decided to allow 100 per cent
FDI under the automatic route for brownfield
airport projects. Earlier, under the automatic
route, 100 per cent FDI was permitted in
greenfield projects and 74 per cent in brownfield
projects.
8
THE CHARTERED ACCOUNTANT WORLD
JULY 2016
 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
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If undelivered, please return to :
All India CharteredAccountants’Society
4696, Brij Bhawan 21A,Ansari Road,
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Date of Printing : 14th
July, 2016
R.N.I. No. 50796/90
Posting Date: 14/15 July, 2016
Registration No. DL(c)-01/1268/2015-17
Licenced to post without prepayment No. U-(C)-82/2015-17
8
4.0 Defence: greater clarity on 'control & ownership'
Foreign investment beyond 49 per cent and upto
100% has now been permitted through the
government approval route, in cases resulting in
access to modern technology in the country or for
other reasons to be recorded. The condition of access
to 'state-of-art' technology in the country has been
done away with. The FDI limit for defence sector
has also been made applicable to the manufacturing
of small arms and ammunitions, covered underArms
Act, 1959. No technology desclosure to any third
party can be ensured in such cases.
5.0 Additional subvention of 3% for those farmers
that pay back their loans on time
Under the interest subvention scheme, farmers get
the short-term loan of up to Rs 3 lakh for a period
of one year at an interest rate of 7%. Those repaying
on time get the loan at 4%.
PRIVATISATION OFEDUCATION
SECTOR - THERE ISANEED?
The society need to debate as to whether government needs
to permit private companies to undertake education at
school level and for higher education. The current
compulsion of a society or a trust can be done away with
and an option can be provided for profit motive education
sector. The private sector can be mandated to provide
33% seats for weaker section of the society. No tax
concession and land at market rates. Even world Class
University can be permitted in private sector. This can be
coupled with an Education regulator and national level
cenralised examination Boards for all major qualifications.
The government also needs to heavily invest in effective
and efficient education in a big way to ensure skill building
for all sections of the society, in a competitive manner.
EDITORIAL

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INCOME DECLARATION SCHEME A time to come clean

  • 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 1JULY 2016 CAVinod Jain* Convener National Economic Forum, Former Chairman BoS and Member Central Council Institute of Chartered Accountants of India Volume XXVI | No. 07 | July 2016 INCOME DECLARATION SCHEME A time to come clean The IDS scheme announced by the government is open till 30th September, 2016. It is an important opportunity and the government has committed to not to seek any details or source of money earned and assets created once disclosed in terms of the scheme. No details about the income or tax so paid will be disclosed to any other person and not even to the tax department officials. The effective tax rate can even be lower as compared to normal maximum marginal rate.No details about the income or tax so paid will be disclosed to any other person and not even to the tax department officials. The government need to consider removing all apprehensions in the mind of persons coming out clean and may permit:-  Extending the scheme to all cases under scrutiny (sec. 142 and sec. 143) or under reassessment (sec. 148) and even raid cases (Section 153A and 153C), where evidence of such income has not been clearly established,in case of the declarant during the proceedings.  Complete immunity from all central laws including service tax, excise, customs, SEBI, company law etc.  Cases under investigation/survey at any stage including long term capital gain cases, sec. 68 allegations, cases under settlement, under appeal or under litigation in any manner.  To continue to treat the asset declared in the scheme a long term asset as long term and not to restart the period from 1st June, 2016  The assessee can have clear option to declare cash or assets and in case cash income is declared, usage of such cash later for acquisition of any property duly registered thereafter can be justified.  The assessee not able to decide exact period of earning need not disclose the period.  The Benami properties can be allowed to be sold or transferred to declarant.  The valuation reports from approved valuers will not be questioned later can be reaffirmed. The valuation can be at below "circle rate" has already been permitted.  Creditors and loans in the books can also be declared under the scheme.  The assessee having a cash flow issue may be permitted to pay in quarterly installments over 30 months, with no interest for payment as per committed time frame. There is a demand from Non-Residents to rephrase the word"penalty of 7.5%" to "additional tax" or "cess". The government may also extend Dispute Resolution Scheme to all kind of disputes pending at any stage of litigation or settlement or arbitration and not to limit the same to matter pending as on a particular date or those pending before CIT Appeals. Even penalty/prosecution cases of TDS or under any other section or stage can be given an option to be covered by this scheme. No further penalty or prosecution. It is important to bring black money into main stream to benefit the businesses, manufacturing, economy and the society. The employment generation, infrastructure and development can be funded from the proceeds. The Government needs to concentrate on substantial reduction of revenue expenditure so that overall tax burden in future can be lower than even 25% proposed by Finance Minister. Dividend distribution tax and high tax on salary class also need to be addressed for participation of all in nation building. GST will need careful handling for smooth implementation
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD JULY 2016 LATEST IN FINANCE 2 LATEST IN FINANCE 1.0 Deposit norms relaxed to help startups raise funds In order to make it easier for startups to secure funding, the government has exempted any advance of more than Rs 25 lakh to a startup from being treated as deposit provided that the person giving the money does it in the form of convertible note. This exemption, provided by the Ministry of Corporate Affairs through a notification, has only been made for companies that could be defined as startups under the notification issued by Department of Industrial Policy and Promotion (DIPP).Aconvertible note means an instrument either converted into equity or repaid within five years from the date of funding. 2.0 New SDR norms The RBI released new strategic debt restructuring norms. A few key takeaways:  Only projects that have commenced operations are eligible for this  Meant for large accounts where the aggregate exposure is more than Rs 500 crore  Promoter and management will have to be necessarily removed if any intentional wrongdoing on their part is established  Lenders will have to present resolution plan to an external committee and get it approved  These new norms will provide a breather to both banks and promoters 3.0 Govt launches new initiative to skill workforce for jobs abroad Pravasi Kaushal Vikas Yojana (PKVY) will train and certify Indian workforce keen on overseas employment in select sector, in line with international standards. It will be implemented by the National Skill Development Corporation (NSDC) through its training partners. 4.0 NRIs can join NPS online The government has now allowed Non-Resident Indians (NRIs) to open accounts under the National Pension System online. "NRIs can now open NPS Accounts online if they have Aadhaar Card or PAN card," said the Finance Ministry, adding that the facility will be available for both a repatriable and non-repatriable basis. 5.0 Patent Office issues guidelines for start-ups As per the guidelines, a start-up willing to file a patent application for an invention will have to select a facilitator, who would help in preparing the request and also assess the patentability of the invention as per acts and rules, the Controller General Patents, Designs and Trademarks said in a public notice.The office has also released a list of about 280 facilitators in such regard. The government has decided to bear the entire cost of facilitation for filing of patents, trademarks and designs. 6.0 FDI rules eased further In single-brand retail, the government has amended the rules to exempt investors from the mandatory domestic sourcing of 30 per cent inputs for three years and for a further five years for retailers selling products with 'state-of-art' and 'cutting-edge' technology. 7.0 Airlines fly abroad - liberalised Now, any domestic airline can fly abroad if it deploys 20 planes or 20 per cent of its total capacity for domestic operations, whichever is higher. 8.0 Pre-2005 banknotes can be exchanged only at select RBI offices The facility for exchanging pre-2005 banknotes will be available only at select offices of the Reserve Bank of India from July 1, 2016, the Reserve bank said in a statement. 9.0 Govt sets mine transfer charge at 80% of royalty Government has notified that any company that wants to transfer ownership of its non-auctioned captive mines will have to pay the equivalent to 80 per cent of the royalty to the respective state government. 10.0 India Post Payments Bank to be a reality India Post Payments Bank (IPPB) will be set up with 100 per cent government equity. The Cabinet approved a proposal in this respect. 11.0 New panel likely to set interest rate in next monetary policy In a sweeping change, government enforced a law for setting up a broad-based, 6-member
  • 3. 3 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY JULY 2016 LATEST IN FINANCE / CAPITAL MARKET ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY In order to make the registration process of new non-banking finance companies smoother and hassle-free, the Reserve Bank of India has revised the application form for registration of these companies and the checklist of documents to be submitted.The number of documents to be submitted by NBFC applicants has been reduced from the existing set of 45 documents to seven to eight in the revised process, the Reserve bank said in a statement.  The first type (Type-I) will be a NBFC-ND not accepting public funds/not intending to accept public funds in the future and not having customer interface/ not intending to have customer interface in the future.  "Public funds" include funds raised either directly or indirectly through public deposits, commercial paper, debentures, inter-corporate deposits and bank finance but excludes funds raised through issue of instruments compulsorily convertible into equity shares within a period not exceeding 10 years from the date of issue.  "Customer interface" means interaction between the NBFC and its customers while carrying on its business.  The second type (Type-II) will be NBFC-ND accepting public funds/ intending to accept public funds in the future and/or having customer interface/ intending to have customer interface in the future  The RBI said processing of cases for Type-I of NBFC-ND applicants would be on fast track mode. As these companies will not have access to public funds and will not have customer interface, they will be subjected to less intensive scrutiny/ due diligence.  In case Type-I companies intend to avail public funds or intend to have customer interface in the future, they are required to take approval from the Reserve Bank of India, Department of Non-Banking Regulation. RBI simplifies registration process for new NBFCs committee that is likely to decide on interest rate at the next monetary policy inAugust. 3 members will be nominated by government and 3 from RBI, RBI Governor as a chairman will have a casting vote in case of a tie. 12.0 Mineral exploration- policy initiative 100 GSI-surveyed mineral blocks to be up for grabs for private explorers, including foreign ones, in 8-9 months Once the resources are found and estimated, explorers will return the blocks to govt Govt will auction off the explored blocks to end users, who will pay a fraction of royalty to explorers over 50-year mining lease period CAPITAL MARKET 1.0 Sebi issues stricter KYC, disclosure regime for Participatory Notes Under the new norms, all the users of Overseas Derivative Instruments (ODIs) would have to follow Indian KYC and AML (Anti Money Laundering) Regulations, irrespective of their jurisdictions, while the ODI issuers will be required to file suspicious transaction reports, if any, with the Indian Financial Intelligence Unit (FIU). 2.0 SEBI to ease norms for REITs SEBI proposed to relax norms governing Real Estate Investment Trusts (REITs) in a bid to make them more attractive. The proposed changes include allowing a larger number of sponsors and removing the investment restrictions on special purpose vehicles. SEBI is also expected to suggest rationalising compliance in related-party transaction requirements, aligning minimum public shareholding requirements with the Securities Contract Regulations Rules, and raising the investment cap in under-construction assets to 20 per cent. 3.0 Sebi ban on wilful defaulters may hit PE, VC- backed players According to the SEBI notification on wilful defaulters, the issuer cannot make a public issue of shares, debt securities or non-convertible redeemable preference shares if the company or its promoters or directors figure on the list of wilful defaulters. Any company or its promoters and directors categorised as wilful defaulters are not allowed to take control over other listed companies. The Independent Directors are also being issued notices to include them as willful
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD JULY 2016 CAPITAL MARKET / INDIRECT TAXATION defaulters. This is completely negative and incorrect approach. 4.0 BSE to launch new debt reporting and settlement platform Leading stock exchange BSE has decided to launch a new debt platform to provide ease in reporting and settlement of corporate bonds, government securities, commercial paper and certificate of deposit. The new debt reporting and settlement platform for Indian Corporate Debt Market (ICDM) would facilitate online settlement functionalities such as deal confirmation, addition of client and other related details. 5.0 E-IPO by NSE: Two-factor authentication To enhance security measures for investors, leading bourse National Stock exchange (NSE) said it will implement a two-factor authentication for users of e-IPOs web-based application from June 20. The exchange launched its new electronic Initial Public Offers or e-IPO bidding system in January. The system has the facility of web-based log-in through the internet, offline bid entry postmarket hours, download facility of orders and order history, among others. 6.0 SEBI special court to come up in national capital To fast track proceedings and ensure timely disposal of cases filed by capital market regulator SEBI , a special court is in the process of being set up in the national capital. 7.0 Electronic book mechanism for issuance of debt securities on private placement basis SEBI has issued a circular dated April 21, 2016, wherein the use of an Electronic Book Mechanism (EBM) has been made mandatory from July 01, 2016 for issuance of debt securities on private placement basis in the primary market with an issue size of Rs. 500 crores and above, inclusive of the green shoe option. 8.0 Sovereign gold bonds to trade under 'G' group Sovereign gold bonds will begin trading on the stock exchanges for the first time from June 13. The scheme was announced by the government on October 30, 2015. These bonds are issued by the RBI on behalf of the government.The minimum investment size in the secondary market will be as low as 1 gm. The tenure of the bond is eight years with an exit option from fifth year to be exercised on the interest payment dates.The bonds will carry an interest rate of 2.75 per cent (fixed rate) per annum on the amount of initial investment. Interest is to be paid half-yearly and the last interest will be payable on maturity, along with the principal.The product is accompanied with few beneficial tax features. INDIRECT TAXATION 1.0 Visit outlets only on tax evasion information: CBEC to officials Revenue department has directed excise officials to visit readymade garment retail outlets or chains only when they have specific inputs regarding duty evasion and that too after the approval of senior officers. Branded garments are subjected to 2% Excise duty without CENVAT on a turnover more than Rs 1.5 crores. 2.0 CBEC to use SEBs - AIR to detect tax evasion According to a CBEC notification issued earlier this year, the SEBs are required to file annual information returns (AIRs) under sub-section (1) of section 15A of the Central Excise Act on the electricity consumed by manufacturing units using induction furnace or rolling mill and whose aggregate (annual) value of clearances exceeds Rs 1.5 crore. The boards need to file the AIRs pertaining to a particular financial year by June 30 in the subsequent year. The idea, of course, is to cross- check information provided by the assessees and ascertain if they under-reported production to evade/under-pay excise duty and/or service tax. 3.0 Excise registration and return for First Stage Dealer and Importer An assessee who conducts business both as a First Stage Dealer and an Importer, henceforth shall also have the option of filing a single quarterly return under a single registration. 4.0 Service tax cannot be charged from Buyers of under-construction flats The Delhi High Court has said that home buyers cannot be charged service tax on payments made towards purchase of under construction apartments from builders if the total value of the apartment includes the land value. However,
  • 5. 5 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY JULY 2016 INDIRECT & DIRECT TAXATION service tax can still be levied on preferential location charges (PLC) that builders charge from buyers. If the developer has already collected service tax, buyers would be refunded the amount with 6% rate of interest by the revenue department of the government of India. 5.0 In cases where stay application is pending before commissioner (Appeals) or CESTAT for periods prior to 06.08.2014, no recovery shall be made during the pendency of the stay application As measure of liberalization and to ensure uniformity of practice, it is hereby directed that recovery proceeding in relation to an order of Hon'ble High Court or Tribunal confirming demand of duty, may be initiated only after a period of sixty days from the date of order of Hon'ble Tribunal or Hon'ble High Court or Hon'ble Supreme Court against the order of Hon'ble Tribunal or Hon'ble High Court , respectively. 6.0 Krishi cess on Service Tax not applicable if invoice generated before May 31 In a bid to end confusion over retrospective applicability of new Krishi Kalyan Cess, the government has stated that the 0.5 per cent tax will not apply on services whose invoice had been issued on or before May 31. DIRECT TAXATION 1.0 CBDT notifies rules for calculating assets' fair market value The tax department notified rules for calculating 'fair market value' of assets located in India in case of indirect transfer by multi-national companies for the purpose of levying tax. 2.0 CBDT provides TDS exemption The seven transactions specified for the TDS exemption are bank guarantee commission; cash management service, depository charges for maintenance of DEMAT accounts; charges for warehousing services for commodities; underwriting service charges; clearing charges (MICR) including interchange fee and credit card or debit card commission for transaction between merchant establishment and acquirer bank. 3.0 CBDT clears the air on tax collection at source  TCS will apply only to cash components of Rs. 2 lakh or more, not on full sale amount  No TCS on cash payment of less than Rs 2 lakh  Rules apply irrespective of size of sale consideration 4.0 1 per cent tax to be levied on car purchase via cash Central Board of Direct Taxes (CBDT) has clarified that car dealers have to collect TCS on every motor vehicle sale to individuals where payment exceeds Rs 10 lakh or there is a cash payment of over Rs 2 lakh. 5.0 CBDT notifies foreign tax credit rules To provide respite from double taxation to Indian companies having income abroad, the government notified rules allowing companies to claim credit for taxes paid abroad. The rules, to come into effect from April 1, 2017, will allow taxpayers to claim credit of foreign tax under dispute once it is finally settled. 6.0 Taxpayers can now file a new 'e-nivaran' form In order to ensure quick redressal of taxpayer grievances, the Income Tax department will soon launch a new form called 'e-nivaran' on the lines of the ITR form to take care of issues related to refunds etc. The one-page form will seek the taxpayers name, Permanent Account Number (PAN), mobile number and email at the time of filing so that the resolution is automatically informed to the individual. It also provides space for explaining the grievance in detail by either mentioning the Assessment Year (in case of individual) or the Financial Year (in case of deductor). 7.0 TDS from non residents A new rule regarding relaxation from deduction of tax at higher rate under section 206AA has been inserted (1) In the case of a non-resident, not being a company, or a foreign company (hereafter referred to as 'the deductee') and not having permanent account number, the higher rate of 20% shall not apply in respect of payments in
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD JULY 2016 DIRECT TAXATION/ CORPORATE LAWS the nature of interest, royalty, fees for technical services and payments on transfer of any capital asset, if the deductee furnishes the details and the documents specified in sub-rule (2) to the deductor including contact details, tax identification number or any other unique identification number in the country of residence. 8.0 No cancellation of trust's registration due to commercial receipts above Rs 25 lakhs The High Court of Bombay held that in view of CBDT's Circular No.21/2016 dated 27-5-2016, Registration of a trust can't be cancelled merely because receipts from commercial activities exceed Rs.25Lakhs unless there is change in the nature of its activities or its activities are not genuine. Director of Income-tax (Exemptions) v. Khar Gymkhana.[2016] 70 taxmann.com 181 9.0 Sum received by a beneficiary from trust couldn't be held as gift; not taxable as income from other sources ITAT Bangalore Bench held that where it was accepted that trust as such did not have a persona different or distinct from that of beneficiary, amount received by assessee as a beneficiary from trusts could not be said to be received without consideration and hence could not have been taxed under section 56(2)(vi). Mrs. Sharon Nayakv. Deputy Commissioner of Income- tax, Circle-5(1), Bangalore.[2016] 70 taxmann.com 185 10.0 New rules to soften GAAR The government has amended income-tax rules to end the uncertainty over the General Anti- Avoidance Rules. GAAR will not apply to foreign institutional investors (FIIs) with respect to income from transfer of investment made before April 1, 2017, clearly saying that it will be in force prospectively. 11.0 Indian money in swiss banks declines 32% The Swiss central bank showed Indian money in Swiss banks down from 1,776 million Swiss Franc (CHF) in 2014 to 1,207 million in 2015, a 32% decline. In Indian rupees, at the current exchange rate of about Rs 69 to a Franc, the decline is from Rs 12,300 crore to Rs 8,340 crore.The deposits had hit a recent peak of CHF 2025 million in 2011. 12.0 Initial AY is the first year in which sec. 80-IA relief is claimed and not a year in which eligible business commences ITAT Visakhapatnam Bench held that in order to claim deduction under section 80-IA, initial assessment year would mean first year opted by assessee for claiming deduction and not year in which eligible business was commenced. Devi Seafoods Ltd.v.Joint Commissioner of Income-tax, Range-3, Visakhapatnam.[2016] 70 taxmann.com 57 13.0 FATCA reporting: financial bodies get relief The timeline for review of pre-existing individual account has been extended to December 31. CORPORATE LAW 1.0 Labour draft code to include more union leaders According to the latest proposal in the draft, which has been sent to the law ministry for vetting, for every 10% of a unit's workers as its members, a union will have a representative to negotiate on disputes with the management. 2.0 No fee for Udyog Aadhar The government clarified that that there is no fee for registration of Medium Small & Micro Enterprises (MSMEs) under the Udyog Aadhar Memorandum. The filling of Udyog Aadhar Memorandum can be done only on the portal created by the Ministry. 3.0 Govt notifies setting up of company law tribunal The government has notified the setting up of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT). This will comes into effect from June 1,2016. The Corporate Affairs Ministry (MCA) will soon come out with the final rules. Retired judge M M Kumar would be the president of NCLT and retired judge S J Mukhopadhaya would take over as chairman of National Company LawAppellate Tribunal. Initially, NCLT will have 11 benches - two at New Delhi and one each at Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai.
  • 7. 7 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY JULY 2016 CORPORATE LAWS / FEMA / INSURANCE FINANCIAL INDICATORS CurrentRate* PreviousMonth 3 Month ago 6 Month ago 3 Month LIBOR (%) 0.66 0.66 0.63 0.61 SENSEX 27,707.42 26440.60 24900.63 24825.04 NIFTY 8,491.65 8122.15 7614.35 7563.85 CRR (%) 4 4 4 4 REPO (%) 6.50 6.50 6.50 6.75 REVERSE REPO (%) 6.00 6.00 6.00 5.75 Gold (per 10 gm) 31,564 30320 29131 26071 Silver (per kg) 48,075 41093 36671 33481 Crude (USD/bbl) 44.81 48.57 39.72 32.9 ````` vs USD 67.14 67.07 66.47 66.92 ````` vs Euro 74.11 75.51 75.9 72.77 ````` vs 100 Yen 65.89 63.32 61.04 56.78 ````` vs RMB 10.04 10.17 10.32 10.16 ````` vs Pound 86.91 95.12 94.04 97.28 MCX Aluminium (per kg) 110.45 105.50 101.10 99.05 MCX Copper (per kg) 322.05 303.70 308.20 297.20 *As on July 11, 2016 (Sources: MoneyControl, NSE, BSE, RBI, MCX) 4.0 Centre allows premature closure of PPF account In a significant move, the Finance Ministry has allowed subscribers of the Public Provident Fund (PPF) to prematurely close their accounts after a minimum of five years for reasons such as higher education or expenditure towards medical treatment. 5.0 Centre allows premature closure of PPF account In a significant move, the Finance Ministry has allowed subscribers of the Public Provident Fund (PPF) to prematurely close their accounts after a minimum of five years for reasons such as higher education or expenditure towards medical treatment. 6.0 Defence Agents Out of Shadows but have to walk with riders Foreign entities have been allowed to engage agents for defence deals under a strict set of conditions, which includes giving defence ministry access to company accounts. The policy outlines seven specific conditions for employing agents. This includes a clause that they would not be engaged to manipulate contracts or indulge in unethical practices. Besides access to financial documents, no fees linked to the progress of the contract would be allowed. Also an annual report on payments made and full disclosure of past payments will have to be submitted to the defence ministry. FEMA / INSURANCE 1.0 IRDA mulls introducing 'Title Insurance' Aiming to provide cover to people in case of defective property titles and related issues, Insurance Regulator IRDAI is considering to introduce a new product in India, 'Title Insurance'. 2.0 Government clarify FDI policy for private security agencies Foreign investors in companies that provide armoured car services or train private security guards will have to comply with the 49 per cent Foreign Direct Investment (FDI) cap, the government has clarified, ending ambiguity over whether such firms could be considered as logistics providers. A stringent framework for private security agencies, in line with the home ministry's definition of such entities, has been put in place in the annual FDI compendium published by the Department of Industrial Policy & Promotion. 3.0 With 100% FDI, foreign airlines can expect to soar The Centre has decided to allow 100 per cent Foreign Direct Investment (FDI) in domestic airlines, but the catch is that foreign airlines can hold only up to 49 per cent in such ventures (the balance can be held by a foreign body that is not an airline). While foreign investment up to 49 per cent will be under the automatic route, beyond it would require government approval. The Centre also decided to allow 100 per cent FDI under the automatic route for brownfield airport projects. Earlier, under the automatic route, 100 per cent FDI was permitted in greenfield projects and 74 per cent in brownfield projects.
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD JULY 2016  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 : 14th July, 2016 R.N.I. No. 50796/90 Posting Date: 14/15 July, 2016 Registration No. DL(c)-01/1268/2015-17 Licenced to post without prepayment No. U-(C)-82/2015-17 8 4.0 Defence: greater clarity on 'control & ownership' Foreign investment beyond 49 per cent and upto 100% has now been permitted through the government approval route, in cases resulting in access to modern technology in the country or for other reasons to be recorded. The condition of access to 'state-of-art' technology in the country has been done away with. The FDI limit for defence sector has also been made applicable to the manufacturing of small arms and ammunitions, covered underArms Act, 1959. No technology desclosure to any third party can be ensured in such cases. 5.0 Additional subvention of 3% for those farmers that pay back their loans on time Under the interest subvention scheme, farmers get the short-term loan of up to Rs 3 lakh for a period of one year at an interest rate of 7%. Those repaying on time get the loan at 4%. PRIVATISATION OFEDUCATION SECTOR - THERE ISANEED? The society need to debate as to whether government needs to permit private companies to undertake education at school level and for higher education. The current compulsion of a society or a trust can be done away with and an option can be provided for profit motive education sector. The private sector can be mandated to provide 33% seats for weaker section of the society. No tax concession and land at market rates. Even world Class University can be permitted in private sector. This can be coupled with an Education regulator and national level cenralised examination Boards for all major qualifications. The government also needs to heavily invest in effective and efficient education in a big way to ensure skill building for all sections of the society, in a competitive manner. EDITORIAL