Showing posts with label daily ca updates. Show all posts
Showing posts with label daily ca updates. Show all posts

Tuesday, 24 November 2015

My Vision for ICAI

I humbly put forward the following points which I strongly feel about to be my core agenda but most importantly I present myself to you as your voice and your representative in the council.

1. Work for providing proper infrastructure for fresh Chartered Accountants.

Presently, Fresh Chartered Accountants who wish to opt for practice have to incur monthly fixed expenses of 40-50K approx per month irrespective of the professional inflows. Institute has a lot of underutilized space within its premises. Why can’t these spaces be allocated to fresh members free of cost with all infrastructure like wi-fi, printer etc, where they can have client meetings. This will save the initial fixed cost of members.

2. Ensure reservation/ preference for CA’s with less than 5 years of experience.

The reservation can be for certification work, Society Audits, Stock/concurrent/expenses Audits of Banks, MCA Audits, and NREGA audits under quality supervision. Such reservation will promote members to come in practice and will also help members to plan their practice and specialization.

3. Introduction of concept of Industrial training

There has to be a change in CA Curriculum and should be made more practical. What is the use of doing audits under article ship for members who wish to go for service in the industry. Instead, the CA course should specifically give an option to the members during last year of article ship to opt for Industrial Training. This will help members to adapt to the corporate culture. The Institute has to play an active role in inviting the big corporate houses to shortlist/ select the articles. Once the Training period is over, the company can absorb the member.

4. Campus placement for both young and experienced Chartered Accountants.

At present, the institute arranges campus placement only for fresh Chartered Accountants. I seriously want to extend this placement program for experienced chartered accountants as well.


5. Work from the home concept for female chartered accountants, who wish to work but due to family commitments, post marriage, are compelled to give up their professional dreams.

6. Minimum recommended fees for professional services should be made mandatory and should not be recommendatory in nature.

7. CA Curriculum to be made more practical.

The CA course should be divided into two parts: Part 1 of 30 months only for members who wish to opt for service and Part 2 of additional 9 months for members who wish to go for practice. The COP should be issued only after the member completes Part 1 and passing the exam of an additional subject, which is to be taught in these nine months. The additional chapter should include Valuation, International Tax, Business Finance, System Audits, Forex/ Treasury management and SAP.


8. Reconnect the members in the industry with the Institute.

9. Online portal for the job vacancy and resume update.

10. Establish a separate dedicated desk for Career Counseling at each branch.

11. Result oriented chase for online Voting in ICAI Elections.

12. Establish Tax Clinic at the branch level to resolve queries from industry experts.

13. Ensure reduction in participation costs of various seminars to increase participation.

14. Recommend CPE hour credits for participation in the meetings, seminars, courses conducted by BCAS/ CTC/ other registered bodies beyond 20 hours.

15. Ensure steps for encouraging professional networking amongst the members.

I know it may be contested that some of the above agenda fall in the ambit of Central Council and not under Regional Council. But friends, you too will appreciate that there has to be someone in Regional Council who can push the Central Council members to work and bring the above changes. I promise you of my constant interaction during my tenure as your representative to take your suggestions/grievances and find reasonable solutions at WIRC level. While it is my earnest desire to meet and greet you in person, you will appreciate that owing to our vast constituency and the time constraint, it may not be feasible logistically. I would, therefore, sincerely request you to treat this communication as my personal appeal to you.

In the end, I hope that no member would waste his franchise and throw away his vote by voting for anyone solely on account of his religious, social or cultural affinity. When I have to choose between voting for the people or common special interests, I always stick with the special Interest. People forget common special interest remain. And with the above background, I request you to kindly support me in this endeavor by casting 1st Preference/Best Preference Vote in my favor.

Thank You!



Friday, 25 September 2015

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


Thursday, 17 September 2015

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

Thursday, 20 August 2015

PROFESSIONAL UPDATES & CA NEWS by CA Kasliwal Ambar- 20th August 2015

# IT: Interest u/s 234B - no direction had actually been given in the assessment order for payment of interest - Form I.T.N.S.150 contained a calculation of interest payable on the tax assessed - this Form must be treated as part of the assessment order in the wider sense - levy of interest confirmed (Supreme Court)

# ST: Franchise service - Nature of Receipt of course fees - Only because all the fees are provided in one Agreement does not necessarily lead to a conclusion that the different components of fees are only for the purpose of grant of franchise (CESTAT Mumbai)

# IT: Finance ministry mulls 1% Income Tax rebate for credit/debit card payments.

# IT: CBDT amends IT Rules to notify that computation of Period of Stay in India of an Indian Citizen being Member of Crew of a Ship shall be as per Voyage Discharge Certificate (VDC).

# IT: CBDT to clarify on the period for which foreign bank account details disclosures required under black money law through second set of FAQs on the black money.

# GST: Government pushing ahead with GST; Two verticals created for implementation.

# Vacancies: HDFC bank needs Credit Manager in Punjab, Haryana & Rajasthan. Contact: Mr. Raghav Mahajan (+917307211397) / Email: raghav.mahajan1@hdfcbank.com

- CA Kasliwal Ambar

Services which can be rendered by the Auditors














As per Provisions of Section- 144 of companies Act, 2013, Statutory Auditor of a Company can not provide certain kind of Services to following Companies :

1. A Company2. It’s Holding Company, and
3. It’s Subsidiary Company

Services which a Statutory Auditor can’t provide directly or indirectly to above mentioned Companies:

(a) Accounting and book keeping services;
(b) Internal audit;
(c) Design and implementation of any financial information system;
(d) Actuarial services;
(e) Investment advisory services;
(f) Investment banking services;
(g) Rendering of outsourced financial services;
(h) **MANAGEMENT SERVICES; AND (Its Dangerous, Must be taken care)
(i) Any other kind of services as may be prescribed. Etc.

Meaning of MANAGEMENT SERVICES::

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

  • Preparation and filling of:
  1. Income Tax Return
  2. ROC Return
  3. Service Tax Return
  4. VAT Return
  5. TDS Return
  6. Excise Return
  7. Maintenance of Books and Accounts
  8. Preparation of Balance Sheet etc.
Above mentioned services can’t be rendered either directly or indirectly:

DIRECTLY OR INDIRECTLY:

A. In case of auditor being an individual:
  • either himself or
  • through his relative or
  • any other person connected or associated with such individual or through any other entity, whatsoever, in which such individual has significant influence or control, or
  • whose name or trade mark or brand is used by such individual;
**RELATIVE MEANS:

Relatives include:
1. Father and Mother
2. Brother and Sister
3. Son and Son’s Wife
4. Daughter and Daughter’s Husband

Relatives don’t include the following :
1. Brother’s Wife and Brother’s Children
2. Sister’s Husband and Sister’s Children
3. Wife’s Father, Mother, Brother and Sister
4. Grand Sons and Grand Son’s Wife
5. Daughter’s Children and Spouse of Daughter’s Children

B. In case of auditor being a firm,

  • either itself or
  • through any of its partners or
  • through its parent, subsidiary or associate entity or
  • through any other entity, whatsoever, in which the firm or any partner of the firm has significant influence or control, or
  • whose name or trade mark or brand is used by the firm or any of its partners



MOST IMPORTANT:

The Statutory auditor of the company can provide services except mentioned above “ONLY AFTER GETTING APPROVAL OF BORD OF DIRECOTRS OR AUDIT COMMITTEE”

Therefore, If Statutory Auditor want to provide services other than services not permissible u/s 144 then he need the Approval of Board of Director by passing of Resolution by board of Director in favor of auditor for providing such services.

AUDIT OF BRANCH OFFICE:

Where a company has branch office, the account of that office shall be audited by either by the statutory auditor of company or by any other person qualified for appointment as auditor of the company.

RESPONSIBILITY OF STATUTORY AUDITOR UNDER COMPANIES ACT, 2013:
A. Signing of Auditor Report: (As per Section – 145)
The person appointed as an auditor of the company shall
  • Sign the auditor‘s report; or
  • Sign other document; or
  • Certify any other document of the company
Note:

a) Where a firm including a limited liability partnership is appointed as an auditor of a company, only the partners who are chartered accountants shall be authorized to act and sign on behalf of the firm.

b) The qualifications, observations or comments on financial transactions or the matters, which have any adverse effect on the functioning of the company mentioned in the auditor‘s report shall be read before the company in general meeting and Open for inspection by any member of the company.

Attendance in General Meeting: (As per Section–146 of Companies Act, 2013)

This Section will be applicable on all the General Meeting including Annual General Meeting.
As per Language of Section:
  • All the Notice and other Communications relating to General Meeting shall be forwarded to the Auditor of the Company.
  • The Auditor will attend all the General Meeting of the Company.
Exempted Only
  • When auditor will send letter for exemption from attendance in General Meeting to Company and Company will grant leave to him for not attending the General Meeting.
  • If auditor is not exempted by the Board then Auditor himself or his authorized representative (who shall also be qualified to be an auditor) will attend the general meeting and will heard at such meeting on any part of the business which concerns him as auditor.
- CA Kasliwal Ambar

Tuesday, 18 August 2015

Daily CA Updates - Wednesday - August 19

IMPORTANTS NEWS 


1. Last date for filing Dvat return for Q1 again extended to August 25,2015

➡INCOME TAX


1. CBDT notifies rules to determine period of stay of crew members of foreign bound ships in India. notification no 70/2015 dt Aug 17
2. 60 taxmann.com 246 (Uttarakhand).The amount of interest received on the refund of Income Tax is not includible in the amount on which the assessee is liable taxed under Section 44BB of the Act. B J SERVICES COMPANY vs ACIT
3. 60 taxmann.com 55 (Bombay) Where motive of assessee is not generation of profit but to provide training to needy women in order to equip or train them and make them self-confident and self-reliant and occasional sales or trust's own fund generation was for furthering objects of trust, proviso to section 2(15) would not apply.

Dit vs women's India trust

➡ BANKING AND CORPORATES LAWS

1. Investment by Category I and II AIFs in shares of start-ups shall be deemed to be investment in unlisted shares.
2. Takeover code not applicable to startups that are listed without making a public issue.
3. Delisting norms not applicable to securities listed by start-ups without making a public issue

➡CST AND VAT LAWS

1. Govt. tweaks Rules relating to reduction of tax credit under Delhi VAT in case sale at discount or incentive through credit note is recd . Notification dt Aug 12 no 650.
2. Officer-in-charge has no power to seize goods-in-transit with valid documents.Reckitt Benckiser india ltd vs state of tripura.

➡ SERVICE TAX AND EXCISE LAWS.

1. Delhi High Court asks dept. to respond to challenge made against amended provisions of Service Tax Audit in section 94(2)(k)and rule 5A(2). Mega cabs p ltd vs union of india.
2. Cement/steel used in construction of storage facility is eligible for Cenvat credit. Grasim Industries Ltd Vs Comm Excise Jaipur

- CA Kasliwal Ambar