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Saturday, November 5, 2011

Insider Trading – An Overview (Part I)

Meaning of “Insider”
An insider is understood as a person having control over the management of affairs of the corporation and who has deep insight into the affairs of the corporate body and holding knowledge about “price sensitive information” relating to the performance of the corporate body that could have a decided impact on the movement of the price of its equity. Therefore he is at a vantage position with regards to a prospective trading in the shares of the company to the detriment of the common investors.
Taking this fact into account the Regulation prescribes several “do’s” and “don’ts” with reference to these “insiders”. The effect of the regulatory measure adopted by SEBI is to prevent the insider trading in the shares of the company to earn an unjustified benefit for himself and to the disadvantage of the bonafide common shareholders.
Insider definition as amended by SEBI vides its Notification No. LAD-NRO/GN/2008/29/44801, dated 19.11.2008 means any person who,—
(i) is or was connected with the company or is deemed to have been connected with the company and who is reasonably expected to have access to unpublished price sensitive information in respect of securities of a company, or
(ii) has received or has had access to such unpublished price sensitive information.
Insider Trading
Insider Trading generally involves the act of subscribing or buying or selling of the company’s securities, when in the possession of any unpublished price sensitive information about the company. It also involves disclosing any unpublished price sensitive information about the company to others who could subscribe or buy or sell the company’s securities. Insider Trading invokes severe civil and criminal penalties not only on the Insider but also on the company in certain circumstances under the Regulations issued in India under the Securities and Exchange Board of India (SEBI) Act, 1992.

Continue Reading
By

CMA Ankur Pandey

Insider Trading – An Overview (Part II)

This Post is Second Part of  “Insider Trading – An Overview”

Disclosure requirements
 Initial Disclosure by member
Any person who holds more than 5% shares or voting rights in any listed company shall disclose to the company/Compliance Officer in Form A, the number of shares or voting rights held by such person, on becoming such holder, within 2 working days (Substituted for “4 days” vide SEBI Notification No. LAD-NRO/GN/2008/29/44801, dated 19.11.2008) of the receipt of intimation of allotment of shares or the acquisition of shares or voting rights, as the case may be.
 Continue reading
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By

CMA Ankur Pandey

Index Futures: An Insight


Example: On 1st October 2009, Mr. X got a hot tip that the share market was going to go upwards. Based on this he decided to buy shares of ABC Ltd as it had the highest market capitalization then. Mr. X therefore bought 200 shares @ Rs.2,400/- per share, and to finance this he took a loan @ 18% p.a. pledging some of his lifelong savings. Mr. X was a happy man for his smart investment.
Three months later, on 1st January 2010 Mr. X’s prediction proved to be right. The BSE index did move upwards from 4270 to 5215. However Mr. X was neither happy, nor was he rich. He had suffered a loss of Rs.21,200/- (4.42% of his investment).
Interest paid @ 18% 21,600/-
Capital appreciation 400/-

————-
Loss 21,200/-

————-
How can this happen? Mr. X was as surprised as all of us are. What actually happened was that though the Sensex rose by 22%, ABC Ltd’s share price did not rise in the same proportion. Mr. X suffered a loss even though his prediction was accurate.

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Continue Reading

By

CMA Ankur Pandey

CA Final notes by Kalpesh classes

Friday, November 4, 2011

RBI directive Payment of Cheques/Drafts/Pay Orders/Banker’s Cheques within 3 months instead of 6 months


Payment of Cheques/Drafts/Pay Orders/Banker’s Cheques
RBI/2011-12/251
DBOD.AML BC.No.47/14.01.001/2011-12
November 4, 2011
The Chairmen/Chief Executive Officers
All Scheduled Commercial Banks (excluding RRBs)/Local Area Banks
Dear Sir,
Payment of Cheques/Drafts/Pay Orders/Banker’s Cheques
In India, it has been the usual practice among bankers to make payment of only such cheques and drafts as are presented for payment within a period of six months from the date of the instrument.
2.  It has been brought to the notice of Reserve Bank by Government of India that some persons are taking undue advantage of the said practice of banks of making payment of cheques/drafts/pay orders/banker’s cheques presented within a period of six months from the date of the instrument as these instruments are being circulated in the market like cash for six months. Reserve Bank is satisfied that in public interest and in the interest of banking policy it is necessary to reduce the period within which cheques/drafts/pay orders/banker’s cheques are presented for payment from six months to three months from the date of such instrument. Accordingly, in exercise of the powers conferred by Section 35A of the Banking Regulation Act, 1949, Reserve Bank hereby directs that with effect from April 1, 2012, banks should not make payment of cheques/drafts/pay orders/banker’s cheques bearing that date or any subsequent date, if they are presented beyond the period of three months from the date of such instrument.
3.  Banks should ensure strict compliance of these directions and notify the holders of such instruments of the change in practice by printing or stamping on the cheque leaves, drafts, pay orders and banker’s cheques issued on or after April 1, 2012, by issuing suitable instruction for presentment within the period of three months from the date of the instrument.
4.  Please acknowledge receipt
Yours faithfully,
(Deepak Singhal)
Chief General Manager in-Charge
 

WOMEN CHARTERED ACCOUNTANT'S DIAMOND JUBILEE CONFERENCE AT PUNE

PUNE branch of WIRC of ICAI and Women’s Cell of Pune Branch has organized " WOMEN CHARTERED ACCOUNTANT'S DIAMOND JUBILEE CONFERENCE" on 13th November, 2011 at Pune.
For more details, please find attached herewith the brochure & registration form for your kind reference





News By:
CA Pallavi Shaha - Mehta

ICAI's reply to RTI application filed regarding "Centralised Allotment of Tax Audit"

In reply to the RTI application filed by CA SURESH WADHWA, ICAI has confirmed that the same was discussed during CC meetings held in December, 2001 and rejected by the CC members. The plea for rejection was  that there was no complaint against the present system of appointment by the assessees and the members were auditing independently.

The Copy of the RTI reply is being attached herewith
News by
CA M.S.BHATIA
JALANDHAR
( PUNJAB )
 

International Economics

TRADITIONAL ECONOMICS
You have two cows.You sell one and buy a bull.
Your herd multiplies and the economy grows.
You retire on the income


*INDIAN ECONOMICS*You have two cows.
You worship them.
 

* PAKISTAN ECONOMICS*
You don't have any cows.You claim that the Indian cows belong to you.
You ask the US for financial aid,
China for military aid,
Britain for warplanes,
Italy for machines,
Germany for technology,  France for submarines, Switzerland for loans, Russia for drugs and  Japan for equipment. You buy the cows with all this and claim of exploitation by the world

*AMERICAN ECONOMICS* You have two cows.
You sell one and force the other to produce the milk of four cows.You profess surprise when the cow drops dead.
You put the blame on some nation with cows & naturally
that nation will be a danger to mankind.
You wage a war to save the world and grab the cows.
*JAPANESE ECONOMICS*  You have two cows. You re-design them so that they are one-tenth the size of an ordinary cow and produce twenty times the milk. You then create cute cartoon cow images called Cowkimon and market them worldwide.

*CHINESE ECONOMICS * 
You have two cows. You have 300 people milking them. You claim full employment, high bovine productivity and 
arrest anyone reporting the actual numbers.
*RUSSIAN ECONOMICS* You have two cows. You count them and learn you have five cows. You count them again and learn you have 42 cows. You count them again and learn you have 17 cows. You give up counting and open another bottle of Vodka

* FRENCH ECONOMICS * 
You have two cows.
You go on strike because you want three cows
.
*GERMAN ECONOMICS  *
you have two cows. You re-engineer them so that they live for 100 years, 
eat once a month and milk themselves. 

*BRITISH ECONOMICS * You have two cows. They are both mad.
*ITALIAN ECONOMICS* You have two cows. You don't know where they are. 
You break for lunch.
*SWISS ECONOMICS *  You have 5000 cows, none of which belong to you. You charge others for storing them. 
 


Dictionary....here's a distinction WITH a difference!

No English dictionary has been able to explain the difference between the two words COMPLETE and FINISHED, in a way that's easy to understand.

Some people say there is no difference between COMPLETE & FINISHED. 
 
I beg to differ because there is. When you marry the right woman, you are "COMPLETE". And when you marry the wrong one, you are "FINISHED"!

And when the right one catches you with the  wrong one, you are .."COMPLETELY FINISHED" !!!

Vacancy for CA/ Chartered Accountants in Boeing


Printable View
Location
New Delhi, IND
Virtual Work Not Available
Shift
Business Unit
Shared Services
Division
Ssg Finance & Business
Program
International Finance
Occupation Title
Finance
Skills Management Title
ILHE
Job Classification
9AHC1E
Job Type
Non-Management
Experience Level
Career/Experienced
Exemption Status
Not Applicable
Union
No
Security Clearance Required?
(Security Clearance definitions)
No Security Clearance Required
Work Eligibility Required?
Yes
US Person Status Required?
No
Export Control Required?
No
Yes
Date Posted
09/15/2011
11/18/2011
 
Position Description
Maintains Boeing International Corporation India Private Limited (BICIPL) accounting processes, procedures and reporting practices in accordance with Indian fiduciary and Boeing financial standards.

Recent order of Delhi HC -whether replacement of moulds of exisiting machinery constitutes capital or revenue expenditure

Please find enclosed herewith the recent order of the Delhi High Court in the case of  SUPER CASSETTES INDUSTRIES LTD. : ITA No. 197 & 626  of 2010 (dated 17.10.2011), wherein the Court  while examining whether replacement of moulds of existing machinery constitutes capital or revenue expenditure, held that
·         the depreciation schedule or rate of depreciation cannot decide whether a particular expenditure in the hands of an assessee is revenue or capital expenditure. Same asset can be stock in trade in the hand of one assessee and a capital asset in hands of another assessee. The schedule does not decide whether an asset purchased is a  capital asset. Merely because moulds have been classified and mentioned  in the schedule relating to depreciation in the Income Tax Rules, it does  not mean that the purchase price of the moulds in all cases has to be
treated as a capital expenditure.
·         In the facts of the case, purchase price of moulds cannot be regarded as a capital expenditure if the replaced mould is an integral part of an existing injection moulding machine. In such cases a new asset does not come into existence but the expenditure incurred is towards purchase of parts for repair or maintenance of existing   machinery. No new or fresh advantage of enduring  benefit materializes but the purpose is to preserve and maintain an already existing asset. The expenditure incurred on replacement of the moulds is in the nature of replacement of parts of the old machines which  continues to exist and remains the capital asset.

ICSI Announcement - Applicability of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

CSI Announcement - Applicability of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

1. For December 2011 Examination SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 shall be applicable. 

2. For June, 2012 Examination SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 shall be applicable. 

A copy of the new Takeover Regulations is uploaded on the Home page of ICSI Website under the head ‘From the Government/ Regulators’ for reference.

Submission of Refund applications for the period 2009-10 by Form 501 is now extended to 31.12.2011.

Submission of Refund applications for the period 2009-10 by Form 501 is now extended to 31.12.2011.

Thursday, November 3, 2011

MCA21 ACHIEVED RECORD-Thanks To Professionals.



THANK YOU CORPORATES
MCA21 ACHIEVED RECORD NINE LAKH SUCCESSFUL FILINGS IN OCTOBER 2011 WITH THE HIGHEST EVER SINGLE DAY FIGURE OF 70,869 FILINGS ON 29TH OCTOBER 2011.
MCA THANKS ALL PROFESSIONALS AND CORPORATES FOR BEING PARTNERS IN SUCCESSFUL E-FILING AND SOLICIT YOUR CONTINUED CO-OPERATION FOR NOVEMBER 2011 TOO.

ACCOUNTING FIRMS EMBRACE TECHNOLOGY-AICPA

  Top accounting firms embrace technology, study finds
High-performing accounting firms are 27 times more likely to embrace
competitive advantages of technology than lower-performing rivals,
according to a study. Top firms are also more likely to adopt fresh
technology and encourage employees to do the same

Recent decisions of the Delhi High Court


Name of the Party
Appeal No.
Date of decision
Authority/Court
In favour of
Issue Involved
Delhi Public School
Batch Appeals
31.10.2011
Delhi HC

Assessee
·      The Court, on the facts of the case held that assessee-employer having been deducted TDS as per the treatment suggested under the IT ready reckoner, has discharged its burden of estimating the income of the employee honestly & correctly and as such, could not be held as assessee in default u/s 201(1)/(1A) of the Act.

Harnarain
ITA No. 2072/
2010
31.10.2011
Delhi HC

Assessee
·      The Court, on the facts of the case, held that penalty under section 271(1) (c) could not be levied in a case where an assessee during the course of assessment initiated pursuant to search proceedings, voluntary offers to tax, by way of letter, additional income just to buy peace and the assessing officer made addition merely relying on the such declaration of the assessee without supporting the same by way of any evidence.
·      The Court, on the facts of the case, further observed that voluntary surrender of the amount by the assessee after receipt of the questionnaire could not lead to an inference that it was not voluntary, in the absence of any material on record to suggest that it was bogus or untrue.
 

Most Important ruling of Bombay High Court in the context of TDS u/s 194J vis a vis 40(a)(ia)


Enclosed is the recent important decision of the Bombay High Court in the case of Kotak Securities ltd.: ITA No. 3111 of 2009 (dated 21.10.2011) wherein on the facts of the case, the Court had held as under:

·         The transaction charges paid by the assessee company to the Bombay Stock Exchange(‘BSE’) as one of its members, towards use of BOLT system of BSE would constitute ‘fees for technical services’ on the ground that BSE provides ‘managerial’ services to its members by regulating and managing the business of dealing in shares/stock and is, therefore, TDS under section 194J of the IT Act should have been deducted by the assessee on such transaction charges.
·         The Court had also distinguished the Madras High Court decision in the case of Skycell Communications Ltd.: 251 ITR 53, on the ground that : :
Ø  in the present case, unlike in the case of cellular mobile phones, there is direct inkage between the managerial services rendered and the transaction charges levied by the stock exchange
Ø  Unlike in the case of cellular mobile phones where the user of the cellular telephone is at the discretion of the subscriber and the service provider is not regulating user of the cellular mobile phone by the subscriber, in the case of BOLT system, the user of the system is restricted to the trading in securities and the same is completely regulated by the stock exchange

·         The Court further observed, in the facts of the case,  that although TDS should have been deducted u/s 194J on the above transaction charges, yet no disallowance under section 40(a)(ia) of the Act could be made in this case on the ground that provisions of section 194J was there on the statute book since 1995 and for almost a decade to A.Y. 2006-07 till the year under appeal, neither the assessee nor the Revenue had ever contended that TDS is deductible on such transaction charges. It was only from subsequent  assessment  year 2007-08, the assessee company had deducted TDS on such payments treating the same as royalty payment. Therefore, in this background, the Court held that in view of the undisputed decade old practice, the assessee had bonafide reason to believe that the tax was not deductible at source under Section 194J of the Act and, therefore, the assessing officer was not justified in invoking Section 40(a)(ia) of the Act and disallowing the business expenditure by way of transaction charges incurred by the assessee.

Eighth meeting of National Council for Older Persons held

Ministry of Social Justice & Empowerment
PIB
Eighth meeting of National Council for Older Persons held
The eighth meeting of the National Council for Older Persons (NCOP), the highest body of senior citizens to monitor implementation of National Policy and programmes/policies of Government for welfare of senior citizens as well as to advise Govt. on various issues pertaining to senior citizens, was held here today under the Chairmanship of Union Minister for Social Justice & Empowerment Shri Mukul Wasnik.
The Council comprise of 50 members which include senior citizens of eminence in the country, concerned Ministries/Departments of Central Government and representatives of 5 States/UTs.
Some of the important agenda items discussed in the meeting are:
(i)    Draft National Policy on Senior Citizens, 2011 of Smt (Dr) V. Mohini Giri’s Committee
(ii)    Review of Progress of Implementation of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in various States/UTs
(iii)    National Programme for Health Care of the Elderly (NPHCE) of the Ministry of Health & Family Welfare
(iv)    Other emerging issues relating to senior citizens.
Council members while broadly supporting the draft National Policy on Senior Citizens, 2011 has however, emphasised the need for effective implementation mechanism of the policy and also desired that the new Policy be finalised at the earliest. Members also felt the need for massive awareness generation about the various provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 at the State and grassroots level.
Union Minister for Social Justice and Empowerment and Chairman of the NCOP in his concluding remarks assured that the views/suggestions submitted by the members on draft National Policy on Senior Citizens, 2011 would be incorporated in the final Policy as far as possible. The Minister also agreed to the suggestion for a time bound action plan for finalisation of the new National Policy on Senior Citizens. He further emphasised that massive awareness generation programme needs to be undertaken among the general public and the officials concerned with the implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Shri Wasnik also expressed the need for further expansion of the programmes conducted by the National Institute of Social Defence (NISD) in order to cater the increasing demand for caregivers. He also informed that a new scheme of National Awards for eminent senior citizens and institutions working in the field of ageing would be formulated shortly.

ICAI XBRL Guidance Note & CCBCAF Publication

Please find attached ICAI Publications on XBRL and a recent publication on Committee for Capacity Building of
CA Firms and Small & Medium Practitioners.

Wednesday, November 2, 2011

Vacancy for CA/ Chartered Accountants in Ultratech Cement Ltd














Job Description







PF Mgmt Trainee- CA


25325

Neemuch



Full-Time


Regular















Introduction

A US $35 billion corporation, the Aditya Birla Group is in the League of Fortune 500.  With operations in 25 countries, the Group is anchored by an extraordinary force of       1, 30,000 employees, belonging to 30 different nationalities.  In India, the Group has been adjudged ¿The Best Employer in India and among the top 20 in Asia¿ by the Hewitt-Economic Times and Wall Street Journal Study 2007. 

Mandatory provisions regarding maintenance of Cost Records and Compliance reporting

Companies encaged in the production, processing, manufacturing or mining activities have to maintain cost records (and also submit compliance report) in respect of financial year commencing from 1st April 2011 incase the following conditions apply.(except to some industries specified in The Companies (Cost Accounting Records) Rules, 2011’ )
 
1. Wherein the aggregate value of the net worth as on the last date of the immediately preceding financial year exceeds five crores rupees.
 
2. Wherein the aggregate value of the turnover made by the company during the previous year exceeds twenty crore rupees.
 
3. Wherein the company’s equity or debt securities are listed or in process of listing on any stock exchange.
 
 
Kindly refer ‘The Companies (Cost Accounting Records) Rules, 2011’ for further details
 
 
Thanking You
 
Yours Faithfully
 
JINSON .C.S., B.COM, AICWA

ICAI PRESIDENT NOVEMBER MESSAGE

  President's Message - November 2011 - (31-10-2011)
--------------------------------------------------------------------------------

Dear Friends,


In my message, this time, I would like to recall Shri V. Narhari Rao,
the first Comptroller and Auditor General of independent India, who
had come to our headquarters in Delhi, on the occasion of the First
Conference of Chartered Accountants of India, on 5th April, 1954, to
deliver the last distinguished talk of the Conference on the Role of
an Accountant and Auditor in National Economy. Through his words of
wisdom and with his underlying objective to secure independence and
integrity for the profession, Shri Rao had urged the members to remain
responsible and courageous during discharge of their professional
duties. That was quite relevant and reinforcing for the profession
considering the formative years that the profession was passing
through. Quite humbly, on behalf of our forefathers in profession, I
would like to acknowledge that we had started our journey quite
courageously with a just sense of integrity, and we have come really a
long way following the same courage and integrity through the good and
bad times of economy.

The gap between our knowledge and our wisdom always surprises me. I
would urge our stakeholders to explore how to bridge this gap and
achieve a hundred percent correspondence between them. Our endeavours
should aim to create a better and more beautiful world around us, so
that we could exist in a graceful cohesion. To me, the culmination of
all human studies must be to create a better and beautiful world
around us. I would like to call out the members of my profession to
work in unison towards achieving this universal goal.




Let us get updated with some recent and important developments in the
profession that have taken place in the past one month:



International Initiatives


It is true that we are at crossroads between volatile business
environment and economy and subsequent changes being made in
accountancy. But I personally feel better when I contemplate over the
way we have been responding for quite some time to the needs of the
contemporary business environment of our nation. Our membership has
grown really big, i.e. 1,82,000 at present, and this demands a
responsible vision and growth from the profession and its
stakeholders. Internationally too, we have been growing in all
possible directions logically while carrying CSR attitude all the time
with us. I, along with the ICAI Vice-President CA. Jaydeep N. Shah,
visited the Abu Dhabi, Dubai, Muscat and Doha Chapters of the
Institute recently towards leveraging our international linkages and
initiatives with regard to our profession:

First Foreign IT-Training Centre Opened in Dubai: At Dubai Chapter of
the Institute, we have set up an IT-training (ITT) centre, our first
such initiative outside the country, which was inaugurated by the
Indian Corporate Affairs Minister, Dr. M. Veerappa Moily, who praised
our role in the economic growth of our nation while appreciating our
proactive partner-innation- building endeavours including that for new
Companies Bill under preparation and for new reporting framework under
XBRL. The event was also addressed by the Indian Ambassador in U.A.E.,
H. E. Shri M. K. Lokesh and the Counsel General of India in Dubai, H.
E. Shri Sanjay Verma. They appreciated that the Dubai Chapter of ICAI
is among the most efficient and proactive professional fora in Dubai.
This ITT centre would facilitate, I must appreciate, in empowering our
students abroad in completing their articleship and IT training
outside India. The Indian Business Professional Council (IBPC) also
hosted a programme in the honour of Dr. Moily.

Knowledge Sharing Forum in Doha: Our Doha Chapter recently organised a
well-conceptualised and well-attended ‘annual knowledge-sharing forum’
event and held a seminar on Strategic Decision Making, Project
Financing and Green Building Concept. The event further strengthened
the esteemed position that Indian professionals occupy in Qatar in
particular and the entire Gulf region in general. On the occasion, I
updated the gathering on the proposed reforms in the regulations
governing the profession in India and abroad and bright possibility of
ICAI partnering with the Qatari authorities in forming an accounting
body that will regulate the profession of accounting and auditing in
Qatar. I emphasised on the need of corporate social responsibility and
putting something back into the society in line with Qatar’s 2030
Vision of diversifying the local economy. Vice-President CA. Jaydeep
N. Shah was also the Guest of Honour on the occasion.

International Seminar on Sustainability and Growth in Abu Dhabi: In
Abu Dhabi, we attended the 23rd Annual International Seminar with the
theme Towards Sustainability and Growth of our Abu Dhabi Chapter held
recently at the Armed Forces Officers Club, where the Ambassador of
India in U.A.E., H. E. Shri M. K. Lokesh, was the Guest of Honour and
Dr. Tayab Kamali, Vice Chancellor, Higher College of Technology, and
Group CEO, Centre of Excellence for Applied Research and Training, was
the Chief Guest. I acknowledged that the words sustainability and
growth were important in the context of bringing transparency through
corporate governance, and that we would play an important role in the
implementation of corporate governance. I asserted that we chartered
accountants, known for quality services, were fully committed and
involved in the country’s growth. Other speakers included ICAI
past-President CA. Amarjit Chopra, among others, who spoke on the
status of IFRS implementation in India. Issues affecting the corporate
world, including leadership, sustainable growth, etc., were discussed
too. The Seminar also included an interesting panel discussion on The
Shift of Power from West to East.

Seminar on Economic Growth in Muscat: We were also at the Muscat
Chapter of the Institute to attend a one-day CPE event recently, where
I delivered a key note address at the seminar titled Adding Value to
Economic Growth. CA. Shah also addressed the participants on the
occasion.



Initiatives towards Nation-Building



Meeting with SEBI Chairman: I had the opportunity to meet the SEBI
Chairman Shri U. K. Sinha recently. We requested him to prescribe,
through the listing agreement, independent internal audit by the
external professional firm of chartered accountants for all listed
companies. Alternatively, in case the corporate entity has its own
internal audit department, we suggested him to mandate for external
monitoring of the compliance of standards of the internal audit system
by independent firm of chartered accountants. Further, we also made a
suggestion regarding the need for a Standard Audit Manual for
inspection of mutual funds, which could address the shortcomings and
improve quality in the inspection of mutual funds and bring uniformity
in reporting the same.

Independent Directors Meeting in Mumbai: I also attended the
interactive meeting of independent directors organised by the ICAI
from public- and private-sector banks, and financial institutions
along with the Vice-President CA. Jaydeeep N.Shah and various Council
members. Shri T. M. Bhasin, Chairman & MD, Indian Bank, was the Chief
Guest and meeting was attended by the 30 independent directors of
various banks and financial institutions. This meeting, successfully
hosted by WIRC of the Institute, provided a platform to independent
directors to share their rich experiences on new emerging concepts in
banking sector like risk management, internal control system,
effectiveness of audit committee, etc.

Workshop on Financial Statements of Corporates in Mumbai: I along with
the Vice-President CA. Jaydeep N. Shah, past-President CA. Amarjit
Chopra, and my Central Council colleague CA Manoj Fadnis, among
others, attended the Workshop on Analyzing Financial Statements of
Corporates under IFRS recently held at the RBI Central Office in
Mumbai, which was organised by the Centre for Advanced Financial
Research and Learning, promoted by RBI. I addressed the efforts made
by the Institute in formulation of the Ind ASs (Indian Accounting
Standards) converged with the IFRSs and the steps being taken towards
the preparation of frequently asked questions on Ind AS. Smt. Usha
Thorat, Director, CAFRAL, and CA. Prabhakar Kalavacherla, Board
Member, International Accounting Standards Board, also addressed at
the Workshop. Presentations on would-be financial statements under Ind
ASs were made. An interesting observation was that the companies which
were hitherto following the correct accounting principles will not
have a significant impact on their top line and the bottom line on
adopting the Ind AS. I sincerely acknowledge the efforts of Shri Ravi
Mohan, Chief General Manager, RBI and member, Accounting Standards
Board of ICAI.

Dr. M. S. Ahluwalia Delivered V. Sankar Aiyar Memorial Lecture at
ICAI: I wish to inform you that I attended the V. Sankar Aiyar
Memorial Lecture in Chennai recently, which was delivered by Dr.
Montek Singh Ahluwalia, Deputy Chairman, Planning Commission. Dr.
Ahluwalia’s lecture on Economic Reforms for Inclusive Growth, was
well-appreciated, especially his thought-provoking references to the
mission to serve the society, particularly its economically-weaker
sections. I am confident that our country will touch great heights of
glory under his noble guidance. Dr. Ahluwalia suggested us not to
change minds about market economy just because there was a loss of
faith in the industrialised countries. Shri Mani Shankar Aiyar, Member
of the Rajya Sabha, in the memory of whose father this Lecture was
organised, presented the introductory remarks. We suggested on the
occasion that all flagship programmes of the government should be
audited by the chartered accountants. Dr. Isher Judge Ahluwalia,
Chairperson, Board of Directors, Indian Council for Research on
International Economic Relations, was also present on the occasion.

More Training Programmes in Accounting Concepts: I find it
professionally gratifying to communicate that, in line with our joint
endeavour with the office of C&AG of India to organise training
programmes on accounting concepts for the officials of autonomous
bodies, we recently conducted a training programme in Ahmedabad. Shri
K. P. Sasidharan, Director General, Autonomous Bodies, Office of C&AG
of India, among others, was present during the programme, which was
attended by more than 120 participants including the officials of
autonomous bodies of Rajasthan and Gujarat, and members of the
profession. Another such programme was conducted in Bangalore, which
was inaugurated by Shri K. P. Sasidharan and attended by about 185
participants including the officials of autonomous bodies of Tamil
Nadu, Karnataka and Puducherry.

Two Publications for Investor Awareness Programmes: I am glad to
inform that, with regard to our responsibility towards the investors
of our country, we have got the two informative booklets, First steps
to Investing -A Beginner’s Guide and Primer for First time and
Existing Investors, translated in Punjabi, Gujarati,Telugu and
Assamese languages under the guidance of my Central Council colleague
CA. Vinod Jain, which were developed by the Ministry of Corporate
Affairs for distribution in the investor awareness programmes. We have
brought out the same in English version too. Copies of those
translations were presented by the Institute to Dr. M. Veerappa Moily,
Hon’ble Minister of Corporate Affairs, during an Investors’ Meet 2011
held recently.



Professional Developments


Meeting with CBDT Chairman: As you are aware, the CBDT had recently
issued a discussion paper on Tax Accounting Standards that are
proposed to be followed for the purpose of computing taxable income.
In order to discuss the issues arising from that, I recently had a
meeting with the CBDT Chairman Shri M. C. Joshi, along with my Central
Council colleague CA. Sanjay Agarwal. Concerns that I raised during
the meeting were well-received by the CBDT Chairman, who requested us
further to submit the detailed suggestions in this regard. We will
submit the same shortly.

Delhi High Court Upholds ICAI Decision: I wish to acknowledge before
our stakeholders with satisfaction that Delhi High Court has upheld
Institute’s decision to bar an auditor of Global Trust Bank (GTB) from
practising accountancy for five years. We had found him guilty of
professional misconduct as auditor during 2000-2001. As you know, it
was then that the 1993-formed bank was on the verge of collapse due to
reckless lending. Although, a single bench of the High Court had
quashed our order in the past. After our appeal against the same, the
verdict eventually came out in support of our disciplinary proceedings
against him. The Court has also clarified that the procedures
prescribed by the unamended Chartered Accountants Act, 1949, i.e.
Sections 21, 22 and 22A, would be applicable to all pending
proceedings in information case and not the procedure prescribed after
the amendment made by the Chartered Accountants (Amendment) Act, 2006.
We can now initiate an inquiry against an accused on the basis of
information or complaint.

ICAI Proposes Norms in Internal Audit: Realising that quality is one
of the fundamental assumptions of internal audit and there has been a
steep rise in attention on internal audit, we have till date issued 17
Standards on internal audit to cover the basic principles and practice
of internal audit and establish the basis for its performance
evaluation. To enable the internal auditors in performing quality
audit, I wish to inform our stakeholders that the Council of the
Institute has recently decided that wherever the Standards on internal
audit are being complied with, internal audit reports may mention that
the audit has been conducted in accordance with the Standards issued
by the Institute. We are also in dialogue with the Ministry of
Corporate Affairs in this regard and have recommended making it
mandatory for all companies to mention in their internal auditor’s
report that the audit has been conducted in accordance with the
Standards on internal audit issued by the Institute. I am sure that
this change would promote credibility and consistency in the internal
audit reports.

ISA Faculty Meet at Centre of Excellence Hyderabad: I am happy to
inform our stakeholders that we recently organised the ISA Faculty
Meet at Centre of Excellence Hyderabad, where eminent and expert
faculties from all over the country participated. This event gave me
an opportunity to interact personally with each of the faculty
participants there. Hopefully, a new revised and an updated curriculum
of the ISA course will be released shortly to help our members at
large.

ICAI Corporate Forum to be held in Bangalore: To provide our members
in profession and industry a platform to interact, and to appreciate
our members who have done exceptionally well in professional/ social
milieu, I wish to inform our stakeholders that we will now be
organising our 5th Corporate Forum in December 2011 in Bangalore,
which will have a series of events like Career Ascent, Gulf Campus,
Financial Services Expo, Corporate Conclave, ICAI Awards, etc. The
Infosys Chief Mentor, Shri N. R. Narayana Murthy, has agreed to head
the jury for the ICAI Awards. The Awards ceremony will take place at
the magnificent and historic Bangalore Palace. Details about
application process for nomination, deadline, etc., can be collected
online from the Institute’s website and also published elsewhere in
the journal. In this regard, I wish to acknowledge the efforts made by
my Central Council colleague CA. K. Raghu in planning and
conceptualising this mega event.

Guidance Note on Certification of XBRL Financial Statements: The
Ministry of Corporate Affairs had vide their circulars of July 2011
required that the XBRL financial statements be certified by a
professional, inter alia, a chartered accountant. This certification
requirement is appearing in the Forms 23AC-XBRL and 23ACA-XBRL
notified by the Ministry to upload the XBRL financial statements under
MCA 21. I am glad to inform you that we have recently released the
Guidance Note on Certification of XBRL Financial Statements, which has
been developed to help the chartered accountants effectively and
efficiently carry out these certification engagements in the most
value added manner. The Guidance Note, among other things, provides
guidance on the duties and responsibilities of the management vis a
vis the chartered accountant with respect to the XBRL mode financial
statements as well as the detailed procedures to be undertaken by the
chartered accountants to provide the assurance sought under Forms
23-AC XBRL and 23- ACA XBRL. This is also been hosted on the
Institute’s website.

Residential Certificate Course on Internal Audit: I am pleased to
inform you that we recently launched the first batch of the
Residential Certificate Course on Internal Audit at the Centre for
Excellence in Hyderabad, which aims to deliver a programme dealing
with the issues that impact internal audit profession at present and
in future. The Course will help our members in acquiring knowledge on
the theory and practice of internal audit and its allied functions and
on our role in them, and how these impact contemporary business
enterprises. Duration of the Course is 200 hours comprising ten
classroom days, case-study preparation, self study and e-learning.
Classroom sessions will cover contemporary topics including internal
controls, corporate governance, risk management, etc. To strengthen
the content and add value to the course, group assignments and case
studies have also been incorporated.



Infrastructure Initiatives


Ahmednagar and Udaipur Branch Buildings Inaugurated: I am happy to
inform that I recently inaugurated the buildings of the Ahmednagar
Branch of the WIRC and the Udaipur Branch of CIRC, in the presence of
the Vice-President CA. Jaydeep N. Shah and my Central Council
colleagues, among others.

Laying Foundation Stone of Trichur Branch: I am glad to inform our
stakeholders that I happened to lay the foundation stone for the
building of the Trichur Branch of the Institute recently. CA. K.
Shanmukha Sundaram, SIRC Chairman, was also present on the occasion.



Best Wishes for Forthcoming CA Examinations


When this issue reaches you, an estimated two and half lakh students
might have started appearing at the November 2011 Chartered
Accountants Examinations of our Institute at 345 examination centres
in India as well as abroad. I would like to extend my heartiest wishes
to them and hope that they would perform well and come out with flying
colours.



**************



Acclaimed ontologist G. K. Chesterton associates education with the
soul of a society. Will Durant calls it a transmission of
civilization. Political activist Emma Goldman considers it our effort
to unlock the wealth of sympathy, the kindness and generosity hidden
in the soul of a child. To me, education must enable us to deal with
the existing differences and indifferences in our society and with the
situations that drive us away from the world of sympathy, kindness and
generosity. If we are educated, we will always move towards a unified
society. Therefore, if we are not united, there has to be some flaw
somewhere in our being educated or in the process of our education.
Carl Rogers, one of the founding fathers of psychotherapy research, is
ready to call a person educated on a condition if we have learnt how
to learn and change. In the same context, now, we will be able to
understand why Al McGuire, a well-known basketball coach, said: I
think everyone should go to college and get a degree and then spend
six months as a bartender and six months as a cabdriver. Then they
would really be educated. Education is in fact a patient and an
ongoing process where we simply are required to be diligent.

All educational degrees or diplomas should prepare us to be ready to
learn for the rest of our lives. Acclaimed social psychologist Erich
Fromm justifiably asks: Why should society feel responsible only for
the education of children, and not for the education of all adults of
every age? Education is not just about books, colleges or
institutions. We start feeling the presence of education in our lives
when we finish up with our formal education and we deal with the
realities of life. We will never precisely realise its presence in our
life unless we reflect on the way we carry out our work, the way we
approach a problem, or, the way we think about the processes that run
around us. I am sure this is what Albert Einstein meant by when he
said: Education is what remains after one has forgotten everything he
learned in school. I would like to advocate this understanding and
propagate this around us and among all my readers: let us not miss a
chance to learn after our formal learning is over.

We are a country of numerous faiths and beliefs, and, with pride, I
admit that we quite agreeably always celebrate and rejoice with the
people of all faiths in their moments of joy. In keeping up with the
true spirit of celebrations, I would like to extend my best wishes on
behalf of the Institute to all towards the celebrations on Id-ul-Zuha
(also Id-ul-Adha or Bakr-Id) and on Guru Nanank Jayanti (founder of
Sikh faith Guru Nanak Dev’s birthday). May the prayers offered and
greetings shared by the devotees bring further happiness and peace to
the people of our nation! Amen!



Best wishes



CA. G. Ramaswamy
President, ICAI

October 24, 2011

Opportunity for development of N. A. plot


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What can a firm do to prevent corporate fraud?--CICA

What can a firm do to prevent corporate fraud?

A NSWER
Budget cuts and reorganizations raise the pressure for individuals to
meet performance targets — and increase the risk of fraud. Here are a
few steps firms can take to help curtail corporate fraud:

Know who you hire. Contact references and verify the education of
potential hires. Conduct criminal and financial background checks on
those being considered for financially sensitive positions.

Take away temptation. Perform regular ethical and social hacking to
ensure Internet access and systems controls are secure.

Keep staff informed. Annual organization-wide ethics training delivers
a consistent message. A strong ethical environment encourages
self-policing.

Establish detection mechanisms. A combination of internal audits,
surprise audits and senior management reviews will ensure the right
questions are being asked at every level. This over-sight should
extend to remote locations.

Implement checks and balances. While most fraud occurs in
nonmanagement ranks, fraud by executives is often more costly. Create
an advisory committee to provide oversight at all levels.

Set up an anonymous hotline to report fraud. When a call comes in, act
quickly to confirm its validity.

Take action. If fraud is detected, implement a rapid-response plan for
investigating, reporting and prosecuting misconduct, fraud or
corruption. Follow-up procedures ensure questionable behaviour is not
overlooked. Then put controls in place to prevent this type of fraud
from happening again.
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