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Indian CA Firms: Gaining Momentum
EDITORIAL
Volume XXV, No. 12, December, 2014
The Indian profession of Chartered
Accountants has in recent past faced
a large number of challenges
including aspersions on their integrity
and independence arising out of
certain large scale financial frauds
and manipulation of financial
statements by banks, investment
banks and large companies outside
India including companies like
Satyam in India. The Institute of Chartered Accountants
of India have severely punished those who were found
guilty in various financial frauds and even removed certain
chartered accountants found guilty for Satyam scam for
their life from the membership of the Institute. Most of
these corporate failures did not had any Indian origin CA
firm as their Auditors.
Indian origin chartered accountant firms, barring certain
insignificant exceptions, have proved that they had been
sincerely following the basic principles of code of conduct,
code of ethics and tough professional standards with
independence, integrity and excellence.
It has been noticed during last 3 decades a number of
public sector companies, the government, large public
sector banks appoint their consultants and international
GAAPAuditors from among large multinational brands on
the basis of their size or international experience. Even
large private sector companies and institutions have an
apprehension in mind that Private equity funds, venture
capital fund, large investing institutions, high net worth
individuals and foreign institutional investors may not give
adequate weightage to Indian origin CA Firms.
It is a matter of great satisfaction that all the Indian origin
Chartered Accountant Firms have gained tremendous
momentum during last 10 years not only in delivery
infrastructure, size, geographical spread and have gained
* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004
contd......Pg.8
Celebrating 25 Years of Glorious Publishing
CAVinod Jain*
very deep expertise, experience and technology in all
professional areas. The Indian origin chartered accountant
firms are fully geared up to take on any challenging
consulting, taxation and audit assignment to meet to the
expectations of all kind of investors & other stake holders.
The Indian chartered accountant firms have very good
infrastructure, library and research material in addition to
very deep professional aptitude to deliver professional
service in an excellent manner. The major difference, the
Indian origin chartered accountant firms are making is in
their commitments to their clients' interest with complete
client ownership. The clients of Indian CA firms consult
them on all strategic, professional, structural, personal and
even family matters. The sustained growth of the clients
with full justice to all stake holders in a transparent and
independent manner is the biggest asset of the Indian origin
chartered accountant firms. The Indian industrial and
service sector are making large investments worldwide
and in spite of their compulsion to take service from local
chartered accountants/CPA, Indian origin clients are
invariably taking the strategic support and professional
services from an Indian origin Chartered Accountant firm.
Even the large multinational corporations working in India
have developed great confidence in Indian origin chartered
accountant firms not only because of their professional
commitment, professional capability and expertise but also
because of special skill and higly efficient and effective
professional technology, which Indian origin chartered
accountant firms have been able to apply as an expert.
The Indian origin chartered accountant firms have a
special expertise in the area of audit and once a senior
Indian chartered accountant reviews the financial
statement, undertakes ledger scrutiny and examine
relevant evidence, their professional excellence
always provide a 100% guarantee against fraud,
manipulation and mis statement.
2
THE CHARTERED ACCOUNTANT WORLD
DECEMBER 2014
LATEST IN FINANCE
2
LATEST IN FINANCE
1.0 WPI at 1.77% - 5 YEAR Low
Falling food and commodity prices saw wholesale
inflation easing to a five-year low in October.
2.0 Gujarat offers 100% subsidy on CST under
new electronics policy
As per the newly announced electronics policy,
among other sops, the Government will offer 100
per cent subsidy on Central Sales Tax (CST) and
VAT refund equal to 90 per cent of capital
investment made for expansion of the existing
manufacturing units.
3.0 Easier Exit Rules for highway developers
To relax exit policy rules for road projects, the
Govt. has decided to allow Road developers to
sell their completed or stuck project, which will
free them up to invest in other projects.
Currently, developers have to hold at least 26%
stake in highway projects.The proposed change
will be applicable for highway projects signed up
before 2009 as well.
4.0 Small Mineral Miners - Green nod by States
Mineral mines operating on less than five hectares
in a critically polluted, protected or eco-sensitive
zone can get green nod from states.
5.0 ECB proceeds can be kept as Fixed Deposits
for 6 months
The Reserve Bank of India (RBI) has eased the
norms for parking external commercial
borrowings (ECBs) to allow companies to keep
them as fixed deposits for six months for use at
a later stage.
6.0 Fiscal relief for India as OPEC maintains
output
Crude oil prices are set to decline further, with
the Organization of the Petroleum Exporting
Countries (OPEC) deciding to maintain output at
30 million barrels per day, resisting calls from
Venezuela that the group stem the slide in prices.
7.0 NPV of Coal Blocks may be set at twice the
domestic price
The government is likely to set the benchmark
for determining net present value of coal blocks
earmarked for auction at double the price of
domestic coal, according to a senior official.
This assumes importance as 90% of net present
value (NPV) of a tonne of coal will be the floor
price for auctioning the blocks and 10% of the
total NPV of the block will have to be paid up-
front by the highest bidder. NPV is the current
valuation of future earnings from a coal block.
8.0 Railways opens `12,000-crore worth projects
for Private, Foreign Investment
The Railways is opening up for investment by
foreign and domestic players sanctioned projects
worth `12,000 crore.
This amount would go up if one were to add the
high-speed rail link projects costing almost
` 77,000 crore which are yet to be sanctioned
and some projects - such as the North-South
freight corridor and passenger terminal
development of several stations - whose costs
are yet to be worked out.
9.0 Major Ports to form Company for last-mile
connectivity
To put port connectivity works on a fast track,
12 Indian ports will pool the resources to set up
a new company. The Union government is set to
clear a proposal for creation of a Port
Infrastructure Vikas Nigam Ltd.
The company will construct, operate and maintain
rail and road infrastructure to facilitate
connectivity for transportation of goods from
ports in India or abroad.
10.0 RBI cautions firms on raising money abroad
Noting some companies are routing funds raised
abroad to India by flouting the norms in this
regard, RBI has asked banks not to give
guarantees to companies for such borrowing and
non compliance will lead to penal action. Some
companies are accessing the markets abroad for
debt funds through foreign arms - holding
company, associate, subsidiary or group
companies. This money is routed to the Indian
company which accounts for the sole or major
operations of the group, RBI said in a
communication to banks. Such funds are raised
at rates exceeding the ceiling applicable under
the foreign exchange management regulations.
These companies use different methods and
structures for channeling such funds for Indian
operations, including investment in rupee bonds
floated by Indian company.
11.0 Power Projects - Revival being worked out
According to Association of Power Producers, a
grouping of private power companies, projects
of 136,000 MW involving a capital outlay of over
3
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
DECEMBER 2014
LATEST IN FINANCE
` 620,000 crores have been affected due to
various factors. A Panel headed by India Infra-
structure Finance Company Chairman Santosh
B Nayar has looked into their demands on ways
to rescue the stressed assets and has submitted
its recommendations to the finance ministry:
For projects stuck in court cases, the account
may be allowed to continue as "standard" till
a final settlement is reached.
For existing projects, delayed beyond two
years, the provisioning by banks should be
kept at 0.4 per cent instead of 5 per cent that
is required at present. The panel also said that
all viable projects may be allowed a one-time
dispensation for refinancing with an extension
in the repayment tenure.
In order to tackle the issue of funding of cost
overruns, the lenders may be allowed to decide
on the quantum of funding and revise the
repayment schedule.
The power ministry should come out with a
FDI in Construction Development: Townships,
Housing, Built-up infrastructure
Minimum area to be developed under each project
would be as under:
In case of development of serviced plots, no
minimum land area requirement.
In case of construction-development projects,
a minimum floor area of 20,000 sq. meter.
Minimum FDI of US$ 5 million within six months
of commencement of the project. Subsequent
tranches of FDI can be brought till the period of
ten years from the commencement of the project
or before the completion of project, whichever
expires earlier.
The investor will be permitted to exit on completion
of the project or after development of trunk
infrastructure i.e. roads, water supply, street
lighting, drainage and sewerage.
The Government may, in view of facts and
circumstances of a case, permit repatriation of FDI
or transfer of stake by one non-resident investor
to another non-resident investor, before the
completion of project. These proposals will be
considered by FIPB on case to case basis.
policy on long-term fuel linkage for projects
whose coal blocks have been cancelled.
12.0 New Depository Scheme from December 15
Indian corporates, both listed and unlisted, would
be able to raise money through depository
receipts in 34 foreign jurisdictions including
Argentina, Australia, Brazil, China, Finland,
France, Greece, Iceland, Ireland and ltaly, from
December 15.
13.0 SEBI allows Foreign VCs to Finance Core
Investment Firms
SEBI plans to allow foreign venture capital
investors (FVCI) to invest in core investment
companies (CIC) which fund the infrastructure
sector.
CICs are companies which have their assets
predominantly as investments in shares for holding
stake in group companies which is neither for
trading nor for carrying on any other financial
activity.
Real Estate FDI Relaxed
The Indian Investee company will be permitted to sell
only developed plots.
It is clarified that FDI is not permitted in an entity which
is engaged or proposes to engage in real estate business,
construction of farm houses and trading in transferable
development rights (TDRs).
The conditions of minimum area or minimum FDI or
exit, will not apply to Hotels & Tourist resorts; Hospitals;
Special Economic Zones (SEZs); Educational
Institutions, Old Age Homes and Investment by NRIs.
The conditions of minimum area or minimum FDI, will
also not apply to investee/joint venture companies which
commit at least 30 percent of the total project cost for
low cost affordable housing.
Project using at least 40% of the FAR/FSI (Floor Area
Ratio/ Floor Space Index) for dwelling unit of floor area
of not more than 140 square meter will be considered as
Affordable Housing Project for the purpose of FDI policy
in Construction Development Sector. Out of the total
FAR/FSI reserved for Affordable Housing, at least one-
fourth should be for houses of floor area of not more
than 60 square meter.
It is clarified that 100% FDI under automatic route is
permitted in completed projects for operation and
management of townships, malls/ shopping complexes
and business centres.
4
THE CHARTERED ACCOUNTANT WORLD
DECEMBER 2014
DIRECT TAXATION / INDIRECT TAXATION
DIRECT TAXATION
1.0 Advance Pricing-becoming reality
Mitsui, Toyota and Marubeni are likely to be
among Japanese companies that would sign the
first set of bilateral advance-pricing agreements
(APA) with India shortly. These agreements will
provide certainty to Japanese multinational firms
operating in India and avoid conflicts over sharing
of taxes between India and that country.
What is an APA?
An agreement between a taxpayer and the tax
authority over the methodology to be used for
computing the arm's-length price of transactions
carried out among group firms
What are bilateral APAs?
Those involving a taxpayer, the Indian tax
authority and a foreign tax authority
Which are the big firms locked in transfer-
pricing disputes?
Vodafone, Shell, Microsoft, IBM, Maruti, Gillette,
Bharti Airtel, Essar, Standard Chartered, HSBC
Securities & Capital Markets, Havells, Nokia.
2.0 SEBI takes first step to 'Single Record' for
all Financial Assets
A single consolidated view of all investments made
by a person in mutual funds and other securities
held in demat form would be provided from
March 2015.
AMCs/MF-RTAs (Asset Management Companies/
Mutual Fund-Registrar & TransferAgents) would
have to provide the data with respect to the
common PANs to the depositories within three
days from month end.
3.0 Shell wins transfer-pricing tax dispute in
Bombay HC
What the case is all about: It relates to the issue
of 8.7 crore shares by Shell India Markets Pvt
Ltd to its overseas parent company Shell Gas BV
in March 2009. The shares were issued at ` 10 a
share, which the income-tax authorities contested
and pegged higher at ` 180 a share. The I-T
Department charged Shell India of under-pricing
a share transfer within the group by ` 15,220
crore, and consequently evading taxes.
How the case evolved: Shell India moved the
Bombay High Court contesting that the issue of
shares was capital transaction and out of the
INDIRECTTAXATION
1.0 Clarification regarding availment of CENVAT
credit after six months
It is clarified that in each of the below mentioned
three situations, the limitation of six months
would apply when the credit is taken for the first
time. It would not apply for taking re-credit of
amount reversed in case of the following:
If the payment of value of input service and
service tax payable is not made within three
months of date of invoice, bill or challan, then
the CENVAT Credit availed is required to be
paid back by the manufacturer or service
provider. Subsequently, when such payment
ofvalueofinputserviceandservicetaxismade,
the amount so paid back can be re-credited.
According to Rule 3(5B) of CCR, 2004, if
the value of any input or capital goods before
being put to use on which CENVAT Credit
has been taken, is written off or such
provisions made in Books of Account, the
transfer pricing bracket.
The High Court ruled in favour of Shell. The order
will have an impact on other multinationals
fighting the tax department on similar grounds.
The government is not likely to appeal further, in
line with its decision to reduce tax litigation.
Vodafone case was also decided in favour of tax
payer, which had similar facts.
4.0 Money paid under consent settlement can be
treated as business expense
The Income Tax Appellate Tribunal (ITAT) has
clarified that money paid under the consent decree
mechanism to settle disputes is permissible as
business expenditure and cannot be equated to
penalty levied for breaching law.
5.0 Money paid under consent settlement can be
treated as business expense
Section 40A(2) - Excessive or unreasonable
payments of Salary to director
The High Court of Delhi has held that where due
to efforts of director of assessee-company,
business of assessee had increased substantially
and he was assisting assessee in its new hotel
project, excessive salary payment to him was
reasonable.
Commissioner of Income-tax-III vs. Spank Hotels Ltd.,
[2014] 50 taxmann.com 452 (Delhi)
5
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
DECEMBER 2014
INDIRECT TAXATION / CORPORATE & ECONOMIC LAW
manufacturer or service provider is required
to pay an amount equal to credit so taken.
However, when the inputs or capital goods
are subsequently used, the amount so paid
can be re-credited in the account.
Rule 4(5)(a) of CCR, 2004 prescribes that in
case inputs sent to job worker are not received
back within 180 days, the manufacturer or
service provider is required to pay an amount
equal to credit taken on such inputs in the
first instance. However, when the inputs are
subsequently received back from job worker,
the amount so paid can be re-credited in the
account.
2.0 Proposed changes in GST norms
Key difference in the consitution amendment
Bills of 2011 and 2014
2011 2014
EntryTax After introduction GST will sub-
of GST, entry tax sume all kinds
levied by local of entry tax
bodies will stay
Petroleum Will be kept out To be included
products of GST, with a in GST at zero
provision in the rate; states can
Constitution continue to
apply VAT
Dispute To adjudicate No such
settlement Centre-state authority to
authority disputes resulting settle disputes;
in any loss of GST Council
revenue to decide
3.0 Panel moots stiff 27% revenue-neutral GST
Proposal by states committee could negate
benefits of new tax
Current Indirect Tax Rates (%)
Central Excise Service VAT
(median) Tax
12 12 4-5,
12.5-14.5*
GST/RNR(%) Central State
suggested by GST GST
Panel set up by empowered 12.77 13.91
committee of state FM##
NIPFP - 12-20#
13th
Finance Commission 5 7
Task Force
Kelkar Committee on Fiscal 8 6**
Consolidation
1.0 Companies (Amendment) Bill, 2014
The Government has tabled the Companies
(Amendment) Bill before the Parliament.
The bill proposes punishment for illegal money
pooling activities, amid rising instances of people
getting duped by such fraudulent schemes.
Besides, the changes pertain to related party
transactions, fraud reporting by auditors, public
inspection of board resolutions, responsibilities
of audit committee, requirement of minimum
paid-up share capital and strengthening of
benches for hearing winding up cases.
Amendments have been proposed with regard to
restrictions on bail, making common seal optional
and jurisdiction of special courts to try offences.
2.0 No Stock Limits on Commodities in Regulated
Warehouses: FMC
In a big relief to commodity futures market
players, the government has exempted
commodities kept in regulated warehouses from
the purview of stock limits imposed by state
governments to curb hoarding under the Essential
Commodities Act.
*The lower rate is on essential items called merit goods,
while the higher standard rates apply on all other goods,
he weighted average rate is around 11%. ** Kelkar said
though RNR for states would be 6%, they could be allowed
to levy SGST at 7%. #Combined rate for central and state
GSTs ##A panel of central and state officials, which reviewed
an earlier report of NIPFP.
4.0 States disrupting VAT chain
Punjab: Tax only at first point of sales for TVs,
cold drinks, refrigerators, etc
Gujarat: Limited input tax credit, none on naphtha
Kerala: Turnover tax of 2% on textiles
Tamil Nadu: Input tax credit only within the
state
Maharashtra: No input tax credit on crude oil
5.0 Telecom service providers won't get credit for
taxes on towers
Mobile phone operators like Vodafone, Reliance
Communications and Idea will not be able to claim
credit for the excise duty paid on the items used
in their towers to meet the final service charge
liability with the Central Board of Excise and
Customs (CBEC) asking all field officers to deny
the facility.
CORPORATE & ECONOMIC LAW
6
THE CHARTERED ACCOUNTANT WORLD
DECEMBER 2014
CORPORATE & ECONOMIC LAW / CAPITAL MARKET / AUDIT
3.0 Land acquisition will lapse for non-payments
The new land acquisition law has given a severe
blow to governments which issue notifications
of take-over, but do nothing for years and even
deny payments to the land owners. If the delay
is more than five years, even if caused by stay
orders from courts, the acquisition will lapse.
4.0 Revival of a sick company to take precedence
over recovery proceedings, SC rules
The Supreme Court has said that the revival of a
sick company will take precedence over recovery
proceedings. The provisions of the Sick Industrial
Companies Act (SICA), 1985, will prevail over
the Recovery of Debts Due to Banks and Financial
Institutions (RDBB)Act, 1993, said a three-judge
bench, headed by chief justice of India HL Dattu.
5.0 Ministry offers clarity on issuance of Foreign
Currency Bonds
It is clarified by Minstry of Corporate Affairs
(MCA) that the provisions related to prospectus
and allotment of securities under the new
companies law will not be applicable to foreign
currency bonds that are issued exclusively to
persons residing outside India. New FCCBs
guidelines are being worked out by the ministry.
6.0 Contempt power only with High Courts
The Madras High Court last week ruled that
subordinate courts cannot invoke the Contempt
of Court Act to punish a person disobeying
judicial orders. That power belongs only to the
Supreme Court and the High Courts.
7.0 BIFR sole authority to move companies out
of its supervision: Supreme Court
The Supreme Court has held that the Board for
Industrial and Financial Reconstruction (BIFR)
will continue to have jurisdiction over any sick
company referred to the agency even if its net
worth becomes positive. The board is also the
sole authority to decide whether or not such a
company can be moved out of its supervision,
the court observed.
GhanshyamSarda vs. Shiv Shankar Trading Co. [2014] 51
taxmann.com 368 (SC)
8.0 Company Secretary to act as Compliance
Officer: SEBI
Market regulator SEBI has mandated the
appointment of Company Secretary as
compliance officer for the purpose of the newly-
framed listing regulations. The latest SEBI
1.0 NSE launches online complaint window
The NSE (National Stock Exchange) has put in
place a system to register a complaint on its
website. Investors/public has the option to provide
details on the matter either anonymously or
otherwise on violations/manipulations by market
participants that may adversely affect the market
quality and integrity.
2.0 SEBI tightens Delisting and Insider Trading
Regulations
Delisting
Delisting and buyback offer should be done
through exchanges
At least 25% of the total number of public
shareholders will have to be sought by Cos
Offer price will be based on an average of
promoters' offer price and investors' tender
price with a threshold of 90% of equity
Promoter cannot make a delisting offer if
group entity has sold shares within 6 months
of the board meeting to decide delisting
Option to the acquirer to delist directly
through Delisting Regulations pursuant to
triggering takeover regulations provided.
Insider Trading
All persons and their immediate relatives with
a contractual, fiduciary or employment
relationship with the company, with access
to unpublished price sensitive-information,
included as insider
Insider have to disclose trading plan on stock
exchanges
Directors and management prohibited from
F&O trading
The onus of proving that they were not in
possession of the price-sensitive information
has been put on them.
Mutual Funds
AMCs, yet to meet with net-worth norm of
` 50 crores, can launch only two schemes a
year.
CAPITAL MARKET
requirement widens the area of responsibilities
of a Company Secretary and makes him solely
responsible for compliance of listing regulations,
according to capital market observers.
7
ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
DECEMBER 2014
AUDIT / GUIDELINES FOR SMALL FINANCE BANKS
Prudential Norms
Will be subject to all prudential norms and regulations
of RBI as applicable to existing commercial banks
including requirement of maintenance of CRR and SLR
Required to extend 75 per cent of its Adjusted Net
Bank Credit (ANBC) to the sectors eligible for
classification as priority sector lending (PSL) by RBI
Maximum exposure to a single/group obligor to be
restricted to 10%/15% of its capital funds, respectively.
Corporate Governance
The Board of the bank should have a majority of
Independent Directors
Bank should comply with the corporate governance
guidelines including 'fit and proper' criteria for
Directors as issued by RBI from time to time
Other Conditions
If a promoter setting up a small finance bank desires
to set up a Payment Bank, it should set up both types
of banks under a Non-Operative Financial Holding
Company (NOFHC) structure.
However, a promoter will not be granted licences for
both universal bank and small finance bank
The small finance bank cannot be a Business
Correspondent (BC) for another bank. However, it
can have its own BC network.
Last Date for Application: 16th January, 2015
vaibhavjain@inmacs.com, +91 9711310004
LICENSING OF "SMALL FINANCE BANKS" IN THE PRIVATE SECTOR
FINANCIAL INDICATORS
CurrentRate* MonthAgo 3Month 6Month
3 Month LIBOR (%) 0.2399 0.2326 0.2346 0.23
3 Month MIBOR (%) 8.55 8.73 8.91 8.85
SENSEX 27831 27874.73 27057.41 25584
NIFTY 8355.65 8344.25 8094.1 7656
CRR (%) 4 4 4 4
REPO (%) 8 8 8 8
REVERSE REPO (%) 7 7 7 7
Gold (per 10 gm) 27220 25923 27285 25988.00
Silver (per kg) 38112 35007 41336 40230.00
Crude (USD/bbl) 64.24 82.13 97.13 110.22
` vs USD 61.95 61.4513 60.8256 59.28
` vs Euro 76.7499 76.6789 78.6597 80.30
` vs 100 Yen 51.98 53.86 57.12 57.95
` vs RMB 10.0319 10.0474 9.929 9.52
` vs Pound 97.1562 97.7567 98.1482 99.48
MCX Aluminium 121.95 125.4 122.35 111.35
MCX Copper 399.35 412 413.25 396.30
*As on 10th Dec. 2014 (Sources: MoneyControl, NSE, BSE, RBI, MCX)
AUDIT
1.0 Public Sector Banks to get Autonomy on
Appointment of Auditors
In order to give autonomy to the Public Sector
Banks(PSBs) on the issue of selection and
appointment of Statutory Central Auditors (SCAs),
the work of selection and appointment of SCAs
henceforth, has been delegated to individual PSBs
for the year 2014-15 onwards.
2.0 ICAI terminates membership of Satyam
auditors
The Institute of Chartered Accountants of India
(ICAI) has terminated the membership of the auditors,
internal auditors & accountants of Satyam Computer
Services for whole life. The institute has also imposed
a fine of `5 lakh on each of them. This is maximum
punishment the ICAI can award for such
misconducts.
Registration, Licensing and Regulations
Small finance bank to be registered as a Public Limited
Company under Companies Act, 2013.
Eligible Promoters
Resident individuals/professionals with 10 years of
experience in banking and finance; and Companies
and Societies owned and controlled by residents
Existing Non-Banking Finance Companies (NBFCs),
Micro Finance Institutions (MFIs), and Local Area
Banks (LABs) that are owned and controlled by
residents can opt for conversion into small finance banks
Joint ventures by different promoter groups for setting
up small finance banks not permitted
Scope of Activities
Can also become a Category II Authorised Dealer in
foreign exchange business for its clients' requirements.
Cannot set up subsidiaries to undertake non-banking
financial services activities
Capital Requirement
Minimum paid-up equity capital of Rs. 100 crore
Promoter's Contribution
Promoter's minimum initial contribution to the paid-
up equity capital at least be 40 per cent
Foreign Investment
FDI upto a maximum of 74% of the paid-up capital
Contact details : Dharampal (9013363257) All India Chartered Accountants’ Society - CFO World 909, Chiranjiv Tower, 43, Nehru Place,
New Delhi-110019. Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS
E-mail: pankajguptafcs@gmail.com PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered
Accountants’ Society, 4696, Brij Bhawan, 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com
Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept
any responsibility.
If undelivered, please return to :
All India CharteredAccountants’Society
4696, Brij Bhawan 21A, Ansari Road,
Darya Ganj, New Delhi-110 002
Date of Printing : 12th
December, 2014
R.N.I. No. 50796/90
Posting Date: 14/15 December, 2014
Registration No. DL(c)-01/1268/2012-14
Licenced to post without prepayment No. U-(C)-82/2012-14
Contd........
EDITORIAL
The international auditing practice and standards has
been further fine- tuned by the Indian chartered
Accountant firms based on complex ancient Indian
accounting and Auditing techniques, technical skills
inherited from thousands of years. They are able to ensure
that there are no cases of fraud or manipulation which
went unnoticed by them. The major difference that the
Indian origin chartered accountant firms do not undertake
any assignment only in a standard technical manner and
actually review sampling, knowledge of business,
applicable laws, internal control, delegation of powers,
business processes, business acumen and dealing with
highly confidential areas with unmatchable knowledge
and skill of Indian origin chartered accountant.
Indian Prime Minister Mr. Narendra Modi has
recently observed "Indian Government as well as
Indian Companies and all other businesses have
complete faith in Indian Chartered accountants
because of their professional approach and
commitment to serve efficiently and effectively."
The Indian origin chartered accountant firms need to
come together and communicate their tremendous
strength and advantages, as a class to not only
international investors and multinational companies but
also among Indian entrepreneurs, banks and institutions
providing equity fund, venture capital fund and alternative
investment fund, media, government and thinkers with
various intellectual forum about deep expertise and
capability of Indian origin chartered accountant firms as
well as Indian chartered accountants. The Chartered
Accountant in Industry and CFOs have a special role
in having confidence on Indian CA firms and to effectively
communicate this without hesitation as they will gain the
maximum respect and support from Indian CA firms as
a team to efficiently and effectively resolve all their issues.
Indian CA Firms: Gaining......

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Indian CA Firms: Gaining Momentum

  • 1. Indian CA Firms: Gaining Momentum EDITORIAL Volume XXV, No. 12, December, 2014 The Indian profession of Chartered Accountants has in recent past faced a large number of challenges including aspersions on their integrity and independence arising out of certain large scale financial frauds and manipulation of financial statements by banks, investment banks and large companies outside India including companies like Satyam in India. The Institute of Chartered Accountants of India have severely punished those who were found guilty in various financial frauds and even removed certain chartered accountants found guilty for Satyam scam for their life from the membership of the Institute. Most of these corporate failures did not had any Indian origin CA firm as their Auditors. Indian origin chartered accountant firms, barring certain insignificant exceptions, have proved that they had been sincerely following the basic principles of code of conduct, code of ethics and tough professional standards with independence, integrity and excellence. It has been noticed during last 3 decades a number of public sector companies, the government, large public sector banks appoint their consultants and international GAAPAuditors from among large multinational brands on the basis of their size or international experience. Even large private sector companies and institutions have an apprehension in mind that Private equity funds, venture capital fund, large investing institutions, high net worth individuals and foreign institutional investors may not give adequate weightage to Indian origin CA Firms. It is a matter of great satisfaction that all the Indian origin Chartered Accountant Firms have gained tremendous momentum during last 10 years not only in delivery infrastructure, size, geographical spread and have gained * Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004 contd......Pg.8 Celebrating 25 Years of Glorious Publishing CAVinod Jain* very deep expertise, experience and technology in all professional areas. The Indian origin chartered accountant firms are fully geared up to take on any challenging consulting, taxation and audit assignment to meet to the expectations of all kind of investors & other stake holders. The Indian chartered accountant firms have very good infrastructure, library and research material in addition to very deep professional aptitude to deliver professional service in an excellent manner. The major difference, the Indian origin chartered accountant firms are making is in their commitments to their clients' interest with complete client ownership. The clients of Indian CA firms consult them on all strategic, professional, structural, personal and even family matters. The sustained growth of the clients with full justice to all stake holders in a transparent and independent manner is the biggest asset of the Indian origin chartered accountant firms. The Indian industrial and service sector are making large investments worldwide and in spite of their compulsion to take service from local chartered accountants/CPA, Indian origin clients are invariably taking the strategic support and professional services from an Indian origin Chartered Accountant firm. Even the large multinational corporations working in India have developed great confidence in Indian origin chartered accountant firms not only because of their professional commitment, professional capability and expertise but also because of special skill and higly efficient and effective professional technology, which Indian origin chartered accountant firms have been able to apply as an expert. The Indian origin chartered accountant firms have a special expertise in the area of audit and once a senior Indian chartered accountant reviews the financial statement, undertakes ledger scrutiny and examine relevant evidence, their professional excellence always provide a 100% guarantee against fraud, manipulation and mis statement.
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD DECEMBER 2014 LATEST IN FINANCE 2 LATEST IN FINANCE 1.0 WPI at 1.77% - 5 YEAR Low Falling food and commodity prices saw wholesale inflation easing to a five-year low in October. 2.0 Gujarat offers 100% subsidy on CST under new electronics policy As per the newly announced electronics policy, among other sops, the Government will offer 100 per cent subsidy on Central Sales Tax (CST) and VAT refund equal to 90 per cent of capital investment made for expansion of the existing manufacturing units. 3.0 Easier Exit Rules for highway developers To relax exit policy rules for road projects, the Govt. has decided to allow Road developers to sell their completed or stuck project, which will free them up to invest in other projects. Currently, developers have to hold at least 26% stake in highway projects.The proposed change will be applicable for highway projects signed up before 2009 as well. 4.0 Small Mineral Miners - Green nod by States Mineral mines operating on less than five hectares in a critically polluted, protected or eco-sensitive zone can get green nod from states. 5.0 ECB proceeds can be kept as Fixed Deposits for 6 months The Reserve Bank of India (RBI) has eased the norms for parking external commercial borrowings (ECBs) to allow companies to keep them as fixed deposits for six months for use at a later stage. 6.0 Fiscal relief for India as OPEC maintains output Crude oil prices are set to decline further, with the Organization of the Petroleum Exporting Countries (OPEC) deciding to maintain output at 30 million barrels per day, resisting calls from Venezuela that the group stem the slide in prices. 7.0 NPV of Coal Blocks may be set at twice the domestic price The government is likely to set the benchmark for determining net present value of coal blocks earmarked for auction at double the price of domestic coal, according to a senior official. This assumes importance as 90% of net present value (NPV) of a tonne of coal will be the floor price for auctioning the blocks and 10% of the total NPV of the block will have to be paid up- front by the highest bidder. NPV is the current valuation of future earnings from a coal block. 8.0 Railways opens `12,000-crore worth projects for Private, Foreign Investment The Railways is opening up for investment by foreign and domestic players sanctioned projects worth `12,000 crore. This amount would go up if one were to add the high-speed rail link projects costing almost ` 77,000 crore which are yet to be sanctioned and some projects - such as the North-South freight corridor and passenger terminal development of several stations - whose costs are yet to be worked out. 9.0 Major Ports to form Company for last-mile connectivity To put port connectivity works on a fast track, 12 Indian ports will pool the resources to set up a new company. The Union government is set to clear a proposal for creation of a Port Infrastructure Vikas Nigam Ltd. The company will construct, operate and maintain rail and road infrastructure to facilitate connectivity for transportation of goods from ports in India or abroad. 10.0 RBI cautions firms on raising money abroad Noting some companies are routing funds raised abroad to India by flouting the norms in this regard, RBI has asked banks not to give guarantees to companies for such borrowing and non compliance will lead to penal action. Some companies are accessing the markets abroad for debt funds through foreign arms - holding company, associate, subsidiary or group companies. This money is routed to the Indian company which accounts for the sole or major operations of the group, RBI said in a communication to banks. Such funds are raised at rates exceeding the ceiling applicable under the foreign exchange management regulations. These companies use different methods and structures for channeling such funds for Indian operations, including investment in rupee bonds floated by Indian company. 11.0 Power Projects - Revival being worked out According to Association of Power Producers, a grouping of private power companies, projects of 136,000 MW involving a capital outlay of over
  • 3. 3 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY DECEMBER 2014 LATEST IN FINANCE ` 620,000 crores have been affected due to various factors. A Panel headed by India Infra- structure Finance Company Chairman Santosh B Nayar has looked into their demands on ways to rescue the stressed assets and has submitted its recommendations to the finance ministry: For projects stuck in court cases, the account may be allowed to continue as "standard" till a final settlement is reached. For existing projects, delayed beyond two years, the provisioning by banks should be kept at 0.4 per cent instead of 5 per cent that is required at present. The panel also said that all viable projects may be allowed a one-time dispensation for refinancing with an extension in the repayment tenure. In order to tackle the issue of funding of cost overruns, the lenders may be allowed to decide on the quantum of funding and revise the repayment schedule. The power ministry should come out with a FDI in Construction Development: Townships, Housing, Built-up infrastructure Minimum area to be developed under each project would be as under: In case of development of serviced plots, no minimum land area requirement. In case of construction-development projects, a minimum floor area of 20,000 sq. meter. Minimum FDI of US$ 5 million within six months of commencement of the project. Subsequent tranches of FDI can be brought till the period of ten years from the commencement of the project or before the completion of project, whichever expires earlier. The investor will be permitted to exit on completion of the project or after development of trunk infrastructure i.e. roads, water supply, street lighting, drainage and sewerage. The Government may, in view of facts and circumstances of a case, permit repatriation of FDI or transfer of stake by one non-resident investor to another non-resident investor, before the completion of project. These proposals will be considered by FIPB on case to case basis. policy on long-term fuel linkage for projects whose coal blocks have been cancelled. 12.0 New Depository Scheme from December 15 Indian corporates, both listed and unlisted, would be able to raise money through depository receipts in 34 foreign jurisdictions including Argentina, Australia, Brazil, China, Finland, France, Greece, Iceland, Ireland and ltaly, from December 15. 13.0 SEBI allows Foreign VCs to Finance Core Investment Firms SEBI plans to allow foreign venture capital investors (FVCI) to invest in core investment companies (CIC) which fund the infrastructure sector. CICs are companies which have their assets predominantly as investments in shares for holding stake in group companies which is neither for trading nor for carrying on any other financial activity. Real Estate FDI Relaxed The Indian Investee company will be permitted to sell only developed plots. It is clarified that FDI is not permitted in an entity which is engaged or proposes to engage in real estate business, construction of farm houses and trading in transferable development rights (TDRs). The conditions of minimum area or minimum FDI or exit, will not apply to Hotels & Tourist resorts; Hospitals; Special Economic Zones (SEZs); Educational Institutions, Old Age Homes and Investment by NRIs. The conditions of minimum area or minimum FDI, will also not apply to investee/joint venture companies which commit at least 30 percent of the total project cost for low cost affordable housing. Project using at least 40% of the FAR/FSI (Floor Area Ratio/ Floor Space Index) for dwelling unit of floor area of not more than 140 square meter will be considered as Affordable Housing Project for the purpose of FDI policy in Construction Development Sector. Out of the total FAR/FSI reserved for Affordable Housing, at least one- fourth should be for houses of floor area of not more than 60 square meter. It is clarified that 100% FDI under automatic route is permitted in completed projects for operation and management of townships, malls/ shopping complexes and business centres.
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD DECEMBER 2014 DIRECT TAXATION / INDIRECT TAXATION DIRECT TAXATION 1.0 Advance Pricing-becoming reality Mitsui, Toyota and Marubeni are likely to be among Japanese companies that would sign the first set of bilateral advance-pricing agreements (APA) with India shortly. These agreements will provide certainty to Japanese multinational firms operating in India and avoid conflicts over sharing of taxes between India and that country. What is an APA? An agreement between a taxpayer and the tax authority over the methodology to be used for computing the arm's-length price of transactions carried out among group firms What are bilateral APAs? Those involving a taxpayer, the Indian tax authority and a foreign tax authority Which are the big firms locked in transfer- pricing disputes? Vodafone, Shell, Microsoft, IBM, Maruti, Gillette, Bharti Airtel, Essar, Standard Chartered, HSBC Securities & Capital Markets, Havells, Nokia. 2.0 SEBI takes first step to 'Single Record' for all Financial Assets A single consolidated view of all investments made by a person in mutual funds and other securities held in demat form would be provided from March 2015. AMCs/MF-RTAs (Asset Management Companies/ Mutual Fund-Registrar & TransferAgents) would have to provide the data with respect to the common PANs to the depositories within three days from month end. 3.0 Shell wins transfer-pricing tax dispute in Bombay HC What the case is all about: It relates to the issue of 8.7 crore shares by Shell India Markets Pvt Ltd to its overseas parent company Shell Gas BV in March 2009. The shares were issued at ` 10 a share, which the income-tax authorities contested and pegged higher at ` 180 a share. The I-T Department charged Shell India of under-pricing a share transfer within the group by ` 15,220 crore, and consequently evading taxes. How the case evolved: Shell India moved the Bombay High Court contesting that the issue of shares was capital transaction and out of the INDIRECTTAXATION 1.0 Clarification regarding availment of CENVAT credit after six months It is clarified that in each of the below mentioned three situations, the limitation of six months would apply when the credit is taken for the first time. It would not apply for taking re-credit of amount reversed in case of the following: If the payment of value of input service and service tax payable is not made within three months of date of invoice, bill or challan, then the CENVAT Credit availed is required to be paid back by the manufacturer or service provider. Subsequently, when such payment ofvalueofinputserviceandservicetaxismade, the amount so paid back can be re-credited. According to Rule 3(5B) of CCR, 2004, if the value of any input or capital goods before being put to use on which CENVAT Credit has been taken, is written off or such provisions made in Books of Account, the transfer pricing bracket. The High Court ruled in favour of Shell. The order will have an impact on other multinationals fighting the tax department on similar grounds. The government is not likely to appeal further, in line with its decision to reduce tax litigation. Vodafone case was also decided in favour of tax payer, which had similar facts. 4.0 Money paid under consent settlement can be treated as business expense The Income Tax Appellate Tribunal (ITAT) has clarified that money paid under the consent decree mechanism to settle disputes is permissible as business expenditure and cannot be equated to penalty levied for breaching law. 5.0 Money paid under consent settlement can be treated as business expense Section 40A(2) - Excessive or unreasonable payments of Salary to director The High Court of Delhi has held that where due to efforts of director of assessee-company, business of assessee had increased substantially and he was assisting assessee in its new hotel project, excessive salary payment to him was reasonable. Commissioner of Income-tax-III vs. Spank Hotels Ltd., [2014] 50 taxmann.com 452 (Delhi)
  • 5. 5 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY DECEMBER 2014 INDIRECT TAXATION / CORPORATE & ECONOMIC LAW manufacturer or service provider is required to pay an amount equal to credit so taken. However, when the inputs or capital goods are subsequently used, the amount so paid can be re-credited in the account. Rule 4(5)(a) of CCR, 2004 prescribes that in case inputs sent to job worker are not received back within 180 days, the manufacturer or service provider is required to pay an amount equal to credit taken on such inputs in the first instance. However, when the inputs are subsequently received back from job worker, the amount so paid can be re-credited in the account. 2.0 Proposed changes in GST norms Key difference in the consitution amendment Bills of 2011 and 2014 2011 2014 EntryTax After introduction GST will sub- of GST, entry tax sume all kinds levied by local of entry tax bodies will stay Petroleum Will be kept out To be included products of GST, with a in GST at zero provision in the rate; states can Constitution continue to apply VAT Dispute To adjudicate No such settlement Centre-state authority to authority disputes resulting settle disputes; in any loss of GST Council revenue to decide 3.0 Panel moots stiff 27% revenue-neutral GST Proposal by states committee could negate benefits of new tax Current Indirect Tax Rates (%) Central Excise Service VAT (median) Tax 12 12 4-5, 12.5-14.5* GST/RNR(%) Central State suggested by GST GST Panel set up by empowered 12.77 13.91 committee of state FM## NIPFP - 12-20# 13th Finance Commission 5 7 Task Force Kelkar Committee on Fiscal 8 6** Consolidation 1.0 Companies (Amendment) Bill, 2014 The Government has tabled the Companies (Amendment) Bill before the Parliament. The bill proposes punishment for illegal money pooling activities, amid rising instances of people getting duped by such fraudulent schemes. Besides, the changes pertain to related party transactions, fraud reporting by auditors, public inspection of board resolutions, responsibilities of audit committee, requirement of minimum paid-up share capital and strengthening of benches for hearing winding up cases. Amendments have been proposed with regard to restrictions on bail, making common seal optional and jurisdiction of special courts to try offences. 2.0 No Stock Limits on Commodities in Regulated Warehouses: FMC In a big relief to commodity futures market players, the government has exempted commodities kept in regulated warehouses from the purview of stock limits imposed by state governments to curb hoarding under the Essential Commodities Act. *The lower rate is on essential items called merit goods, while the higher standard rates apply on all other goods, he weighted average rate is around 11%. ** Kelkar said though RNR for states would be 6%, they could be allowed to levy SGST at 7%. #Combined rate for central and state GSTs ##A panel of central and state officials, which reviewed an earlier report of NIPFP. 4.0 States disrupting VAT chain Punjab: Tax only at first point of sales for TVs, cold drinks, refrigerators, etc Gujarat: Limited input tax credit, none on naphtha Kerala: Turnover tax of 2% on textiles Tamil Nadu: Input tax credit only within the state Maharashtra: No input tax credit on crude oil 5.0 Telecom service providers won't get credit for taxes on towers Mobile phone operators like Vodafone, Reliance Communications and Idea will not be able to claim credit for the excise duty paid on the items used in their towers to meet the final service charge liability with the Central Board of Excise and Customs (CBEC) asking all field officers to deny the facility. CORPORATE & ECONOMIC LAW
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD DECEMBER 2014 CORPORATE & ECONOMIC LAW / CAPITAL MARKET / AUDIT 3.0 Land acquisition will lapse for non-payments The new land acquisition law has given a severe blow to governments which issue notifications of take-over, but do nothing for years and even deny payments to the land owners. If the delay is more than five years, even if caused by stay orders from courts, the acquisition will lapse. 4.0 Revival of a sick company to take precedence over recovery proceedings, SC rules The Supreme Court has said that the revival of a sick company will take precedence over recovery proceedings. The provisions of the Sick Industrial Companies Act (SICA), 1985, will prevail over the Recovery of Debts Due to Banks and Financial Institutions (RDBB)Act, 1993, said a three-judge bench, headed by chief justice of India HL Dattu. 5.0 Ministry offers clarity on issuance of Foreign Currency Bonds It is clarified by Minstry of Corporate Affairs (MCA) that the provisions related to prospectus and allotment of securities under the new companies law will not be applicable to foreign currency bonds that are issued exclusively to persons residing outside India. New FCCBs guidelines are being worked out by the ministry. 6.0 Contempt power only with High Courts The Madras High Court last week ruled that subordinate courts cannot invoke the Contempt of Court Act to punish a person disobeying judicial orders. That power belongs only to the Supreme Court and the High Courts. 7.0 BIFR sole authority to move companies out of its supervision: Supreme Court The Supreme Court has held that the Board for Industrial and Financial Reconstruction (BIFR) will continue to have jurisdiction over any sick company referred to the agency even if its net worth becomes positive. The board is also the sole authority to decide whether or not such a company can be moved out of its supervision, the court observed. GhanshyamSarda vs. Shiv Shankar Trading Co. [2014] 51 taxmann.com 368 (SC) 8.0 Company Secretary to act as Compliance Officer: SEBI Market regulator SEBI has mandated the appointment of Company Secretary as compliance officer for the purpose of the newly- framed listing regulations. The latest SEBI 1.0 NSE launches online complaint window The NSE (National Stock Exchange) has put in place a system to register a complaint on its website. Investors/public has the option to provide details on the matter either anonymously or otherwise on violations/manipulations by market participants that may adversely affect the market quality and integrity. 2.0 SEBI tightens Delisting and Insider Trading Regulations Delisting Delisting and buyback offer should be done through exchanges At least 25% of the total number of public shareholders will have to be sought by Cos Offer price will be based on an average of promoters' offer price and investors' tender price with a threshold of 90% of equity Promoter cannot make a delisting offer if group entity has sold shares within 6 months of the board meeting to decide delisting Option to the acquirer to delist directly through Delisting Regulations pursuant to triggering takeover regulations provided. Insider Trading All persons and their immediate relatives with a contractual, fiduciary or employment relationship with the company, with access to unpublished price sensitive-information, included as insider Insider have to disclose trading plan on stock exchanges Directors and management prohibited from F&O trading The onus of proving that they were not in possession of the price-sensitive information has been put on them. Mutual Funds AMCs, yet to meet with net-worth norm of ` 50 crores, can launch only two schemes a year. CAPITAL MARKET requirement widens the area of responsibilities of a Company Secretary and makes him solely responsible for compliance of listing regulations, according to capital market observers.
  • 7. 7 ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY DECEMBER 2014 AUDIT / GUIDELINES FOR SMALL FINANCE BANKS Prudential Norms Will be subject to all prudential norms and regulations of RBI as applicable to existing commercial banks including requirement of maintenance of CRR and SLR Required to extend 75 per cent of its Adjusted Net Bank Credit (ANBC) to the sectors eligible for classification as priority sector lending (PSL) by RBI Maximum exposure to a single/group obligor to be restricted to 10%/15% of its capital funds, respectively. Corporate Governance The Board of the bank should have a majority of Independent Directors Bank should comply with the corporate governance guidelines including 'fit and proper' criteria for Directors as issued by RBI from time to time Other Conditions If a promoter setting up a small finance bank desires to set up a Payment Bank, it should set up both types of banks under a Non-Operative Financial Holding Company (NOFHC) structure. However, a promoter will not be granted licences for both universal bank and small finance bank The small finance bank cannot be a Business Correspondent (BC) for another bank. However, it can have its own BC network. Last Date for Application: 16th January, 2015 vaibhavjain@inmacs.com, +91 9711310004 LICENSING OF "SMALL FINANCE BANKS" IN THE PRIVATE SECTOR FINANCIAL INDICATORS CurrentRate* MonthAgo 3Month 6Month 3 Month LIBOR (%) 0.2399 0.2326 0.2346 0.23 3 Month MIBOR (%) 8.55 8.73 8.91 8.85 SENSEX 27831 27874.73 27057.41 25584 NIFTY 8355.65 8344.25 8094.1 7656 CRR (%) 4 4 4 4 REPO (%) 8 8 8 8 REVERSE REPO (%) 7 7 7 7 Gold (per 10 gm) 27220 25923 27285 25988.00 Silver (per kg) 38112 35007 41336 40230.00 Crude (USD/bbl) 64.24 82.13 97.13 110.22 ` vs USD 61.95 61.4513 60.8256 59.28 ` vs Euro 76.7499 76.6789 78.6597 80.30 ` vs 100 Yen 51.98 53.86 57.12 57.95 ` vs RMB 10.0319 10.0474 9.929 9.52 ` vs Pound 97.1562 97.7567 98.1482 99.48 MCX Aluminium 121.95 125.4 122.35 111.35 MCX Copper 399.35 412 413.25 396.30 *As on 10th Dec. 2014 (Sources: MoneyControl, NSE, BSE, RBI, MCX) AUDIT 1.0 Public Sector Banks to get Autonomy on Appointment of Auditors In order to give autonomy to the Public Sector Banks(PSBs) on the issue of selection and appointment of Statutory Central Auditors (SCAs), the work of selection and appointment of SCAs henceforth, has been delegated to individual PSBs for the year 2014-15 onwards. 2.0 ICAI terminates membership of Satyam auditors The Institute of Chartered Accountants of India (ICAI) has terminated the membership of the auditors, internal auditors & accountants of Satyam Computer Services for whole life. The institute has also imposed a fine of `5 lakh on each of them. This is maximum punishment the ICAI can award for such misconducts. Registration, Licensing and Regulations Small finance bank to be registered as a Public Limited Company under Companies Act, 2013. Eligible Promoters Resident individuals/professionals with 10 years of experience in banking and finance; and Companies and Societies owned and controlled by residents Existing Non-Banking Finance Companies (NBFCs), Micro Finance Institutions (MFIs), and Local Area Banks (LABs) that are owned and controlled by residents can opt for conversion into small finance banks Joint ventures by different promoter groups for setting up small finance banks not permitted Scope of Activities Can also become a Category II Authorised Dealer in foreign exchange business for its clients' requirements. Cannot set up subsidiaries to undertake non-banking financial services activities Capital Requirement Minimum paid-up equity capital of Rs. 100 crore Promoter's Contribution Promoter's minimum initial contribution to the paid- up equity capital at least be 40 per cent Foreign Investment FDI upto a maximum of 74% of the paid-up capital
  • 8. Contact details : Dharampal (9013363257) All India Chartered Accountants’ Society - CFO World 909, Chiranjiv Tower, 43, Nehru Place, New Delhi-110019. Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS E-mail: pankajguptafcs@gmail.com PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered Accountants’ Society, 4696, Brij Bhawan, 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept any responsibility. If undelivered, please return to : All India CharteredAccountants’Society 4696, Brij Bhawan 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Date of Printing : 12th December, 2014 R.N.I. No. 50796/90 Posting Date: 14/15 December, 2014 Registration No. DL(c)-01/1268/2012-14 Licenced to post without prepayment No. U-(C)-82/2012-14 Contd........ EDITORIAL The international auditing practice and standards has been further fine- tuned by the Indian chartered Accountant firms based on complex ancient Indian accounting and Auditing techniques, technical skills inherited from thousands of years. They are able to ensure that there are no cases of fraud or manipulation which went unnoticed by them. The major difference that the Indian origin chartered accountant firms do not undertake any assignment only in a standard technical manner and actually review sampling, knowledge of business, applicable laws, internal control, delegation of powers, business processes, business acumen and dealing with highly confidential areas with unmatchable knowledge and skill of Indian origin chartered accountant. Indian Prime Minister Mr. Narendra Modi has recently observed "Indian Government as well as Indian Companies and all other businesses have complete faith in Indian Chartered accountants because of their professional approach and commitment to serve efficiently and effectively." The Indian origin chartered accountant firms need to come together and communicate their tremendous strength and advantages, as a class to not only international investors and multinational companies but also among Indian entrepreneurs, banks and institutions providing equity fund, venture capital fund and alternative investment fund, media, government and thinkers with various intellectual forum about deep expertise and capability of Indian origin chartered accountant firms as well as Indian chartered accountants. The Chartered Accountant in Industry and CFOs have a special role in having confidence on Indian CA firms and to effectively communicate this without hesitation as they will gain the maximum respect and support from Indian CA firms as a team to efficiently and effectively resolve all their issues. Indian CA Firms: Gaining......