SlideShare a Scribd company logo
1 of 8
Download to read offline
Volume XXIV, No. 05, May, 2013
The general public and the society
including top bureaucrats, politicians,
media personnel, social activists,
thinkers, intellectuals and policy
makers and those who determine the
future directions of the society and the
economy expect the auditing profession
to perform the roles of a watchdog who
can monitor the auditee entity
comprehensively to ensure that interest
of owners, minority shareholders, investors, bankers,
government, regulators, suppliers, customers and other stake
holders are fully protected. Most importantly interest of the
auditee entity are preserved and various financial and
operational decisions taken by the management at various
levels were in the interest of the company and were within the
policy framework laid down by the Board.
TheComptroller&AuditorGeneralofIndia(CAG)hasgiven
a new dimension to the scope of audit by issuing several
path-breaking and courageous audit reports bringing out large
number of severe infirmities and financial irregularities in the
working of the government, ministries and various independent
autonomous government bodies, and regulators. According
to CAG report they have questioned the decisions taken at
various levels of the government, which according to CAG
were beyond the overall policy framework laid down by the
government. CAG has been very critical on -
Performance Parameters : The various CAG reports
have questioned the performance achieved by various
government departments and bodies, as compared to
money and resources allocated to them and spent by
them.
Performance Achievement : CAG has also outlined
performance appraisal in its reports, the areas in which
the overall purposes for which a significant financial layout
was made, was not achieved.
SCOPE OF AUDIT –
CHANGING DIMENSIONS
Contd............... on pg 8
CAVinod Jain*
* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004
EDITORIAL
The telecom sector growth has been crippled after the 2G
scam controversy arose. The Hon'ble Supreme Court rejected
all the licenses given in an irregular manner. The government
is playing hot & cold and is unable to take appropriate
decisions in a businesslike manner to suit the interest of all
stakeholders and more specifically the telecom users besides
the service providers. The auction of the spectrum has failed
miserably twice due to very heavy reserve price.
A heavy reserve price actually indicates the CAG stand about
the loss of profit due to first cum first serve policy, bringing
forth allegations of FT, corruption. The Attorney General of
India has bought a new assault, opining against the refunding
of entry fee of 2G players whose licenses have been cancelled
by Supreme Court.
Hon'ble former Prime Minister ShriAtal Bihari Vajpayee took a
very pragmatic step in 1999 while allowing telecom operators
to migrate from fixed license fee to revenue share regime &
also extending the license tenure to 15 years including an
opportunity to even rectify the deficiency in applications.
UPA government needs to take the most crucial step of
bringing back common business sense while dealing with
businesses. The government is unnecessarily frightened from
possible judicial intervention.
The government should not concentrate on collecting very
heavy license fee as it will kill competition; create oligopoly,
resulting in heavier telecom charges, negatively impacting
inclusive growth besides adversely affecting growth of
telecom sector itself. The government may consider:-
1. To make application fee cum license fee refundable in
respect of cancelled licenses, as it is most equitable and
will bring back faith in the government.
2. Rather than charging license through auction, revenue
sharing formula needs to be bought back, with auctioning
the maximization of revenue sharing.
TELECOM SECTOR –
CRIPPLED BY GOVERNMENT
Contd............... on pg 3
2 THE CHARTERED ACCOUNTANT WORLD – May 2013
LATEST IN FINANCE
1.0 RBI to Permit Urban Co-operative Banks to
Grant Unsecured Loans up to 25% of Assets
To promote lending to priority sectors, The
Reserve Bank of India (RBI) has allowed Urban
Co-operative Banks (UCBs) to grant unsecured
loans up to 25% of their assets if certain conditions
are met.
The Reserve Bank of India (RBI) has said that in
order to promote lending to priority sectors and
to provide impetus to the objective of financial
inclusion it has been decided that UCBs fulfilling
conditions may, with the prior approval of the
Reserve Bank, grant unsecured loans (with or
without surety) up to 25% of their total assets.
2.0 RBI not keen on Bank Licence Auction as it
will deter Financial Inclusion
The Reserve Bank of India (RBI) Governor
D. Subbarao has told the parliamentary committee
examining the policy on new banking licenses is
not in favour of auctioning bank licenses as it
will deter the cause of financial inclusion. The
RBI governor has also informed the committee
that no limit has been set up for the number of
bank licenses that will be issued.
3.0 No takers forAnnuity Based Highway Projects
worth ` 1900 Cr
Highway Projects worth over ` 1900 Crores
have found no takers even though these are based
on the annuity model under which the
concessionaire recovers a fixed amount of the
investment from the Centre each year, a situation
that reflects the poor policy framework.
4.0 Sugar Sector Decontrolled
Initiating the long-awaited reform, the
Government has lifted controls on the sugar sector
partially by doing away with the levy system and
regulated release mechanism.
5.0 New EPFO Norms to Boost Infra Funds Inflows
The Employees Provident Fund Organization's
(EPFO's) recent relaxation of investment norms
for public sector bonds is likely to trigger a flow
of funds into the infrastructure segment, through
the Infrastructure Debt Funds (IDFs).
In the new guidelines, any AAA-rated public
sector unit will qualify for investments for tenure
up to 25 years. Any AA-rated PSU will qualify
for investments for tenure up to 15 years.
6.0 HC Bars Co-operative Banks from Debt
Recovery Under SARFAESI
The Gujarat High Court has held that cooperative
banks cannot use the Securitisation and
Reconstruction of Financial Assets of Security
Interest Act (SARFAESI), 2002 for recovery of
debts from its defaulters.
7.0 Suzlon's $1.8-Bn Debt-recast: A Unique Plan
The CDR package of $1.8 billion (` 9,500 crore)
includes a two year moratorium on principal and
term-debt interest payments; a three percent
reduction in interest rates and six months
moratorium on working capital interest.
As a part of the package, ` 1,500 crore (two
year's interest payment during moratorium) will
be converted into equity or equity linked
instrument over the next two years to bring
stronger financial stability and a 10 year door-to-
door back-ended repayment plan. In January,
Suzlon received approval from a consortium of
19 banks to recast its debt.
8.0 Co's with captive Coal Mines may be allowed
to produce & sell surplus
In yet another initiative to step up domestic coal
output without impinging on the Coal Mines
(Nationalization) Act that bars commercial coal
mining by private players, the government intends
to encourage companies with captive coal mines
to produce surplus. What is being considered is
a commercial arrangement that would entail use
of the e-auction platform, which normally fetches
higher profits and where the gains will be shared
between the public sector (Coal India or CIL and
state mineral development corporations) and the
private firms operating captive coal mines.
9.0 Banks serve loan Recall Notice on Kingfisher
Airlines
State Bank of India has said that a loan recall
notice has been served on the defunct Kingfisher
Airlines (KFA) on behalf of the consortium of 17
lenders. The notices under the SARFAESI Act,
DRT and other processes will follow.
LATEST IN FINANCE
3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
EDITORIAL
Contd............... from pg 1
SCOPE OF AUDIT ......
EDITORIAL
Physical Outcome : CAG has also examined the
actual physical outcome in certain areas as compared
to what is documented by various financial
statements, vouchers, contracts, reports and other
documents.
Accounting Policy : CAG has also questioned various
accounting policies adopted by organizations working
in PPP model, wherein revenue of the government or
resources of the government have been compromised
due to non adoption of generally accepted accounting
practices. For e.g. in one of the airports developed in
terms of PPP model, the money received by the private
sector developer from long term lease of the land to
number of hotels amounting to thousands of crores
have been accounted for by the developer as capital
receipts and the developer has not shared mandatory
46% revenue with the government.
Decisions Review : CAG in its reports have also
questioned a large number of decisions taken at the
highest level and middle level of the management
which were, although technically documented, on the
face of it as appropriate but in fact most of such
decisions were neither taken in the best interest of
the government or the regulators or organizations
concerned. Most importantly these decisions were
beyond the overall policy framework laid down by
the government/audit entity.
The aforesaid initiatives on the part of Hon'ble CAG
have brought to light a new debate within the audit
profession and the entire chartered accountants circle
as to what should be the real scope of audit and can
be really ignored the real expectation of the society
and the public from the profession of chartered
accountants and auditors. Could not understand this?
Auditors' debate: The entire auditing profession,
more especially all leading chartered accountants are
very actively debating on as to whether the
international standards on auditing need a
comprehensive revision and rather than only
reporting on internal control, compliance of various
decisions, documentation, supporting vouchers, bills,
receipts of goods and other supporting facts and
figure examination, is the real audit different and
whether the expectation gap is real. The auditors are
debating as to -
1. Whether they can question the decisions taken by
the management at various levels, in case they are
not in the interest of the company or they are not in
accordance with the overall policy guidelines
determined by the Board or shareholders/owners.
2. Whether the auditors should review the actual
performance vis-a-vis budgeted, standard or estimated
performance at the time of financial outlay. Whether
performance of management team need to be critically
examined by the Auditors.
3. Whether besides the examination of financial figures
and documentation supporting them, auditors need
to confirm and verify as to whether the purpose to
which the money was spent has been achieved.
4. Whether the Physical outcome arising out of the
financial outlay is commensurate to the money spent.
5. Whether adequate due diligence was undertaken while
carrying out various functions of the management.
6. Whether the auditors need to go in real corporate
governance, rather than just verifying only symptoms
or requirements of compliance of corporate
governance indicators.
7. Whether the auditors can review the information
disclosed to the audit committee or to the board of
directors and to the shareholders, with a view to
achieve adequate transparency and responsibility in
the decision making process.
8. Whether the quality of services or quality of goods,
claimed by the corporate were achieved or the
corporate concerned is playing with the interest of
various stake holders including customers, suppliers
and employees and most importantly the shareholders.
9. Whether the propriety aspects of the audit are to be
undertaken by the auditors, once the shareholders
appoint them to review and undertake the audit and
assurance process.
10. Whether auditors can question the extravagant or
unwarranted cost and expenses.
11. Whether related party transactions are in the interest
of the company or their justification can be reviewed.
12. Whether the money advances has unsecured loan as
interest free loan or certain guarantees, advances or
expenses were incurred without adequate justification,
bearing the interest of the company in mind.
The aforesaid list is unending and can be summarized in
one statement i.e. whether the auditors should be made
responsible to ensure that the affairs of the audit entity are
managed in a manner that they are genuinely in the interest
of the owners, minority shareholders, buyers, suppliers,
employees, government and regulators, society and most
importantly the overall interest of the audit entity and the
nation. You can't expect auditors to be all pervasive, do all
and know all kind of class….Please rethink on this issue.
4 THE CHARTERED ACCOUNTANT WORLD – May 2013
CAPITAL MARKET / CORPORATE AND ECONOMIC LAWS
CORPORATE AND ECONOMIC LAWS
1.0 Company Petition Maintainable
The Supreme Court has said aside the judgment
of the Calcutta High Court in the long - standing
dispute between Bhagwati Developers and
CAPITAL MARKET
1.0 SEBI asks Osian to close Art Fund
The Stock market regulator Securities &
Exchange Board of India (SEBI) has directed
Osian's -Connoisseurs of Art Pvt Ltd, an art fund
to wind up its existing 'collective investment
scheme' (CIS). Osian had raised ` 102.40 crore
from 656 investors.
Osian has also been directed to refund the money
to its investors within three months and submit a
winding up report. Osian also has to pay the higher
of profits earned according to its offer terms or
10 per cent interest a year.
The payout would be calculated from the date of
investment till the date of refund, said SEBI.
Failure to do so would lead to initiation of
prosecution proceedings.
2.0 SEBI decides to crack whip on Collective
Investment Schemes
The Securities and Exchange Board of India
(SEBI) has decided to crack the whip on
collective investment schemes (CIS), which,
according to the capital market regulator's
estimates, have raised more than ` 10,000 crore
by promising investors massive returns in quick
time.
3.0 SEBI move to stiffen Reverse Mergers to hit
PEs exits
In a reverse merger, unlisted entities are
merged with a listed group entity
Earlier, only court and exchange approval was
required
Now, SEBI will look into each case
PEs see reverse merger as another exit route
SEBI's tough stance could hit PEs' plan to
liquidate shares.
Peerless General Finance Ltd. over a compliant
of oppression and mismanagement. Since the
dispute started in 1991, the matter was remanded
to the high court to decide it within six months.
The High Court had rejected the claim of Bhagwati
Developers to maintain the company petition
because it had less than required shares to move
the company court.
The Supreme Court stated that winding up
petition can be filed with 10 per cent shareholding
in all. It is not necessary that the petitioner must
hold it individually. A petition can be filed even
after obtaining the consent of other shareholders,
the Supreme Court ruled. It said that the law does
not require that "the consent should be given by
a member personally, as the same can also be
given by the power of attorney holder of such as
shareholder.
Furthermore, the issue of compliant must be
decided on the basis of a broad consensus
approach, in relation to the avoidance and
subsistence of the case. The same must be
decided on the basis of the form of such consent,
rather on the substance of the same. There is
hence, no need of written consent, or even of
the consent being annexed with the company
petition.
2.0 DTH free from Entertainment Tax
The Supreme Court has held that the
Madhya Pradesh government cannot demand
entertainment tax on DTH services provided to
the customers.
3.0 Nod for Clubbing Allowances with Basic Pay
for PF Deduction
Decks have been cleared for clubbing of
allowances with basic pay for PF deductions
under the EPFO scheme, a move that will increase
savings but reduce take-home pay of over 5 crore
subscribers.
A review committee, constituted to look into the
nitty-gritty of clubbing of allowances with basic
pay for PF deductions, has supported the idea
for enhancing the social security benefit under
the EPF scheme run by the Employees' Provident
Fund Organization (EPFO).
5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
CERTIFICATE COURSEAUDIT / INSURANCE / DIRECT TAXATION
INSURANCE
1.0 IRDA finalises norms for Surveyors and Loss
Assessors
The Insurance Regulatory and Development
Authority (IRDA) has finalized the training and
licensing norms for surveyors and loss assessors
for the insurance industry. The regulator has said
appointment of a surveyor for loss assessment
need to be made within 72 hours from the time
of occurrence of loss was known to the insured.
Further, they will be allowed to assess losses of
only those departments specified in his/her
license. They have been barred from acting as a
consultant and are not to be involved in settlement
of claims.
2.0 IRDA allows one time renewal of Agency
License
The Insurance Regulatory and Development
Authority (IRDA) has given a one-time chance
AUDIT
1.0 CAG detects loss of ` 2,310 Cr in Tax
Collection by Delhi Govt
The Comptroller and Auditor General (CAG) has
said that under assessment, irregular claims of
exemption and other shortcomings in tax
collection system of Delhi Government have
caused a loss of over ` 2,300 crore to the
exchequer in 2011-12
2.0 National Highways Body loses ` 874 Cr on
Project delays: CAG
Delay in completion of port road connectivity
(PRC) projects and loss of toll revenue had
resulted in a loss of around ` 873.85 crore to the
National Highways Authority of India (NHAI),
said the Comptroller andAuditor General of India.
3.0 CBI sharing Coal Probe Report has shaken
Investigation Process : Apex Court
The Comptroller & Auditor General draft report
alleges that government offered coal blocks
without auction causing a loss of ` 10.67 Lakhs
crores. It also blames Prime Minister Manmohan
Singh for wrongdoings.
to insurance companies to renew the archived
individual agency licenses. IRDA had achieved a
large number of licenses of agents who had not
submitted their PAN or whose licenses had lapsed
for more than one year, resulting in large number
of dormant practices.
3.0 Insurers Exposure cap for Reverse Repo deals
removed
The Insurance Regulatory and Development
Authority (IRDA) have done away with the
exposure limit on reverse repo transactions by
insurers. In a circular to the chief executives of
all insurance companies, IRDA has said that
reverse repo transactions in government securities
were treated on a par with collateralised
borrowing and lending obligation (CBLO)
transactions and the 10 per cent investment limit
wasn't applicable to this category.
DIRECT TAXATION
1.0 Union Budget Approved
The Finance Bill for the year 2013 was approved
by the parliament, subject to following changes:
1. No levy of wealth tax on farm land.
2. No requirement of TAN for tax deduction at
source on transfer of immovable property of
over ` 50 Lakhs.
3. Exemption for Gold Coin or articles, weighting
less than 10 gms, from tax collected at source
in cash sale withdrawn.
2.0 Withholding Tax thrashed
The Finance Bill has made the withholding tax
for FIIs, QFIs cut to 5% on rupee-denominated
infra bonds.
3.0 Some Latest Judgements
Section 32: Depreciation
The Gujarat High Court has held that
depreciation would be allowed on software
developed and installed by assessee.
CIT-IV vs. Shree Rama Multi Tech Ltd., [2013] 32
taxmann.com 295
Section 2(24): Income
The Gujarat High Court has held that where
incentive in form of sales tax waiver/deferment
6 THE CHARTERED ACCOUNTANT WORLD – May 2013
DIRECT TAXATION
was not meant to give any benefit on day-to-day
functioning of business or to make it more
profitable, but was aimed to cover capital outlay
of assessee for undertaking modernization of
existing industry, it was capital receipt, not
chargeable to tax
CIT vs. Birla VXL Ltd., 2013] 32 taxmann.com 330
Section 40(a)(ia): Business Disallowance
The Bombay High Court has held that where
assessee paid certain amount to sister concerns
by way of reimbursement of salaries because their
employees were deputed to assessee, there was
no requirement to deduct tax at source while
making said payments.
CIT-II vs. OCB Engineers, [2013] 32 taxmann.com 271
Section 30: Rent, Rates, Taxes, Repairs and
Insurance for Buildings
The Madras High Courthas held that expenditure
on designing, layout and other temporary
constructions, to make leasehold office premises
functional, is revenue expenditure.
CIT- I, Chennai vs. Armour Consultants (P.) Ltd., [2013]
32 taxmann.com 172
Section 28(i), read with Section 22 and
Section 80-IA: Business Income
The Mumbai ITAT bench has held that rental
income derived by assessee from business centre
(I.T. Park) was to be treated as business income
and not as income from house property.
Krishna Land Developers (P.) Ltd. vs. ACIT, Circle-2(2),
[2013] 32 taxmann.com
Section 37(1): Business Expenditure
The Mumbai ITAT bench has held that payment
made to stock exchange for violation of byelaws
of stock exchange is allowable as business
expenditure.
HSBC Securities & Capital Markets (India) (P.) Ltd. vs.
ACIT, Circle-4(1), [2013] 32 taxmann.com 328
Section 92C: Transfer Pricing
The Delhi ITAT bench has held that in case of
transaction of lending money in foreign currency
to foreign subsidiary, LIBOR should be taken as
benchmark rate for computing ALP of interest.
Cotton Naturals (I) (P.) Ltd. vs. DCIT, Circle 3(1), [2013]
32 taxmann.com 219
The Mumbai ITAT bench has held that foreign
exchange gain, if related to business of assessee
profit, will be a part and parcel of arm's length
price profit.
S. Narendra vs. Add. CIT-16(3), [2013] 32 taxmann.com
196 (Mumbai - Trib.)
The Hyderabad ITAT bench has held that while
computing ALP, companies having supernormal
profits and companies with extraordinary
circumstances like merger/de-merger etc. cannot
be taken as comparables
Capital IQ Information Systems (India) (P.) Ltd. vs. DCIT
(International Taxation), [2013] 32 taxmann.com 21
The Delhi ITAT bench has held that the “Bright
Line test” can be applied to disallow the excessive
AMP expenses incurred by the assessee for the
benefit of the brand owner.
L.G. Electronics India P. Ltd. vs. ACIT
The Chennai ITAT bench has explained law on
valuation of shares of a closely held company
for transfer pricing purposes.
Ascendas (India) Pvt. Ltd. vs. DCIT
Section 2(14), read with Section 45: Capital
Asset
The Mumbai ITAT bench has held that
undisputed tenancy right of an assessee in respect
of a property is a capital asset.
Kewal Silk Mills vs. ACIT, [2013] 31 taxmann.com 405.
Section 194H: Deduction of Tax at Source on
Commission or Brokerage
The Mumbai ITAT bench has held that sub-
brokerage paid in connection with services
rendered in course of buying and selling of units
of mutual funds is not covered by provisions of
Section 194H.
DCIT - 2(3), Mumbai vs. S.J. Investment Agencies (P.)
Ltd., [2013] 32 taxmann.com 97.
Section 147, read with Section 143(1) and
Section 153C: Assessment / Reassessment /
Search / Stay
The Delhi High Court has held that even Section
143(1) Intimation cannot be reopened u/s 147
without “fresh material”.
CIT vs. Orient Craft Ltd.
The Bangalore ITAT bench has held that non-
supply of recorded reasons before passing
7A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY
CERTIFICATE COURS / ICAIEDIRECT TAXATION
FINANCIAL INDICATORS
CurrentRate* MonthAgo 3Month 6Month
(in%) (in%) Ago(in%) Ago(in%)
3 Month LIBOR ($) 0.275 0.277 0.290 0.310
3 Month MIBOR (`) 8.36 8.79 8.96 8.68
SENSEX 19939 18413 19485 18846
NIFTY 6050 5558 5903.5 5738
CRR 4 4 4 4.25
REPO 7.25 7.5 7.75 8
REVERSE REPO 6.25 6.5 6.75 7
Gold (per 10 gm) 26843 29230 30815 31415
Silver (per kg) 45062 51775 58246 59933
Crude (USD/bbl) 104.47 105.79 118.9 107.25
Rs. vs USD 54.54 54.53 53.57 54.34
Rs. vs Euro 71.11 71.33 71.79 69.43
Rs. vs 100 Yen 53.97 55.03 57.42 68.31
Rs. vs RMB 8.93 8.8 8.61 8.63
Rs. vs Pound 84.19 83.59 84.25 86.97
MCX Aluminium 100.75 102.4 110.7 103.65
MCX Copper 399.45 413.2 444 416.4
*As on 10th May 2013 (Sources: Moneycontrol, NSE, BSE, RBI, MCX)
reassessment order renders the reopening void
u/s 147. Subsequent supply does not validate
reassessment order.
Synopsis International Ltd. vs. DDIT
The Mumbai High Court has held that failure
to obtain JCIT’s approval renders Section 153C
Assessment order void.
CIT vs. Akil Gulamali Somji
The Mumbai ITAT bench has held that Section
153A assessment is mandatory even if no
incriminating material is found.
ACIT vs. Pratibha Industries Ltd.
The Gujarat High Court has held thatAO cannot
assess other escaped income if original reason is
dropped u/s 147.
CIT vs. Mohmed Juned Dadani
The Mumbai High Court has held that Section
292BB does not have retrospective effect.
CIT vs. Salman Khan
The Ahemdabad ITAT bench has held that
Tribunal has the power to grant unlimited stay of
demand under third Proviso to section 254(2A)
Vodafone West Ltd. vs. ACIT
Section 9: International Taxation / Royalty
The Delhi ITAT bench has laid down important
law on taxability of royalty embedded in goods
sold in India has held that royalty earned by non-
resident from another non-resident is not taxable
in India u/s. 9(1)(vi)(c) even if payer embeds the
know-how into products sold in India.
Qualcomm Incorporated vs. ADIT
The Mumbai ITAT bench has held that services
rendered by machines is not “fees for technical
services” u/s 9(1)(vii)
Siemens Limited vs. CIT
The Andhra Pradesh High Court explaining
entire Law on Lifting Corporate Veil to tax
offshore transfers held that gains arising on sale
of shares of foreign company by NR to NR not
taxable in India under India-France DTAA even
if the foreign co only held Indian assets.
Sanofi Pasteur Holding SA vs. Department of Revenue
Section 50C read with Section 54 and 54F :
Exemptions from Capital Gain
The Mumbai ITAT bench has held that Section
50C does not apply to transfer of immovable
property held through company
Irfan Abdul Kader Fazlani vs. ACIT
The Mumbai ITAT bench has held that
Section 50C does not apply to transfer of FSI &
TDR.
ITO vs. Prem Rattan Gupta
The Delhi High Court has held that several
independent units can constitute “a residential
house” for the purposes of section 54 / 54F.
CIT vs. Gita Duggal
The Punjab & Haryana High Court has held
that a family settlement does not result in a
“transfer” and compensation received to equalize
inequalities in family settlement is not taxable as
“income”.
CIT vs. Ashwani Chopra
The Delhi High Court has held that gains on
shares held in investment portfolio are not
assessable as business profits.
CIT vs. Avinash Jain
Section 14A / Rule 8 D: Exempt Income
The Kolkata ITAT bench has held that expense
specifically relatable to taxable income cannot be
disallowed u/s 14A read with Rule 8D
JCIT (OSD) vs. Pilani Investment & Industries Corpn. Ltd.
8 THE CHARTERED ACCOUNTANT WORLD – May 2013
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
MAY, 2013
R.N.I. No. 50796/90
Posting Date: 14/15 May, 2013
Registration No. DL(c)-01/1268/2012-14
Licenced to post without prepayment No. U-(C)-82/2012-14
Contd............... from pg 1
TELECOM SECTOR.....
EDITORIAL
3. The telecom licenses & spectrum should be made freely
transferable.
4. The entry barriers in telecom sector need to be
completely withdrawn by permitting maximum possible
telecom operators to bid for spectrum on revenue sharing
basis, while allocating a reasonable economic size to
each operator.
"It is very important duty of the king to ensure, in an
equitable manner that all fair opportunities are provided
dulyempoweredbypolicysupportstoensuregrowthofeach
business sector"
FEMA
1.0 RBI clarifies on ODIs
The Reserve Bank of India (RBI) has observed Indian
parties were using the Overseas Direct Investments
(ODI) as an automatic route to set up structures
facilitating trading in currencies, securities and
commodities. Such structures, with equity
participation of Indian parties, have also started
offering financial products linked to the rupee. The
central bank has clarified any foreign entity, with
equity participation directly/indirectly, shall not offer
such products without its approval.

More Related Content

What's hot

Vehicle finance - IBANK
Vehicle finance - IBANKVehicle finance - IBANK
Vehicle finance - IBANKibankuk
 
FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY
FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMYFALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY
FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMYNeha Sharma
 
SREI Infrastructure Finance Research Report
SREI Infrastructure Finance Research ReportSREI Infrastructure Finance Research Report
SREI Infrastructure Finance Research ReportPeeyush Sahu CAPM®
 
Insight: Insolvency Code
Insight: Insolvency CodeInsight: Insolvency Code
Insight: Insolvency CodeSumedha Fiscal
 
Newsletter dated 13th April, 2015
Newsletter dated 13th April, 2015Newsletter dated 13th April, 2015
Newsletter dated 13th April, 2015Proglobalcorp India
 
Several_changes_bond_markets
Several_changes_bond_marketsSeveral_changes_bond_markets
Several_changes_bond_marketsSaurabh Dugar
 
Union budget 2015 16
Union budget 2015 16Union budget 2015 16
Union budget 2015 16Inves Trekk
 
Acquisory news-bytes-16th-18th-19th-dec-2017
Acquisory news-bytes-16th-18th-19th-dec-2017Acquisory news-bytes-16th-18th-19th-dec-2017
Acquisory news-bytes-16th-18th-19th-dec-2017Acquisory Consulting LLP
 
Colliers Radar | Special economic zones in india
Colliers Radar | Special economic zones in indiaColliers Radar | Special economic zones in india
Colliers Radar | Special economic zones in indiaSurabhi Arora, MRICS
 
Ease of doing business challenges persisting
Ease of doing business challenges persistingEase of doing business challenges persisting
Ease of doing business challenges persistingNeha Sharma
 
FINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGES
FINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGESFINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGES
FINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGESNeha Sharma
 
Expectation from the new government
Expectation from the new governmentExpectation from the new government
Expectation from the new governmentNeha Sharma
 
AUDITING - CHANGING LANDSCAPES
AUDITING - CHANGING LANDSCAPESAUDITING - CHANGING LANDSCAPES
AUDITING - CHANGING LANDSCAPESNeha Sharma
 
Newsletter on daily professional updates- 05/02/2020
Newsletter on daily professional updates- 05/02/2020Newsletter on daily professional updates- 05/02/2020
Newsletter on daily professional updates- 05/02/2020CA PRADEEP GOYAL
 
Daily Newsletter 01.09.2020
Daily Newsletter 01.09.2020Daily Newsletter 01.09.2020
Daily Newsletter 01.09.2020CA PRADEEP GOYAL
 
Bramma july 2nd week news
Bramma july 2nd week newsBramma july 2nd week news
Bramma july 2nd week newsAkhila K Sivan
 
INDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTH
INDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTHINDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTH
INDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTHNeha Sharma
 
Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups
Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups
Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups SharadaSC
 

What's hot (20)

Vehicle finance - IBANK
Vehicle finance - IBANKVehicle finance - IBANK
Vehicle finance - IBANK
 
FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY
FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMYFALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY
FALL IN RUPEE - A MAJOR CONCERN FOR THE ECONOMY
 
SREI Infrastructure Finance Research Report
SREI Infrastructure Finance Research ReportSREI Infrastructure Finance Research Report
SREI Infrastructure Finance Research Report
 
Insight: Insolvency Code
Insight: Insolvency CodeInsight: Insolvency Code
Insight: Insolvency Code
 
Newsletter dated 13th April, 2015
Newsletter dated 13th April, 2015Newsletter dated 13th April, 2015
Newsletter dated 13th April, 2015
 
Several_changes_bond_markets
Several_changes_bond_marketsSeveral_changes_bond_markets
Several_changes_bond_markets
 
Union budget 2015 16
Union budget 2015 16Union budget 2015 16
Union budget 2015 16
 
Acquisory news-bytes-16th-18th-19th-dec-2017
Acquisory news-bytes-16th-18th-19th-dec-2017Acquisory news-bytes-16th-18th-19th-dec-2017
Acquisory news-bytes-16th-18th-19th-dec-2017
 
Colliers Radar | Special economic zones in india
Colliers Radar | Special economic zones in indiaColliers Radar | Special economic zones in india
Colliers Radar | Special economic zones in india
 
Ease of doing business challenges persisting
Ease of doing business challenges persistingEase of doing business challenges persisting
Ease of doing business challenges persisting
 
FINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGES
FINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGESFINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGES
FINANCE BILL 2012 – MAJOR ISSUES AND CHALLENGES
 
Economic Capsule - November 2018
Economic Capsule - November 2018Economic Capsule - November 2018
Economic Capsule - November 2018
 
Union Budget 2012 - 13 Review
Union Budget 2012 - 13 ReviewUnion Budget 2012 - 13 Review
Union Budget 2012 - 13 Review
 
Expectation from the new government
Expectation from the new governmentExpectation from the new government
Expectation from the new government
 
AUDITING - CHANGING LANDSCAPES
AUDITING - CHANGING LANDSCAPESAUDITING - CHANGING LANDSCAPES
AUDITING - CHANGING LANDSCAPES
 
Newsletter on daily professional updates- 05/02/2020
Newsletter on daily professional updates- 05/02/2020Newsletter on daily professional updates- 05/02/2020
Newsletter on daily professional updates- 05/02/2020
 
Daily Newsletter 01.09.2020
Daily Newsletter 01.09.2020Daily Newsletter 01.09.2020
Daily Newsletter 01.09.2020
 
Bramma july 2nd week news
Bramma july 2nd week newsBramma july 2nd week news
Bramma july 2nd week news
 
INDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTH
INDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTHINDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTH
INDIAN MANUFACTURING SECTOR NEED FOR A POSITIVE ENVIRONMENT FOR GROWTH
 
Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups
Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups
Talk @NSRCEL - Benefits of MSME & DPIIT registration for startups
 

Viewers also liked

Ley contra la Delincuencia Organizada - infografìa
Ley contra la Delincuencia Organizada - infografìaLey contra la Delincuencia Organizada - infografìa
Ley contra la Delincuencia Organizada - infografìaMayly Jimenez
 
Indian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves neededIndian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves neededNeha Sharma
 
ICAI Elections -Your Vote will make the Difference
ICAI Elections -Your Vote will make the DifferenceICAI Elections -Your Vote will make the Difference
ICAI Elections -Your Vote will make the DifferenceNeha Sharma
 
Indian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves neededIndian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves neededNeha Sharma
 
INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLE
INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLEINDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLE
INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLENeha Sharma
 
Young Chartered Accountants - New Age CAs, A New Age Power
Young Chartered Accountants - New Age CAs, A New Age PowerYoung Chartered Accountants - New Age CAs, A New Age Power
Young Chartered Accountants - New Age CAs, A New Age PowerNeha Sharma
 
CA ELECTION- CAST YOUR VOTE CAREFULLY
CA ELECTION- CAST YOUR VOTE CAREFULLY CA ELECTION- CAST YOUR VOTE CAREFULLY
CA ELECTION- CAST YOUR VOTE CAREFULLY Neha Sharma
 
NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT
NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT
NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT Neha Sharma
 
PERSONALDETAILS 2016 OM
PERSONALDETAILS 2016 OMPERSONALDETAILS 2016 OM
PERSONALDETAILS 2016 OMDushan Pillay
 
INDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAIN
INDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAININDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAIN
INDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAINNeha Sharma
 
Indian CA Firms: Gaining Momentum
Indian CA Firms: Gaining MomentumIndian CA Firms: Gaining Momentum
Indian CA Firms: Gaining MomentumNeha Sharma
 
NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK
NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK
NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK Neha Sharma
 

Viewers also liked (13)

Ley contra la Delincuencia Organizada - infografìa
Ley contra la Delincuencia Organizada - infografìaLey contra la Delincuencia Organizada - infografìa
Ley contra la Delincuencia Organizada - infografìa
 
Indian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves neededIndian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves needed
 
ICAI Elections -Your Vote will make the Difference
ICAI Elections -Your Vote will make the DifferenceICAI Elections -Your Vote will make the Difference
ICAI Elections -Your Vote will make the Difference
 
Indian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves neededIndian economy towards growth momentum strategic moves needed
Indian economy towards growth momentum strategic moves needed
 
INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLE
INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLEINDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLE
INDIAN ECONOMY THE SHOW MUST GO ON GROWTH PADDLE
 
Young Chartered Accountants - New Age CAs, A New Age Power
Young Chartered Accountants - New Age CAs, A New Age PowerYoung Chartered Accountants - New Age CAs, A New Age Power
Young Chartered Accountants - New Age CAs, A New Age Power
 
CA ELECTION- CAST YOUR VOTE CAREFULLY
CA ELECTION- CAST YOUR VOTE CAREFULLY CA ELECTION- CAST YOUR VOTE CAREFULLY
CA ELECTION- CAST YOUR VOTE CAREFULLY
 
NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT
NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT
NATION UNDER ANGUISH - ACRIMONIOUS ENVIRONMENT
 
PERSONALDETAILS 2016 OM
PERSONALDETAILS 2016 OMPERSONALDETAILS 2016 OM
PERSONALDETAILS 2016 OM
 
INDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAIN
INDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAININDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAIN
INDIAN ECONOMY LOOKING FOR DIRECTION FOR INDIA TO SHINE AGAIN
 
20170113144244222
2017011314424422220170113144244222
20170113144244222
 
Indian CA Firms: Gaining Momentum
Indian CA Firms: Gaining MomentumIndian CA Firms: Gaining Momentum
Indian CA Firms: Gaining Momentum
 
NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK
NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK
NON PERFORMING ASSETS – NEED FOR PRAGMATIC & PRACTICAL REGULATORY FRAMEWORK
 

Similar to Scope of audit expanding to protect stakeholders

India under transformation
India under transformationIndia under transformation
India under transformationNeha Sharma
 
Companies Act 2013 and the draft Rules towards better corporate Governance
Companies Act 2013 and the draft Rules towards better corporate GovernanceCompanies Act 2013 and the draft Rules towards better corporate Governance
Companies Act 2013 and the draft Rules towards better corporate GovernanceNeha Sharma
 
INDIAN ECONOMY AND THE CHALLENGES
INDIAN ECONOMY AND THE CHALLENGESINDIAN ECONOMY AND THE CHALLENGES
INDIAN ECONOMY AND THE CHALLENGESNeha Sharma
 
Newsletter on daily professional updates- 27th September 2019
Newsletter on daily professional updates- 27th September 2019Newsletter on daily professional updates- 27th September 2019
Newsletter on daily professional updates- 27th September 2019CA PRADEEP GOYAL
 
Group 3 psn on ppp & govt audit of pvt companies merged 30082014
Group 3 psn on ppp & govt audit of pvt companies merged 30082014Group 3 psn on ppp & govt audit of pvt companies merged 30082014
Group 3 psn on ppp & govt audit of pvt companies merged 30082014Rakesh Gupta
 
Newsletter on daily professional updates- 09/01/2020
Newsletter on daily professional updates- 09/01/2020Newsletter on daily professional updates- 09/01/2020
Newsletter on daily professional updates- 09/01/2020CA PRADEEP GOYAL
 
Sector Updates for week - 3rd to 9th Nov'14
Sector Updates for week - 3rd to 9th Nov'14Sector Updates for week - 3rd to 9th Nov'14
Sector Updates for week - 3rd to 9th Nov'14Arpita0306
 
Newsletter on daily professional updates- 22nd October, 2019
Newsletter on daily professional updates- 22nd October, 2019Newsletter on daily professional updates- 22nd October, 2019
Newsletter on daily professional updates- 22nd October, 2019CA PRADEEP GOYAL
 
Budget 2019 Analysis by Axis Direct
Budget 2019 Analysis by Axis DirectBudget 2019 Analysis by Axis Direct
Budget 2019 Analysis by Axis DirectAnahitaSharma3
 
Newsletter on daily professional updates- 6th December 2019
Newsletter on daily professional updates- 6th December 2019Newsletter on daily professional updates- 6th December 2019
Newsletter on daily professional updates- 6th December 2019CA PRADEEP GOYAL
 
Newsletter on daily professional updates- 05/03/2020
Newsletter on daily professional updates- 05/03/2020Newsletter on daily professional updates- 05/03/2020
Newsletter on daily professional updates- 05/03/2020CA PRADEEP GOYAL
 
Newsletter on daily professional updates- 17th September 2019
Newsletter on daily professional updates- 17th September 2019Newsletter on daily professional updates- 17th September 2019
Newsletter on daily professional updates- 17th September 2019CA PRADEEP GOYAL
 
Banking sector – under scanner
Banking sector – under scannerBanking sector – under scanner
Banking sector – under scannerNeha Sharma
 
Newsletter on daily professional updates- 24th October 2019
Newsletter on daily professional updates- 24th October 2019Newsletter on daily professional updates- 24th October 2019
Newsletter on daily professional updates- 24th October 2019CA PRADEEP GOYAL
 
Union budget fy20
Union budget fy20Union budget fy20
Union budget fy20VijayGaba2
 
Union budget fy20
Union budget fy20Union budget fy20
Union budget fy20Inves Trekk
 
ELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdf
ELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdfELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdf
ELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdfEconomic Laws Practice
 
Newsletter on daily professional updates- 23rd September 2019
Newsletter on daily professional updates- 23rd September 2019Newsletter on daily professional updates- 23rd September 2019
Newsletter on daily professional updates- 23rd September 2019CA PRADEEP GOYAL
 
KSK Union Budget_2023 Update.pdf
KSK Union Budget_2023 Update.pdfKSK Union Budget_2023 Update.pdf
KSK Union Budget_2023 Update.pdfKing Stubb & Kasiva
 

Similar to Scope of audit expanding to protect stakeholders (20)

India under transformation
India under transformationIndia under transformation
India under transformation
 
Companies Act 2013 and the draft Rules towards better corporate Governance
Companies Act 2013 and the draft Rules towards better corporate GovernanceCompanies Act 2013 and the draft Rules towards better corporate Governance
Companies Act 2013 and the draft Rules towards better corporate Governance
 
INDIAN ECONOMY AND THE CHALLENGES
INDIAN ECONOMY AND THE CHALLENGESINDIAN ECONOMY AND THE CHALLENGES
INDIAN ECONOMY AND THE CHALLENGES
 
Newsletter on daily professional updates- 27th September 2019
Newsletter on daily professional updates- 27th September 2019Newsletter on daily professional updates- 27th September 2019
Newsletter on daily professional updates- 27th September 2019
 
Group 3 psn on ppp & govt audit of pvt companies merged 30082014
Group 3 psn on ppp & govt audit of pvt companies merged 30082014Group 3 psn on ppp & govt audit of pvt companies merged 30082014
Group 3 psn on ppp & govt audit of pvt companies merged 30082014
 
Newsletter on daily professional updates- 09/01/2020
Newsletter on daily professional updates- 09/01/2020Newsletter on daily professional updates- 09/01/2020
Newsletter on daily professional updates- 09/01/2020
 
Sector Updates for week - 3rd to 9th Nov'14
Sector Updates for week - 3rd to 9th Nov'14Sector Updates for week - 3rd to 9th Nov'14
Sector Updates for week - 3rd to 9th Nov'14
 
Newsletter on daily professional updates- 22nd October, 2019
Newsletter on daily professional updates- 22nd October, 2019Newsletter on daily professional updates- 22nd October, 2019
Newsletter on daily professional updates- 22nd October, 2019
 
Budget 2019 Analysis by Axis Direct
Budget 2019 Analysis by Axis DirectBudget 2019 Analysis by Axis Direct
Budget 2019 Analysis by Axis Direct
 
Newsletter on daily professional updates- 6th December 2019
Newsletter on daily professional updates- 6th December 2019Newsletter on daily professional updates- 6th December 2019
Newsletter on daily professional updates- 6th December 2019
 
Newsletter on daily professional updates- 05/03/2020
Newsletter on daily professional updates- 05/03/2020Newsletter on daily professional updates- 05/03/2020
Newsletter on daily professional updates- 05/03/2020
 
Newsletter on daily professional updates- 17th September 2019
Newsletter on daily professional updates- 17th September 2019Newsletter on daily professional updates- 17th September 2019
Newsletter on daily professional updates- 17th September 2019
 
Keynote capitals industry monitor
Keynote capitals   industry monitorKeynote capitals   industry monitor
Keynote capitals industry monitor
 
Banking sector – under scanner
Banking sector – under scannerBanking sector – under scanner
Banking sector – under scanner
 
Newsletter on daily professional updates- 24th October 2019
Newsletter on daily professional updates- 24th October 2019Newsletter on daily professional updates- 24th October 2019
Newsletter on daily professional updates- 24th October 2019
 
Union budget fy20
Union budget fy20Union budget fy20
Union budget fy20
 
Union budget fy20
Union budget fy20Union budget fy20
Union budget fy20
 
ELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdf
ELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdfELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdf
ELP-Quarterly-Update-Competition-Law-Policy-Newsletter-Q1-of-2023.pdf
 
Newsletter on daily professional updates- 23rd September 2019
Newsletter on daily professional updates- 23rd September 2019Newsletter on daily professional updates- 23rd September 2019
Newsletter on daily professional updates- 23rd September 2019
 
KSK Union Budget_2023 Update.pdf
KSK Union Budget_2023 Update.pdfKSK Union Budget_2023 Update.pdf
KSK Union Budget_2023 Update.pdf
 

More from Neha Sharma

RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...
RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...
RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...Neha Sharma
 
INDIAN ECONOMY: CHALLENGES AND EXPECTATIONS
INDIAN ECONOMY: CHALLENGES AND EXPECTATIONSINDIAN ECONOMY: CHALLENGES AND EXPECTATIONS
INDIAN ECONOMY: CHALLENGES AND EXPECTATIONSNeha Sharma
 
Election in 4 States: Expectations from the Government
Election in 4 States: Expectations from the GovernmentElection in 4 States: Expectations from the Government
Election in 4 States: Expectations from the GovernmentNeha Sharma
 
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSION
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSIONGOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSION
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSIONNeha Sharma
 
INCOME DECLARATION SCHEME A time to come clean
INCOME DECLARATION SCHEME A time to come cleanINCOME DECLARATION SCHEME A time to come clean
INCOME DECLARATION SCHEME A time to come cleanNeha Sharma
 
FEMALE SECURITY - A MATTER OF MAJOR CONCERN
FEMALE SECURITY - A MATTER OF MAJOR CONCERNFEMALE SECURITY - A MATTER OF MAJOR CONCERN
FEMALE SECURITY - A MATTER OF MAJOR CONCERNNeha Sharma
 
Make in india – a formidable step in right direction
Make in india – a formidable step in right directionMake in india – a formidable step in right direction
Make in india – a formidable step in right directionNeha Sharma
 
Indian tax structure
Indian tax structureIndian tax structure
Indian tax structureNeha Sharma
 
Accounting of Public Spending
Accounting of Public SpendingAccounting of Public Spending
Accounting of Public SpendingNeha Sharma
 
BANKS - NEED FOR BETTER FUNCTIONING
BANKS - NEED FOR BETTER FUNCTIONINGBANKS - NEED FOR BETTER FUNCTIONING
BANKS - NEED FOR BETTER FUNCTIONINGNeha Sharma
 

More from Neha Sharma (10)

RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...
RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...
RBI AS WELL AS GOVERNMENT OF INDIA MUST RECONSIDER RELAXATION ALLOWED RECENTL...
 
INDIAN ECONOMY: CHALLENGES AND EXPECTATIONS
INDIAN ECONOMY: CHALLENGES AND EXPECTATIONSINDIAN ECONOMY: CHALLENGES AND EXPECTATIONS
INDIAN ECONOMY: CHALLENGES AND EXPECTATIONS
 
Election in 4 States: Expectations from the Government
Election in 4 States: Expectations from the GovernmentElection in 4 States: Expectations from the Government
Election in 4 States: Expectations from the Government
 
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSION
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSIONGOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSION
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSION
 
INCOME DECLARATION SCHEME A time to come clean
INCOME DECLARATION SCHEME A time to come cleanINCOME DECLARATION SCHEME A time to come clean
INCOME DECLARATION SCHEME A time to come clean
 
FEMALE SECURITY - A MATTER OF MAJOR CONCERN
FEMALE SECURITY - A MATTER OF MAJOR CONCERNFEMALE SECURITY - A MATTER OF MAJOR CONCERN
FEMALE SECURITY - A MATTER OF MAJOR CONCERN
 
Make in india – a formidable step in right direction
Make in india – a formidable step in right directionMake in india – a formidable step in right direction
Make in india – a formidable step in right direction
 
Indian tax structure
Indian tax structureIndian tax structure
Indian tax structure
 
Accounting of Public Spending
Accounting of Public SpendingAccounting of Public Spending
Accounting of Public Spending
 
BANKS - NEED FOR BETTER FUNCTIONING
BANKS - NEED FOR BETTER FUNCTIONINGBANKS - NEED FOR BETTER FUNCTIONING
BANKS - NEED FOR BETTER FUNCTIONING
 

Recently uploaded

Memorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQMMemorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQMVoces Mineras
 
MAHA Global and IPR: Do Actions Speak Louder Than Words?
MAHA Global and IPR: Do Actions Speak Louder Than Words?MAHA Global and IPR: Do Actions Speak Louder Than Words?
MAHA Global and IPR: Do Actions Speak Louder Than Words?Olivia Kresic
 
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCRashishs7044
 
Investment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy CheruiyotInvestment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy Cheruiyotictsugar
 
8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCR8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCRashishs7044
 
Call Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City GurgaonCall Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City Gurgaoncallgirls2057
 
Buy gmail accounts.pdf Buy Old Gmail Accounts
Buy gmail accounts.pdf Buy Old Gmail AccountsBuy gmail accounts.pdf Buy Old Gmail Accounts
Buy gmail accounts.pdf Buy Old Gmail AccountsBuy Verified Accounts
 
Financial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptxFinancial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptxsaniyaimamuddin
 
8447779800, Low rate Call girls in Shivaji Enclave Delhi NCR
8447779800, Low rate Call girls in Shivaji Enclave Delhi NCR8447779800, Low rate Call girls in Shivaji Enclave Delhi NCR
8447779800, Low rate Call girls in Shivaji Enclave Delhi NCRashishs7044
 
Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024Kirill Klimov
 
Independent Call Girls Andheri Nightlaila 9967584737
Independent Call Girls Andheri Nightlaila 9967584737Independent Call Girls Andheri Nightlaila 9967584737
Independent Call Girls Andheri Nightlaila 9967584737Riya Pathan
 
Traction part 2 - EOS Model JAX Bridges.
Traction part 2 - EOS Model JAX Bridges.Traction part 2 - EOS Model JAX Bridges.
Traction part 2 - EOS Model JAX Bridges.Anamaria Contreras
 
Marketplace and Quality Assurance Presentation - Vincent Chirchir
Marketplace and Quality Assurance Presentation - Vincent ChirchirMarketplace and Quality Assurance Presentation - Vincent Chirchir
Marketplace and Quality Assurance Presentation - Vincent Chirchirictsugar
 
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCRashishs7044
 
Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...Peter Ward
 
TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024Adnet Communications
 
Church Building Grants To Assist With New Construction, Additions, And Restor...
Church Building Grants To Assist With New Construction, Additions, And Restor...Church Building Grants To Assist With New Construction, Additions, And Restor...
Church Building Grants To Assist With New Construction, Additions, And Restor...Americas Got Grants
 
NewBase 19 April 2024 Energy News issue - 1717 by Khaled Al Awadi.pdf
NewBase  19 April  2024  Energy News issue - 1717 by Khaled Al Awadi.pdfNewBase  19 April  2024  Energy News issue - 1717 by Khaled Al Awadi.pdf
NewBase 19 April 2024 Energy News issue - 1717 by Khaled Al Awadi.pdfKhaled Al Awadi
 

Recently uploaded (20)

Memorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQMMemorándum de Entendimiento (MoU) entre Codelco y SQM
Memorándum de Entendimiento (MoU) entre Codelco y SQM
 
MAHA Global and IPR: Do Actions Speak Louder Than Words?
MAHA Global and IPR: Do Actions Speak Louder Than Words?MAHA Global and IPR: Do Actions Speak Louder Than Words?
MAHA Global and IPR: Do Actions Speak Louder Than Words?
 
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
 
Investment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy CheruiyotInvestment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy Cheruiyot
 
Call Us ➥9319373153▻Call Girls In North Goa
Call Us ➥9319373153▻Call Girls In North GoaCall Us ➥9319373153▻Call Girls In North Goa
Call Us ➥9319373153▻Call Girls In North Goa
 
8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCR8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCR
 
Call Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City GurgaonCall Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City Gurgaon
 
Buy gmail accounts.pdf Buy Old Gmail Accounts
Buy gmail accounts.pdf Buy Old Gmail AccountsBuy gmail accounts.pdf Buy Old Gmail Accounts
Buy gmail accounts.pdf Buy Old Gmail Accounts
 
Financial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptxFinancial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptx
 
8447779800, Low rate Call girls in Shivaji Enclave Delhi NCR
8447779800, Low rate Call girls in Shivaji Enclave Delhi NCR8447779800, Low rate Call girls in Shivaji Enclave Delhi NCR
8447779800, Low rate Call girls in Shivaji Enclave Delhi NCR
 
Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024
 
Independent Call Girls Andheri Nightlaila 9967584737
Independent Call Girls Andheri Nightlaila 9967584737Independent Call Girls Andheri Nightlaila 9967584737
Independent Call Girls Andheri Nightlaila 9967584737
 
Traction part 2 - EOS Model JAX Bridges.
Traction part 2 - EOS Model JAX Bridges.Traction part 2 - EOS Model JAX Bridges.
Traction part 2 - EOS Model JAX Bridges.
 
Marketplace and Quality Assurance Presentation - Vincent Chirchir
Marketplace and Quality Assurance Presentation - Vincent ChirchirMarketplace and Quality Assurance Presentation - Vincent Chirchir
Marketplace and Quality Assurance Presentation - Vincent Chirchir
 
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
 
Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...Fordham -How effective decision-making is within the IT department - Analysis...
Fordham -How effective decision-making is within the IT department - Analysis...
 
TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024
 
Church Building Grants To Assist With New Construction, Additions, And Restor...
Church Building Grants To Assist With New Construction, Additions, And Restor...Church Building Grants To Assist With New Construction, Additions, And Restor...
Church Building Grants To Assist With New Construction, Additions, And Restor...
 
No-1 Call Girls In Goa 93193 VIP 73153 Escort service In North Goa Panaji, Ca...
No-1 Call Girls In Goa 93193 VIP 73153 Escort service In North Goa Panaji, Ca...No-1 Call Girls In Goa 93193 VIP 73153 Escort service In North Goa Panaji, Ca...
No-1 Call Girls In Goa 93193 VIP 73153 Escort service In North Goa Panaji, Ca...
 
NewBase 19 April 2024 Energy News issue - 1717 by Khaled Al Awadi.pdf
NewBase  19 April  2024  Energy News issue - 1717 by Khaled Al Awadi.pdfNewBase  19 April  2024  Energy News issue - 1717 by Khaled Al Awadi.pdf
NewBase 19 April 2024 Energy News issue - 1717 by Khaled Al Awadi.pdf
 

Scope of audit expanding to protect stakeholders

  • 1. Volume XXIV, No. 05, May, 2013 The general public and the society including top bureaucrats, politicians, media personnel, social activists, thinkers, intellectuals and policy makers and those who determine the future directions of the society and the economy expect the auditing profession to perform the roles of a watchdog who can monitor the auditee entity comprehensively to ensure that interest of owners, minority shareholders, investors, bankers, government, regulators, suppliers, customers and other stake holders are fully protected. Most importantly interest of the auditee entity are preserved and various financial and operational decisions taken by the management at various levels were in the interest of the company and were within the policy framework laid down by the Board. TheComptroller&AuditorGeneralofIndia(CAG)hasgiven a new dimension to the scope of audit by issuing several path-breaking and courageous audit reports bringing out large number of severe infirmities and financial irregularities in the working of the government, ministries and various independent autonomous government bodies, and regulators. According to CAG report they have questioned the decisions taken at various levels of the government, which according to CAG were beyond the overall policy framework laid down by the government. CAG has been very critical on - Performance Parameters : The various CAG reports have questioned the performance achieved by various government departments and bodies, as compared to money and resources allocated to them and spent by them. Performance Achievement : CAG has also outlined performance appraisal in its reports, the areas in which the overall purposes for which a significant financial layout was made, was not achieved. SCOPE OF AUDIT – CHANGING DIMENSIONS Contd............... on pg 8 CAVinod Jain* * Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS and Vinod Kumar & Associates. vinodjain@inmacs.com, vinodjainca@gmail.com, +91 9811040004 EDITORIAL The telecom sector growth has been crippled after the 2G scam controversy arose. The Hon'ble Supreme Court rejected all the licenses given in an irregular manner. The government is playing hot & cold and is unable to take appropriate decisions in a businesslike manner to suit the interest of all stakeholders and more specifically the telecom users besides the service providers. The auction of the spectrum has failed miserably twice due to very heavy reserve price. A heavy reserve price actually indicates the CAG stand about the loss of profit due to first cum first serve policy, bringing forth allegations of FT, corruption. The Attorney General of India has bought a new assault, opining against the refunding of entry fee of 2G players whose licenses have been cancelled by Supreme Court. Hon'ble former Prime Minister ShriAtal Bihari Vajpayee took a very pragmatic step in 1999 while allowing telecom operators to migrate from fixed license fee to revenue share regime & also extending the license tenure to 15 years including an opportunity to even rectify the deficiency in applications. UPA government needs to take the most crucial step of bringing back common business sense while dealing with businesses. The government is unnecessarily frightened from possible judicial intervention. The government should not concentrate on collecting very heavy license fee as it will kill competition; create oligopoly, resulting in heavier telecom charges, negatively impacting inclusive growth besides adversely affecting growth of telecom sector itself. The government may consider:- 1. To make application fee cum license fee refundable in respect of cancelled licenses, as it is most equitable and will bring back faith in the government. 2. Rather than charging license through auction, revenue sharing formula needs to be bought back, with auctioning the maximization of revenue sharing. TELECOM SECTOR – CRIPPLED BY GOVERNMENT Contd............... on pg 3
  • 2. 2 THE CHARTERED ACCOUNTANT WORLD – May 2013 LATEST IN FINANCE 1.0 RBI to Permit Urban Co-operative Banks to Grant Unsecured Loans up to 25% of Assets To promote lending to priority sectors, The Reserve Bank of India (RBI) has allowed Urban Co-operative Banks (UCBs) to grant unsecured loans up to 25% of their assets if certain conditions are met. The Reserve Bank of India (RBI) has said that in order to promote lending to priority sectors and to provide impetus to the objective of financial inclusion it has been decided that UCBs fulfilling conditions may, with the prior approval of the Reserve Bank, grant unsecured loans (with or without surety) up to 25% of their total assets. 2.0 RBI not keen on Bank Licence Auction as it will deter Financial Inclusion The Reserve Bank of India (RBI) Governor D. Subbarao has told the parliamentary committee examining the policy on new banking licenses is not in favour of auctioning bank licenses as it will deter the cause of financial inclusion. The RBI governor has also informed the committee that no limit has been set up for the number of bank licenses that will be issued. 3.0 No takers forAnnuity Based Highway Projects worth ` 1900 Cr Highway Projects worth over ` 1900 Crores have found no takers even though these are based on the annuity model under which the concessionaire recovers a fixed amount of the investment from the Centre each year, a situation that reflects the poor policy framework. 4.0 Sugar Sector Decontrolled Initiating the long-awaited reform, the Government has lifted controls on the sugar sector partially by doing away with the levy system and regulated release mechanism. 5.0 New EPFO Norms to Boost Infra Funds Inflows The Employees Provident Fund Organization's (EPFO's) recent relaxation of investment norms for public sector bonds is likely to trigger a flow of funds into the infrastructure segment, through the Infrastructure Debt Funds (IDFs). In the new guidelines, any AAA-rated public sector unit will qualify for investments for tenure up to 25 years. Any AA-rated PSU will qualify for investments for tenure up to 15 years. 6.0 HC Bars Co-operative Banks from Debt Recovery Under SARFAESI The Gujarat High Court has held that cooperative banks cannot use the Securitisation and Reconstruction of Financial Assets of Security Interest Act (SARFAESI), 2002 for recovery of debts from its defaulters. 7.0 Suzlon's $1.8-Bn Debt-recast: A Unique Plan The CDR package of $1.8 billion (` 9,500 crore) includes a two year moratorium on principal and term-debt interest payments; a three percent reduction in interest rates and six months moratorium on working capital interest. As a part of the package, ` 1,500 crore (two year's interest payment during moratorium) will be converted into equity or equity linked instrument over the next two years to bring stronger financial stability and a 10 year door-to- door back-ended repayment plan. In January, Suzlon received approval from a consortium of 19 banks to recast its debt. 8.0 Co's with captive Coal Mines may be allowed to produce & sell surplus In yet another initiative to step up domestic coal output without impinging on the Coal Mines (Nationalization) Act that bars commercial coal mining by private players, the government intends to encourage companies with captive coal mines to produce surplus. What is being considered is a commercial arrangement that would entail use of the e-auction platform, which normally fetches higher profits and where the gains will be shared between the public sector (Coal India or CIL and state mineral development corporations) and the private firms operating captive coal mines. 9.0 Banks serve loan Recall Notice on Kingfisher Airlines State Bank of India has said that a loan recall notice has been served on the defunct Kingfisher Airlines (KFA) on behalf of the consortium of 17 lenders. The notices under the SARFAESI Act, DRT and other processes will follow. LATEST IN FINANCE
  • 3. 3A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY EDITORIAL Contd............... from pg 1 SCOPE OF AUDIT ...... EDITORIAL Physical Outcome : CAG has also examined the actual physical outcome in certain areas as compared to what is documented by various financial statements, vouchers, contracts, reports and other documents. Accounting Policy : CAG has also questioned various accounting policies adopted by organizations working in PPP model, wherein revenue of the government or resources of the government have been compromised due to non adoption of generally accepted accounting practices. For e.g. in one of the airports developed in terms of PPP model, the money received by the private sector developer from long term lease of the land to number of hotels amounting to thousands of crores have been accounted for by the developer as capital receipts and the developer has not shared mandatory 46% revenue with the government. Decisions Review : CAG in its reports have also questioned a large number of decisions taken at the highest level and middle level of the management which were, although technically documented, on the face of it as appropriate but in fact most of such decisions were neither taken in the best interest of the government or the regulators or organizations concerned. Most importantly these decisions were beyond the overall policy framework laid down by the government/audit entity. The aforesaid initiatives on the part of Hon'ble CAG have brought to light a new debate within the audit profession and the entire chartered accountants circle as to what should be the real scope of audit and can be really ignored the real expectation of the society and the public from the profession of chartered accountants and auditors. Could not understand this? Auditors' debate: The entire auditing profession, more especially all leading chartered accountants are very actively debating on as to whether the international standards on auditing need a comprehensive revision and rather than only reporting on internal control, compliance of various decisions, documentation, supporting vouchers, bills, receipts of goods and other supporting facts and figure examination, is the real audit different and whether the expectation gap is real. The auditors are debating as to - 1. Whether they can question the decisions taken by the management at various levels, in case they are not in the interest of the company or they are not in accordance with the overall policy guidelines determined by the Board or shareholders/owners. 2. Whether the auditors should review the actual performance vis-a-vis budgeted, standard or estimated performance at the time of financial outlay. Whether performance of management team need to be critically examined by the Auditors. 3. Whether besides the examination of financial figures and documentation supporting them, auditors need to confirm and verify as to whether the purpose to which the money was spent has been achieved. 4. Whether the Physical outcome arising out of the financial outlay is commensurate to the money spent. 5. Whether adequate due diligence was undertaken while carrying out various functions of the management. 6. Whether the auditors need to go in real corporate governance, rather than just verifying only symptoms or requirements of compliance of corporate governance indicators. 7. Whether the auditors can review the information disclosed to the audit committee or to the board of directors and to the shareholders, with a view to achieve adequate transparency and responsibility in the decision making process. 8. Whether the quality of services or quality of goods, claimed by the corporate were achieved or the corporate concerned is playing with the interest of various stake holders including customers, suppliers and employees and most importantly the shareholders. 9. Whether the propriety aspects of the audit are to be undertaken by the auditors, once the shareholders appoint them to review and undertake the audit and assurance process. 10. Whether auditors can question the extravagant or unwarranted cost and expenses. 11. Whether related party transactions are in the interest of the company or their justification can be reviewed. 12. Whether the money advances has unsecured loan as interest free loan or certain guarantees, advances or expenses were incurred without adequate justification, bearing the interest of the company in mind. The aforesaid list is unending and can be summarized in one statement i.e. whether the auditors should be made responsible to ensure that the affairs of the audit entity are managed in a manner that they are genuinely in the interest of the owners, minority shareholders, buyers, suppliers, employees, government and regulators, society and most importantly the overall interest of the audit entity and the nation. You can't expect auditors to be all pervasive, do all and know all kind of class….Please rethink on this issue.
  • 4. 4 THE CHARTERED ACCOUNTANT WORLD – May 2013 CAPITAL MARKET / CORPORATE AND ECONOMIC LAWS CORPORATE AND ECONOMIC LAWS 1.0 Company Petition Maintainable The Supreme Court has said aside the judgment of the Calcutta High Court in the long - standing dispute between Bhagwati Developers and CAPITAL MARKET 1.0 SEBI asks Osian to close Art Fund The Stock market regulator Securities & Exchange Board of India (SEBI) has directed Osian's -Connoisseurs of Art Pvt Ltd, an art fund to wind up its existing 'collective investment scheme' (CIS). Osian had raised ` 102.40 crore from 656 investors. Osian has also been directed to refund the money to its investors within three months and submit a winding up report. Osian also has to pay the higher of profits earned according to its offer terms or 10 per cent interest a year. The payout would be calculated from the date of investment till the date of refund, said SEBI. Failure to do so would lead to initiation of prosecution proceedings. 2.0 SEBI decides to crack whip on Collective Investment Schemes The Securities and Exchange Board of India (SEBI) has decided to crack the whip on collective investment schemes (CIS), which, according to the capital market regulator's estimates, have raised more than ` 10,000 crore by promising investors massive returns in quick time. 3.0 SEBI move to stiffen Reverse Mergers to hit PEs exits In a reverse merger, unlisted entities are merged with a listed group entity Earlier, only court and exchange approval was required Now, SEBI will look into each case PEs see reverse merger as another exit route SEBI's tough stance could hit PEs' plan to liquidate shares. Peerless General Finance Ltd. over a compliant of oppression and mismanagement. Since the dispute started in 1991, the matter was remanded to the high court to decide it within six months. The High Court had rejected the claim of Bhagwati Developers to maintain the company petition because it had less than required shares to move the company court. The Supreme Court stated that winding up petition can be filed with 10 per cent shareholding in all. It is not necessary that the petitioner must hold it individually. A petition can be filed even after obtaining the consent of other shareholders, the Supreme Court ruled. It said that the law does not require that "the consent should be given by a member personally, as the same can also be given by the power of attorney holder of such as shareholder. Furthermore, the issue of compliant must be decided on the basis of a broad consensus approach, in relation to the avoidance and subsistence of the case. The same must be decided on the basis of the form of such consent, rather on the substance of the same. There is hence, no need of written consent, or even of the consent being annexed with the company petition. 2.0 DTH free from Entertainment Tax The Supreme Court has held that the Madhya Pradesh government cannot demand entertainment tax on DTH services provided to the customers. 3.0 Nod for Clubbing Allowances with Basic Pay for PF Deduction Decks have been cleared for clubbing of allowances with basic pay for PF deductions under the EPFO scheme, a move that will increase savings but reduce take-home pay of over 5 crore subscribers. A review committee, constituted to look into the nitty-gritty of clubbing of allowances with basic pay for PF deductions, has supported the idea for enhancing the social security benefit under the EPF scheme run by the Employees' Provident Fund Organization (EPFO).
  • 5. 5A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY CERTIFICATE COURSEAUDIT / INSURANCE / DIRECT TAXATION INSURANCE 1.0 IRDA finalises norms for Surveyors and Loss Assessors The Insurance Regulatory and Development Authority (IRDA) has finalized the training and licensing norms for surveyors and loss assessors for the insurance industry. The regulator has said appointment of a surveyor for loss assessment need to be made within 72 hours from the time of occurrence of loss was known to the insured. Further, they will be allowed to assess losses of only those departments specified in his/her license. They have been barred from acting as a consultant and are not to be involved in settlement of claims. 2.0 IRDA allows one time renewal of Agency License The Insurance Regulatory and Development Authority (IRDA) has given a one-time chance AUDIT 1.0 CAG detects loss of ` 2,310 Cr in Tax Collection by Delhi Govt The Comptroller and Auditor General (CAG) has said that under assessment, irregular claims of exemption and other shortcomings in tax collection system of Delhi Government have caused a loss of over ` 2,300 crore to the exchequer in 2011-12 2.0 National Highways Body loses ` 874 Cr on Project delays: CAG Delay in completion of port road connectivity (PRC) projects and loss of toll revenue had resulted in a loss of around ` 873.85 crore to the National Highways Authority of India (NHAI), said the Comptroller andAuditor General of India. 3.0 CBI sharing Coal Probe Report has shaken Investigation Process : Apex Court The Comptroller & Auditor General draft report alleges that government offered coal blocks without auction causing a loss of ` 10.67 Lakhs crores. It also blames Prime Minister Manmohan Singh for wrongdoings. to insurance companies to renew the archived individual agency licenses. IRDA had achieved a large number of licenses of agents who had not submitted their PAN or whose licenses had lapsed for more than one year, resulting in large number of dormant practices. 3.0 Insurers Exposure cap for Reverse Repo deals removed The Insurance Regulatory and Development Authority (IRDA) have done away with the exposure limit on reverse repo transactions by insurers. In a circular to the chief executives of all insurance companies, IRDA has said that reverse repo transactions in government securities were treated on a par with collateralised borrowing and lending obligation (CBLO) transactions and the 10 per cent investment limit wasn't applicable to this category. DIRECT TAXATION 1.0 Union Budget Approved The Finance Bill for the year 2013 was approved by the parliament, subject to following changes: 1. No levy of wealth tax on farm land. 2. No requirement of TAN for tax deduction at source on transfer of immovable property of over ` 50 Lakhs. 3. Exemption for Gold Coin or articles, weighting less than 10 gms, from tax collected at source in cash sale withdrawn. 2.0 Withholding Tax thrashed The Finance Bill has made the withholding tax for FIIs, QFIs cut to 5% on rupee-denominated infra bonds. 3.0 Some Latest Judgements Section 32: Depreciation The Gujarat High Court has held that depreciation would be allowed on software developed and installed by assessee. CIT-IV vs. Shree Rama Multi Tech Ltd., [2013] 32 taxmann.com 295 Section 2(24): Income The Gujarat High Court has held that where incentive in form of sales tax waiver/deferment
  • 6. 6 THE CHARTERED ACCOUNTANT WORLD – May 2013 DIRECT TAXATION was not meant to give any benefit on day-to-day functioning of business or to make it more profitable, but was aimed to cover capital outlay of assessee for undertaking modernization of existing industry, it was capital receipt, not chargeable to tax CIT vs. Birla VXL Ltd., 2013] 32 taxmann.com 330 Section 40(a)(ia): Business Disallowance The Bombay High Court has held that where assessee paid certain amount to sister concerns by way of reimbursement of salaries because their employees were deputed to assessee, there was no requirement to deduct tax at source while making said payments. CIT-II vs. OCB Engineers, [2013] 32 taxmann.com 271 Section 30: Rent, Rates, Taxes, Repairs and Insurance for Buildings The Madras High Courthas held that expenditure on designing, layout and other temporary constructions, to make leasehold office premises functional, is revenue expenditure. CIT- I, Chennai vs. Armour Consultants (P.) Ltd., [2013] 32 taxmann.com 172 Section 28(i), read with Section 22 and Section 80-IA: Business Income The Mumbai ITAT bench has held that rental income derived by assessee from business centre (I.T. Park) was to be treated as business income and not as income from house property. Krishna Land Developers (P.) Ltd. vs. ACIT, Circle-2(2), [2013] 32 taxmann.com Section 37(1): Business Expenditure The Mumbai ITAT bench has held that payment made to stock exchange for violation of byelaws of stock exchange is allowable as business expenditure. HSBC Securities & Capital Markets (India) (P.) Ltd. vs. ACIT, Circle-4(1), [2013] 32 taxmann.com 328 Section 92C: Transfer Pricing The Delhi ITAT bench has held that in case of transaction of lending money in foreign currency to foreign subsidiary, LIBOR should be taken as benchmark rate for computing ALP of interest. Cotton Naturals (I) (P.) Ltd. vs. DCIT, Circle 3(1), [2013] 32 taxmann.com 219 The Mumbai ITAT bench has held that foreign exchange gain, if related to business of assessee profit, will be a part and parcel of arm's length price profit. S. Narendra vs. Add. CIT-16(3), [2013] 32 taxmann.com 196 (Mumbai - Trib.) The Hyderabad ITAT bench has held that while computing ALP, companies having supernormal profits and companies with extraordinary circumstances like merger/de-merger etc. cannot be taken as comparables Capital IQ Information Systems (India) (P.) Ltd. vs. DCIT (International Taxation), [2013] 32 taxmann.com 21 The Delhi ITAT bench has held that the “Bright Line test” can be applied to disallow the excessive AMP expenses incurred by the assessee for the benefit of the brand owner. L.G. Electronics India P. Ltd. vs. ACIT The Chennai ITAT bench has explained law on valuation of shares of a closely held company for transfer pricing purposes. Ascendas (India) Pvt. Ltd. vs. DCIT Section 2(14), read with Section 45: Capital Asset The Mumbai ITAT bench has held that undisputed tenancy right of an assessee in respect of a property is a capital asset. Kewal Silk Mills vs. ACIT, [2013] 31 taxmann.com 405. Section 194H: Deduction of Tax at Source on Commission or Brokerage The Mumbai ITAT bench has held that sub- brokerage paid in connection with services rendered in course of buying and selling of units of mutual funds is not covered by provisions of Section 194H. DCIT - 2(3), Mumbai vs. S.J. Investment Agencies (P.) Ltd., [2013] 32 taxmann.com 97. Section 147, read with Section 143(1) and Section 153C: Assessment / Reassessment / Search / Stay The Delhi High Court has held that even Section 143(1) Intimation cannot be reopened u/s 147 without “fresh material”. CIT vs. Orient Craft Ltd. The Bangalore ITAT bench has held that non- supply of recorded reasons before passing
  • 7. 7A JOURNAL OF ALL INDIA CHARTERED ACCOUNTANTS’ SOCIETY CERTIFICATE COURS / ICAIEDIRECT TAXATION FINANCIAL INDICATORS CurrentRate* MonthAgo 3Month 6Month (in%) (in%) Ago(in%) Ago(in%) 3 Month LIBOR ($) 0.275 0.277 0.290 0.310 3 Month MIBOR (`) 8.36 8.79 8.96 8.68 SENSEX 19939 18413 19485 18846 NIFTY 6050 5558 5903.5 5738 CRR 4 4 4 4.25 REPO 7.25 7.5 7.75 8 REVERSE REPO 6.25 6.5 6.75 7 Gold (per 10 gm) 26843 29230 30815 31415 Silver (per kg) 45062 51775 58246 59933 Crude (USD/bbl) 104.47 105.79 118.9 107.25 Rs. vs USD 54.54 54.53 53.57 54.34 Rs. vs Euro 71.11 71.33 71.79 69.43 Rs. vs 100 Yen 53.97 55.03 57.42 68.31 Rs. vs RMB 8.93 8.8 8.61 8.63 Rs. vs Pound 84.19 83.59 84.25 86.97 MCX Aluminium 100.75 102.4 110.7 103.65 MCX Copper 399.45 413.2 444 416.4 *As on 10th May 2013 (Sources: Moneycontrol, NSE, BSE, RBI, MCX) reassessment order renders the reopening void u/s 147. Subsequent supply does not validate reassessment order. Synopsis International Ltd. vs. DDIT The Mumbai High Court has held that failure to obtain JCIT’s approval renders Section 153C Assessment order void. CIT vs. Akil Gulamali Somji The Mumbai ITAT bench has held that Section 153A assessment is mandatory even if no incriminating material is found. ACIT vs. Pratibha Industries Ltd. The Gujarat High Court has held thatAO cannot assess other escaped income if original reason is dropped u/s 147. CIT vs. Mohmed Juned Dadani The Mumbai High Court has held that Section 292BB does not have retrospective effect. CIT vs. Salman Khan The Ahemdabad ITAT bench has held that Tribunal has the power to grant unlimited stay of demand under third Proviso to section 254(2A) Vodafone West Ltd. vs. ACIT Section 9: International Taxation / Royalty The Delhi ITAT bench has laid down important law on taxability of royalty embedded in goods sold in India has held that royalty earned by non- resident from another non-resident is not taxable in India u/s. 9(1)(vi)(c) even if payer embeds the know-how into products sold in India. Qualcomm Incorporated vs. ADIT The Mumbai ITAT bench has held that services rendered by machines is not “fees for technical services” u/s 9(1)(vii) Siemens Limited vs. CIT The Andhra Pradesh High Court explaining entire Law on Lifting Corporate Veil to tax offshore transfers held that gains arising on sale of shares of foreign company by NR to NR not taxable in India under India-France DTAA even if the foreign co only held Indian assets. Sanofi Pasteur Holding SA vs. Department of Revenue Section 50C read with Section 54 and 54F : Exemptions from Capital Gain The Mumbai ITAT bench has held that Section 50C does not apply to transfer of immovable property held through company Irfan Abdul Kader Fazlani vs. ACIT The Mumbai ITAT bench has held that Section 50C does not apply to transfer of FSI & TDR. ITO vs. Prem Rattan Gupta The Delhi High Court has held that several independent units can constitute “a residential house” for the purposes of section 54 / 54F. CIT vs. Gita Duggal The Punjab & Haryana High Court has held that a family settlement does not result in a “transfer” and compensation received to equalize inequalities in family settlement is not taxable as “income”. CIT vs. Ashwani Chopra The Delhi High Court has held that gains on shares held in investment portfolio are not assessable as business profits. CIT vs. Avinash Jain Section 14A / Rule 8 D: Exempt Income The Kolkata ITAT bench has held that expense specifically relatable to taxable income cannot be disallowed u/s 14A read with Rule 8D JCIT (OSD) vs. Pilani Investment & Industries Corpn. Ltd.
  • 8. 8 THE CHARTERED ACCOUNTANT WORLD – May 2013 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 MAY, 2013 R.N.I. No. 50796/90 Posting Date: 14/15 May, 2013 Registration No. DL(c)-01/1268/2012-14 Licenced to post without prepayment No. U-(C)-82/2012-14 Contd............... from pg 1 TELECOM SECTOR..... EDITORIAL 3. The telecom licenses & spectrum should be made freely transferable. 4. The entry barriers in telecom sector need to be completely withdrawn by permitting maximum possible telecom operators to bid for spectrum on revenue sharing basis, while allocating a reasonable economic size to each operator. "It is very important duty of the king to ensure, in an equitable manner that all fair opportunities are provided dulyempoweredbypolicysupportstoensuregrowthofeach business sector" FEMA 1.0 RBI clarifies on ODIs The Reserve Bank of India (RBI) has observed Indian parties were using the Overseas Direct Investments (ODI) as an automatic route to set up structures facilitating trading in currencies, securities and commodities. Such structures, with equity participation of Indian parties, have also started offering financial products linked to the rupee. The central bank has clarified any foreign entity, with equity participation directly/indirectly, shall not offer such products without its approval.