Beruflich Dokumente
Kultur Dokumente
4, April 2011
EDITORIAL
CORRUPTION THE BIGGEST
ENEMY OF NATION
The profession of Chartered the corrupts persons at all levels.
Accountants has committed to Prosecution Not Enough :
eradicate corruption from our
social, economic and commercial It is important to prosecute the corrupt individuals at
system. all levels and punish them very severely including
confiscation of assets of such person and their family.
The menace of corruption is
It will not be enough to eradicate corruption from
becoming larger and larger in our
CA Vinod Jain*
our political, economic and commercial system just
system and off late very serious
by prosecuting corrupt.
charges of corruption at highest level are being
examined by the investigating agencies. The size and National Movement Necessary:
nature of corruption has broken all previous records It is very important for the country to be led by a
and the greed of corrupt is surmounting day by day. National Movement against corruption so that corrupts
The babus, inspectors, junior engineers, SDO's, chief are seen with great disrespect by the society and the
engineers, administrator as well as officials at the current position of achieving esteem and stature, only
highest level of bureaucracy. The corruption has also with a barometer of wealth have to be replaced by
not spared Private Sector and professionals. The hatred and disapproval.
corruption is getting so deep rooted that eradication
System Change :
of corruption is possible by a national movement with
a complete commitment of the public at large, senior To eradicate corruption it will be very important to
politicians, bureaucrats and ofcourse most ensure that the human intervention in processing
importantly the social and religious activists. various government applications and approvals are
Lokpal Bill : replaced by automatic processes The personal
The recent agitation at Jantar Mantar followed by interaction of assessees with the tax department is
constitution of a Committee consisting of 5 Cabinet needed to be done away with and be replaced by
Ministers and 5 Representatives of a group has been email questioning, where the identity of the officers
mandated to complete the drafting of a New Lokpal raising questions is kept confidential and secret.
Bill by 30th June, 2011. It is important to involve The various officers of the government should be
Chartered Accountants to give final shape to this law. mandated to take decision on each matter in a time
This Bill will be subjected to critical analysis by all bound manner and without one to one personal
sections of Society and if implemented in an effective interaction. All the process of the government
manner will create a framework of prosecution of Contd....................... on page 3
* Mr. Vinod Jain, FCA, FCS, FICWA, LL.B., DISA (ICA), Chairman, INMACS Management Services Limited and Convenor, National Economic Forum (NEF). vinodjain@inmacs.com, vinodjainca@gmail.com, 9811040004
LATEST IN FINANCE
✓ The ceiling cap of 1% for voting rights will go
LATEST IN FINANCE and a Shareholders can take upto 10 % equity
1.0 RBI FORMS NBFC PANEL with voting rights.
The Reserve Bank of India (RBI) has formed a 15- The Bill also seeks to empower the Reserve Bank of
members committee under its former Deputy Governor India(RBI) to call for information and returns from
Mrs. UshaThorat to address issues and complexities the associate enterprises of banking companies and also
relating to Non Banking Finance Companies (NBFC) inspect them
and suggest changes in the legislative framework. 5.0 COINS OF 25 PAISE AND BELOW -
The working group will focus on the definition & WITHDRAWN FROM CIRCULATION
classification of finance companies and address The coins of 25 Paise and below shall cease to be legal
regulatory gaps and regulatory arbitrariness. tender after 29th June, 2011.
2.0 GOVERNMENT CAPS SERVICE TAX ON 6.0 CCI GETS POWER TO APPROVE BIG
FOREX TRANSACTIONS AT RS.5000 M&As
The Government has decided that service tax on foreign The Competition Commission of India (CCI) will now
exchange transaction above Rs.10 lakhs would be be able to vet and approve big mergers and acquisitions
capped at Rs5000. Service tax for foreign exchange in the country, with the government notifying the key
transactions will be calculated as under: provisions of the Competition Act.
GROSS AMOUNT OF RATE OF SERVICE TAX
CURRENCY EXCHANGED
The provisions, Sections 5 and 6, would grant the
competition watchdog the powers to scrutinize
Upto Rs.1 lakh 0.1% of gross amount or
Rs.25, whichever is lower. amalgamation proposals of companies with a threshold
Between Rs.1 Lakhs Rs.100, plus 0.5% of of Rs.1,500crore. The CCI would take a maximum of
and Rs.10 Lakhs gross amount. 180 days to vet mergers.
Above Rs.10 Lakhs Rs.550, Plus 0.01% of 7.0 PF DEPOSITS INTEREST
Gross amount or Rs.5000,
whichever is lower.
Over 4.7 crore employees will get 9.5 per cent interest
on provident fund deposits for the year 2010-11.
3.0 CHEQUE PAYMENTS TO GET COSTLIER
8.0 SEBI SECURITISED LISTING NORMS
Making payments through cheques will now be a costly
In a move expected to improve liquidity and deepen
affair, as Reserve Bank of India(RBI) has allowed banks
the securitized debt market, the Securities and Exchange
to levy higher service charges for their clearing,
Board of India (SEBI) introduced a 'Listing Agreement
especially of high-value and outstation cheques. As per
for Securitized Debt Instruments'. This is expected to
Reserve Bank of India(RBI) circular coming into effect
make these instruments more transparent and improve
from April 1, 2011, banks would be free to fix service
their secondary market liquidity.
charges on speed clearing of cheques of value above
Rs.1 lakh. At present, RBI does not allow banks to The decision was taken to enhance information available
charge more than Rs.150 per cheque for speed clearing in the public domain on performance of asset pools on
of cheques worth over Rs.1 lakh, while there are no which securitized debt instruments are issued.
charges for value up to Rs 1 lakh. It will help bring transparency in listing of securitized
4.0 VOTING RIGHT CAP FOR PRIVATE BANK debt instruments, as issuers would now need to disclose
SHAREHOLDERS TO GO information of three levels - the pool level, tranche
level and select loan information.
Major Proposals in the Banking laws (amendment) Bill,
2011 9.0 RBI ALLOWS INTEREST RATE FUTURES
IN 91-DAY T-BILLS
✓ Allows nationalized banks to issue bonus shares
and come up with rights issue to raise capital for It has been decided to introduce Interest Rate Futures
expansion of business. on 91-Day Treasury Bills issued by the Central
Government. At present, only 10-year government
✓ Bank mergers not to come under CCI lens.
bonds are traded in the Interest Rate Futures Market.
✓ Allows the RBI to supersede the board of directors
10.0 RBI TO MONITOR ROLL OUT OF NEW
of a banking company for a period not exceeding
EXPRESS CHEQUE CLEARING SYSTEM
12 months.
Addressing the demand from banks for complete
✓ Power conferred on the RBI to levy penal interest
automation of the cheque clearing exercise including
in case of non-maintenance of required CRR.
Contd...................to page 7
1.0 SEBI CANNOT IMPOSE PENALTY U/S The Reserve Bank of India (RBI) said on Thursday
11B that all deposit taking non-banking financial
companies (NBFCs) should maintain a minimum
A recent decision of the Securities Appellate
capital ratio consisting of Tier-I and Tier-II capital
Tribunal (SAT) has once again underlined the prin-
of 15% from March 31, 2012.
ciple that the power of the Securities and Exchange
Board of India (SEBI) to issue directions under Earlier such NBFCs had to maintain a minimum
Section 11B of the Securities and Exchange Board capital ratio of 12% of the aggregate risk weighted
of India Act, 1992 (SEBI Act) cannot be used to assets on the balance sheet and of risk adjusted
impose penalties. value off-balance sheet items.
among themselves or with clients through the (Sources: Bloomberg, NSE, BSE,RBI)
Contact details : Dharampal (9013363257) All India Chartered Accountants’ Society - CFO World 504, Chiranjiv Tower, 43, Nehru Place,
New Delhi-110019. Ph: 26223712, 26228410, 26226933 E-mail:aicas.cfo@gmail.com / cfoworld@gmail.com EDITOR: Pankaj Gupta, LLB, FCS
E-mail: pankajguptafcs@gmail.com PUBLISHED & PRINTED: At New Delhi by Satish Chandra, Administrative Officer, on behalf of All India Chartered
Accountants’ Society, 4696, Brij Bhawan, 21A, Ansari Road, Darya Ganj, New Delhi-110 002 Phone 23265320, 23288101 E-mail : aicas.cfo@gmail.com
Printed at: EIH Ltd., Unit : Printing Press, No. 7, Sham Nath Marg, Delhi-110054. Views expressed by contributors are their own and the Society does not accept
any responsibility.