Sunday, 3 January 2016

Daily Updates and News


Direct Tax

Budget 2016: Raise tax deduction limit for long-term savings to Rs 2.5L, demands Assocham 

Government should hike tax-exempted savings limit to Rs 2.5 lakh from Rs 1.5 lakh at present, and re-introduce standard deductions for salaried employees to boost consumption, industry body Assocham has said. "As Finance Minister Arun Jaitley begins engagements with stakeholders for the ensuing Budget for 2016-17, Assocham has recommended to the government to increase the deduction for long term savings to Rs 2.5 lakh (from Rs 1.5 lakh). "And re-introduce the concept of sta    [….] Read more at:



Retrospective tax law hurt India, scared away investors: FM

Retrospective tax law has hurt the country as it scared away the investors, Finance Minister Arun Jaitley on Saturday said and stressed on the need for maintaining the standards of fairness in taxation. Addressing the officer trainees of the Indian Revenue Service, Jaitley said taxes which are realisable have to be collected, but the taxes that are not realisable, should not be collected. "If you ask me 4-5 years later, in Income Tax Act... did the provisions of the retrospective taxation help India or    [….] Read more at:



New reporting norms for high value transactions from April 1 

In order to check black money, the CBDT has notified norms under which cash receipts and high value transactions beyond a certain threshold will have to be reported to the Income Tax authorities with effect from April 1. Under the new norms, cash receipts, purchase of shares, mutual funds, immovable property, term deposits, sale of foreign currency will have to be reported to the tax authorities in a prescribed format, which is Form 61A. The Finance Ministry notification said the registrar will    [….] Read more at:

http://economictimes.indiatimes.com/articleshow/50424329.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst


Indirect Tax

Jaitley hopeful of GST Bill in ensuing Budget session

After hitting the Congress wall in two successive Parliament sessions, Finance Minister Arun Jaitley today exuded confidence that landmark GST Bill will be passed in the next session as numbers in the Rajya Sabha will tilt in favour of the new indirect tax regime. "The next session is going to be extremely important. And half way through the next session, the numbers of the Upper House are also going to change. So I am reasonably optimistic, as far as the next session is concerned, that we may be    [….] Read more at:

http://www.moneycontrol.com/news/economy/jaitley-hopefulgst-billensuing-budget-session_4839561.html







Company Law

Regional directors to receive report from ROC on violation of offences with imprisonment below 2 years

In exercise of the powers conferred by section 458 of the Companies Act, 2013 (18 of 2013) the Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, Delhi, Ahmedabad, Hyderabad and Shillong, the power vested in it under section 208 of the said Act for receiving the report from the Registrar (having jurisdiction over the place of registered office of the company concerned) or from the Inspector where such report recommends action for violation of of    [….] Read more at:



Share allotment to CDR lenders will not reduce loan: Unity Infra

Madhav Nadkarni, CFO of Unity IndraProjects said that the interest on funded interest term loan (FITL) is been converted into equities. Earlier, the company had issued 1.19 crore shares to corporate debt restructuring (CDR) lenders. Post this, the promoters shareholding stands at 62 percent, he said. Nandkarni further added that the company will have another allotment of 38-39 lakh shares in the March quarter, which will lower down promoter shareholding to 59 percent and bank’s stake will    [….] Read more at:



SEBI
 
SEBI provides an option to avoid penalty on private placement of upto 200 investors for cases prior to 1-4-2014

Prior to April 01, 2014, offers of securities - shares and debentures - by companies to more than 49 persons were deemed to be public offers. SEBI has initiated penal action on receipt of specific complaints against the companies offering such securities without complying with the relevant provisions of the Companies Act, 1956 and applicable SEBI Guidelines / Regulations governing a public issue. Under the new Companies Act, 2013, post April 01, 2014, any offer or allotment of securities shall be co    [….] Read more at:



SEBI revises Application-Cum-Bidding Form

SEBI vide Circular no. CIR/CFD/POLICYCELL/11/2015 dated November 10, 2015 has streamlined the process of public issue of equity shares and convertibles. Among several measures, all the investors applying in a public issue are required to use only Application Supported by Blocked Amount (ASBA) facility for making payment. 2. Considering the above, format for application-cum-bidding-form and manner of disclsoure as specified vide SEBI Circular no. CIR/CFD/DIL/4/20    [….] Read more at:



SEBI issues procedure to ensure compliance with securities contract regulations, 2012 by Listed Stock Exchanges

Procedures for ensuring compliance with Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012 (SECC Regulations) by Listed Stock Exchanges. 1. Regulation 45 of the SECC Regulations provides for listing of stock exchanges. As per Regulation 45(2) of the SECC Regulations, the Board may specify such conditions as it may deem fit in the interest of the securities market. 2. Accordingly, it has been decided to prescribe the following modalit    [….] Read more at:


Now 'Gold Exchange Traded Funds' can invest in Gold Monetisation Scheme

Please refer to SEBI circular dated February 15, 2013 read with circular dated October 18, 2013 on investment by Gold ETFs in Gold Deposit Scheme of Banks. 2. As per RBI notification dated October 22, 2015, the Gold Monetisation Scheme, 2015 (GMS) will replace the Gold Deposit Scheme, 1999 (GDS). However, the deposits outstanding under the GDS will be allowed to run till maturity unless these are withdrawn by the depositors prematurely. 3. Considering the above, in partial    [….] Read more at:



Sebi slaps Rs 30-lakh penalty on Anand Rathi

The Securities and Exchange Board of India (Sebi) announced a Rs 30 lakh fine on a leading financial services entity, Anand Rathi (AR), for breaching the stock broker regulations. Sebi said AR had repeatedly withdrawn funds from a designated client bank account to make payments not to a client but to its own group company, the commodities brokerage wing. In doing so, it had failed to exercise due skill and care in conduct of business, breaching the statutory requirements under th    [….] Read more at:


Sebi issues modalities for stock exchange listing

Stock exchanges will be allowed to go for listing from April this year. On the first day of the year, the Securities and Exchange Board of India (Sebi) issued the final circular in which it steered clear of any dilution the “fit and proper”. However, shareholders would be allowed to issue a self certification of their ‘fit’ status. In the circular, the regulator said exchanges should make sure all shareholders are fit and proper. At the time of listing, every shareholder would need to give a declaration that    [….] Read more at:



Sebi to tighten disclosure norms for rating agencies

Markets regulator Sebi is set to tighten disclosure norms for rating agencies as well as the companies being rated, as it seeks to check the menace of 'rating shopping' and a 'pick-and-choose' approach in disclosing rating actions.  The proposed regulatory moves follow the Amtek Auto fiasco and a growing number of loan defaults triggering downgrade or suspension of ratings without the same being properly communicated to investors. It has been felt that the disclosure norms need to be tigh    [….] Read more at:




RBI

RBI revises criteria to extend credit facilities to step-down subsidiaries of Indian Companies

Please refer to our circular DBOD.IBD.BC.No.96/23.37.001/2006-07 dated May 10, 2007 permitting banks in India to extend funded and/or non-funded credit facilities to step-down subsidiaries of the overseas subsidiaries of Indian companies that may not be wholly owned, subject to certain conditions. 2. The above instructions have been reviewed and are modified as follows: (i) Banks may extend funded and/or non-funded credit facilities to the step-down subsidiaries of Indian companies    [….] Read more at:



SBI: Lending rate cut unlikely till end-Mar

State Bank of India, the country’s largest lender, isn’t likely to cut its key lending rate till at least end-March, chairman Arundhati Bhattacharya told reporters after opening a digital (‘sbiINTOUCH’) branch in south Mumbai. She was responding to queries on further room for transmission of the Reserve Bank of India’s policy rate cuts. On Tuesday, HDFC Bank had reduced its base rate (BR) by five basis points, to 9.3 per cent. On September 29, 2015, SBI had reduced its BR by 40 bps to 9.3 p    [….] Read more at:


More economic reforms to drive markets in 2016

Hopes of more reforms, coupled with lower commodity prices and rising consumer confidence, are expected to aid key Indian indices in 2016 to pare their losses in the year gone by. "The year 2016 is broadly expected to deliver positive returns; for this it is important for markets to have some momentum in reforms, private capex cycle, global stability and growth," Devendra Nevgi, chief executive of ZyFin Advisors, told IANS. According to Nevgi, other factors such as improvement in bank    [….] Read more at:



New-age app and green PIN to push PNB's digital drive

State-owned Punjab National Bank (PNB) on Saturday said it has launched host of digital banking solutions including green PIN and an enhancement of its mobile app. The bank launched mobile apps enabling the customer to locate PNB ATM with PNB ATM Assist, it said in a statement. The Android app facilitates the customer to use GPS and reach the nearest PNB ATM, it also assists customer to instantly lodge operational issues, reducing the resolution time considerably, PNB MD, Usha    [….] Read more at:


 
Miscellaneous Laws/News
 
IRDA enables online system for registration or renewal of broking licenses

ln order to apply for licensing of new broker, an applicant is required to register to the portal and user name and password would be generated by the system and sent to the user through email. Subsequently application can be submitted online by accessing the website: hftp://www.irdabap.orq.in. The applications for new brokers licenses already received by the department will be processed manually and all new licenses application from 1st Jan 2016 shall be accepted ONLY through on-line mode.   [….] Read more at:



Telcos to ignore TRAI's directive till next court hearing

Telecom operators, assuming the Delhi High Court order to be in their favor have decided to ignore Telecom Regulatory Authority of India's  (TRAI) directive to pay compensation for call drops. TRAI implemented the call drop compensation from January 1, 2016 under which telcos are to compensate the consumer Re 1 per call upto 3 dropped calls per day. The top telecom companies plan to ignore this directive till the court gives a final decision on the case. After the first hearing in     [….] Read more at:



JeM role not ruled out, India will give befitting reply: Rajnath

Home Minister Rajnath Singh on Saturday did not rule out the possibility of involvement of Pakistan-based terror group Jaish-e-Mohammad in Pathankot attack and said India would hit back hard if there is any terror strike on its soil. "Pakistan is our neighbouring country. We want good relations with not just Pakistan but with all our neighbours. We also want peace but if there is any terror attack on India, we will give a befitting reply. We will hit hard," he said. Asked about the     [….] Read more at:

http://www.moneycontrol.com/news/current-affairs/jem-role-not-ruled-out-india-will-give-befitting-reply-rajnath_4842061.html

Government focusing on R&D in railways: Suresh Prabhu

Railway Minister Suresh Prabhu on Saturday voiced confidence that railways would help push India's GDP by 2.5 percent in the coming years, asserting that Narendra Modi government was especially focusing on research and development works so that the transporter acts as a growth engine. Earlier, little effort was made in the field of research and development in the railways. However, the NDA government has signed agreements with 14 countries including Japan and Korea to undertake researc    [….] Read more at:



IDBI Bank strategic stake sale unlikely this fiscal

Government is unlikely to go for a strategic stake sale of state-owned IDBI Bank during the current fiscal due to some procedural issues. "Strategic stake sale in IDBI Bank may not happen this fiscal due to some procedure issues but the bank can raise funds through QIP," sources said. Last week, the government gave its approval to IDBI Bank for raising Rs 3,771 crore during the year, by way of Qualified Institutional Placement (QIP), a move which will dilute its holding by about 26 per cent in t    [….] Read more at:


Commerce Ministry to seek Cabinet approval for WTO pact soon

The Commerce Ministry will soon seek the Cabinet's approval for the WTO's trade facilitation agreement (TFA), which aims at easing customs procedures to boost commerce. "The ministry has received comments on the draft Cabinet note from all the departments and now the final note would be soon sent for Cabinet's consideration," an official said. The agreement (TFA) aims at simplifying customs rules, increasing transparency and reducing transaction costs for traders. As part of      [….] Read more at:

http://www.moneycontrol.com/news/business/commerce-ministry-to-seek-cabinet-approval-for-wto-pact-soon_4847661.html
 
Economy & News

Smart cities will tackle rapid urbanisation: PM Narendra Modi 

Terming rapid urbanisation as a challenge and critical for sustainability, Prime Minister Narendra Modi Sunday said smart cities would make the cities networked to become efficient, safe and better in delivery of services. "For the first time in human history, we are in an urban century. By 2050, two-thirds of the world's population will live in cities and three billion people will join 3.5 billion dwellers, with 90 percent of the increase from developing countries," Modi said at the 103rd Indian Science     [….] Read more at:



Wheat output may drop for 2nd year straight due to warm winter 

Wheat production in India, the world's second-largest producer, is likely to fall below 90 million tonnes (MT) for the second year in a row in 2015-16 due to an unusually dry and warm winter. Wheat output had declined to 88.95 MT in 2014-15 due to to poor monsoon and unseasonal rains in February-March, as against a record 95.85 MT achieved in the previous year. Sowing of wheat, a major rabi (winter) crop, begins from October and harvest starts from April. "Wheat sowing is lagging     [….] Read more at:



Country's first Rs 250cr urban yacht marina project at Howrah 

India's first urban yacht marina project, along with a residential area, will come up in Howrah on the banks of the Hooghly river. A marina is a sheltered harbor area where private yachts and boats can be parked on the water with fuel lines, fresh water supplies and shore power for the boats. "Marina Grand is an urban yacht marina project on the banks of Hooghly river on Howrah side, very close to the main city centre of Kolkata. It will also have residential area connected to the Marina. Such integr   [….] Read more at:

 

Sweden can provide clean tech to India: Swedish Consul General 

With deteriorating air quality becoming an area of concern, Sweden said it is keen to provide clean technology solutions to the country. "Sweden has many years of experience in the field of clean technology. The much debated air quality, for example, could benefit from Swedish solutions," Consul General of Sweden Fredrika Ornbrant told here. Sustainable transport, an important part of the 'Smart City' concept, is another area where Swedish companies are strong, she said. The     [….] Read more at:



Will offer attractive VRS: Anant Geete on Hindustan Cables shutdown 

Government plans to shut down terminally sick Hindustan Cables by offering an "attractive VRS" to its 1,500 employees, a final decision on which is expected in 2-3 months. "We will close down Hindustan Cables after offering an attractive VRS package. We have sent the proposal to Cabinet. A decision is expected in 2-3 months," Union Heavy Industries and Public Enterprises Minister Anant Geete told PTI. The Cabinet had earlier approved closure of seven terminally sick public sector     [….] Read more at:

 
Thanks & Regards,
Meetesh Shiroya

 
 

Friday, 1 January 2016

Daily Updates and News


Direct Tax

Tax appeal before Commissioners must be e-filed: CBDT 

Aiming to reduce the compliance burden, revenue department today said appeals before Income Tax Commissioner should be filed in electronic format by those assessees who e-file their returns. Electronic filing of appeals along with documents, before the CIT (Appeals), will remove human interface, cut paperwork and decrease transaction costs for taxpayers, Central Board of Direct Taxes (CBDT) said. "It would ensure consistent and error free service as validations will be inbuilt resulting in few   [….] Read more at:



Scrutiny notice to seek specific details from taxpayers: Central Board of Direct Taxes

In order to bring down instances of harassment of taxpayers, CBDT has asked its field offices to make sure the assessment notice should contain details of specific information or documents to be furnished by the assessee. Issuing the instruction, the Central Board of Direct Taxes (CBDT) said that while issuing the first notice, the Assessment Officers (AOs) do not convey to assessees the specific compliance requirement like production of accounts and furnishing of documents. "In cases selected for scruti   [….] Read more at:



Company Law
 
CLB can't interfere with enforcement of security interest by secured creditor under SARFAESI Act

Company court has no jurisdiction to issue directions to a securitization co or a secured creditor who has opted to stay outside winding up and invoke its power u/s 13 of SARFAESI ACT to enforce its security interest by sale without intervention of court or tribunal. In Vedica Procon’s case (supra) the aforesaid view was noticed and after considering many judgments in Paragraph 39, the Court approved the view taken in Navalkha and Sons vs. Sri Ramanya Das & Ors., 1969 (3) SCC 537    [….] Read more at:

 
SEBI

Sebi might allow mutual funds sale on e-commerce platforms in a month

Sebi chairman U K Sinha toSebi chairman U K Sinha said sale of mutual funds on e-commerce platforms could become effective in a month, a move which will help deepen the respective market.day said sale of mutual funds on e-commerce platforms could become effective in a month, a move which will help deepen the respective market. The markets regulator has set up a committee under Infosys co-founder Nandan Nilekani to deliberate ways in which electronic means can be used better for s    [….] Read more at:



Sebi turns down Sahara AMC plea to renew portfolio management services

The Securities and Exchange Board of India (Sebi) on Thursday rejected Sahara Asset Management Company's plea to renew the portfolio manager licence of the company. Sebi rejected this plea on the grounds that it was not "fit and proper" for this business. The market watchdog in February had cancelled the registration of Sahara Asset Management Company (AMC) as portfolio manager. Subsequently in March Sahara had requested Sebi to reconsider the decision through an    [….] Read more at:



Gold ETFs can invest 20% assets in monetisation scheme: Sebi

Markets regulator Sebi today allowed gold exchange-traded funds (ETFs) to invest up to 20 per cent of their assets in the government's ambitious Gold Monetisation Scheme.  The government, in November, launched gold monetisation scheme to rein in demand for physical gold and contain its import.  Through the Gold Monetisation Scheme (GMS), gold in any form can be deposited with banks for a period of 1-15 years that will earn interest while redemption will be at the prevailing value at the   [….] Read more at:

http://www.business-standard.com/article/pti-stories/gold-etfs-can-invest-20-assets-in-monetisation-scheme-sebi-115123100816_1.html
 
Sebi issues consultation paper for public issue of REITs

The Securities and Exchange Board of India following the guidelines for public issue of Infrastructure Investment Trusts on Thursday issued similar guidelines for the Real Estate Investment Trusts.   In the consultation paper Sebi has proposed that disclosures in the offer documents and draft papers be kept in the public domain for at least 21 days. The allocation in the public issue to qualified institutional buyers (QIBs) is proposed to be capped at 75 per cent. An investment manager can allocate up to    [….] Read more at:

http://www.business-standard.com/article/markets/sebi-issues-consultation-paper-for-public-issue-of-reits-115123100656_1.html
 
RBI

RBI releases Report of the Committee on Medium-term Path on Financial Inclusion

The Reserve Bank of India has today placed on its website, the Report of the Committee on Medium-term Path on Financial Inclusion (Chairman: Shri Deepak Mohanty). Comments may please be emailed or sent by post to the Principal Chief General Manager, Reserve Bank of India, Financial Inclusion and Development Department, 10th Floor, Central Office Building, Shahid Bhagat Singh Marg, Mumbai- 400001 by January 29, 2016. Background It may be recalled that, taking    [….] Read more at:



SLBC convenor banks to identify below 5,000 population villages for bank branch opening: RBI

Reserve Bank of India (RBI) has advised State Level Bankers' Committee (SLBC) Convenor banks to identify villages with population above 5,000 without a bank branch of a scheduled commercial bank in their state. RBI said identified villages may be allotted among scheduled commercial banks for opening of branches, whose opening should be completed by March 31, 2017. State Level Bankers' Committee (SLBC) came into existence under Lead Bank Scheme as per RBI guidelines   [….] Read more at:

http://www.business-standard.com/article/finance/slbc-convenor-banks-to-identify-below-5-000-population-villages-for-bank-branch-opening-rbi-115123100972_1.html
 
RBI modifies norms for credit to overseas subsidiaries of cos

The RBI today modified norms for banks to extend credit facilities to overseas step-down subsidiaries of Indian corporates to finance the projects undertaken abroad.  The Reserve Bank has reviewed its 2007 instructions permitting banks in India to extend funded and/or non-funded credit facilities to step-down subsidiaries of the overseas arms of Indian companies and come out with modified norms.  "Banks may extend funded and/or non-funded credit facilities to the step-down    [….] Read more at:



Miscellaneous Laws/News

HDFC Standard’s FDI proposal among 4 approved

The Foreign Investment Promotion Board (FIPB) has cleared four foreign direct investment (FDI) proposals, including ones made by HDFC Standard Life Insurance and Firefly Networks Ltd, worth about Rs. 1,810 crore.Of the four proposals, HDFC Standard Life alone accounted for FDI worth Rs. 1,700 crore, an official who attended the meeting said.The company had approached the FIPB for transfer of its shares currently held by HDFC to Standard Life (Mauritius Holdings)   [….] Read more at:



FDI flow grows by 35% in last 17 months: official

Foreign direct investment into India has grown by 35 per cent in the last 17 months even as across the world it has fallen by 16 per cent, a top Union government official said today. "FDI in India has grown by 35 per cent at a point of time when FDI across the world has fallen by 16 per cent," Department of Industrial Policy and Promotion Secretary Amitabh Kant told reporters here. He said 'Make in India' was launched in end-September last year and since then FDI has grown by 40 per    [….] Read more at:

http://www.business-standard.com/article/pti-stories/fdi-flow-grows-by-35-in-last-17-months-official-115122900639_1.html
 
IRDA allows insurers to continue existing non-compliant Micro-Insurance products till March 31, 2016

The Authority hereby draws attention to Regulation VI under Schedule III of Insurance Regulatory and Development Authority of India (Micro Insurance) Regulations, 2015; wherein it is mandated that "All the existing Micro Insurance Products that are not in compliance to these regulations shall be withdrawn with effect from 1st January, 2016."
It is observed that since the date of notification only a few products have been filed by the insurance companies till date. Hence to ensure availability of    [….] Read more at:



Govt. notifies Negotiable Instruments (Amendment) Act, 2015

—For the purposes of this section, the expressions "asymmetric crypto system", "computer resource", "digital signature", "electronic form" and "electronic signature" shall have the same meanings respectively assigned to them in the Information Technology Act, 2000.'. 3. In the principal Act, section 142 shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:— "(2) The offence under section 138 sl    [….] Read more at:

http://www.egazette.nic.in/WriteReadData/2015/167327.pdf
 
Economy & News

Government lays out medium-term debt management strategy 

The government has laid out a medium-term debt management plan aimed at lowering cost of borrowings and expanding the list of eligible investors which would deepen the local sovereign bond market. In a 28-page report, the Reserve Bank of India (RBI), also the government's debt manager, said the objective of the debt management strategy is to secure government's funding at all times at a lower cost over the medium and long-term while avoiding excessive risks. The central bank said its stress    [….] Read more at:



Core sector shrinks 1.3%, dragged down by sharp decline in steel production 

India's core sector contracted 1.3% in November after expanding for six consecutive months, dragged down by a sharp decline in steel production due to weak demand and imports. The fall in core sector output may curb industrial growth, which reached a five-year high of 9.8% in October. The eight infrastructure sectors that make up the core sector index - coal, crude oil, natural gas, refinery products, fertilisers, steel, cement and electricity - together have a 38% weightage in the Index of Industri   [….] Read more at:



Government may ask cash-rich PSUs to buy into peers to make up for disinvestment shortfall 

The government, staring at a massive shortfall in its disinvestment target for the year, could ask cash-rich state-run firms to pick up stakes in other public sector companies, a tactic that attracted a lot of flak when it was first employed during the Vajpayee era. Another idea being considered to compensate for the yawning gap in disinvestment receipts is to lean on cash-rich companies to explore share buybacks in which the government could consider tendering its shares, officials familiar    [….] Read more at:

 

Foreign-owned assets in India declines to $886.1 bn in Q2 

Foreign-owned assets in India declined by $11.4 billion to $886.1 billion in the July-September quarter of this fiscal as compared to the second quarter of 2014-15, according to RBI data. This is mainly due to decline in portfolio investments and loans by $13.6 billion and $1.7 billion, respectively. Net claims of non-residents on India slipped by $5.6 billion over the previous quarter to $357.8 billion for the quarter ended September, according to Reserve Bank data on International Investment Positi    [….] Read more at:



September-end scenario: India’s external debt rises 1.7% to $483.2 billion on commercial loans 

India's external debt rose 1.7% to $483.2 billion at the end of September from the level in March due to long-term liabilities, especially commercial borrowings and non-resident Indian deposits. The increase would have been higher than $8 billion if not for valuation gains from the appreciation of the US dollar against the rupee and most major currencies, estimated at $5.7 billion. "Excluding the valuation effect, the increase in debt would have been higher by $13.7 billion at end-September 2015 o   [….] Read more at:


 
 
Wish You a Very Happy New Year,
 Meetesh Shiroya