Real Estate Bill approved by Union Cabinet

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the Real Estate (Regulation and Development) Bill, 2015, as reported by the Select Committee of Rajya Sabha. The Bill will now be taken up for consideration and passing by the Parliament.

The Real Estate (Regulation and Development) Bill is a pioneering initiative to protect the interest of consumers, promote fair play in real estate transactions and to ensure timely execution of projects.

The Bill provides uniform regulatory environment to ensure speedy adjudication of disputes and orderly growth of the real estate sector. It will boost domestic and foreign investment in the Real Estate sector and help achieve the objective of Government of India to provide ‘Housing for All’ by enhanced private participation.

The Bill ensures mandatory disclosure by promoters to the customers through registration of real estate projects as well as real estate agents with the Real Estate Regulatory Authority. The Bill aims at restoring confidence of consumers in the real estate sector; by institutionalizing transparency and accountability in real estate and housing transactions which will further enable the sector to access capital and financial markets. The Bill will promote orderly growth through consequent efficient project execution, professionalism and standardization.

The salient features of the Bill are as under:

1. Applicable both for commercial and residential real estate projects.

2. Establishment of ‘Real Estate Regulatory Authority’ in States/UTs to regulate real estate transactions.

3. Registration of real estate projects and real estate agents with the Authority.

4. Mandatory disclosure of all registered projects, including details of the promoter, project, layout plan, land status, approvals, agreements along with details of real estate agents, contractors, architect, structural engineer etc.

5. Deposit of specified amount in a separate bank account to cover the construction cost of the project for timely completion of the project.

6. Establishment of fast track dispute resolution mechanisms for settlement of disputes through adjudicating officers and Appellate Tribunal.

7. Civil courts jurisdiction prohibited from taking up matters defined in Bill, however, consumer court allowed to hear real estate matters.

8. Promoters barred from changing plans and design without consent of consumers.

9. Provision of Appropriate Government to make rules for the matters specified in the Bill, and the Regulatory Authority to make necessary regulations.

-- CA Kasliwal Ambar

International Anti-Corruption Day

This International Anti-Corruption Day, Let's All Unite Against Corruption & Remove this Evil from Our Country and let's work towards a better nation.

-- CA Kasliwal Ambar

Pending IT refunds to be expedited

Central Board of Direct Taxes (CBDT) has issued directions for expediting pending refunds below Rs. 50,000/ for Assessment Year(s) 2013-14 and 2014-15 in all cases except those selected for scrutiny.

The Income-tax Department is committed to improving taxpayer services and redressing grievances in a timely manner.

The status of outstanding refunds was reviewed recently. Following the review, Central Board of Direct Taxes (CBDT) has issued directions to its field formations to expedite the issue of pending refunds below Rs. 50,000/ for assessment years 2013-14 and 2014-15 in all such cases which have not been selected for scrutiny. The field formations and the Central Processing Centre (CPC), Bengaluru have been directed to complete the process as early as possible.

This initiative is expected to significantly reduce taxpayer grievances and enhance the taxpayer satisfaction.

The communication is available on the website of the Department at www.incometaxindia.gov.in

-- CA Kasliwal Ambar

WIRC Elections: Vote and Make a Difference

Make Your Voice heard.

This WIRC Elections, Do Vote

CA Kasliwal Ambar

Ballot No. 26

Government to Issue Sovereign Gold Bonds

Government of India, in consultation with Reserve Bank of India (RBI), has decided to issue Sovereign Gold Bonds. The Bonds will be issued on November 26, 2015. Applications for the bond will be accepted from November 05, 2015 to November 20, 2015. The Bonds will be sold through banks and designated post offices as may be notified. The borrowing through issuance of the Bond will form part of market borrowing programme of Government of India.


It may be recalled that the Finance Minister had announced in Union Budget 2015-16 about developing a financial asset, Sovereign Gold Bond, as an alternative to purchasing metal gold.

The major features of the Bond are given below:

• Product name- Sovereign Gold Bond
• Issuance- To be issued by Reserve Bank India on behalf of the Government of India.
• Eligibility- The Bonds will be restricted for sale to resident Indian entities including individuals, HUFs, trusts, Universities, charitable institutions.
• Denomination- The Bonds will be denominated in multiples of gram(s) of gold with a basic unit of 1 gram.
• Tenor- The tenor of the Bond will be for a period of 8 years with exit option from 5th year to be exercised on the interest payment dates.
• Minimum size- Minimum permissible investment will be 2 units (i.e. 2 grams of gold).
• Maximum limit- The maximum amount subscribed by an entity will not be more than 500 grams per person per fiscal year (April-March). A self-declaration to this effect will be obtained.
• Joint holder- In case of joint holding, the investment limit of 500 grams will be applied to the first applicant only.
• Frequency- The Bonds will be issued in tranches. Each tranche will be kept open for a period to be notified. The issuance date will also be specified in the notification.
• Issue price- Price of Bond will be fixed in Indian Rupees on the basis of the previous week’s (Monday–Friday) simple average of closing price of gold of 999 purity published by the India Bullion and Jewellers Association Ltd. (IBJA).
• Payment option- Payment for the Bonds will be through electronic funds transfer/cash payment/ cheque/ demand draft.
• Issuance form- Government of India Stock under GS Act, 2006. The investors will be issued a Stock/Holding Certificate. The Bonds are eligible for conversion into demat form.
• Redemption price- The redemption price will be in Indian Rupees based on previous week’s (Monday-Friday) simple average of closing price of gold of 999 purity published by IBJA.
• Sales channel- Bonds will be sold through banks and designated Post Offices, as may be notified, either directly or through agents.
• Interest rate- The investors will be compensated at a fixed rate of 2.75 per cent per annum payable semi-annually on the initial value of investment.
• Collateral- Bonds can be used as collateral for loans. The loan-to-value (LTV) ratio is to be set equal to ordinary gold loan mandated by the Reserve Bank from time to time.
• KYC Documentation- Know-your-customer (KYC) norms will be the same as that for purchase of physical gold. KYC documents such as Voter ID, Aadhaar card/PAN or TAN /Passport will be required.
• Tax treatment- The interest on Gold Bonds shall be taxable as per the provision of Income Tax Act, 1961 (43 of 1961) and the capital gains tax shall also remain same as in the case of physical gold.
• Tradability- Bonds will be tradable on exchanges/NDS-OM from a date to be notified by RBI.
• SLR eligibility- The Bonds will be eligible for Statutory Liquidity Ratio.
• Commission- Commission for distribution shall be paid at the rate of 1% of the subscription amount.

What the Wolf Of Wall Street has to say on Indian Economy

Views of Jordan Belfort

Market is current on bumpy ride where we are seeing one day market is going up and second day market corrects. This is a very negative sign as market is highly volatile and is making new low at each trading session. Last week we had made a low of 7850 and this week we made a low of 7650. Now the whole street is taking of 7500 and 7200. But our conviction is clear that market has bottomed out and we don’t see any further pain on street. A 50-60 pts correction is possible but chances of markets getting back to 8000 levels are high. Currently global concern is resulting in shrinking on market and in compare of Global scenario Indian fundamentals are far better so every fall is a buy and this is the right time to buy. Valuations are quite cheap and long term bet is surely on India. Banking stock has been heavily hit in last 15 trading session. Bank nifty has corrected from 19000 to 16500. PSU Bank like SBI, OBC, BOI, Corporation Bank are all trading at 52 and 72 week lows. Most of the banking stocks are available at 2013 lows so we advise to buy these stocks as rebound in PSU banks is definitely around the corner. Most of the PSU bank are available at P/BV of 0.32 and lower which is surely a buying opportunity. We are once again advising you that currently the whole street is in a mood to sell and this is the best opportunity to buy as the same people will come back to buy at 8000 and 8100 levels. So don’t miss the chance. We, at CNI, are bulls on street. Currently market has been surrounded by full negativity.

No one is ready to buy. We are talking with many retailers, brokers, investors and all are afraid to invest as all have one opinion in common that nifty will touch 7000 levels. Media, Analyst, Foreign brokers all are talking negative and are bearish on stocks. Poor monsoon, failed parliament session, Bihar election and earning of companies is in the mind of the people. We believe Indian economy is in a far better state than 2013. We have strong foreign reserves to protect downside risk of our currency. Crude price is another boon for the economy. Coming to reformative action Govt. action will fail till 2016 as Rajya-Sabha fails majority and will gain majority only in 2016. So we should give the new Govt some time and wait for results. Bihar election is a strong trigger and we estimate NDA Govt. will gain majority.

-- CA Kasliwal Ambar

Update: No more Service Tax on Yoga Training

CBEC vide its Notification No. 20/2015-Service Tax dated 21-10-2015 amended Notification No. 25/2012-Service Tax, dated the 20th June, 2012 to provide following new exemptions from levy of service tax:

No More Service Tax on Yoga Training:

Now 'Yoga' gets place in Mega Exemption Notification w.e.f. 23-10-2015. Earlier the exemption was extended to only Services by an entity registered under section 12AA of the Income tax Act, 1961.

-- CA Kasliwal Ambar

Amazon Growth Story continues - Business quadrupled in 2015

Amazon Inc's India business has quadrupled in 2015 over the previous year as customers and sellers have risen more than threefold, helped by a similar surge in "fulfillment capacity" as online shopping gathers momentum across the country. "Active customer accounts are up 230 per cent year ­over ­year. We are in the middle of the Diwali season that is going really well," Brian Olsavsky, chief financial officer at Seattle based Amazon, said on an investor call on Thursday, the first time that these numbers have been made public. "The number of sellers has grown more than 250 per cent year ­over year. Sales are 4x what they were last year." The Indian unit of the world's largest consumer marketplace has been adding products at a rate of 40,000 per day this year with 90 per cent of sellers using its logistics and warehousing services. "As a result, we've tripled our fulfillment capacity       year ­over­ year. So we are very encouraged, and continue to invest there very heavily," Olsavsky said.

A month ago, the company injected Rs 1,237 crore into Amazon Seller Services Pvt, the biggest infusion of capital into its Indian flagship since entering the country in 2013. India is one of the fastest­ growing markets for the US online retail giant and Amazon's founder Jeff Bezos had pledged to invest $2 billion in local operations last year. Given the faster­ than ­expected expansion, that number may increase, an Amazon official has indicated. Amazon expects India to overtake Japan, Germany and the UK to become its largest overseas market besides becoming the quickest to reach $10 billion in gross merchandise value (GMV) in the company's history, Diego Piacentini, Senior Vice­ President for international business, told ET last week. Since India bars foreign capital in business­ to ­consumer (B2C) e-commerce, Amazon operates a marketplace for vendors to sell products to customers, as do Flipkart and Snapdeal.

The company will be looking to keep pace as investors have been pumping money into homegrown rivals such as Flipkart and Snapdeal, seeking a slice of India's burgeoning e-commerce market. This is set to rise to $60­70 billion by 2019 from $17 billion in 2014, according to a February report by The Boston Consulting Group and Retailers Association of India. Experts feel Indian Internet companies may need to chart a longer and more tortuous path to profitability though. According to a recent JP Morgan report, India will likely see consolidation among the raft of players populating particular categories as considerations of scale, better pricing power and returns intensify. This consolidation may either be natural or forced, the latter more likely facilitated by investors, it said.

"The funding spigot can spur innovation only up to a point — 'excess' capital can end up funding more expensive customer acquisition strategies, greater discounting and leading to a more elevated cost structure," Viju George wrote in the JP Morgan report. India's aggressive e-commerce companies have been trying to outdo each other in big ­ticket fundraising. In July, Flipkart raised $700 million from a clutch of foreign investors, pegging the Bengaluru ­based company's valuation at $15 billion and making it one of the hottest global start-ups in recent years.

-- CA Kasliwal Ambar

Reference -

• ET

China makes another aggressive monetary policy move

China's Central Bank cut interest rates for the sixth time since November on Friday, and it again lowered the amount of cash that banks must hold as reserves in another attempt to jump-start a slowing economy.

China's monetary policy easing is at its most aggressive since the 2008/09 global financial crisis, underscoring concerns within Beijing about the health of the world's second­ largest economy.

The People's Bank of China (PBOC) said on its website that it was lowering the one ­year benchmark bank lending rate by 25 basis points to 4.35 per cent, effective from Oct. 24. "The People's Bank has delivered another jolt of stimulus," analysts at Capital Economics said in a note to clients, but added that they were "still waiting for clear evidence of an economic turnaround". 

"We are retaining our forecast that benchmark rates and the reserve requirement ratio will both be cut once more before the end of the year, with a further move in both early in 2016." Sobering economic data in the third quarter has demonstrated the daunting challenges faced by the country's leaders, not least in attaining the 7 per cent growth target set by the government. Data released on Monday showed China's economy grew 6.9 per cent between July and September from a year earlier, dipping below 7 per cent for the first time since the global financial crisis. 

The one ­year benchmark deposit rate was lowered by 25 basis points to 1.50 per cent. The RRR will also be cut by 50 basis points for all banks, taking the ratio to 17.5 per cent for the country's biggest lenders, the PBOC said in a statement. Buoyed by China's easing, which came late in the evening in Asia, European shares turned higher and the Chinese offshore yuan fell against the US dollar. The pan-­European FTS Eurofirst 300 extended gains to trade 2.2 per cent higher at 1,493.60, with miners jumping 2.9 percent in the minutes after the move. China's offshore yuan hit a four­ week low of 6.3958 to the dollar after the decision.

-- CA Kasliwal Ambar

Reference - 

• ET

If only a chip can bring such a big change in the Rural area!

A tiny chip designed in Bengaluru, the size of a postage stamp, might hold the answer to connecting India's rural population to the Internet, an ambitious goal being chased by the likes of Google, Facebook and Microsoft.

The chip, called Pruthvi, powers a system which can use television White Space — or wasted spectrum bandwidth — to beam Internet to scores of households. This innovation by Saankhya Labs, is important in today's India, where on one hand the government is pushing its ambitious 'Digital India' programme and on the other, large technology companies are working on similar goals.
"World over regulatory authorities are using or planning to use this spectrum for their respective connectivity programmes. India can take the lead in both technology and the markets for TV White Space-based broadband delivery.

And how long can the government not push the envelope... It's got to be expedited sooner than later," said Parag Naik, CEO and Co-founder of Saankhya Labs.

Founded in 2007 by Naik, Hemant Mallapur and Vishwakumara Kayargadde, the company has developed a system called Meghdoot, powered by its Pruthvi chip, which can utilise the existing TV White Space bandwidth available in India to provide wireless broadband to remote areas. TV White Space refers to the unused spectrum between active TV channels that are traditionally used for over-the-air transmission using TV towers and rooftop antennas. In India, this mainly refers to the spectrum used by the likes of Prasar Bharti.

The Meghdoot product family consists of a base station and user-side modem that can together provide Wireless Rural Broadband using the TV White Space spectrum from 400 to 800MHz.

The technology does not require line-of-sight, thus ensuring longer range, and can serve up to a radius of 10-15 km depending on antenna tower height and transmit power. The range can also be further increased with more powerful and taller antennas.


The company is soon set to conduct field trials across the country in collaboration with IIT-Bombay, IIT-Delhi and IIT-Hyderabad. They are also in discussions with Microsoft to do trials at Srikakulam in Andhra Pradesh.

The Meghdoot product line is compliant to the Wi-FAR standard, making the device compatible for use in other countries too. The company is also engaged with partners for trials in the Philippines, the US and Singapore.

-- CA Kasliwal Ambar

Reference -

• ET

GOI makes changes in Indirect tax rates

Government of India has made the following changes in indirect tax rates, effective from 19th October, 2015:

1) In view of the continued fall in international prices of wheat and the anticipated adverse impact of increased imports during the first half of this financial year, basic customs duty on wheat has been increased from 10% to 25% for a period upto 31.03.2016. Notification No.51/2015 ­Customs, dated 19.10.2015 may be referred to in this regard.

2) Specified biodiesel is exempt from central excise duty. However, its inputs namely, RBD Palm Stearin, Methanol and Sodium Methoxide are chargeable to central excise duty leading to CENVAT credit accumulation. Central excise duty has been exempted on RBD Palm Stearin, Methanol and Sodium Methoxide used in the manufacture of such biodiesel subject to actual user condition for a period upto 31.03.2016. Notification No.42/2015­ Central Excise, dated 19.10.2015 may be referred to in this regard.

-- CA Kasliwal Ambar

Wal­mart suspected to have paid millions of dollars in bribes in India!

America's multinational retail corporation Wal­Mart is suspected to have paid bribes worth millions of dollars in India, according to a media report. In a major report, The Wall Street Journal said Wal­Mart's "suspected bribery" unearthed in India involves thousands of small payments to low ­level local officials to help move goods through customs or obtain real ­estate permits.

 "The vast majority of the suspicious payments were less than USD 200, and some were as low as USD 5, the people said, but when added together they totalled millions of dollars," the daily said. In 2013, Wal­Mart shelved plans to open retail stores in India by severing a joint venture with Bharti Enterprises Ltd and instead decided to become solely a wholesaler there, the report said. Walmart, who was pushing the previous UPA regime for opening of the multi-­brand retail sector was also involved in lobbying before the US Congress in this regard, Congressional disclosure reports have said in the past few years. According to the report, Wal­Mart's massive bribery efforts is unlikely to bring in any penalty on it as its Indian operation does not yield any profit under the provisions of the Foreign Corrupt Practices Act (FCPA) of the United States. "Because penalties under the FCPA are often connected to the amount of profit the alleged misconduct generated, the payments in India wouldn't be likely to result in any sizable penalty, since Wal­Mart's operations there haven't been particularly profitable, said people familiar with the matter," the daily reported. There was no immediate response from Wal­Mart's corporate headquarters here on the Wall Street Journal's report on its bribery in India. According to The Wall Street Journal, federal investigators "found evidence of bribery in India, centering on widespread but relatively small payments made to local officials there," during the course of its "high ­profile federal probe" into allegations of widespread corruption at Wal­Mart Stores Inc's operations in Mexico. The investigations though have found little in the way of major offenses in Mexico, and is likely to result in a much smaller case than investigators first expected, the daily said.

- CA Kasliwal Ambar

Reference -

• ET

Avoiding complaints from your clients' may affect your firms reputation.

Dear Friends,

Research shows that as many as 66% of disgruntled clients' will most likely choose not to work with you again, for a faulty solution or experienced bad service. (Source : Google)

Here are seven ways to avoid losing clients — and save your reputation.

Tip #1 : Show that you care

Listen to what your client has to say to determine the problem and offer a quick resolution. It's important to stay professional and avoid getting emotional, but it's equally important to show your human side and demonstrate that the client is not just another number for you.

Just in case you need numbers to actually care: A 2014 study suggests that a completely satisfied client contributes 14 times as much revenue as a somewhat dissatisfied one (Source : Google)

Tip #2 : Throw away template answers

You should take a one-on-one approach for every aspect of your communication with your client. Generic copy-paste emails won’t do. Your voice and professional opinions need to be heard and, most importantly, you need to match them to your client's situation and to the solution you are providing.

Show your client a personalized approach and try to put yourself in your clients' shoes before you answer. Research suggests that more than 55% of your clients will be willing to pay more for better client service. And better means more individualized and personalized attention. (Source : Google)

Tip #3 : Avoid lengthy discussions

Try to focus on facts and don't get yourself dragged into disputes over who's right and what's right.

Proving your point will not get you any extra client love. Your clients – even those most upset – expect to be listened to, encouraged that their issue will be taken care of, and offered a resolution.

In a typical business, 42% of client service agents are unable to efficiently resolve customer issues due to disconnected systems, archaic user interfaces and age-old methods. (Source : Google)

Don’t close yourself off in a golden cage of old structures. Take the road less travelled.

Tip #4 : Offer a fast and effective solution
Unhappy clients will keep contacting you until you resolve their problem and make sure that help is coming. It's important for you to offer quick and reliable assistance. At the same time, you need to be realistic and not over-promise.

2012 research indicates that 33% of clients would recommend someone that provides a quick response, even if that response is ineffective. (Source : Google). This speaks about the need of time-efficient response to your client’s needs.

As long as you stick to the facts, you will gain clients' gratitude for responsibly handling their issues. You already have the skill set and experience to make the best possible short-term solution in a short amount of time. Be honest with your client about their options.

Tip #5 : Don't let the issue escalate

Finding a solution may take some consultations and follow-up, but remember that in the world we live in today, clients(especially those disgruntled ones) count on fast resolution. If they don't get it, they'll go on Facebook or Twitter to voice their frustration. Don't ignore any complaint; deliver what you promised and don't let the issue escalate to the point where it causes your firm, a loss of reputation.

Nowadays, your client is twice as likely to post a negative review about your client relationship as opposed to a positive one, and they are four times more likely to switch to the competition if they are dissatisfied with the service.

This is not to say you have to seal any issue that might have presented itself and never speak of it in public. When it comes to issue resolution, think fast and act faster. But don’t be afraid to give a creative apology if your client has been damaged by the issue.

Tip #6 : Train your staff so they can do their job right

This one is well-meant advice for those of you who employ more than just yourself in your client relationships. Your client service personnel are always out there on the battlefield, handling debates with unhappy clients and trying to put-out fires. Make sure they have all the support they need to assist and support others.

Share with them the company's values and guidelines so that they are never surprised by a question from a client; collect feedback from clients and try to improve your services as much as possible; show your staff what is doable and what is not doable when handling complaints; invest in brainstorming and training sessions so that they can provide top quality service. Don't be shy to include new market solutions that will save them time and effort.

Tip #7: Minimize negative reviews

Negative reviews can be very costly for your business. Show your clients you are ready to listen to their complaints before they go and rage about your service.

Resolve their problem fast and effectively by providing client service by phone, mail, skype etc. Your clients will reward you by staying with you — instead of choosing another professional.

-CA Kasliwal Ambar

Maharashtra Govt. decides to hike Stamp Duty

The Maharashtra government has decided to allow a 1 per cent increase in stamp duty on property transactions, which will increase overall costs for home buyers in Mumbai, the country’s most expensive real estate market.

The Cabinet had on Tuesday approved a proposal for the increase in stamp duty on property transactions to fund major transportation projects such as the Metro and Monorail corridors. With this, the stamp duty in Mumbai will go up to 6 per cent although senior officials in the revenue department admitted that the Centre had issued guidelines urging states to cap stamp duty on property transactions at 5 per cent. The new rate will come into effect once the government issues a notification.

Senior officials also confirmed that the state government was actively considering a move to levy cess on Transferrable Development Rights (TDR) certificates as means to raise additional revenue. With increased revenue expenditure and revenue collection below par worsening the state’s overall financial position, the finance department is pushing for the move, sources confirmed.

CA Kasliwal Ambar

Property prices will be hit by tax on unsold inventory held by developers and builders

According to tax authorities, real-estate companies should have to pay tax based on Annual Letting Value (ALV) on unsold flats as they are the owners of the flats and it does not matter whether the properties are rented out or not.

In a bid to arrest hoarding of residential flats by developers and increase supply across the country, the income-tax department has decided to tax realtors on estimated annual rentals.


The tax could be anywhere between 15% and 20%. The move is as per the central action plan for 2015-16, under which the I-T department can levy tax on any unsold flat by treating it as 'income from house property' under Section 43-CA of the I-T Act, 1961.
According to tax authorities, real-estate companies should have to pay tax based on Annual Letting Value (ALV) on unsold flats as they are the owners of the flats and it does not matter whether the properties are rented out or not.

This means inventory of builders will be taxed on the basis of notional ALV -- a value on which tax has to be paid on the annual value of house property or the rent actually earned, whichever is higher.

A senior IT official said, "The builders' lobby has been creating artificial scarcity through hoarding of flats, only to sell them at higher prices later".

It has been noticed that this practice has been in vogue for over a decade and such flats or stocks are shown 'unsold' in the books of accounts while the main aim was to rig the prices upwards, said a tax official on condition of anonymity.

Taxing unsold stocks will help in two ways, according to a senior I-T official. One, this brings significant revenue, and second, it will force real-estate players to either sell their unsold flats at market-determined price. "Paying tax will further affect their bottomlines," the official, who did not wish to be named, told dna.

According to a recent report on the real-estate market in India by an international property consultant, unsold flats in six major cities hit the highest at 6.88 lakh units in the January-March quarter.

According to the report, it will take 72 months for builders to clear the inventory in Delhi-NCR and 46 months in Mumbai.

So far, unsold projects of builders were exempted from income-tax under the 'stock-in-trade' category. The I-T department believes builders would release more flats into the market, if they have to pay tax on them.

"Real-estate companies show their finished apartments as stock-in-trade and income from these are shown as business income, as in most other businesses. In a rising market, several developers hold apartments to benefit from the price appreciation that will accrue a few years after the project is complete," said a real-estate consultant.

A few years ago, when there was an attempt to tax such unsold stock, builders had moved court. However, the court gave a judgment in favour of the department in 2012.

The court had validated the I-T department's argument that builders will have to pay tax based on the ALV method, irrespective of the fact that these flats were not rented out. The department has now decided to levy this tax uniformly across the country after the proposal was cleared by the finance ministry.

- CA Kasliwal Ambar

Betting turnover in Bihar elections is expected to cross Rs 10,000 crore

Bookies in the satta bazzar or the illegal betting market, who accurately predicted a single party majority for BJP in May 2014's national polls, are predicting that state's two political parties the RDJ and JDU may not win more than 50 seats and 80 seats respectively in the 243 seat state assembly. It is the best case scenario of both these political parties, bookies. Odds on Nitish Kumar led JDU winning 80 seats are pegged at 6:1 while Lalu Yadav's RJD winning 50 seats is pegged at 6:1.

"Anti-incumbency is strongly against JDU, while people of Bihar have still not forgotten the poor state of law during RJD's tenure," said a bookie. Betting turnover in Bihar elections is expected to cross Rs 10,000 crore.

The BJP appears to be galloping ahead in Bihar polls like the bulls. Bookies say in the worst case the BJP's seat count may not fall below 85 seats whereas there is no cap on seats on the upside. Bookies will offer only 85 paise on every rupee bet for BJP winning 85 seats. 

Lower the odds, higher are the chances of a win.

A couple of months ago most bets were on a close contest. The bookies gave BJP lead NDA and Nitish Kumar around 110 each. But, the punters now favour a clear majority for the NDA, giving it around 135 seats, JDU 40-42, RJD 33-35 and relegating Congress to single digits.

- CA Kasliwal Ambar

AUDITORS SHOULD NOT AFFIX THEIR DIGITAL SIGNATURE IN ROC RETURNS

Forms for annual filing have been released today. The two forms ie Form 23AC and ACA have been replaced by a single Form AOC-4.

Now every company needs to file its balance sheet in Form AOC-4

Form AOC -4 is required to be certified by any CA CS or ICWA in practice by subscribing to the declaration that the respective professional has been duly engaged for certification of the said form.

As per the provisions of section 144 of the Companies Act 2013 certain services can't be rendered as an auditor, which includes “management services”

Management services means services rendered on behalf of Management, which management itself is oblige to do.

E.g.

Preparation and filling of:
· Income Tax Return
· ROC Return
· Service Tax Return
· VAT Return
· TDS Return
· Excise Return

This can be planned to comply with the provision.

- CA Kasliwal Ambar

CASA Daily News Alert

>> TAR/ITR Extension Case:

Writ Petition filed against non extension of Due date of TAR/ITR filing for cases covered under Tax Audit Provisions in various High Courts (Gujarat, Delhi, Jodhpur, Karnataka, Orrisa, Mumbai and in Punjab & Haryana) - Cases adjourned for Hearing / Cases Listed for Final Hearing later. ICAI Meeting with FM: No Concrete Decision on TAR/ITR Date Extension.

>> CBDT has updated the tax audit utility today by updating utilities for form 3CA CD, form 3CB CD and form 10B. So please take care and in case you are using tax filling software ask your vendor to update software.

>> ICAI: Exposure Draft of Changes in Ind ASs as a consequence of deferment of Ind AS 115, Revenue from Contracts with Customers, for Public Comments issued

>> MCA Updates: New forms (AOC-4, MGT-7, ADT-2, SH-9) will be available from 25-09-2015. Versions of CRA-4 & CHG-4 are likely to be modified w.e.f. 25-09-2015.

>> SEBI has issued circular under Regulation 27(2) of the SEBI(Listing obligations and disclosure requirements) Regulations, 2015 read with regulation 101(2) (Clause 49 of the existing listing agreement), which provides for the format for compliance report on corporate governance to be submitted to the Stock exchanges by the listed entities.

>> Case Study: Bombay High Court held In the case of M/s Nagpur Engineering Co. Pvt. Ltd. vs. CIT. that in order to attract ceiling u/s 40(c), the payment must be a periodical payment. A Lumsum payment or one time payment is not covered under section 40(c) of Income Tax Act

- CA Kasliwal Ambar

Delhi High Court rejected writ for extention of due date for TAR

Delhi High Court rejected writ for extension of due date for TAR; said CAs should have completed audit by 7th July( i.e. date till form notified), time thereafter is sufficient to file TAR (7th July to 30th September) 

Facts:

a) The petitioner claims to be entitled to extension of due date of filing income-tax return (‘ITR’) (i.e., September 30, 2015) due to the delay on the part of the respondents in prescribing the ITR forms. b) It was contended that the said forms were prescribed only vide Notification dated 29th July, 2015 and were made available only with effect from August 7, 2015. The argument of the counsel for the petitioner was that since the Assessment Year 2015-2016 commenced on 1st April, 2015 and the due date for filing the return is 30th September, 2015, so 180 days are to be made available to the assessee to file the return. The Delhi High Court held as under:

1) The period claimed by the petitioner as a matter of right of 180 days for filing the ITR is admittedly not prescribed, neither in the Statute nor in the Rules.

2) Filing of ITR for assesses due date whereof is 180 day sis dependent upon the accounts of the assessee being audited and which audit the counsel for the petitioner admits commences only on the beginning of assessment year. The said audit, in the case of some assesses may be completed in a few days and in case of others may take longer. Thus, the time taken in audit, which is variable, will be determinative of the time available thereafter for filing the ITR. Said audit is not dependent upon the prescription of the income-tax return (‘ITR’)forms.

3) Once the audit is complete the time admittedly available from 29th July, 2015 / 7th August, 2015 to 30th September, 2015 cannot be said to be so small.

4) The Government vide Press Release dated 9th September, 2015 have already clarified that the date of 30th September, 2015 will not be extended and have advised the taxpayers to file the returns accordingly. The time available, after 7th August, 2015 and till 30th September, 2015 is not found to be illogical or unreasonable to enable the assessees to file the ITR.

5) The counsel for CBDT is unable to give the reasons for the forms are not available at the beginning of the assessment year on 1st April of every year and the same thereby causing inconvenience to the practitioners of the subject.

6) There is sufficient time available to the Government, after the Finance Act of the financial year, to finalise the forms and if no change is intended therein, to notify of the same immediately.

7) From the next assessment year Government should at least ensure that the forms which are to be prescribed for their Audit Report and for filing the ITR are available as on 1st April of the assessment year unless there is a valid reason therefore and which should be recorded in writing by the respondents themselves, without waiting for any representations to be made.

-CA Kasliwal Ambar

Chartered Accountant: Latest Updates You Need To Know - 17th September 2015

1. President ICAI suggested Finance Minister to extend due date of filing of ITR & Tax Audit Report be extended from 30.9.2015 to atleast 31.10.2015 for genuine hardship to the assesses and members of the profession.

2. Individuals can now apply for PAN online with digital signature w.e.f 6.9.2015.

3. Salary and Interest to partner to be allowed as deduction while estimating the profits of the firm where books of accounts are rejected- Inter Continental Constructions (High Court of Andhra Pradesh and Telangana).

4. If the notice u/s 148 of I T Act was not served on the assessee in accordance with law, the re-assessment made is liable to be quashed.[ CIT vs. Chetan Gupta, High Court of Delhi]

5. Now a private company can accept unsecured loans also from a relative of director, with a declaration that such loan is not from borrowings. Notification dated 15.09.2015.

6. Union Cabinet has approved to promulgate the Negotiable Instruments (Amendment) Ordinance 2015 which redefined the jurisdiction clause in the Negotiable Instrument Act.

7. DGFT has notified modification in E-IEC’s as well as the IEC’s issued in physical format from 21st of September, 2015. www.dgft.nic.in.

- CA Kasliwal Ambar