ICAI ELECTION - unwanted SMS, Emails & Calls

Like you and Mr.Ramesh Agarwal, I as well as many of our members are equally suffering.  40/50 SMS and numerous mails that too multiple mails from the same candidate are such a pain that I sincerely wish the election is over. I do not mean any disrespect to any of our fellow members. I understand their anxity.

 

The institute can send mails giving contributions by candidates at one go and request all candidates not to canvass. All candidates hold respectable position in the society and it would be better if canvassing is not resorted to in future elections.

 

Best wishes

CA. P.Chatterjee

I fully agree with Mr Agrawal's view. One lady vandana is also disturbibg like hell on SMS as well as E mail. I wonder how come she has got all the details like mobile numbers, e mail id etc.

 

Our Institute should barred all these menance at once or may be such kind of approach should be barred from election's fair practice code.

 

CA Paresh Desai

 

Dear fellow members,
 
In continuation to the same I would like to add that some of the electoral candidates have send their article students at the residence/offices of the members. And each article has to at least cover 100 members  in a day.
Thanks & Best Regards
CA Kanan Gala

Dear All,

 

I have been having this menace as our friend has pointed out and I guess all of us have got into this mess.

 

I understand that we could ask the Institute not to share the e-mail and mobile numbers. Could one of you check? If it is not there then we need to write to the Institute and ask them to put up a code of ethics and also adopt a privacy policy.

 

In my personal case - I have been lucky for the past 10 days as I am out of India and switched off the mobile and I know that when I get back on Saturday morning I will be greeted with a huge number os SMS.

 

Unfortunately, the Institute elections have become worse than political elections. If you have friends contesting elections please forward this and any other mail on this topic and ask them to think.

 

CA Sriganesh  

Dear Shri All,

 

Thanks for the e-mail.

I fully subscribed to the feeling of my fellow members Chartered Accountants.

 

It is really so much of the botheration that some time we feel not to open the PC, the laptop, the incoming calls and even the SMS.

 

I really failed to understand as to what this election is? Are we really comparable to the most polluted politicians???

 

It's really the time to introspect and do something about the nuisance that we have been facing all through out from last more than a month.

 

With regards,

One totally frustrated and totally disturbed Chartered Accountant.  

Dear Members

 

It has made my family's life miserable. Even When you are in bed room, sms beep buzz. This beep is like a horrible sound. Every one in my family has fear of it. Before becoming CA, I never thought that this nobel profession will make my life miserable for few days. Let us, honour the dignity of profession and make lives happy.

Pawan Jain

 

Dear sirs,
Yes, I agree with all of you! It has become like a political battle and this does not go well with the esteemed profession like CAs in India. Also it sends a wrong signal to outside world of CAs that Indian CAs are no way less than their political leaders displaying not so good qualities of keeping the profession away from the politics. I am sure once elected, our elected members will conveniently forget their fellow colleagues following the foot steps of our elected MPs or MLAs.
So, our institute should bring out a Dos and Don'ts for the next election keeping the ethical and moral standards of our profession in high order.
Hope wisdom prevails with the central council for the future.
M.Ganeshan

Dear All

My name is Ameet Israni and my membership number is 13252 (1972 registration).

I am appalled at the manner in which this election is taking place and the mode of canvassing.

1) I have received the official list of candidates from the ICAI New Delhi only three days back and the election is on 4th Dec. The list was dispatched by ordinary post on 15th November 2009.

2) There are some candidates on the list for Central Council who may not deserve to be in the list. Has any background check been done?

3) The reputation of our profession has taken a severe blow due to unpleasant happenings in the past.

4) We have to device a system that if any member of the institute wishes to blackball any candidate, it should be allowed after an investigation.

I look for suggestions.

Kind Regards

Ameet Israni

It is me sincere appeal to all members, either young ones or like us to boycott the elections.

Let us go to H.C, Appeal for the dissolve of constitution wherein the elected members of the professionals are the members of any type of body except framing Accounting Standards.

 

Let the Institute should be controller by some other institute or by elected group of Learned Retired Advocates of H.C. to keep our profession intact, otherwise one day will come where no one will believe this profession.

 

All members are spending recklessly to mint money with interest once they elected.

 

One day we all have to stop this nonsense. It is possible only if we all unite at this crucial juncture to save the image of profession.

 

CA Laxmi Mittal

With all due respect and acknowledgement of sentiments and views expressed by some of the fellow members, I would like to add that the election of the council is a part of the overall process of democracy being practiced in our country and in my view, democracy itself is a process of evolution where we try to arrive at a fine balance between FREEDOM and CONTROLS. Electoral Canvassing is also an integral part of democratic process where some times we experience excesses on the side of FREEDOM. However, rather than trying to overcome such excesses through systemic CONTROLS, it would be in the interest of democracy to try and achieve it through the process of creating awareness about the importance and value of Individual privacy. This can be best achieved by initiating debate and discussion as done herein by the fellow members. I am sure that in times to come, the learned fraternity like ours shall give due consideration to the value of Individual privacy while going through this process of canvassing for the future elections.

 

Thanks.

 

Kishor Kansagra

Dear Srinivas/Ramesh,
 
While I do agree on this however I think its legitimate and fair to hear from Election Candidates over the phone and SMS and request for preferntial votes. This is all part of the election process and should be taken in a very right spirit.

Warm Regards,
 
Mahesh C Soni

Dear Sir
At least mr. Agarwal is getting SMS address to him, in my case SMS addressed to some mr. Deshpande is being delivered to me since last six months and despite several attempts to get it straightened out, no solution! Further it is very shallow and unbecoming when some one whom i do not know or even have a faintest acquaintance, sends me a mass sms for navratri, diwali, new year etc! Time our members reflected on this and use the money spent on these to better causes like sponsoring some deserving students for education!

Natarajan T.G.

To stop this menace, you could do the following :
 
Call your mobile service provider or visit their website and register for DNC ( though not very effective but still)
 
If you use outlook for emails then you can block / delete all messages containing word " election " by going to the rules option wherein you can create your own rules.
 
Similarly you can block emails by going to Option - "safe & Blocked sender" -in hotmail /gmail etc., and block a particular email ID. After the election you can unblock whichever you want. 
 
It is a pity that we all have to do this by wasting our precious professional time but there is no other option at this point of time.
 
My proposal to the ICAI :
Let's all write a letter to the ICAI and request them to order immediate stoppage of all types of canvassing for the election and if anyone does not follow the order, his name should be removed from the electoral list and debarred from the ICAI list for atleast six months. 
 

CA.Bharat Desai

Dear All,

 

Can we do something?..... i guess no... except exchanging mails and in the worst case not to vote.

Election fever from politics has been passed on to our esteemed institute....

 

Regards,

CA Himesh Lakhani

The best thing seems to be that you update your profile in the institute in which you do not provide any telephone or email id as the members' directory is the main source of this type of harassment. 

Any body at institute listning?

Regards

CA Deepak Purswani

I fully support & request our professional brothers & sisters to act responsibly.
vimal singhania

 

 

 

 

Johnny and Service Tax Refund Part - V

By:

-CA. Pradeep Jain

Siddharth Rutiya

 

Visit us at: www.capradeepjain.com

In continuation of previous articles, structuring complicatedness involved in getting the refund claim under GTA service, Port services, Technical testing and analysis services and Specialized cleaning services, we in this article are unveiling the problems existing in the Service tax refund mechanism under Insurance Services (Section 65[105][d]). This is the fifth article in the series wherein the complete scenario is being elaborated with the means of humorous poems and conversation between Johnny (an assessee) and his father but the main motive is to bring out the problems faced by exporters.

Johnny and Jill went up the hill, to get the refund order
Johnny came back with a lack
And Jill came hopeless after.

The assesses claiming refund orders under Insurance services are experiencing enormous complexities in getting their refund orders passed on vague and futile justifications that not only are annoying and irritating the assessees but also deprives away the faith of assessees on the refund mechanism designed by the Government. Such reasons on which the department is refusing the refund claims on the said services are being written out hereunder as follows: -

 

Johnny-Johnny!  Yes papa!

Got the refund?

No Papa,

Telling lies?

No Papa,

What's the reason?

This papa: -

 

Johnny says:  I went to the department to get the refund for Insurance service availed by me in relation to export of goods, but department said: -

Johnny-Johnny go away,
Come again another day.
Your refund order has following Flay: -

The details of taxable value and service tax payable thereon are not mentioned. The documents issued by the insurer (including re-insurer) for payment of insurance premium does not specify the value of taxable service and the amount of service tax liability in the Insurance premium cover note. Further the refund claim was not accompanied along with the declaration document as regards the same. This is one of the pre conditions for availing the benefit of refund claim.

Johnny's View: 

The details as regards the documents evidencing value of taxable service and service tax thereon are simply a formal requirement. However, the declaration and proposal document as required by you contains the details of the taxable value and the service tax levied thereon which evidences the payment of service tax on insurance services, and the same is enclosed along with the refund claim. Further, as this service is related to the export of goods the refund should be granted.

Johnny says:  I went to the department next day again with the corrections and further supporting but department said: -

Johnny-Johnny go away,
Come again another day.
Your refund order has following more flay: -

The Insurance policy cover note issued by the insurer (including re-insurer) for payment of insurance premium is not a valid document for refund claim and it does not specifically relates to export of goods. Even the documents are not in the name of exporter i.e. the assessee. Hence, this construe that the insurance services were not availed by the exporter in respect of goods exported and therefore the refund is rejected.

Johnny's View:

The insurance services availed from the insurer are specifically related to the goods which can be evidenced by the Marine declaration issued by the insurer. Although the insurance cover note doesn't specify the details of goods but the said declaration contains the details of vessel and the description of goods alongwith the amount insured. The same is enclosed along with the refund claim application. Hence the allegation that it doesn't relates to export of goods is futile.

The allegation on the remaining controversy as regards the name of exporter on the documents issued by the insurer is vague in its entirety. The cover note of the insurance premium policy specifically mentions the name of exporter. Thus, the complete scenario clearly picturizes that the service of insurance availed by us was directly related to the exports made by us and there is nothing which leads to distrust of this fact. Further, the payment details enclosed along with the refund claim supports this allegation further.

Johnny says:  I went to the department next day again with the further corrections but department rejected saying: -

Johnny-Johnny go away,

You won't get refund anyway.
It has following more flay: -

 

The insurance policy taken by assessee is an open Marine Cargo Policy and it doesn't specifically relate to the goods exported. Further the amount of service tax charged in the invoice is related to the complete policy premium and it can't be linked to the export goods sent separately.

Further, the invoices issued by the Insurance agency do not fulfill all the requirements specified under Rule 4A like category of service, Description of service, valid Invoice Number, Service tax rate, Service tax registration number and other alike things. In continuation it is alleged that your argument that these are rectifiable defects and you have amended the same is not acceptable. As the document should be proper and valid document.

Johnny's view: -

The view taken by the department is incorrect. The insurance policy taken is an open Marine insurance policy wherein we deduct the value of the consignment sent on export from the balance amount of sum insured and the remaining balance is carried forward for rest of the consignments to be dispatched in future. Hence, we are claiming the proportionate amount of service tax refund calculated on the amount of value of consignment and total policy amount. Thus, there is no difficulty in deriving at the service tax amount and department should allow the refund claim on same.

At the last, the view taken by the Department is stringent in applying the legal language as provided under Rule 4A, whereas the department should adopt a liberal view in this regard, more to in the case of Rule 4A of Service tax rules requirements. Non compliance of the requirements specified under Rule 4A, does not lead to a severe impact and there should be a practice on the part of departmental authorities to avoid allegations if the Rule 4A is not complied in its entirety. Henceforth, the allegation of the department is futile for disallowance of refund claim.

Fruitless again & again;

Johnny now in grief and pain!

Refund order now a dream;

His efforts have downstream!

 

Via this article the sole endeavor is to picturize the problems faced by assesses in getting the refund order as against the Insurance services. With this entertaining and rhythmical article we summarize that the present situation and mental state of assesses alleging refunds against export of goods is alike to the situation of Johnny as pointed out in the poem.

There are a number of services on which the refund is allowed. The assessee is facing difficulty in almost all of those services. Due to the large number of services we were not able to cover all the services in this article and hence we will be bringing further articles on the different services covered therein. Keep visiting for the next article……..

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TPAs' Liable for TDS-CBDT CIRCULAR

Circular No.8 of CBDT

CBDT has issued the Circular No. 8 regarding applicability of provisions under Section 194J of Income Tax Act'61 on payments made by Third Party Administrators (TPAs) to hospitals on behalf of insurance companies for settling medical/insurance claims etc with the hospitals. Circular

--
CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

Johnny and Service Tax Refund Part - IV

Johnny and Service Tax Refund Part - IV

                                                                                      

                                                                                          By:                          

CA. Pradeep Jain

Siddharth Rutiya

 

Visit us at: www.capradeepjain.com

To prolong the series of the articles on Refund claims to exporters we here under this article are expressing the miserable situation of exporters claiming refund claims for service tax paid on services used in export of goods. This is the fourth article in a row of this series of articles. In the previous three articles we had elaborated the difficulties faced by the assessees in getting the refund claim under GTA service, Port services and Technical testing and analysis services.

In this fourth article we are attempting to present the grounds on which departmental authorities are disallowing the refund claims as related to Specialized cleaning services (namely disinfecting, exterminating, sterilizing or fumigating of containers) availed by the exporters (Section 65[105][zzzd]). This complete state of affairs is humorously picturisead by the way of poems and conversation between Johnny (an assessee) and his father. This Endeavour is just to bring out the problems faced by exporters.

Johnny and Jill went up the hill, to get the refund order
Johnny came back with a lack
And Jill came hopeless after.

The assesses claiming refund orders under Specialized cleaning services are facing vast difficulties in getting their refund orders passed on pointless and unimportant justifications that not only are harassing the assessees but also deprives away the faith of assessees on the refund mechanism. These enormous reasons on which the department is refusing the refund claims on the said services are being projected hereunder as follows: -

 

Johnny-Johnny!  Yes papa!

Got the refund?

No Papa,

Telling lies?

No Papa,

What's the reason?

This papa: -

 

Johnny says:  I went to the department to get the refund for Courier service but department said: -

Johnny-Johnny go away,
Come again another day.
Your refund order has following Flay: -

The refund claim was not accompanied along with the written agreement as regards the said service. This is one of the pre conditions for availing the benefit of refund claim.

Johnny's View: 

The requirement of written agreement is simply a formal requirement that can be avoided as it is a fact that if there are any statutory requirements of the Foreign law for specialized cleaning of containers, then we the assessees are unable to evidence the same to your good honour and hence there can't be any written agreement in such respect. But as this service is related to the export of goods the refund should be granted.

Further, it is a set philosophy that no exporter will carry out the Specialized Cleaning service until and unless there is a requirement of same from the foreign buyers. This further clarifies the situation and makes it clear that the said requirement of submitting the written agreements is just a presupposed condition which can be avoided. But the department does not agree. Even it was argued that this requirement has been dispensed with new set of Rules effective from 06.07.2009. This has been down on our representations. This shows the intention of the Government. It is laid down principle that the beneficial notifications should have retrospective effect. But the department does not agree and says that it is clearly written in the notification that it is applicable from the date of notification and as such the requirement is relaxed from 06.07.2009 only.

Johnny says:  I went to the department next day again with the corrections but department said: -

Johnny-Johnny go away,
Come again another day.
Your refund order has following more flay: -

There is no evidence from the enclosures of the refund claim and other documents that the refund of Specialized cleaning service as claimed by you is accredited by a competent statutory authority.  This is a specific requirement in the notification. As you have not enclosed the certificate and it seems that the Specialized cleaning services as availed by you is from an agency not accredited by the competent statutory authority to provide such specialized cleaning. Even the relaxation from this condition is also applicable from 06.07.2009. Now, the agency is having its office in other city and as such it will take time to get certificate does not hold good in the era of fast communication. Moreover, your argument that fumigation done by this agency is acceptable to foreign countries does not hold good when there is specific requirement in the notification then you should produce the certificate.

The refund claims are allowed in respect of such service only when these are provided by a person who is validly accredited by the competent statutory authority and the said services are used in export of goods. This must be further evidenced by a valid certificate which must be enclosed along with the refund claim.

Johnny says:  I went to the department next day again with the further corrections but department rejected saying: -

Johnny-Johnny go away,

You won't get refund anyway.
It has following more flay: -

 

The invoices issued by the Specialized cleaning agency do not fulfill all the requirements specified under Rule 4A like category of service, Description of service, valid Invoice Number, Service tax rate, Service tax registration number and other alike things. The debit note issued by agency without service tax registration and category of service are not valid duty paying document and as such the refund is not admissible. Further, your argument that these are rectifiable defects and you have amended the same is not acceptable. As the document should be proper and valid document.

Johnny's view: -

The view taken by the Department is stringent in applying the legal language as provided under Rule 4A, whereas the department should adopt a liberal view in this regard, more to in the case of Rule 4A of Service tax rules requirements. Non compliance of the requirements specified under Rule 4A, does not lead to a severe impact and there should be a practice on the part of departmental authorities to avoid allegations if the Rule 4A is not complied in its entirety. Henceforth, the allegation of the department is futile for disallowance of refund claim.

Fruitless again & again;

Johnny now in grief and pain!

Refund order now a dream;

His efforts have downstream!

 

By the virtue of this scenario picturiazed above the exclusive attempt is to bring into lime light the problems faced by assesses in getting the refund order as against the cleaning services. To represent the whole situation and to make it somewhat rhythmatic we have graced the article with humorous poems and conversation between Johnny and his father.

There are a number of services on which the refund is allowed. The assessee is facing difficulty in almost all of those services. Due to the large number of services we were not able to cover all the services in this article and hence we will be bringing further articles on the different services covered therein. Keep visiting for the next article……..

Good transactions under Goods and Services Tax

 

 

Prepared By: - CA Pradeep Jain,

Sukhvinder Kaur, LLB (FYIC)

Siddharth Rutiya

Visit us : www.capradeepjain.com

 

Introduction: -

 

The indirect tax regime in India is evolving into GST in the year 2010. The steps towards introduction of GST have commenced. The Empowered Committee of State Finance Ministers has introduced the First Discussion Paper on GST in India on November 10, 2009. A dual structure of Central GST (CGST) and State GST (SGST) is proposed to be imposed on the manufacture of goods and on provision of services. A continuous chain of set-off from the original producer's point and service provider's point upto the retailer's level would be established which would eliminate the burden of all cascading effects.

 

For sale or services transactions between two states (inter-state), the Government has proposed to impose Inter State GST (IGST) which will include both CGST and SGST. Between the Inter-state transactions and Intra-state transactions which will be more beneficial to the assessee is the topic of discussion of this Article.

 

Transactions with in a state: -

 

The manufacture and sale of goods as well as provision of services if carried within a state, then CGST and SGST will be leviable on such activities. As per the proposed plan, the assessee will be required to pay element of both CGST and SGST separately. Assessee is required to deposit both CGST and SGST in separate revenue accounts. The Input Tax Credit (ITC) is also allowed to be taken separately for CGST and SGST. The assessee is required to file the returns separately.

 

The credit of CGST taken by the assessee will have to be utilised to pay CGST only and credit of SGST taken is to be utilised to pay SGST only. Cross adjustment of tax credit between CGST and SGST will not be allowed.   

 

Intra-State Transactions: -

 

For the inter-state transactions of goods and services, the Empowered Committee has adopted the IGST model. The scope of IGST model, as discussed in First Discussion Paper, is that the IGST will be levied by the Centre and it would be CGST plus SGST on all inter-state transactions of taxable goods and services.

 

It is proposed that the inter-state seller will pay IGST on value addition after adjusting available credit of IGST, CGST and SGST on his purchases. The Exporting state will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST.

 

The major advantages of IGST Model as per discussion paper are as under: -

 

-          Maintenance of uninterrupted ITC chain on inter-State transactions.

-          No upfront payment of tax or substantial blockage of funds for the inter-state seller or buyer.

-          No refund claim in exporting State, as ITC is used up while paying the tax.

-          Self monitoring model.

-          Level of computerization is limited to inter-State dealers and Central and State Governments should be able to computerize their processes expeditiously.

-           As all inter-State dealers will be e-registers and correspondence with them will be by e-mail, the compliance level will improve substantially.

-          Model can take `Business to Business' as well as `Business to Consumer' transactions into account.

 

Thus, in case of inter-state transactions, the credit can be adjusted in both CGST and SGST. The credit of IGST can be used to for payment of either CGST or SGST.

 

In case Exemption is granted from CGST: -

 

It is also proposed in the said discussion paper that the exemption from CGST will be separate as that from the SGST. The exemption limit proposed in CGST is Rs. 150 Lakhs which is at par with exemption limit for small scale manufacturers under the Central Excise Act, 1944. But the exemption from SGST is kept at par with the current VAT exemption limit. Similarly, the discussion paper says that the service provider exemption from CGST should be kept high as currently they are enjoying exemption of Rs. 10 Lakhs. But there is no hint given for exemption limit for service providers from SGST.

 

Even the discussion paper brings out a peculiar situation wherein the State Authorities will be empowered under their respective state GST statutes to exempt various goods that are of peculiar nature looking to the specificity existing in that state. If such a power is being granted to the states then the situation will be that certain goods will be exempted by SGST in that state, however, CGST will be levied on those products.

 

Thus, it is clear that there will be separate exemption for CGST and SGST. Further, if the CGST is exempt then the assessee will not be allowed to take the credit of CGST. Similarly, if the SGST is exempt then credit of the same will not be allowed.

 

Now, suppose an assessee is granted exemption from CGST but SGST is applicable, then the credit of CGST will not be available to him but he will be able to take the credit of SGST. From this aspect if we consider transactions from one state to another then IGST will be paid as it will be available as credit since SGST is payable on his final product or output services. Then he will be able to take the credit of IGST which is sum total of CGST and SGST. He will be more benefited as the CGST is not payable but he will be able to take the credit of CGST in garb of IGST. He will adjust the same in payment of SGST.  

 

If this happens then it will lead to situation where an assessee is exempted either from CGST or SGST and the other is payable, then in such situation he will like to procure goods or services from outside state rather than inside the state. This will reverse the position as existing now in the VAT. In current regime, if one purchase from outside state then he has to pay CST and the credit of same is not available. But if an assessee purchases goods inside the state then VAT is payable and credit of the same is available. As such, everyone intends to purchase the goods from inside the state.

 

Although it is very premature to say as only discussion paper is published for the GST but we have prepared the article on our understanding of the said paper. Looking to the recommendations as depicted in the discussion paper the situation as picturized by us in this article seems to be more factual but nothing can be expressed with utmost certainty as the law and GST code is yet to be released by the Government.

 

Before Parting: -

 

Thus, from the above discussion, the inter-state transactions appear to be more beneficial to the assessee who is providing output service or is manufacturing final product. This is because the assessee will not be paying the tax in cash and will be able to utilize the credit of IGST to do so. The views expressed by us in this article are the views as understood by us while analyzing the recommendations of Empowered Committee of State Finance Ministers and in no way signifies the views of the Government. The scenario as analyzed by us above will be clear only after the Government releases a GST code or further clarification on this matter. From Government's side also, the utmost care has to be taken of this point while drafting the rules and regulations for GST.

Sad Demise of CA Rahul Roy, Past President, ICAI

ICAI MOURNS THE SAD AND SUDDEN DEMISE OF ITS PAST PRESIDENT, CA. RAHUL ROY (19-11-2009)

ICAI MOURNS THE SAD AND SUDDEN DEMISE OF ITS PAST PRESIDENT, CA. RAHUL ROY   CA. Rahul Roy, past President of the ICAI passed away last night. CA. Roy was born on 4th October, 1963 and became the youngest President of the ICAI in the year 1998-99 at the age of 34.  He was elected to the Central Council for the first time for the term 1995-98 and was elected as the Vice President in the first term itself.  He served the Council for two terms from 1995 to 2001.  Prior to that, he was elected to the Eastern India Regional Council for the term 1992-95.  During his tenure in the EIRC which he served for one term, he served as its Secretary, Vice Chairman and Chairman. CA. Roy represented India in the IFAC's Ethics Committee of IFAC and in the Steering Group on Formulations for Extractive Industries of the International Accounting Standards Committee. CA. Roy is survived by his wife, Mrs. Soma Roy and a 14 year old daughter, Rohini. The cremation will take place at 2.00 PM tomorrow i.e. 20th November, 2009 at Kolkata.  Prior to that, at 12.00 noon tomorrow, his body will be kept at EIRC premises for members, students and others to pay their last respects.

--
CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
http://pdicai.org/MyPage/203038.aspx

CBDT on DTC

CBDT feels tax code needs major rework

Corporate India is not the sole critic of the Direct Taxes Code. The code, precursor to a brand new income tax law, has found opposition from within government, too. An internal committee of the Central Board of Direct Taxes, the principal policy-maker in the domain, has called for a thorough review of the code, including a revision of the income tax slabs and the definition of 'income from salaries'.

The committee has mooted a review of the proposed income tax rates, fearing significant revenue losses. It has also proposed a narrowing of the tax slabs. The concern is that the proposal to tax annual income between Rs 1.6 lakh and Rs 10 lakh at the lowest rate of 10% could affect revenue streams even if all perks are added in the definition of salary income.

As for corporate tax, the panel has suggested retaining the current 30% tax, instead of at the proposed 25%.

The code has proposed a radical shift in the tax rates on the rationale that lower rates lead to better compliance. Accordingly, it has suggested taxing annual income between Rs 1.6 lakh and Rs 10 lakh at a rate of 10%, annual income between Rs 10 lakh and Rs 25 lakh at 20% and income above Rs 25 lakh at 30%.

Coming out in aid of salaried employees, the panel has also called for re-examining the definition of salary income. It has suggested that allowances given

 

to an employee for the discharge of his official duties should be excluded, to avoid the hassles of record keeping for employees and tax officials. Further, reimbursement for medical expenses and employer's contributions to provident fund should not be clubbed with salary income.

In contrast, the code has mooted that all perquisites should be included in salary income and proposed to do away with exemptions such as house rent allowance, leave travel concession, leave encashment and medical reimbursement.

Significantly, the committee has said retirement savings should not be brought under the exempt-exempt-tax (EET) regime as it will be 'unnecessarily harsh' on tax payers.

It has also called for reviewing proposals on international taxation, especially those relating to general anti-avoidance rules (GAAR). At present, the code proposes that under GAAR, the revenue department can make a presumption that an arrangement is entered into by two entities for tax benefit (tax avoidance) alone, unless it is rebutted by the taxpayer. It has suggested that specific provisions should say when such a presumption would be made.

The code, which seeks to replace the Income Tax Act, 1961, was earlier criticised by the National Academy of Direct Taxes–the training and education body for direct taxes—which had even questioned the basis of the draft legislation. It had said instead of a complete overhaul , the IT Act can be simplified by adding new circulars & notifications and recent judgments. It had also said the code was prepared without consulting field formations, trade and industry.

 

 

 

 

 

 

 

 

 

 

Source : Financial Express

--
CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
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Magunta Layout,
Nellore-524 003
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India
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IndianCAs: Sleep and Heart Attacks(What killed Ranjan Das and Lessons for Corporate India)

 

What killed Ranjan Das and Lessons for Corporate India

 

A month ago, many of us heard about the sad demise of Ranjan Das from Bandra, Mumbai. Ranjan, just 42 years of age, was the CEO of SAP-Indian Subcontinent, the youngest CEO of an MNC in India. He was very active in sports, was a fitness freak and a marathon runner. It was common to see him run on Bandra's Carter Road. Just after Diwali, on 21st Oct, he returned home from his gym after a workout, collapsed with a massive heart attack and died. He is survived by his wife and two very young kids.

                                                        

It was certainly a wake-up call for corporate India. However, it was even more disastrous for runners amongst us. Since Ranjan was an avid marathoner (in Feb 09, he ran Chennai Marathon at the same time some of us were running Pondicherry Marathon 180 km away), the question came as to why an exceptionally active, athletic person succumb to heart attack at 42 years of age.

 

Was it the stress?

A couple of you called me asking about the reasons. While Ranjan had mentioned that he faced a lot of stress, that is a common element in most of our lives. We used to think that by being fit, one can conquer the bad effects of stress. So I doubted if the cause was stress.

 

The Real Reason

However, everyone missed out a small line in the reports that Ranjan used to make do with 4-5 hours of sleep. This is an earlier interview of Ranjan on NDTV in the program 'Boss' Day Out':

http://connect.in.com/ranjan-das/play-video-boss-day-out-ranjan-das-of-sap-india-229111-807ecfcf1ad966036c289b3ba6c376f2530d7484.html

Here he himself admits that he would love to get more sleep (and that he was not proud of his ability to manage without sleep, contrary to what others extolled).

 

The Evidence

Last week, I was working with a well-known cardiologist on the subject of 'Heart Disease caused by Lack of Sleep'. While I cannot share the video nor the slides because of confidentiality reasons, I have distilled the key points below in the hope it will save some of our lives.

 

Some Excerpts:

 

·        Short sleep duration (<5 or 5-6 hours) increased risk for high BP by 350% to 500% compared to those who slept longer than 6 hours per night. Paper published in 2009.

As you know, high BP kills.

 

·        Young people (25-49 years of age) are twice as likely to get high BP if they sleep less. Paper published in 2006.

 

·        Individuals who slept less than 5 hours a night had a 3-fold increased risk of heart attacks. Paper published in 1999.

 

·        Complete and partial lack of sleep increased the blood concentrations of High sensitivity C-Reactive Protein (hs-cRP), the strongest predictor of heart attacks. Even after getting adequate sleep later, the levels stayed high!!

 

·        Just one night of sleep loss increases very toxic substances in body such as Interleukin-6 (IL-6), Tumour Necrosis Factor-Alpha (TNF-alpha) and C-reactive protein (cRP). They increase risks of many medical conditions, including cancer, arthritis andheart disease. Paper published in 2004.

 

·        Sleeping for <=5 hours per night leads to 39% increase in heart disease. Sleeping for <=6 hours per night leads to 18% increase in heart disease. Paper published in 2006.

 

Ideal Sleep

For lack of space, I cannot explain here the ideal sleep architecture. But in brief, sleep is composed of two stages: REM (Rapid Eye Movement) and non-REM. The former helps in mental consolidation while the latter helps in physical repair and rebuilding. During the night, you alternate between REM and non-REM stages 4-5 times.

 

The earlier part of sleep is mostly non-REM. During that period, your pituitary gland releases growth hormones that repair your body. The latter part of sleep is more and more REM type.

 

For you to be mentally alert during the day, the latter part of sleep is more important. No wonder when you wake up with an alarm clock after 5-6 hours of sleep, you are mentally irritable throughout the day (lack of REM sleep). And if you have slept for less than 5 hours, your body is in a complete physical mess (lack of non-REM sleep), you are tired throughout the day, moving like a zombie and your immunity is way down (I've been there, done that L)

 

Finally, as long-distance runners, you need an hour of extra sleep to repair the running related damage.

 

If you want to know if you are getting adequate sleep, take Epworth Sleepiness Test below.

 

 

Error! Filename not specified.

Interpretation: Score of 0-9 is considered normal while 10 and above abnormal. Many a times, I have clocked 21 out the maximum possible 24, the only saving grace being the last situation, since I don't like to drive (maybe, I should ask my driver to answer that lineJ)
In conclusion:

Barring stress control, Ranjan Das did everything right: eating proper food, exercising (marathoning!), maintaining proper weight. But he missed getting proper and adequate sleep, minimum 7 hours. In my opinion, that killed him.

If you are not getting enough sleep (7 hours), you are playing with fire, even if you have low stress.

I always took pride in my ability to work 50 hours at a stretch whenever the situation warranted. But I was so spooked after seeing the scientific evidence last week that since Saturday night, I ensure I do not even set the alarm clock under 7 hours. Now, that is a nice excuse to get some more sleep. J

 

Unfortunately, Ranjan Das is not alone when it comes to missing sleep. Many of us are doing exactly the same, perhaps out of ignorance. Please forward this mail to as many of your colleagues as possible, especially those who might be short-changing their sleep. If we can save even one young life because of this email, I would be the happiest person on earth.

 

| Ashwin Nagar | FCA and SAP-FICO\SEM-BCS |

Success is not permanent and failure is not final

Ph: India: +91-98330-15352  US: +1-323-325-4111

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Report of ITD on e-Return

Report on the Quality of Data and Matching of TDS / TCS Claims in your E-Return -

 

Dear Taxpayer,

Subject: Report on the Quality of Data and Matching of TDS / TCS Claims in your E-Return - Reg

1.       Income Tax Department congratulates you for filing your Income Tax return electronically. As a pro-active measure, a Data Quality and Matching Report for TDS and TCS claims in I-T Return is being sent as an attachment to this email.

2.       The objective of issuing the Data Quality and Matching Report for TDS and TCS claims in I-T Return is:

a.       To enable you to ascertain the extent of matching of your TDS / TCS claims in the Income Tax Return filed by you with the TDS / TCS reported by the tax Deductors /Collectors. In case the matching is 100%, you may be assured of accurate credit and quicker processing of the I-T Return.

b.       To enable you to take up the matter pertaining to any deficiencies or mismatches in the TDS / TCS reported with your Deductor / Collector so that the corrective action can be taken by them by filing an updated E-TDS return with NSDL with your correct PAN or TDS amount.

c.        To enable you to identify claims made by you using invalid TAN. In all cases where TAN is invalid the "Name of the Deductor" is mentioned as "INVALID TAN" and in all such cases no match is possible. The TAN in these cases would have to rectified by you by filing a revised Return of Income with correct TAN.

3.       The TDS / TCS credit information available are based on the valid PAN details submitted by the Deductors up to the date mentioned in the Data Quality and Matching Report for TDS and TCS claims in I-T Return. Please note that all TDS /TCS from the same Deductor / Collector is added and consolidated as a single entry, both on the claims side as well as on the data reported to Department side.

4.       To open the statement, please enter the PAN and date of birth in case of individualtax payers and the date of incorporation for non-individual tax payers as password in theformat of AAAAA1234ADDMMYYYY in lowercase. The date of birth / incorporation should be same as furnished to the Department and available in the Income Tax Department PAN master (as printed on the PAN card).

For example, if your PAN is AZZPZ2398K and date of birth / incorporation is January 21, 1985 then the password will be azzpz2398k21011985

5.       The Data Quality and Matching Report is in the attached ZIP file with your PAN as the file name. To open the file all you need is any Unzip software and MS Excel or Open Office Excel compatible software.

6.       Please note that this email does not convey any confirmation of acceptance or rejection of any TDS or TCS claim and neither does this indicate that processing has been completed or will be completed in any manner.The Report merely conveys a factual position of the extent of match between your claims and data reported to the Department as on the date specified.The details given herein may be altered upon receipt of updated E-TDS / TCS returns filed by Deductors / Collectors subsequent to the specified date.

7.       This is a special service for the benefit of taxpayers who have chosen to file their I-T returns electronically and is being sent to you at the email address mentioned by you in the Income Tax Return.

This is a system generated mail. Please do not reply back to this email ID.
For and on behalf of
The Income Tax Department
(This is a computer generated mail and calls for no signature)

--
CA. V.M.V.SUBBA RAO
Chartered Accountant
Door No.24-2-1885,
I Floor, Flat No.5,
Siddivinayaka Residency, I Cross,
Central Avenue, MSR Nagar,
Magunta Layout,
Nellore-524 003
Andhra Pradesh
India
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com
           vmvsr@yahoo.co.uk
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