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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
CAVinod Jain*
Volume XXVI, No. 08, August, 2015
INDIAN ECONOMY
THE SHOW MUST GO ON GROWTH PADDLE
1AUGUST 2015
The monsoon session of parliament
was over without transacting any
meaningful business.In this
process, the government could not
get the constitutional amendment
passed by Rajya Sabha (Lok Sabha
has already passed the bill) to bring
Goods and Service Tax (GST) to
replace Excise, VAT and few other
indirect taxes. Even the Land
Acquisition Bill to facilitate
Industrial Development and other
public purposes was deffered on
the recommendation of the joint parliamentary comittees.
Need for consensus: The Modi government needs to
pursue pending legislations after considering opposition
views with an open mind to enable consensus on major
economic reforms. Patience, persuasion, reconciliation
and moving further on discussion informally as well as
formally with all political levels will be very important.
The ruling party needs to give adequate respect to
opposition in the real spirit and approach the issues with
statesmanship, on the lines of Sh. Atal Bihari Vajpayee.
This political diplomacy with genuine efforts can bring
very good results in medium term.
Economic Issues: The government has taken significant
Convener National Economic
Forum, Former Chairman BoS
and Member Central Council
Institute of Chartered
Accountants of India
positive policy measures very effectively and these will
surely bring positive results in long run. The government
is required to address several important issues on the
agenda diplomatically, efficiently and effectively. There
are large number of areas where subordinate legislations
(Rule making), administrative guidlines and procedures
and policy level changes can bring comprehensive growth
and movement in the Indian Economy. Some of the
suggested important areas include:-
Company Law: The government needs to exempt all
private limited companies below ` 100 Crore networth
or ` 1,000 crores turnover from most of the procedural
and compliance sections.A detailed review need to be
done by various committees. The overburdened
compliances and its costs with the fear of prosecution
on a simple non-compliance is not making it easy for the
entrepreneurs to contribute to the growth of the nation.
The governments tag ‘Ease of doing business’ is non-
starter due to such over compliances.
Taxation: The Income Tax officials need to work upon
non-tax payers instead of having a pre-notioned mind-
set that ‘higher the tax payer, higher is the evasion’.
Officials have now created fear of prosecutions in minds
of the assesses who have deposited TDS late.
Prosecutions is not the only way to force assesses to
comply, a friendly approach need to be developed. The
2
THE CHARTERED ACCOUNTANT WORLD
AUGUST 2015
LATEST IN FINANCE / DIRECT TAXATION
2
1.0 Cabinet extends capital subsidy for
Electronics manufacturing
The government has extended the Capital Subsidy
Scheme for electronics manufacturing firms by
another five years to help the nascent industry to
scale up domestic manufacturing to reduce
dependence on imports. The scheme,
implemented in July 2012 for a period of three
years, provides capital subsidy of 20% in Special
Economic Zones (SEZ) and 25% in non-SEZ units
engaged in electronics manufacturing. The
cabinet also expanded the scope of the scheme
to benefit 15 new product categories.
2.0 RBI tightens NPA rule on credit card dues
It has been decided that, ‘Past Due’ status of a
credit card account for the purpose of asset
classification would be reckoned from the
payment due date mentioned in the monthly credit
card statement, the central bank said in
notification no. RBI/2015-16/126 dt. July 16, 2015.
3.0 Banks can conduct Factoring
The Reserve Bank of India permitted banks to
carry out the business of factoring departmentally,
without obtaining its prior approval, subject to
conditions.
What is Factoring ?
When a bank undertakes factoring, an enterprise
sells its accounts receivable (invoices) to the bank
at a discount. Later, the bank recovers money
from the buyer on the maturity date of the
invoices.
Comprehensive Policy
The RBI said banks may formulate a
comprehensive factoring services policy with the
approval of their Boards and offer the services
to their customers in accordance with this policy.
Factoring services may be provided either with
recourse or without recourse or on limited
recourse basis. These services should be extended
in respect of invoices which represent genuine
trade transactions.
The pre-payment amount offered by banks for
the receivables acquired under factoring should
not exceed 80 per cent of the invoice value.
Upper Cap
Investment of a bank in the shares of factoring
companies inclusive of its subsidiary carrying on
LATEST IN FINANCE
factoring business will not, in the aggregate,
exceed 10 per cent of the paid up capital and
reserves of the bank.
4.0 Extended Value Added Services by Urban Co-
operative Banks ( UCBs)
Primary UCBs will now be permitted to offer
services via ATM machine like Bill Payment,
Account Transfer etc. at their on site/ off site/
mobile ATMs as listed.
Notification no. RBI/2015-16/139 dt. July 30, 2015
5.0 PSBs to get ` 70, 000 cr over four years.
Public sector banks (PSBs) will get `70,000 crore
as capital over a period of four years. The first
instalment of `25,000 crore has been marked for
this fiscal.
• About 40% to be given this fiscal year to banks
that requires support to raise their capital adequacy
to 7.5%.
• 40% capital will be allocated to the top six banks:
SBI, Bank of Baroda, Bank of India, PNB, Canara
Bank and IDBI;
• 20% to be allocated to the banks based on their
performance during the reminder of the next fiscal
year. This will incentivise them to improve their
performance.
(A Finance Ministry release)
DIRECT TAXATION
1.0 India and US sign FATCA as bulwark against
black money
India and the United States, signed an agreement
to implement Foreign Account Tax Compliance
Act (FATCA) from October 1 of this year. The
FATCA will enable and facilitate smoother
exchange of tax-related information between the
two countries, and help both fight evasion.
2.0 Airport services are contract - Section 194C
will apply
The Supreme Courtof India has held that Landing
and parking charges payable byAirlines in respect
of aircrafts are not for the ‘use of land’ per se
but the charges are in respect of number of
facilities provided by the Airport Authority of
India. Thus, landing and parking charges payable
byAirlines would attractTDS under Section 194C
and not under Section 194-I.
Japan Airlines Co. Ltd. v. CIT [2015] 60 taxmann.com 71
Finance needs to be provided to all small and mid-sized entrepreneurs without insisting on collaterals.
Editorial
3
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
AUGUST 2015
EDITORIAL
INDIAN ECONOMY....
Contd........
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
EDITORIAL
entire approach of rule making, procedures,
assessment, appeals and imposition of tax needs to
be people friendly. The assessees need to be treated
with faith and respect with a positive approach. Tax
terrorism has to give way to tax friendly approach.
The survey, searches and raids are to be highly
restricted. The exemplary powers and discretion of
the tax officials needs to be curtailed. Scrutiny cases
need to be resolved without any personal contact
but on an electronic platform.
Black Money: The government needs to bring
down the tax rates and seek voluntary compliance
by education. The restrictive and deeming provision
including Section 50C, 56, 14A, 43CA, 269SS/T and
many such sections need to be relooked into.
Immediate amendment in rules can give the major
relief. The various legislative attempts by the
government has not been able to bring back black
money but has only closed the channel of circulation
and productive use of the money thereby negatively
impacting economic activity, capital creation and
growth of real estate, trading, manufacturing and
service sector. The government need not question
each transation and provide leeway and flexibility to
genuine business transactions. It is imperative that
Black Money generation must be stopped and all
that, which has been created in the past must come
out and put to productive use.
Sector Specific Issues: The sector specific issues
need to be directly addressed by providing:-
• FiscalAdjustment- Custom Duty, Excise and
Duty Drawback within WTO Framework
• Vat and Service tax rates reduction
• Interest Subvention
• Infrastructure Support
• Policy Support
• Reschedulement of loans
• Infusion of Risk Capital
The seriously ailing sector like Sugar, Real Estate,
Cement and SME Industries and service sector
require immediate government support and action.
The industry, services and agriculture all have
suffered during UPA regime and Modi government
now needs to act smartly and swiftly.
PSUs: There is immediate need to objectively assess
the functioning of all PSUs, their relevance, feasibility
and accountability of its management. Governance
in PSUs must be much more transparent. It is
understood that substantial number of PSUs need to
revamp their Boards including appointment of
Independent Directors.
Financial Institutions: Availability of low cost debt
and risk capital is crucial to growth and development.
State level and All India Financial Institutions need
to be strengthened and beefed up with policy
changes to channelize low cost resources to the
businesses. The message has to be loud and clear
that finance needs to be provided to all small and
mid-sized entrepreneurs without insisting on
collaterals. No credit exercise can be risk free and
NPAs should not desist the government or financial
institutionsandbanksforexpansionofcredit.
The lending need not be seen with suspicion
and free hand at policy level as well as
operational level needs to be given to bankers
and lenders. SARFESAI and DRT are enough
structures to recover genuine dues.
Government has become a major stake holder
besides financial institutions and investors.
Exemptions from Corporate Governance
measures may be given subject to safeguard of
these stake holders.
Rules should be made to make the Substantive Law
implementable and to prescribe procedures.
However, government should resist dilution of
substantive law through rules and notifications, like
in the case of CSR. Any Law should be principle
based instead of rule based. It is important that the
lender's lending behaviour must give way to
Development Banker's mind set. The government
need not worry about it's criticism inside or outside
the parliament. All genuine efforts to promote
businesses and growth resulting into higher
employment, health, education, housing, level of
earning and living of common man will answer all
criticism politically as well as on the ground.
CharteredAccountants are committed to support this
exercise by fine tuning the suggestions in a practical
manner in the national interest. There is also a need
to communicate to the masses, the steps being taken
in their long term interest and that results shall be
visible in near future.
4
THE CHARTERED ACCOUNTANT WORLD
AUGUST 2015
DIRECT TAXATION / CORPORATE LAW
3.0 Cash Credit- Retrospective proviso
The Kolkata Bench of ITAT has held that Proviso
to Section 68 casting onus on closely held
company to explain source of share capital is
applicable with retrospective effect.
SubhlakshmiVanijya (P.) Ltd. v. Commissioner of Income-
Tax-I, Kolkata [2015] 60 taxmann.com 60 (Kolkata - Trib.)
4.0 Settling quantum of tax paid mandatory
The High Court of Bombay has held that where
there is some dispute with regard to the amount
of tax deducted and amount of tax deposited and/
or delay in deposit and/or the interest payable
thereon then the passing of an order under
section 201 of the Act before initiating penalty
proceedings may be necessary. AO may pass
combined order under sections 201 & 221 if the
fact and quantum of delayed deposit of TDS is
not disputed by the deductor-assessee.
Reliance Industries Ltd. v. Commissioner of Income-tax-
Mumbai [2015] 59 taxmann.com 259 (Bombay)
5.0 The High Court of Karnataka has held that where
assessee had invested net sale consideration on
transfer of long-term asset in construction of a
residential house property, deduction of section
54F could not be denied merely because the
construction of house was not complete in all
respects within 3 years of transfer.
CIT, Bangalore v. Smt. B.S. Shanthakumari [2015] 60
taxmann.com 74 (Karnataka)
CORPORATE LAW
1.0 Ministry allows filing of ‘Unaudited’Accounts
of Foreign Subsidiaries
The Ministry of Corporate Affairs (MCA) has
relaxed the norms requiring Indian companies
with overseas subsidiaries to file ‘audited’ financial
statements of such foreign subsidiaries with the
Registrar of Companies (RoC) in India.
After consulting with the Institute of Chartered
Accountants of India (ICAI), the Ministry has
now clarified that even ‘unaudited’ financial
statements of foreign subsidiaries can be filed
with the RoC and will be treated as due
compliance of Indian company law.
This dispensation will be allowed in case of a
foreign subsidiary which is not required to get
its financial statements audited as per legal
requirements prevalent in the country of its
incorporation, and which does not get its financial
statements audited.
2.0 MCA diluted Related Party Norms
The Ministry of Corporate Affairs has steadily
diluted its stance on Related Party transactions
since mid-2014: It lowered the threshold to pass
resolutions to 50 per cent plus from 75 per cent,
and prevented only interested parties from voting,
while allowing related parties to vote. SEBI has
not aligned itself to the new regulations — and
rightfully so, in the interest of minority
shareholders. Companies act, 2013 needs to align
itself to SEBI’s Clause 49 requirements for listed
companies, and not the other way around.
3.0 Acknowledgement of dues via email deemed
as admission of liability
The High Court Of Punjab and Haryana held that
where in e-mail respondent-company had
acknowledged to pay outstanding dues to
petitioner-company but had failed to pay same,
respondent was unable to discharge admitted
liability and, thus, winding up petition against it
was to be admitted.
Venus Petrochemicals (Bombay) (P.) Ltd. v.Vannix
Industries (P.) Ltd [2015] 59 taxmann.com 466
4.0 Winding up of defaulting company was
maintainable even in absence of exact
quantification of overdue sums
High Court Andhra Pradesh and Telangana held
that where company had in categorical terms
admitted that it was liable to pay debt, a petition
for winding up would be maintainable even in
absence of precise quantification.
Integra v. Vedavaag systems Ltd.[2015] 58 taxman.com 259
5.0 NBFCs must get RBI nod for acquisition,
transfer of control
According to RBI notification no. RBI/2015-16/
122 dt. July 09, 2015, Non-Banking Finance
Companies (NBFCs) will have to give public
notice of at least 30 days before effecting the
sale or transfer of ownership through sale of
shares, or transfer of control with or without
sale of shares. Such notice will be given by the
NBFC and also by the other party or parties
concerned after obtaining permission of Reserve
Bank of India (RBI).
• Prior written permission will be required for any
takeover or acquisition of control of an NBFC,
No credit exercise can be risk free and NPAs should not desist the government
or financial institutions and banks for expansion of credit
Editorial
5
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
AUGUST 2015
CORPORATE LAW / INDIRECT TAXATION
which may or may not result in change of
management;
• RBI’s permission will be required in case of a
change in the shareholding of an NBFC, including
progressive increases over time, which will result
in acquisition/ transfer of shareholding of 26 per
centormoreofthepaid-upequitycapitaloftheNBFC.
• Nod not required if shareholding exceeds 26%
due to buyback or capital reduction.
6.0 Clarification Regarding Circulation of
Financial Statements on short notice
It is clarified that a company holding a general
meeting after giving a shorter notice as provided
under section 101 of the Companies Act, 2013
may also circulate financial statements (to be
laid/considered in the same general meeting) at
such shorter notice
7.0 SARFAESI Act shall prevail in case of conflict
between its provisions and provisions of
Companies Act, 2013
High Court ofAndhra Pradesh and Telangana held
that legality and validity of sale of mortgaged
property under SARFAESI Act has to be brought
for scrutiny before Debts recovery Tribunal;
jurisdiction of Company Court is ousted.
Indian Bank v. Sub-Registrar [2015] 59 taxmann.com 276
8.0 Director’s age bar to apply only at the time of
appointment
The High Court of Bombay has held that Section
196(3) does not operate as an aberration in the
appointment of any Director made prior to the
coming into force of the 2013 Act, even in a case
where the Managing Director crosses the age of
70 years during the term of his appointment. The
law also does not interrupt the appointment of a
Managing Director appointed after 1stApril 2014
where at the date of such appointment or re-
appointment the Managing Director was below
the age of 70 years but crossed that age during
his tenure.
Sridhar Sundararajanv. Ultramarine & Pigments Ltd.
[2015] 59 taxmann.com 249 (Bombay)
INDIRECT TAXATION
1.0 Tribunal can’t remand case to AO when
validity of SCN itself is challenged
The High court held that where assessee has
challenged validity of show-cause notice on
ground that it was vague and time-barred, Tribunal
cannot make an open remand for re-adjudication
virtually allowing department to fill up lacunae in
notices; Tribunal must adjudicate upon said issues
as per Show Cause Notice itself.
Thirumurugan Enterprises v. Customs, Excise & Service
Tax Appellate Tribunal [2015] 59 taxmann.com 312
2.0 RMC is Sale
The Supreme Court of India held that preparing
Ready Mix Concrete (RMC) and delivering RMC
at site and also performing other incidental
activities of pouring, pumping and laying of RMC,
etc. amounts to ‘sale’ and therefore, no part of it
is liable to service tax.
Commissioner of Service Tax, Delhi v. G.M.K. Concrete
Mixing (P.) Ltd. [2015] 59 taxmann.com 286
3.0 Packaging Activity Services
The Supreme Court of India held that since
fertilizer cannot be marketed without packaging,
packaging of fertiliser is an integral part of
manufacture and not taxable under Packaging
Services.
Commissioner of Central Excise, Goa v. New Era
Handling Agency [2015] 59 taxmann.com 438
4.0 Handling within Factory
The CESTAT, New Delhi Bench held that loading,
unloading and shifting of sugar bags within sugar
factories would not amount to Cargo Handling
Services and would, therefore, not be liable to
service tax.
PurshottamLal v. Commissioner of Central Excise,
Jallandhar [2015] 59 taxmann.com 229
5.0 Lease of Plant
CESTAT, Mumbai Bench held that leasing of
factory with machinery amounts to ‘Renting of
Immovable property’ and not ‘Business Support
Services’.
Commissioner of Customs & Central Excise, Aurangabad
v. Narsinha SSK Ltd.[2015] 59 taxmann.com 186
6.0 Refund of Cenvat credit
Refund of credit cannot be denied on ground that
export proceeds have not been realized.
P&POverseasv.CCE,Delhi-III[2015]59taxmann.com226
7.0 Branded Goods
The High Court of Madras held that where goods
were cleared with superscription ‘Manufactured
and packed by SVS & Sons’ on packaging, said
use of assessee’s own name on goods does not
It is important that the lender's lending behaviour must give way to Development Banker's mind set.
Editorial
6
THE CHARTERED ACCOUNTANT WORLD
AUGUST 2015
INDIRECT TAXATION / FEMA
The government of India has reviewed the extant FDI
policy on various sectors and made the following
amendments in the consolidated FDI Policy Circular
of 2015, effective from May 12, 2015:
• Minimum Capitalisation: Wherever there is a
requirement of minimum capitalisation, it shall
include share premium received along with the face
value of the share, only when it is received by the
company upon issue of the shares to the non-
resident investor. Amount paid by the transferee
during post issue transfer of shares beyond the
issue price of the share, cannot be taken into
account while calculating minimum capitalisation
requirement.
• Composite Limit: Sectoral Cap that is the
minimum amount which can be invested by the
foreign investors in an entity, unless provided
otherwise, is composite and includes all types of
foreign investments, direct and indirect, regardless
of whether the said investments have been made
under schedule I (FDI), 2 (FII), 2A (FPI), 3
(NRI), 6 (FVCI), 8(QFI), 8(LLP), 10 (DR) of
FEMA (Transfer or Issue of Securities by persons
resident outside India) Regulations.
• FCCBs and DRs: Foreign Currency Convertible
Bonds (FCCBs) and Depository Reciepts (DRs)
having underlying of instruments which can be
issued under Schedule 5, being in the nature of
debt, shall not be treated as foreign investment.
However, any equity holding by a person resident
outside India resulting from conversion of any
debt instrument under any arrangement shall be
reckoned as foreign investment under the
composite cap.
• Portfolio Investment upto 49% :Portfolio
Investment, up to aggregate foreign investment
level of 49% or sectoral/ statutory cap, whichever
is lower, will not be subject to either government
approval or compliance of sectoral conditions as
the case may be, if such investment does not result
in transfer of ownership and/or control of Indian
equities form resident Indian citizens to non-
resident entities.
• Sectoral Cap – Overall Limit :Total foreign
investment, direct and indirect, in an entity will
not exceed the sectoral/ statutory cap.
• Onus of FEMA compliance: The onus of
compliance of above provisions will be on the
investee company.
Defence sector: In defence sector, portfolio
investment by FPIs, FIIs, NRIs, QFIs and
investments by FVCIs, together will not exceed
24% of the total equity of the investee/joint venture
company. Portfolio investment will be under
automatic route.
Banking sector: In banking private sector where
sectoral cap is 74%, FII/ FPI/ QFI investment
limits will continue to be within 49% of the total
paid up capital of the company.
FDI POLICY AMENDED
The government needs to reconsider this decision as it may give leverage to many sectors
includingRetail,unintended.
EDITORIAL
make those goods ‘Branded’; said goods can be
regarded as cleared without any brand name and
eligible for exemption accordingly.
Commissioner of Central Excise, Puducherry v. CESTAT,
Chennai [2015] 59 taxmann.com 227
8.0 Export Refund of Service Tax
The difference of amount in invoices raised and
payments received isn't a ground to deny refund
on export of service
Export incentive, viz, refund of accumulated
cenvat credit cannot be denied merely due to
difference in value of export invoice and proceeds
received during a half year, when assessee
explained that said differences was in account of
time gap in realization and discount allowed.
CST v. Monetization Software (P.)Ltd [2015] 58
Taxmann.com 300(Mumbai-CESTAT )
FEMA
1.0 Foreign investment in India by Foreign
Portfolio Investors (FPIs)
It is clarified that the restriction on investments
with less than 3 years residual maturity shall not
be applicable to investments by FPIs in Security
Receipts issued by ARCs.
7
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
AUGUST 2015
CAPITAL MARKET / AUDIT & ACCOUNTANCY
FINANCIAL INDICATORS
CurrentRate* PreviosMonth 3Month 6Month
3 Month LIBOR (%) 0.3116 0.2858 0.2799 0.2584
3 Month MIBOR (%) 7.73 7.99 7.7 8.59
SENSEX 28101.72 27573.66 27507.3 28355.62
NIFTY 8525.6 8328.55 8325.25 8565.55
CRR (%) 4.00 4.00 4.00 4.00
REPO (%) 7.25 7.25 7.5 7.75
REVERSE REPO (%) 6.25 6.25 6.5 6.75
Gold (per 10 gm) 24761 26014 26914 27295
Silver (per kg) 34020 35217 37664 37440
Crude (USD/bbl) 48.74 58.73 59.24 56.46
` vs USD 63.759 63.3793 63.8495 62.1888
` vs Euro 69.8799 70.4334 71.5114 70.3728
` vs 100 Yen 51.22 51.97 53.25 51.98
` vs RMB 10.2689 10.2073 10.3321 9.9615
` vs Pound 98.7563 97.6548 98.4687 94.4136
MCX Aluminium (per kg) 99 104.70 118.6 114.15
MCX Copper (per kg) 328.1 357.25 408.65 353.5
*As on August 10, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
CAPITAL MARKET
1.0 SC upholds SEBI jurisdiction over GDRs
Market regulator SEBI received a shot in the arm
after the Supreme Court on Monday upheld its
jurisdiction to regulate the creation and issuance
of Global Depository Receipts (GDRs) by
companies in the offshore markets
2.0 SEBI to introduce new securitization platform
The appetite for Securitisation in India has been
on the lower side; it is used largely to meet priority
sector lending targets by banks as investors,
NBFCs being the originators. This low appetite
can be ascribed to several factors, including legal,
taxation and stamp duty issues.
SEBI is working on a new platform for
securitization market transactions .Besides,
insurance and pension regulators, IRDAI and
PFRDA have also been asked to facilitate long-
term investments by insurance and pension funds
in securitization products.
3.0 SEBI bans suspended Companies and
Directors
A suspended company, its holding/subsidiary, its
promoters and directors shall not issue prospectus
or advertisement soliciting money from public
for issue of securities directly or indirectly till
suspension is revoked by concerned stock
exchange or securities of such company are
delisted, Securities and Exchange Board of India
said in a circular.
The strict conditions would be in place till the
suspension is revoked or till these securities get
delisted, whichever is earlier.
In addition, SEBI said the suspended company
and the depositories would not be allowed to
transfer, by way of sale, pledge, of scrips of a
suspended firm held by promoter entities and
directors. In case the suspended entities remain
listed, then such activities can be done only after
three months from the date of revocation of
suspension.
4.0 SEBI asks AIFs to give full disclosure on
‘Associates’
Alternative Investment Funds (AIFs), having
foreign entities as “Associates”, are to follow the
latest Securities and Exchange Board of India
directive to disclose the entire disciplinary history
of sponsors, managers, directors, partners,
promoters and associates in their placement
memorandum.
What are AIFs?
AIFs are funds established or incorporated in
India for the purpose of pooling in capital from
Indian and foreign investors for investing as per
the investment norms prescribed in the AIF
Regulations.
5.0 SEBI warns against fraudulent NCD, NPS
issues
Making public a list of 193 unlisted companies
fraudulently raising money from the public,
securities market regulator SEBI warned such
firms and other directors of ‘stringent actions’
and asked investors not to be lured by their
schemes.
AUDIT & ACCOUNTANCY
1.0 Toshiba Executives Resign over $1.2-Billion
Accounting Scandal
Japanese conglomerate, Toshiba's president Hisao
Tanaka and two other executives quit to take
responsibility for a $1.2-billion accounting scandal
that caused the maker of nuclear reactors and
household appliances to restate earnings for more
than six years.
8
THE CHARTERED ACCOUNTANT WORLD
AUGUST 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 : 14th
August, 2015
R.N.I. No. 50796/90
Posting Date: 17th
August, 2015
Registration No. DL(c)-01/1268/2015-17
Licenced to post without prepayment No. U-(C)-82/2015-17
8 AUGUST 2015

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INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLE

  • 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 CAVinod Jain* Volume XXVI, No. 08, August, 2015 INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLE 1AUGUST 2015 The monsoon session of parliament was over without transacting any meaningful business.In this process, the government could not get the constitutional amendment passed by Rajya Sabha (Lok Sabha has already passed the bill) to bring Goods and Service Tax (GST) to replace Excise, VAT and few other indirect taxes. Even the Land Acquisition Bill to facilitate Industrial Development and other public purposes was deffered on the recommendation of the joint parliamentary comittees. Need for consensus: The Modi government needs to pursue pending legislations after considering opposition views with an open mind to enable consensus on major economic reforms. Patience, persuasion, reconciliation and moving further on discussion informally as well as formally with all political levels will be very important. The ruling party needs to give adequate respect to opposition in the real spirit and approach the issues with statesmanship, on the lines of Sh. Atal Bihari Vajpayee. This political diplomacy with genuine efforts can bring very good results in medium term. Economic Issues: The government has taken significant Convener National Economic Forum, Former Chairman BoS and Member Central Council Institute of Chartered Accountants of India positive policy measures very effectively and these will surely bring positive results in long run. The government is required to address several important issues on the agenda diplomatically, efficiently and effectively. There are large number of areas where subordinate legislations (Rule making), administrative guidlines and procedures and policy level changes can bring comprehensive growth and movement in the Indian Economy. Some of the suggested important areas include:- Company Law: The government needs to exempt all private limited companies below ` 100 Crore networth or ` 1,000 crores turnover from most of the procedural and compliance sections.A detailed review need to be done by various committees. The overburdened compliances and its costs with the fear of prosecution on a simple non-compliance is not making it easy for the entrepreneurs to contribute to the growth of the nation. The governments tag ‘Ease of doing business’ is non- starter due to such over compliances. Taxation: The Income Tax officials need to work upon non-tax payers instead of having a pre-notioned mind- set that ‘higher the tax payer, higher is the evasion’. Officials have now created fear of prosecutions in minds of the assesses who have deposited TDS late. Prosecutions is not the only way to force assesses to comply, a friendly approach need to be developed. The
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD AUGUST 2015 LATEST IN FINANCE / DIRECT TAXATION 2 1.0 Cabinet extends capital subsidy for Electronics manufacturing The government has extended the Capital Subsidy Scheme for electronics manufacturing firms by another five years to help the nascent industry to scale up domestic manufacturing to reduce dependence on imports. The scheme, implemented in July 2012 for a period of three years, provides capital subsidy of 20% in Special Economic Zones (SEZ) and 25% in non-SEZ units engaged in electronics manufacturing. The cabinet also expanded the scope of the scheme to benefit 15 new product categories. 2.0 RBI tightens NPA rule on credit card dues It has been decided that, ‘Past Due’ status of a credit card account for the purpose of asset classification would be reckoned from the payment due date mentioned in the monthly credit card statement, the central bank said in notification no. RBI/2015-16/126 dt. July 16, 2015. 3.0 Banks can conduct Factoring The Reserve Bank of India permitted banks to carry out the business of factoring departmentally, without obtaining its prior approval, subject to conditions. What is Factoring ? When a bank undertakes factoring, an enterprise sells its accounts receivable (invoices) to the bank at a discount. Later, the bank recovers money from the buyer on the maturity date of the invoices. Comprehensive Policy The RBI said banks may formulate a comprehensive factoring services policy with the approval of their Boards and offer the services to their customers in accordance with this policy. Factoring services may be provided either with recourse or without recourse or on limited recourse basis. These services should be extended in respect of invoices which represent genuine trade transactions. The pre-payment amount offered by banks for the receivables acquired under factoring should not exceed 80 per cent of the invoice value. Upper Cap Investment of a bank in the shares of factoring companies inclusive of its subsidiary carrying on LATEST IN FINANCE factoring business will not, in the aggregate, exceed 10 per cent of the paid up capital and reserves of the bank. 4.0 Extended Value Added Services by Urban Co- operative Banks ( UCBs) Primary UCBs will now be permitted to offer services via ATM machine like Bill Payment, Account Transfer etc. at their on site/ off site/ mobile ATMs as listed. Notification no. RBI/2015-16/139 dt. July 30, 2015 5.0 PSBs to get ` 70, 000 cr over four years. Public sector banks (PSBs) will get `70,000 crore as capital over a period of four years. The first instalment of `25,000 crore has been marked for this fiscal. • About 40% to be given this fiscal year to banks that requires support to raise their capital adequacy to 7.5%. • 40% capital will be allocated to the top six banks: SBI, Bank of Baroda, Bank of India, PNB, Canara Bank and IDBI; • 20% to be allocated to the banks based on their performance during the reminder of the next fiscal year. This will incentivise them to improve their performance. (A Finance Ministry release) DIRECT TAXATION 1.0 India and US sign FATCA as bulwark against black money India and the United States, signed an agreement to implement Foreign Account Tax Compliance Act (FATCA) from October 1 of this year. The FATCA will enable and facilitate smoother exchange of tax-related information between the two countries, and help both fight evasion. 2.0 Airport services are contract - Section 194C will apply The Supreme Courtof India has held that Landing and parking charges payable byAirlines in respect of aircrafts are not for the ‘use of land’ per se but the charges are in respect of number of facilities provided by the Airport Authority of India. Thus, landing and parking charges payable byAirlines would attractTDS under Section 194C and not under Section 194-I. Japan Airlines Co. Ltd. v. CIT [2015] 60 taxmann.com 71 Finance needs to be provided to all small and mid-sized entrepreneurs without insisting on collaterals. Editorial
  • 3. 3 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY AUGUST 2015 EDITORIAL INDIAN ECONOMY.... Contd........ ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY EDITORIAL entire approach of rule making, procedures, assessment, appeals and imposition of tax needs to be people friendly. The assessees need to be treated with faith and respect with a positive approach. Tax terrorism has to give way to tax friendly approach. The survey, searches and raids are to be highly restricted. The exemplary powers and discretion of the tax officials needs to be curtailed. Scrutiny cases need to be resolved without any personal contact but on an electronic platform. Black Money: The government needs to bring down the tax rates and seek voluntary compliance by education. The restrictive and deeming provision including Section 50C, 56, 14A, 43CA, 269SS/T and many such sections need to be relooked into. Immediate amendment in rules can give the major relief. The various legislative attempts by the government has not been able to bring back black money but has only closed the channel of circulation and productive use of the money thereby negatively impacting economic activity, capital creation and growth of real estate, trading, manufacturing and service sector. The government need not question each transation and provide leeway and flexibility to genuine business transactions. It is imperative that Black Money generation must be stopped and all that, which has been created in the past must come out and put to productive use. Sector Specific Issues: The sector specific issues need to be directly addressed by providing:- • FiscalAdjustment- Custom Duty, Excise and Duty Drawback within WTO Framework • Vat and Service tax rates reduction • Interest Subvention • Infrastructure Support • Policy Support • Reschedulement of loans • Infusion of Risk Capital The seriously ailing sector like Sugar, Real Estate, Cement and SME Industries and service sector require immediate government support and action. The industry, services and agriculture all have suffered during UPA regime and Modi government now needs to act smartly and swiftly. PSUs: There is immediate need to objectively assess the functioning of all PSUs, their relevance, feasibility and accountability of its management. Governance in PSUs must be much more transparent. It is understood that substantial number of PSUs need to revamp their Boards including appointment of Independent Directors. Financial Institutions: Availability of low cost debt and risk capital is crucial to growth and development. State level and All India Financial Institutions need to be strengthened and beefed up with policy changes to channelize low cost resources to the businesses. The message has to be loud and clear that finance needs to be provided to all small and mid-sized entrepreneurs without insisting on collaterals. No credit exercise can be risk free and NPAs should not desist the government or financial institutionsandbanksforexpansionofcredit. The lending need not be seen with suspicion and free hand at policy level as well as operational level needs to be given to bankers and lenders. SARFESAI and DRT are enough structures to recover genuine dues. Government has become a major stake holder besides financial institutions and investors. Exemptions from Corporate Governance measures may be given subject to safeguard of these stake holders. Rules should be made to make the Substantive Law implementable and to prescribe procedures. However, government should resist dilution of substantive law through rules and notifications, like in the case of CSR. Any Law should be principle based instead of rule based. It is important that the lender's lending behaviour must give way to Development Banker's mind set. The government need not worry about it's criticism inside or outside the parliament. All genuine efforts to promote businesses and growth resulting into higher employment, health, education, housing, level of earning and living of common man will answer all criticism politically as well as on the ground. CharteredAccountants are committed to support this exercise by fine tuning the suggestions in a practical manner in the national interest. There is also a need to communicate to the masses, the steps being taken in their long term interest and that results shall be visible in near future.
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD AUGUST 2015 DIRECT TAXATION / CORPORATE LAW 3.0 Cash Credit- Retrospective proviso The Kolkata Bench of ITAT has held that Proviso to Section 68 casting onus on closely held company to explain source of share capital is applicable with retrospective effect. SubhlakshmiVanijya (P.) Ltd. v. Commissioner of Income- Tax-I, Kolkata [2015] 60 taxmann.com 60 (Kolkata - Trib.) 4.0 Settling quantum of tax paid mandatory The High Court of Bombay has held that where there is some dispute with regard to the amount of tax deducted and amount of tax deposited and/ or delay in deposit and/or the interest payable thereon then the passing of an order under section 201 of the Act before initiating penalty proceedings may be necessary. AO may pass combined order under sections 201 & 221 if the fact and quantum of delayed deposit of TDS is not disputed by the deductor-assessee. Reliance Industries Ltd. v. Commissioner of Income-tax- Mumbai [2015] 59 taxmann.com 259 (Bombay) 5.0 The High Court of Karnataka has held that where assessee had invested net sale consideration on transfer of long-term asset in construction of a residential house property, deduction of section 54F could not be denied merely because the construction of house was not complete in all respects within 3 years of transfer. CIT, Bangalore v. Smt. B.S. Shanthakumari [2015] 60 taxmann.com 74 (Karnataka) CORPORATE LAW 1.0 Ministry allows filing of ‘Unaudited’Accounts of Foreign Subsidiaries The Ministry of Corporate Affairs (MCA) has relaxed the norms requiring Indian companies with overseas subsidiaries to file ‘audited’ financial statements of such foreign subsidiaries with the Registrar of Companies (RoC) in India. After consulting with the Institute of Chartered Accountants of India (ICAI), the Ministry has now clarified that even ‘unaudited’ financial statements of foreign subsidiaries can be filed with the RoC and will be treated as due compliance of Indian company law. This dispensation will be allowed in case of a foreign subsidiary which is not required to get its financial statements audited as per legal requirements prevalent in the country of its incorporation, and which does not get its financial statements audited. 2.0 MCA diluted Related Party Norms The Ministry of Corporate Affairs has steadily diluted its stance on Related Party transactions since mid-2014: It lowered the threshold to pass resolutions to 50 per cent plus from 75 per cent, and prevented only interested parties from voting, while allowing related parties to vote. SEBI has not aligned itself to the new regulations — and rightfully so, in the interest of minority shareholders. Companies act, 2013 needs to align itself to SEBI’s Clause 49 requirements for listed companies, and not the other way around. 3.0 Acknowledgement of dues via email deemed as admission of liability The High Court Of Punjab and Haryana held that where in e-mail respondent-company had acknowledged to pay outstanding dues to petitioner-company but had failed to pay same, respondent was unable to discharge admitted liability and, thus, winding up petition against it was to be admitted. Venus Petrochemicals (Bombay) (P.) Ltd. v.Vannix Industries (P.) Ltd [2015] 59 taxmann.com 466 4.0 Winding up of defaulting company was maintainable even in absence of exact quantification of overdue sums High Court Andhra Pradesh and Telangana held that where company had in categorical terms admitted that it was liable to pay debt, a petition for winding up would be maintainable even in absence of precise quantification. Integra v. Vedavaag systems Ltd.[2015] 58 taxman.com 259 5.0 NBFCs must get RBI nod for acquisition, transfer of control According to RBI notification no. RBI/2015-16/ 122 dt. July 09, 2015, Non-Banking Finance Companies (NBFCs) will have to give public notice of at least 30 days before effecting the sale or transfer of ownership through sale of shares, or transfer of control with or without sale of shares. Such notice will be given by the NBFC and also by the other party or parties concerned after obtaining permission of Reserve Bank of India (RBI). • Prior written permission will be required for any takeover or acquisition of control of an NBFC, No credit exercise can be risk free and NPAs should not desist the government or financial institutions and banks for expansion of credit Editorial
  • 5. 5 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY AUGUST 2015 CORPORATE LAW / INDIRECT TAXATION which may or may not result in change of management; • RBI’s permission will be required in case of a change in the shareholding of an NBFC, including progressive increases over time, which will result in acquisition/ transfer of shareholding of 26 per centormoreofthepaid-upequitycapitaloftheNBFC. • Nod not required if shareholding exceeds 26% due to buyback or capital reduction. 6.0 Clarification Regarding Circulation of Financial Statements on short notice It is clarified that a company holding a general meeting after giving a shorter notice as provided under section 101 of the Companies Act, 2013 may also circulate financial statements (to be laid/considered in the same general meeting) at such shorter notice 7.0 SARFAESI Act shall prevail in case of conflict between its provisions and provisions of Companies Act, 2013 High Court ofAndhra Pradesh and Telangana held that legality and validity of sale of mortgaged property under SARFAESI Act has to be brought for scrutiny before Debts recovery Tribunal; jurisdiction of Company Court is ousted. Indian Bank v. Sub-Registrar [2015] 59 taxmann.com 276 8.0 Director’s age bar to apply only at the time of appointment The High Court of Bombay has held that Section 196(3) does not operate as an aberration in the appointment of any Director made prior to the coming into force of the 2013 Act, even in a case where the Managing Director crosses the age of 70 years during the term of his appointment. The law also does not interrupt the appointment of a Managing Director appointed after 1stApril 2014 where at the date of such appointment or re- appointment the Managing Director was below the age of 70 years but crossed that age during his tenure. Sridhar Sundararajanv. Ultramarine & Pigments Ltd. [2015] 59 taxmann.com 249 (Bombay) INDIRECT TAXATION 1.0 Tribunal can’t remand case to AO when validity of SCN itself is challenged The High court held that where assessee has challenged validity of show-cause notice on ground that it was vague and time-barred, Tribunal cannot make an open remand for re-adjudication virtually allowing department to fill up lacunae in notices; Tribunal must adjudicate upon said issues as per Show Cause Notice itself. Thirumurugan Enterprises v. Customs, Excise & Service Tax Appellate Tribunal [2015] 59 taxmann.com 312 2.0 RMC is Sale The Supreme Court of India held that preparing Ready Mix Concrete (RMC) and delivering RMC at site and also performing other incidental activities of pouring, pumping and laying of RMC, etc. amounts to ‘sale’ and therefore, no part of it is liable to service tax. Commissioner of Service Tax, Delhi v. G.M.K. Concrete Mixing (P.) Ltd. [2015] 59 taxmann.com 286 3.0 Packaging Activity Services The Supreme Court of India held that since fertilizer cannot be marketed without packaging, packaging of fertiliser is an integral part of manufacture and not taxable under Packaging Services. Commissioner of Central Excise, Goa v. New Era Handling Agency [2015] 59 taxmann.com 438 4.0 Handling within Factory The CESTAT, New Delhi Bench held that loading, unloading and shifting of sugar bags within sugar factories would not amount to Cargo Handling Services and would, therefore, not be liable to service tax. PurshottamLal v. Commissioner of Central Excise, Jallandhar [2015] 59 taxmann.com 229 5.0 Lease of Plant CESTAT, Mumbai Bench held that leasing of factory with machinery amounts to ‘Renting of Immovable property’ and not ‘Business Support Services’. Commissioner of Customs & Central Excise, Aurangabad v. Narsinha SSK Ltd.[2015] 59 taxmann.com 186 6.0 Refund of Cenvat credit Refund of credit cannot be denied on ground that export proceeds have not been realized. P&POverseasv.CCE,Delhi-III[2015]59taxmann.com226 7.0 Branded Goods The High Court of Madras held that where goods were cleared with superscription ‘Manufactured and packed by SVS & Sons’ on packaging, said use of assessee’s own name on goods does not It is important that the lender's lending behaviour must give way to Development Banker's mind set. Editorial
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD AUGUST 2015 INDIRECT TAXATION / FEMA The government of India has reviewed the extant FDI policy on various sectors and made the following amendments in the consolidated FDI Policy Circular of 2015, effective from May 12, 2015: • Minimum Capitalisation: Wherever there is a requirement of minimum capitalisation, it shall include share premium received along with the face value of the share, only when it is received by the company upon issue of the shares to the non- resident investor. Amount paid by the transferee during post issue transfer of shares beyond the issue price of the share, cannot be taken into account while calculating minimum capitalisation requirement. • Composite Limit: Sectoral Cap that is the minimum amount which can be invested by the foreign investors in an entity, unless provided otherwise, is composite and includes all types of foreign investments, direct and indirect, regardless of whether the said investments have been made under schedule I (FDI), 2 (FII), 2A (FPI), 3 (NRI), 6 (FVCI), 8(QFI), 8(LLP), 10 (DR) of FEMA (Transfer or Issue of Securities by persons resident outside India) Regulations. • FCCBs and DRs: Foreign Currency Convertible Bonds (FCCBs) and Depository Reciepts (DRs) having underlying of instruments which can be issued under Schedule 5, being in the nature of debt, shall not be treated as foreign investment. However, any equity holding by a person resident outside India resulting from conversion of any debt instrument under any arrangement shall be reckoned as foreign investment under the composite cap. • Portfolio Investment upto 49% :Portfolio Investment, up to aggregate foreign investment level of 49% or sectoral/ statutory cap, whichever is lower, will not be subject to either government approval or compliance of sectoral conditions as the case may be, if such investment does not result in transfer of ownership and/or control of Indian equities form resident Indian citizens to non- resident entities. • Sectoral Cap – Overall Limit :Total foreign investment, direct and indirect, in an entity will not exceed the sectoral/ statutory cap. • Onus of FEMA compliance: The onus of compliance of above provisions will be on the investee company. Defence sector: In defence sector, portfolio investment by FPIs, FIIs, NRIs, QFIs and investments by FVCIs, together will not exceed 24% of the total equity of the investee/joint venture company. Portfolio investment will be under automatic route. Banking sector: In banking private sector where sectoral cap is 74%, FII/ FPI/ QFI investment limits will continue to be within 49% of the total paid up capital of the company. FDI POLICY AMENDED The government needs to reconsider this decision as it may give leverage to many sectors includingRetail,unintended. EDITORIAL make those goods ‘Branded’; said goods can be regarded as cleared without any brand name and eligible for exemption accordingly. Commissioner of Central Excise, Puducherry v. CESTAT, Chennai [2015] 59 taxmann.com 227 8.0 Export Refund of Service Tax The difference of amount in invoices raised and payments received isn't a ground to deny refund on export of service Export incentive, viz, refund of accumulated cenvat credit cannot be denied merely due to difference in value of export invoice and proceeds received during a half year, when assessee explained that said differences was in account of time gap in realization and discount allowed. CST v. Monetization Software (P.)Ltd [2015] 58 Taxmann.com 300(Mumbai-CESTAT ) FEMA 1.0 Foreign investment in India by Foreign Portfolio Investors (FPIs) It is clarified that the restriction on investments with less than 3 years residual maturity shall not be applicable to investments by FPIs in Security Receipts issued by ARCs.
  • 7. 7 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY AUGUST 2015 CAPITAL MARKET / AUDIT & ACCOUNTANCY FINANCIAL INDICATORS CurrentRate* PreviosMonth 3Month 6Month 3 Month LIBOR (%) 0.3116 0.2858 0.2799 0.2584 3 Month MIBOR (%) 7.73 7.99 7.7 8.59 SENSEX 28101.72 27573.66 27507.3 28355.62 NIFTY 8525.6 8328.55 8325.25 8565.55 CRR (%) 4.00 4.00 4.00 4.00 REPO (%) 7.25 7.25 7.5 7.75 REVERSE REPO (%) 6.25 6.25 6.5 6.75 Gold (per 10 gm) 24761 26014 26914 27295 Silver (per kg) 34020 35217 37664 37440 Crude (USD/bbl) 48.74 58.73 59.24 56.46 ` vs USD 63.759 63.3793 63.8495 62.1888 ` vs Euro 69.8799 70.4334 71.5114 70.3728 ` vs 100 Yen 51.22 51.97 53.25 51.98 ` vs RMB 10.2689 10.2073 10.3321 9.9615 ` vs Pound 98.7563 97.6548 98.4687 94.4136 MCX Aluminium (per kg) 99 104.70 118.6 114.15 MCX Copper (per kg) 328.1 357.25 408.65 353.5 *As on August 10, 2015 (Sources: MoneyControl, NSE, BSE, RBI, MCX) CAPITAL MARKET 1.0 SC upholds SEBI jurisdiction over GDRs Market regulator SEBI received a shot in the arm after the Supreme Court on Monday upheld its jurisdiction to regulate the creation and issuance of Global Depository Receipts (GDRs) by companies in the offshore markets 2.0 SEBI to introduce new securitization platform The appetite for Securitisation in India has been on the lower side; it is used largely to meet priority sector lending targets by banks as investors, NBFCs being the originators. This low appetite can be ascribed to several factors, including legal, taxation and stamp duty issues. SEBI is working on a new platform for securitization market transactions .Besides, insurance and pension regulators, IRDAI and PFRDA have also been asked to facilitate long- term investments by insurance and pension funds in securitization products. 3.0 SEBI bans suspended Companies and Directors A suspended company, its holding/subsidiary, its promoters and directors shall not issue prospectus or advertisement soliciting money from public for issue of securities directly or indirectly till suspension is revoked by concerned stock exchange or securities of such company are delisted, Securities and Exchange Board of India said in a circular. The strict conditions would be in place till the suspension is revoked or till these securities get delisted, whichever is earlier. In addition, SEBI said the suspended company and the depositories would not be allowed to transfer, by way of sale, pledge, of scrips of a suspended firm held by promoter entities and directors. In case the suspended entities remain listed, then such activities can be done only after three months from the date of revocation of suspension. 4.0 SEBI asks AIFs to give full disclosure on ‘Associates’ Alternative Investment Funds (AIFs), having foreign entities as “Associates”, are to follow the latest Securities and Exchange Board of India directive to disclose the entire disciplinary history of sponsors, managers, directors, partners, promoters and associates in their placement memorandum. What are AIFs? AIFs are funds established or incorporated in India for the purpose of pooling in capital from Indian and foreign investors for investing as per the investment norms prescribed in the AIF Regulations. 5.0 SEBI warns against fraudulent NCD, NPS issues Making public a list of 193 unlisted companies fraudulently raising money from the public, securities market regulator SEBI warned such firms and other directors of ‘stringent actions’ and asked investors not to be lured by their schemes. AUDIT & ACCOUNTANCY 1.0 Toshiba Executives Resign over $1.2-Billion Accounting Scandal Japanese conglomerate, Toshiba's president Hisao Tanaka and two other executives quit to take responsibility for a $1.2-billion accounting scandal that caused the maker of nuclear reactors and household appliances to restate earnings for more than six years.
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD AUGUST 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 : 14th August, 2015 R.N.I. No. 50796/90 Posting Date: 17th August, 2015 Registration No. DL(c)-01/1268/2015-17 Licenced to post without prepayment No. U-(C)-82/2015-17 8 AUGUST 2015