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Saturday, May 28, 2011

62 Audit Firms of Lucknow swallowed professional opportunity of UP Audit Firm

In an arbitrary and unjustified manner, 62 Lucknow Based Audit Firms have been selected to work for the higher education department through out the State of Uttar Pradesh . The opportunity which was for all the practicing firms of UP was diverted to the limited 62 Firms. It’s simply a repetition of shameful conduct of Mid Day Meal Audits of 2010, when thousands of the audits were swallowed by the few CA leaders /Office Branch of Lucknow Branch.


The Uttar Pradesh Government has decided to go through a verification exercise of Audited statements and budgets of B. Ed Colleges through out the state for the purpose of fixing fee for the colleges. It was to verify the fairness of the Balance Sheets submitted by 1000 odd colleges. The total remuneration stood at Rs. 1.00 Crore.

For the purpose, The Department of Higher Education approached Lucknow Branch for the list of Auditors from whole of the state to complete the job in a short time. Lucknow Branch has referred it to PDC and PDC has submitted the list of 200 Chartered Accountants Firm having three Partners and having 10 year experience. Earlier there was no such condition and there seems to be no justification to select the three partner firm. We are aware that at large Chartered Accountant firms with at least one full time FCA (Partner/Sole Proprietor) can apply for empanelment with C & AG office for allotment of audit of Public Sector Undertakings every year. Was this audit more important than the PSU audit?

But the list sent by PDC never reached the Department. A list of 62 Firms based at Lucknow having three partners with 10 year old standing furnished to the Department of Higher Education. As per news paper item, the Department has issued the appointments to these 62 Lucknow based Firms to audit the 1000 colleges spread over to whole of State of Uttar Pradesh . The Chairman  & Secretary of the Lucknow branch has played a role in to it and it was in their perfect knowledge. There was no direct communication between the PDC and the Department. Mails were routing through the Chairman office of Lucknow Branch. So who is the real culprit is a million dollar question?

Many issues have been cropped up in the said appointment. Some of those are -


  1. Why the Lucknow Branch never discussed the issue at any of the Meeting of Branch?
  2. Who is a person responsible to set aside the list of 200 Chartered Accountants?
  3. Who decided for the 3 partner firm issue with 10 year standing?
  4. Is the list generated by PDC was accurate and names of all the eligible firms were there in the list?
  5. Why this professional opportunity not placed at PDC site?
  6. Will there not be clash of interest and these 62 firms must have signed the Balance Sheets of those colleges?
  7. Why a declaration of no clash of interest obtained from the 62 firms?
  8. Why these appointments have made in non transparent manner?
  9. Why there is always preference to three/ four partner firms though in reality no genuine partnership exists between such firms?
 Will PDC act ?

 
CA AMRESH VASHISHT, FCA, LLB,DISA(ICAI)
Member,ICAI Committee For DIRECT TAXES 2011-12
Member,ICAI Committee For Capacity Building of CA Firms 2010-11

Modification in the instruction regarding payment of MCA fees in electronic mode ..

Press Information Bureau 
Government of India
Ministry of Corporate Affairs 
27-May-2011 18:19 IST
Modification in the instruction regarding payment of MCA fees in electronic mode
The Ministry of Corporate Affairs has instructed that from Monday next, i.e. May 29th, 2011 the payment of less than Rs. 50,000/- through electronic mode will be permissible in the “Investor Education and Protection Fund” through “Pay Misc. Fee functionality”. This facility will also be admissible for user having category as “Official Liquidator (OL)” office, and the user having category as MCA employee. 

For payments of above Rs. 50,000, stakeholders will have the option to either make the payment in electronic mode, or paper challan. However, from 1st October, 2011 such payments would be made in electronic mode only. 

It may be noted that in the interest of stakeholders and to improve service delivery time the MCA decided to accept payments of value up to Rs. 50,000/- only for MCA 21 Services from 27th March, 2011 in electronic mode.

Friday, May 27, 2011

Aadhaar Enrollment Camp

Aadhaar Enrollment


The process to get an Aadhaar will be circulated by the local media upon which residents need to go to the nearest Enrolment Camp to register for an Aadhaar. The resident primarily needs to carry certain documents which will be specified in the media advertisement.

The concept of AADHAAR is to issue every resident of India, a unique identification number based on their demographics and biometrics. This concept has to be praised, as it doesn’t have an objective of identifying the people, via their caste system, religion, status, etc… Initially, the planning was done to issue the UID number only to the people, who would fall into the category of ‘below poverty line’, but later it is been decided to issue to the entire population in the country.

This is not compulsory to everybody in the country, though it’s been designed to the entire population, accounting to 120 crores. The basic significance with which, the AADHAAR is been designed is to make sure the availability of the government benefits to every deserving citizen.

Visit the following link for the list of enrolment agencies assigned for issuing Aadhaar:

http://uidai.gov.in/index.php?option=com_content&view=article&id=148&Itemid=169

ALL ABOUT ACQUIRING Digital Signature Certificate (DSC)?

What is a Digital Signature Certificate (DSC)?

The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the companies under MCA21 e-Governance programme are required to be filed with the use of Digital Signatures by the person authorised to sign the documents.

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Legal Warning:

You can use only the valid Digital Signatures issued to you. It is illegal to use Digital Signatures of anybody other than the one to whom it is issued.

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Certification Agencies:

Certification Agencies are appointed by the office of the Controller of Certification Agencies (CCA) under the provisions of IT Act, 2000. There are a total of seven Certification Agencies authorised by the CCA to issue the Digital Signature Certificates (DSCs). The details of these Certification Agencies are available on the portal of the Ministry www.mca.gov.in

Class of DSCs:


The Ministry of Corporate Affairs has stipulated a Class-II or above category certificate for e-filings under MCA21. A person who already has the specified DSC for any other application can use the same for filings under MCA21 and is not required to obtain a fresh DSC.

Validity of Digital Signatures:


The DSCs are typically issued with one year validity and two year validity. These are renewable on expiry of the period of initial issue.

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Costing/ Pricing of Digital Signatures:

It includes the cost of medium (a UBS token which is a one time cost), the cost of issuance of DSC and the renewal cost after the period of validity. The company representatives and professionals required to obtain DSCs are free to procure the same from any one of the approved Certification Agencies as per the web site. The issuance costs in respect of each Agency vary and are market driven.

However, for the guidance of stakeholders, the Ministry has obtained the costs of issuance of DSCs at the consumer end from the Certification Agencies. The costs as intimated by them are as under:

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Prices For Issuance Of Class-II Digital Signature at the Consumer End

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Sr. No.
Name of Certification
Agency (CA)
Cost of USB Cryptotoken
Cost of DSC with one year validity
Renewal Charges for DSC with one year validity
Cost of DSC with two year validity
Support charges
1.
MTNL CA Reference of USB crypto token which the user can procure is provided on www.mtnltrustline.com. Rs. 300/- ( for MTNL phone subscriber) andRs. 450/- for others (Taxes extra) Rs. 300/- ( for MTNL phone subscriber) andRs. 450/- for others (Taxes extra) Rs. 400/- ( for MTNL phone subscriber) andRs. 600/- for others
( Taxes extra)
Inclusive
2.
TCS Rs. 750 (Inclusive of 4% Sales Tax). Any other applicable Taxes Extra. Rs. 1245 (Inclusive of 12.24% Sales Tax.) Any other applicable Taxes Extra. Rs. 1000/- (Inclusive of 12.24% Sales Tax) Any other applicable Taxes Extra Rs. 1900/- (Inclusive of 12.24% Sales Tax) Any other applicable taxes Extra Not Provided by CA
3.
IDBRT Not provided by the CA. The user can procure the token from market directly and get his DSC loaded into it Rs. 750/- (Rs. 500/- towards administrative expenses andRs. 250/-for Certificate) Rs. 750/- Rs. 1500/- Inclusive
4.
SAFESCRYPT (SATYAM) Rs. 1000/-
Taxes extra
Rs. 995/-
(No service tax applicable)
Rs. 995/-
(No service tax applicable)
Rs. 1650/-
(No service tax applicable)
Rs. 500/- per site visit payable directly to the Authorised Partner.
5.
nCODE Solutions Rs. 900/-
(Inclusive of VAT/Sales Tax)
Rs. 1090/-
(No service tax applicable)
Not Finalised Rs. 1650/-
(No service tax applicable)
Inclusive
6.
NIC Certificate provided in Smart card. Cost of CardRs. 400/-. For DSCs on USB token, the subscribers have to bring NICCA approved USB token All certificates provided with 2 years validity NIL NIL for GovernmentRs.150/- for PSU, Autonomous & Statutory Bodies Training Charges:
Rs. 500/- per participant (optional)
7.
Central Excise & Customs Does not issue DSCs to person other than those from the Department
8.
e-Mudhra
(3i Infotech Consumer Services Limited)
Rs. 700/-

• Exclusive of VAT / Sales Tax / Courier charges
Rs. 899/-

• Service tax not applicable
Rs. 899/-

• Service tax not applicable
Rs. 1149/-

• Service tax not applicable
Inclusive of Telephonic or Web support

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Derivatives are double edged swords Fw

Winston Churchill famously observed that “We shape our buildings; thereafter they shape us”. Global finance, a human creation generally assumed to be a munificent agent of prosperity, has shaped the age of capital.



Historically, emerging countries, like India, were colonial properties. ‘El-Dorado economics’, as practised by developed nations, emphasised conquest and exploitation of natural resources of their colonies. Following decolonisation, emerging countries gained independence but remain, for the most part, sources of cheap resources, labour and (in some cases) capital or markets for Western goods. This is ‘El-Dollardo economics’, the world of globalised trade and capital flows, which shapes India in ways that are complex and not always beneficial.



Economic Sovereignty

Integration into the global financial system reduces a country’s economic sovereignty, increasing vulnerability to external developments and the effects of policy decisions of foreign nations outside its control.



A key element is reliance on global capital flows for financing. These flows are notoriously fickle as the Asian monetary crisis of 1997/1998 demonstrated. The crisis encouraged countries like China and India to build large foreign exchange reserves as protection against the destabilising volatility of short-term foreign capital flows. But the build-up of foreign reserves became a liquidity creation scheme, where the money was lent back to developed countries. Purchase of government securities, primarily US treasury bonds, helped keep US interest rates low, encouraging debt fuelled consumption, contributing to housing and stock market bubbles. Foreign currency reserves of emerging nations, a large proportion denominated in dollars, now have limited value as they cannot be liquidated or mobilised without large losses.



In the aftermath of the global financial crisis, the US and other developed nations issued massive amounts of debt and followed policies to weaken their currencies. The resultant fall in the value of Treasury bonds and the dollar has reduced the purchasing power of hard earned savings and reserves of emerging economies illustrating another side of global finance.



The low dollar and zero interest rate policies pursued by developed nations have led to rise in commodity prices creating inflation, which, in turn, has destabilised emerging economies.



Killing You Slowly or Quickly

Motivated by high profit margins, global financiers introduce complex products into local market settings. The inadequate expertise and experience of local corporations, investors and regulators results in entry into inappropriate transactions that create unknown risks.



Complex currency derivatives, supposedly ‘hedges’, have led to substantial losses. IMF estimates suggest that as many as 50,000 companies in at least 12 countries lost as much as $530 billion. Many Indian companies, including small and medium sized businesses, together with firms in Korea, Taiwan, China, Philippines, India, Eastern Europe and Latin America, have suffered large losses.



Asian investors also suffered large losses from complex investment products created and sold by international financial institutions, often through local banks. Investors found that equity accumulators (known to dealers as ‘I will kill you later’) kill sooner not later. Minibonds, created and sold by Lehman Brothers, have generated minimum returns and maximum losses.



Global finance requires emerging nations to become ‘embedded’, adopting uniform banking regulations and allowing institutions to freely enter into transactions.



Regulations developed for and influenced by large financial institutions are rarely appropriate for the needs of smaller, less financialised nations. Such regulations inevitably promote the interests of large multinational banks, which have significantly competitive advantages over smaller, less sophisticated local institutions.



During crises, identical regulatory regimes, standard risk metrics, similar business models and complex links between financial institutions can transmit shocks rapidly, destabilising emerging economics, not directly affected by the problems.



Breaking the Circuit

Insulating a country from such risks necessitates an unfashionable medieval strategy — the castle and the moat. India must seek to become a strong, self-sufficient economy. It must build a wide and effective moat to protect itself from the effects of an increasingly uncertain and volatile external environment. Drawbridges can be lowered to allow trade and commerce with external parties but can be raised when needed. Foreigners who want to enter the castle can do so but on India’s terms.



The strategy requires building a more efficient domestic capital market to encourage and mobilise domestic savings to finance growth. A dangerous reliance on foreign funding must be controlled. Foreign investment should be welcome but must entail long-term commitments, preferably in the form of equity.



Short-term capital flows should be strictly controlled. Marriage rather than one-night-stands will provide both the stable capital and technology transfer India needs.



Regulation of financial institutions should ensure the availability of finance for the real economy, simple, efficient investment products and means to hedge financial risks. Financial innovation should be measured by its ability to support growth and bring the majority of India’s vast population some amenities of the 20th if not the 21st century.



Rather than slavish compliance to international standards, the focus should be on developing specific rules that fit India’s environment. If necessary, rules governing specific products and transactions, including prohibitions on specific products or activities, should be used to complement broad principle-based regulation, such as capital, reserve and liquidity requirements. Enforcement and compliance should be strengthened.



Foreign institutions operating in India must be required to separately capitalise their local operations and fully subject themselves to India’s regulatory regime. This should apply when dealing in the domestic market, in India’s currency or with Indian firms. Currently, foreign institutions use a variety of strategies to avoid many regulatory controls.



India needs its own strong well-capitalised financial institutions and flexible markets that serve its economic objectives. An emphasis on improving financial hardware (market infrastructure such as clearing and settlement) and financial software (expertise and knowledge) is essential.



The by-words should be ‘simplicity’ and ‘transparency’ rather ‘complex innovation’ in the pursuit of faux modernity.



Only Self Interest

Global finance’s skillful salesmen will argue that anything less than the adoption of financialisation and free markets will marginalise India and impede its economic development. This is simply wrong.



In developed countries, financialisation was a form of economic Viagra, designed to boost flagging growth and cover up deep seated economic problems, ultimately with disastrous results. India is in a different stage of economic development and has ample traditional growth prospects, without resorting to aggressive financialisation. The threat that India will become an international ‘pariah’ is hollow as her large economy and vast markets will inevitably attract overseas interest.



India’s interests may be served by guarded engagement with global finance, with its risk of excessive debt and speculation. As John Maynard Keynes warned: “When the capital development of a country becomes a byproduct of the activities of a casino, the job is likely to be ill done.”

RBI’s Platform for Research

The Reserve Bank of India plans to position the Centre for Advanced Financial Research and Learning — or CAFRAL — promoted by it, as a top-rung research institute to cater to policy makers and the financial sector.
The centre, which is headed by former deputy governor of RBI Usha Thorat, will for the first time provide a platform for academics, researchers and practitioners to explore and carry out research on policy and regulatory issues in banking and finance.


Ms Thorat told ET that besides research reports, the centre plans to conduct workshops, seminars and conferences regularly. The institute will flag off its initiative by hosting a conference with CEOs from commercial banks on May 28 on ‘Business strategy in the emerging regulatory landscape’. The new research centre hopes to sensitize banks on how to adopt a risk management framework for driving strategy and capital planning by hosting this meeting.


The centre will also partner with the Bank for International Settlements, or BIS, to host a conference in November this year on financial sector regulation and its implications for growth, equity and stability in the post-crisis world. The aim, according to Ms Thorat, is to provide a better perspective on emerging market economies. For many emerging market economies, the challenges now revolve around maintaining a higher growth in the new regulatory framework. The BIS and CAFRAL meeting will flag off issues which could have an impact on emerging markets in terms of growth and stability.

DTC WORKSHOP" (with IFRS Impact Analysis)

KGMA LLP, Delhi, is organising a Six Days "DTC WORKSHOP" (with IFRS Impact Analysis) at Shah Auditorium, Civil Lines (Near Kashmere Gate Metro Station) Delhi, from June 25th, 2011 to July 10th, 2011 on each Saturday (from 6:00 pm to 9:00 pm) and Sunday (from 11:00 am to 2:00 pm).
A detailed programme (Topic Wise Schedule) along with the name of speakers is attached for your kind information.

A certificate of participation in the course would also be given, at the conclusion of the course.

To confirm your participation kindly fill in the enclosed form and sending the same along with Cheque/ DD/ Online Transfer* of Rs. 6,000/= drawn in favour of KG Management Advisors LLP to the following address:

KGMA, B – 1223, Main Market, Shastri Nagar, Delhi 110052

Ph.: 09953590104, 09899954015

*For details, contact at the phone numbers mentioned above

JOB OPENING University of Petroleum Dehradun

 opening in our University for Manager - Finance & Accounts.
Required:- CA (Freshers/ Experienced).
Knowledge of SAP preferred.
Location :- Dehradun (Uttarakhand)

Any one interested can please mail his/her resume to narendersinghkhurana@yahoo.co.in>

Urgent vacancy-MNC Bangalore

There is an urgent vacancy with a leading MNC in Bangalore in indirect tax.


The details are as follows:


Position - Manager - Indirect tax; required by a retail MNC.

Profile -

1. CA with post qualification experience of 5 - 10 years predominantly in to Indirect tax. However exposure on the direct tax front will be a bonus.
2. Candidate preferably from BIG 4 & FMCG.
3. Position would be based out at Bangalore.
4. Should be flexible & mobile.
5. Salary will be best in the industry.

Interested person(s), please contact Mr. Vinay at vgretail@gmail.com.

Thursday, May 26, 2011

No Need to File Income Tax Returns, Having Income Below Rs. 500000/-

The government has exempt salaried people earning up to Rs 500,000 annually from filing income tax returns.

A move that will bring relief to about 80 lakh people was announced by the Finance Minister Pranab Mukherjee when he presented the Budget in February.


On Tuesday, Pranab Mukherjee said this will be applicable in the 2011-12 assessment year for the income earned in 2010-11. He said that a notice to this effect will be brought out soon.


This move will reduce the compliance burden on small taxpayers. In case such a salary earner has income from other sources like dividend, interest etc. and does not want to file returns, he will have to disclose such income to his employer for tax deduction.

The Form 16 issued to salaried employees will be treated as Income Tax Return, he added.


Asking the Central Board of Direct Taxes to be vigilant in suspected money laundering cases, Mukherjee cautioned that terror activities and other crimes are being funded by anti-national elements through illegal transfers.

Mukherjee disclosed that to check these transfers, government has approved setting up of Directorate of Criminal Investigation in Income Tax Department itself.

The Directorate will track the criminal activities before, during and after the crime is committed.

Expressing his keenness on fiscal consolidation, Mukherjee stressed that fiscal deficit has to be reduced drastically to achieve the goal.

Bombay Chartered Accountants’ Society to take up I-T rectification matter with tax authorities

One of the major problems of taxpayers is that they have to communicate with the Centralised Processing Centre based in Bengaluru only through letters sent by ordinary post

A large number of taxpayers across the country face various difficulties in rectifying the intimation issued by the Centralised Processing Centre (CPC) under section 143 (1)(a) of the Income-Tax Act, 1961. In order to find a solution to this and to take up the matter with the appropriate authorities, the Bombay Chartered Accountants' Society (BCAS) has asked its members to send a brief summary of the difficulties faced.

The intimation issued under section 143(1) of the I-T Act authorises the assessing officer (AO) to issue refunds and raise a demand of tax along with interest due strictly on the basis of the returns furnished by the assessee. Any mistake in computing the tax by the taxpayer falls within the scope of the Act. However, it does not cover issues like whether the income covered is chargeable to tax or not, the applicable rate of tax, the income shown as royalty, or business profit, or under any other head within the meaning of the double taxation avoidance agreement between India and other countries.

The problem is compounded in case the intimation is issued by the CPC, as there is no other way to communicate with the AO, except through letters, to a post bag number in Bengaluru. And the taxpayer has no way of knowing whether his letter has reached the appropriate authorities.

The BCAS said in a statement, "It seems that the problem becomes more acute due to lack of clarity about the methodology of getting such mistakes rectified, and on account of the fact that the applications for rectification made by the assessees remain pending without proper action."

According to the chartered accountants' society, among the major mistakes observed in the intimation are not giving credit for tax deduction at source (TDS), adjustment of wrong demand for earlier years based on erroneous records against the legitimate refund due to the assessee in subsequent years, and wrong adjustment while computing gross total income.

BCAS said its taxation committee is actively considering taking up this matter with the appropriate authorities, and in this respect it has requested all members to submit a summary of difficulties, without disclosing the identity of the assessees.

Members of the BCA can also send information about the actual number of pending applications, without citing particulars of individual cases, and the amount involved, in a format available on the society's website before 31 May 2011.

TDS to be deducted on tips passed to employees by Hotel employers who have collected them from customers

Recently in the case of ITC Ltd v. CIT [2011-TIOL-287-HC-DEL-IT], the Delhi High Court (HC) held that the tips or service charges distributed to employees are to be treated as part of salary and tax is required to be withheld under section 192 of the Income-tax Act (the Act) from the same. The AO treated the value of these tips as ‘salary’ and held that the assessees were liable to withheld tax at source from such payments under section 192 of the Act.
Facts – The ITC Ltd. and CJ International hotels Ltd. (the “assessees”) own, operate and manage hotels. During the course of a survey conducted under section 133A of the Act, the assessing officer (“AO”) noted that the assessees had been paying tips to their employees without withholding tax at source. The assessees were treated as `assessee-in -default’ for not withholding tax and were issued with a demand notice for taxes to be paid under section 201(1) of the Act, along with interest under section 201(1A) of the Act. Following an appeal by the assessees, the Commissioner of Income Tax (Appeals) (“CIT(A)”), relying on the Delhi Income-tax Appellate Tribunal (the “Tribunal”) order in the case of Nehru Place Hotels Ltd v. ITO [2008] 173 Taxman 88 (Del), held that the assessees could not be treated as assessee-in -default, with the result that no interest was to be charged under section 201(1A) of the Act. Aggrieved with the order of the CIT(A), the revenue approached the Tribunal. The Tribunal dismissed the appeal, relying upon its own order issued for an earlier assessment year and the decision of Delhi Tribunal in the case of Nehru Place Hotels (above).
The Revenue took the matter to the HC.
Issue
The following issues were considered by the HC
  • Whether the assessees were not an `assessee-in -default’ for not withholding of tax on account of banquet and restaurant tips collected and paid by it to its employees?
  • Whether banquet and restaurant tips, paid in its capacity as employer, were profits in lieu of salary within the meaning of section 17(3)(ii) of the Act?

Revenue’s contentions
The contentions of the Revenue to the HC were as follows:
  • The tips are routed through the bills as service charges and have to be paid, since they are a part of the bill. Addition of service charges in the bills cannot be considered gratuitous or even voluntary and discretionary, but is compulsory.
  • The assessees have been charging service charges to customers for services rendered at banquets. Service charges collected are distributed to the employees on a regular basis.
  • The tips collected from other outlets are also distributed to the employees on a regular basis.
  • The employees earned the tips only by rendering services to the employer, thus establishing an employer – employee relationship. Accordingly, tips are chargeable as ‘salary’ under sections 15 and 17 of the Act.
  • The assessees are now withholding tax from tips/service charges from the bills of banquets, but not from tips collected from other outlets. The assessee cannot adopt two different tax policies in their distribution of tips.
  • Once bills including tips are paid by the customer, employees gain the right to claim the tips in addition to their salary;
  • In the same way as their salary, tips received by employees are sourced from the hotel bills paid by the customers.

Assessee’s contentions
  • Tips are gratuitous payments made by the customers directly to the employees as reward in appreciation of services rendered.
  • The payment of the tips is not mandatory for customers and its value also varies.
  • Merely because the assessee acts as a custodian in collecting the tips and a conduit for passing them over to the employees, the value of tips received cannot be construed as flowing from the contract of employment.
  • The fact that an employee would not have earned the tips if he had not been working at the outlet cannot lead to the inference that the payment of the tips was flowing from the contract of employment.
  • As the tips are neither due from employer nor constitute as a salary paid or allowed to be paid by or on behalf of the employer, the essential pre-conditions of section 15 (charging section for salary income) of the Act are not met.
  • The employer’s obligation is to estimate the income of the employees honestly and in good faith and does not extend to precisely computing the income and corresponding tax.
  • If there was a short deduction of tax by the employer out of the income of the employee chargeable as ‘salary’ on account of a bona fide difference of opinion, regarding the treatment of any amount received, then the employer cannot be held liable as an `assessee-in -default’ under section 201 of the Act and subjected to the penal consequences of the alleged failure (Gwalior Rayon Silk Co. Limited v. CIT. [1983] 140 ITR 832 (MP), CIT.v. Nestle India Limited [2000] 243 ITR 435 (Delhi).

High Court ruling
  • The inclusive definition of ‘salary’ in section 17 of the Act widens the scope of section 15 of the Act, by not confining salary to compensation for services rendered during the course of an employer – employee relationship, but also includes benefits which may become available at the end of this relationship,
  • The HC relied upon the decision in the case of All India Defence accounts Association v. Union of India. [1989] 175 ITR 494 (All) in which it was held that the scope of inclusive definition cannot be restricted to those words which occur in the definition but will extend to many other things which are not talked of in the section.
  • Under section 17(1)(iv) of the Act, ‘salary’ includes profits in addition to salary or wages. The word ‘profits’ is used to convey any ‘advantage’ or ‘gain’ received by the employee. In this way, the meaning of the salary is expanded to include any advantage which is received by the employee from the employer in addition to salary or wages. Accordingly, the receipt of tips by an employee from his employer would be taxable as salary.
  • The inclusive meaning given to the phrase ‘profits in lieu of salary’ would include ‘any payment’ due to or received by employees from an employer, even though it has no connection with the profits of the employer. Thus the money received as tips would be covered by the inclusive definition of salary (Karamchari Union v. Union of India and Others. [2000] 243 ITRS 143 (SC)).
  • In order for tips to be regarded as a part of the salary, these must be the result of employment from which the employee acquires a vested right, enforceable under law, to receive the amount (CIT. v. L.W.Russel [1964] 53 ITR 91 (SC)).
  • Tips received by the employees directly in cash would be beyond the responsibility of the employer under section 192 of the Act.
  • Tips charged in the bill by the employer or indicated by the customer on the bill go to the receipts of the employer and are distributed to the employees on a regular basis. This counts as part of the employees’ salary.
  • The employer, as part of the employment, allows the employee to receive tips from the customer and a vested right accrues to the employee to claim the same.
  • Accordingly, the receipt of the tips constitutes ‘income’ of the recipients, taxable as ‘salary’ and the assessees were obliged to withhold tax at source from such payments, under section 192 of the Act. The additional plea of the assessees that tax was withheld from the salaries of the employees and there was no dishonest intention in not withholding tax on tips is accepted. Also the revenue did not controvert and has accepted the assessments of the assessee in the past.
  • Based on this reasoning, the penalty envisaged in section 201 of the Act cannot be imposed. However the levy of interest under section 201 (IA) of the Act cannot be waived as interest is not treated as part of the penalty. (CIT. v. Majestic Hotel Ltd [2006] 155 Taxman 447 (Delhi), Bennet Coleman & Co. Ltd. v. ITO [1986] 157 ITR 812 (Bom), Prem Nath Motors (P.) Ltd. v. CIT. [2002] 120 Taxman 584 (Delhi))

Conclusion :- The HC, following the decision of the Supreme Court in the case of Karamchari Union (above), treated ‘advantage’ in terms of the payment of money received by the employee from the employer in relation to or in addition to any salary or wages as covered by the inclusive definition of the term ‘salary’. Furthermore, the HC considered the bona fide belief of the assessee for non withholding of tax at source from payments made from tips as a reasonable cause for failure to withhold tax, and waived the penalty. This decision is of relevance to the hotels which are following a similar mechanism of collecting and distributing tips to their employees and not withholding taxes under section 192 when making payment of tips. In future, they may need to withhold taxes under section 192 while paying money collected as tips.

Sachin Tedulkar can claim deduction u/s. 80RR on advertisement Income

MUMBAI: An Income Tax tribunal has allowed ace cricketer Sachin Tendulkar to claim deductions from his taxable income pertaining to earnings from modelling in advertisements. The two-member tribunal, which gave its order on May 20, upheld the cricket legend’s argument that he was an ‘actor’ while appearing in commercials.
Asha Vijayaraghavan, judicial member of the tribunal, and RK Panda, accountant member, gave the ruling on four appeals filed by the batting maestro against the verdict of chief commissioner of Income Tax (Appeals) for assessment years 2001-02 to 2004-2005.
Tendulkar argued that he had claimed deductions under Section 80 RR of I-T Act on the ground that he was an ‘actor’ while appearing in advertisements. He submitted that the CIT (A) had wrongly held that he was not an actor as cricket was his principal profession.

Tendulkar further argued that he was a cricketer and not a professional actor. He submitted his appearances in advertisements made him an actor and thus he was entitled to deductions. Moreover, he argued that such deductions had been allowed to him earlier.

He cited cases of popular figures like Amitabh Bachchan, Shah Rukh Khan, Tarun Tahilyani and Harsha Bhogale, who had also claimed deductions from their income through advertisements.

“In the present case, the assessee, while appearing in advertisements and commercials, has to face the lights and camera. As a model, the assessee brings to his work a degree of imagination, creativity and skill to arrange elements in a manner that would affect human senses and emotions and to have an aesthetic value,” the tribunal held.

“No doubt, being a successful cricketer, it has added to his brand value as a model. But the fact remains that the assessee has to use his own skills, imagination and creativity. Every person, or for that matter every sportsman, do not possess that degree of talent or skill or creativity and face the lights and camera etc,” the members said.

“We are of the considered opinion that the income received by the assessee from modelling and appearing in TV commercials and similar activities can be termed as income derived from the profession of an artist,” they said.

Therefore, there is no bar on the part of the assessee to have its second profession as an artist apart from playing cricket, the tribunal noted.

“We accordingly hold that the amount of Rs 5,92,31,211 received by the assessee amounts to income derived by the assessee in the exercise of his profession as an artist and therefore entitled to deduction u/s 80RR of the Act.”

The tribunal noted that Tendulkar had received an amount of Rs 19,92,27,085 as gross receipts from sports sponsorship and advertisements, which included an amount of Rs 5,92,31,211 received in convertible foreign exchange from ESPN Star Sports, Pepsico Inc and VISA.

The cricketer had claimed deduction u/s 80 RR amounting to Rs 2,08,59,707 on account of receipt of Rs 5,92,31,211.

Vacancy for CA's/ Semi-Qualified students/ Article students

Brief Job Profile:
  • Candidate should have basic knowledge of business processes and related risks & controls (in any industry);
  • Candidate should have decent written and verbal communication skills;
  • Candidate should be good at MS Office (mainly Excel spreadsheets and PPT);

Candidate with the following attributes: 1. Positive attitude 2. Willingness to learn and 3. Dedication & Commitment, will be given priority.
Compensation would vary depending upon the exposure and candidates existing skill sets. For Semi-Qualified, the compensation may ordinarily range from Rs 10,000 to Rs 20,000 per month and for Qualified, it may ordinarily range from Rs 20,000 to Rs 30,000 per month.
Also vacancy for Article Students

Interested candidates may send resumes to
  CSM & Associates
Chartered Accountants
3, Konark Apartments,
175, Dhole Patil Road,
Pune 411001

Phone: +91 20 26052641
Mobile: +91 9822452223

Bombay Stock Exchange Technical analysis workshop in Pune - May 28 & 29, 2011

LEARN FROM THE STOCK
MARKET EXPERTS!

BOMBAY STOCK EXCHANGE
& MINT INSTITUTE
PRESENT IN PUNE WORKSHOP ON
TECHNICAL ANALYSIS: May 28 & 29, 2011
WORKSHOP OBJECTIVE / BENEFITS
· Helps analyze historical data for decision-making purposes
· Enables informed decision-making & thereby eliminates decision-making merely on the basis of recommendations, tips, rumours & news channel recommendations
· Guides all participants in respect of technical parameters that need to be analyzed before committing funds in the market
PROGRAMME CONTENTS
· Meaning, importance & fundamentals of Technical Analysis
· Comparison & integration with fundamental analysis
· Construction of charts – bar / line, Arithmetic/logarithmic
· Study of Price, value, time, trend-line, channel, fan line, etc.
· Study of market trends & implication of higher tops, higher bottoms, sideways movements, lower tops, lower bottoms, etc.
· Study of patterns like head & shoulder, wedge, flags, triangles, etc. & their likely implications
· Relative Strength Index, Moving average convergence divergence its relevance
· Support, Resistance & Retracements, Reversal and Continuation Pattern
· Moving Averages – short & long term, exponential, weighted average & their relevance
· Momentum Oscillators & their relevance
· Japanese Candle Sticks – understanding & relevance
PROGRAMME FEES & FACULTY
Rs. 3,500/- plus 10.30% Service Tax (includes tuition fees, study material and programme participation certificate)
Sanjay Ved from Bombay Stock Exchange Training Institute
TO REGISTER, CALL
90960 34000

ACCOUNTING POLICY CHANGES InBhel

For one, the annual turnover increased Rs 2,772 crore (6 per cent of sales) as a result of a change in accounting for provision made for warranties in respect of construction contracts. The company earlier followed a policy of creating a provision of 2.5 per cent of the contract value and deferred the warranty provision as well as the corresponding revenue until completion of trial operation. This has now been changed to providing warranty costs at 2.5 per cent of revenue progressively as and when the revenue is recognised. Accounting for this change, revenue as well as fresh provisions were higher. The sales growth eliminating this change was at a more sedate 19 per cent. However, given that this policy is going to be followed in future as well, the same has to be construed as a recurring event.

Similarly, the company has changed its policy on accounting for leave liability for employees to actuarial basis from accrual basis, and also changed its method of depreciation on cranes, based on their useful life. This has reduced the depreciation charged.

The above three changes together resulted in increasing the company's profit before tax for FY-11 by a good Rs 983 crore. Eliminating these, profits before tax grew by a still healthy 22 per cent. However, given that these are policy changes and not one-off adjustments, their impact would be recurring and hence have to be considered for future financial performance.

Net of the above impacts, raw materials consumed to sales declined by about 1.3 percentage points for FY-11 compared with a year ago. Despite cost controls, the competitive environment at present may not help the company keep up its operating profit margins at current levels of 20 per cent.

CBDT CIRCULAR : -PROCEDURE FOR REFUND, GIVING CREDIT OF TDS,


PROCEDURE FOR REGULATING REFUND OF EXCESS AMOUNT OF TDS DEDUCTED AND/OR PAID

Section 200A of the Income-tax Act, 1961 - Deduction of tax at source - Processing of statement of tax deducted at source - Procedure for regulating refund of excess amount of TDS deducted and/or paid

CIRCULAR NO. 2/2011 [F.NO. 385/25/2010-IT(B)], DATED 27-4-2011

The procedure for regulating refund of amount paid by the deductor in excess of the tax deducted at source (TDS) and/or deductible is governed by Board circular No. 285, dated 21-10-1980.

2. Subsequent to issue of circular No. 285, new sections have been inserted under Chapter XVII-B of the Income-tax Act, 1961. References have been received by the Board regarding inclusion of these sections also for the purpose of issue of refund of excess amount of the TDS deducted/deductible.

3. In consideration of the above and in supersession of the circular No. 285, dated 21-10-1980, the Board prescribes the following procedure for regulating refund of amount paid in excess of tax deducted and/or deductible in respect of TDS on residents covered under sections 192 to 194LA of the Income-tax Act, 1961. This circular will not be applicable to TDS on non-residents falling under sections 192, 194E and 195 which are covered by circular No. 7/2007 issued by the Board.

4. The excess payment to be refunded would be the difference between:

(i) the actual payment made by the deductor to the credit of the Central Government; and

(ii) the tax deductible at source.

4.1 In case such excess payment is discovered by the deductor during the financial year concerned, the present system permits credit of the excess payment in the quarterly statement of TDS of the next quarter during the financial year.

4.2 In case, the detection of such excess amount is made beyond the financial year concerned, such claim can be made to the Assessing Officer (TDS) concerned. However no claim of refund can be made after two years from the end of financial year in which tax was deductible at source.

5. However, to avoid double claim of TDS by the deductor as well as by the deductee, the following safeguards must be exercised by the Assessing Officer concerned:

5.1 The applicant deductor shall establish before the Assessing Officer that:

(i) it is a case of genuine error and that the error had occurred inadvertently;

(ii) that the TDS certificate for the refund amount requested has not been issued to the deductee(s); and

(iii) that the credit for the excess amount has not been claimed by the deductee(s) in the return of income or the deductee(s) undertakes not to claim such credit.

5.2 Prior administrative approval of the Additional Commissioner or the Commissioner (TDS) concerned shall be obtained, depending upon the quantum of refund claimed in excess of Rupees One Lakh and Rupees Ten Lakh respectively.

5.3 After meeting any existing tax liability of the deductor, the balance amount may be refunded to the deductor.

6. In view of provisions of section 200A of the Income-tax Act prescribing processing of statement of TDS and issue of refund with effect from 1-4-2010, this circular will be applicable for claim of refunds for the period upto 31-3-2010.

Finance Manager for hotel in Afghanistan Salary 1500 USD to 2500D Per Month!!

A 200 bed hotel in Afghanistan and registered in Ministry of Information
>
>
> Duties & Responsibilities
> 1- Maintain day-to-day financial control of the service within budget heads
> agreed by Senior Management.
> 2- Ensure that all finances are properly administered and monitored, including
> credit control.
> 3- Advise on the proper allocation of resources.
> 4- Ensure that appropriate financial regulations and controls are in place and
> in use at all times.
> 5- Prepare and review detailed budgets for approval by Country Manager.
> 6- Make regular reports to Senior Management on income, expenditure and any
> variations from budgets.
> 7- Pay employee salaries based on monthly payroll.
> 8- Transfer expatriates salaries into their bank accounts.
> 9- Maintaining daily accounts.
> 10- Prepare and verifies reports.
> 11- Audits departmental accounting data, identifies and corrects errors,
> identifies and computes accruals, applies accounting principles to
> transactions and recommends revisions in departmental accounting procedures to
> ensure conformance with applicable statues, laws and regulations.
> 12- Co-ordinates on the annual independent and systems audit
> 13- Reconcile all general ledger accounts, monthly rental receipts, an all other
> accounts
> 14- Manage petty cash account
> 15- Preparing monthly P & L and other operating statements as required.
> 16- Budget development, review and rolling forecast updates as required
> 17- Review monthly reconciliations.
> 18- Work closely with external auditors during entire audit to meet their
> needs, and answer any questions they might have regarding the Financial
> Statements.
> 19- All other duties and responsibilities as assigned by Senior Management.
>
>
> 20- Assist with any other managerial duties as Senior Management requires.
> THIS MAY INCLUDE RELOCATION TO ANY OTHER SITE IN OR NEAR AFGHANISTAN AS THE
> NEED ARISES AT THE DISCRETION OF THE COUNTRY MANAGER.
>
>
> Qualifications
> B.COM /M.COM/MBA/CA with 5 yrs exp in Hotel Industry
> Five years work experience in Finance/Accounting field
> Ability to supervise finance team
> Fluent in English, Pashto and Dari.
> Work under pressure and flexible hours
>
> Salary : 1500 USD to 2500 USD depends upon the experience
> Kind Regards
>
>
>
>
> AL Sahoo
> Chief Consultant
>
>
>
>
> ITM Consultancy Services
> "Global Head Hunter for Senior and Middle Management "
> Phone: 00 91 44 43579757
> Mobile: 00 91 9380006759, 00 91 917 6666693
> Email :info@...
> Skype : itmconsultancy
> http://www.itmconsultancy.in
> Linkedin : http://in.linkedin.com/in/itmconsultancy
> facebook : http://www.facebook.com/#!/profile.php?id=1765075434
>

Despite detection in survey, no penalty u/s. 271(1)(c)

A survey was conducted pursuant to which certain discrepancies were found and the assessee surrendered Rs. 88.14 lakhs. In the ROI due for the financial year of survey, the assessee offered the said sum as income. The AO levied penalty u/s 271(1)(c) on the ground that the offer of income was pursuant to detection in the survey and not voluntary. The CIT(A) & Tribunal deleted the penalty. On appeal by the department to the High Court, HELD dismissing the appeal:

Though it is possible that but for detection in the survey, the assessee might not have offered the income, penalty u/s 271(1)(c) can only be levied if "in the course of proceedings" the AO is satisfied that there is "concealment" or "furnishing of inaccurate particulars". The words "in the course of proceedings" mean the assessment proceedings because there is no question of the satisfaction of the AO in survey proceedings. Further, the question whether there is "concealment" or "inaccurate particulars" has to be determined with reference to the return of income. As the assessee had offered the detected income in the return, there was neither concealment nor the furnishing of inaccurate particulars.

__._,_.___

Appointment of LLP as Statutory Auditors now permissible

Now LLP can also be appointed as a statutory auditor of a company.



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