26 January 2012

CA. Y.H. Malegam, Padma Shri

I heartily congratulate CA. Y.H. Malegam, Past President of the Institute of Chartered Accountants of India, on the occassion of conferment of National Award, Padma Shri on him.

20 January 2012


SC: IT Dept has no jurisdiction to tax Hutch-Voda offshore transaction

In a thundering judgment dismissing the Income Tax Department's jurisdiction over the $18bn deal and virtually reaffirming almost each and every argument advanced by Vodafone counsel Harish Salve, Chief Justice Kapadia has unequivocally called the Hutch – Vodafone deal as one composite transaction and the CGP led structure of Hutchison Telecom as single consolidated bargain.  Hence the Income Tax Department did not have any right to levy tax on the ' offshore share sale' of CGP by Hutchison to Vodafone


Best Wishes

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
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com

19 January 2012

All About PAN

All about Permanent Account Number (PAN) and how it is structured- SEE ATTACHMENT

Best Wishes

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
Mobile:+91 - 0 9390221100
           +91 - 0 9440278412
e-Mail: vmvsr@rediffmail.com

14 January 2012

ST Return Date Extended Upto 20-01-2012

Section 70 of the Finance Act, 1994 read with Rule 7(4) of the Service Tax Rules, 1994 - Return of service tax - Date of submission of half-yearly return for the period April, 2011 to September 2011 extended from 6-1-2012 to 20-1-2012
ORDER NO. 1/2012 - Service Tax, dated 9-1-2012
In exercise of the powers conferred by Rule 7(4) of the Service Tax Rules, 1994 read with notification No. 48/2011-Service Tax dated 19th October 2011, Central Board of Excise and Customs hereby extends the date of submission of half yearly return for the period April 2011 to September 2011, from 6th January, 2012 to 20th January, 2012.
This is being done in view of the fact that assessees are facing problems in electronic filing of returns due to various reasons.

FDI- Singe Brand

Department of Industrial Policy and Promotion Ministry of Commerce and Industry notified the decision to allow 100 per cent FDI in Single brand retail today via Press Note No.1 (2012 Series). The Union Minister for Commerce Industry and Textiles said Cabinet took the conscious decision to liberalise policy for FDI in single brand retail. FDI in single brand has led to emergence of some global majors in Indian market. We have now allowed Foreign Investment up to 100 percent with the stipulation that in respect of proposals involving FDI beyond 51 per cent there will be mandatory sourcing of at least 30 per cent of the total value of the products sold would have to be done from Indian small industries/village and cottage industries, artisans and craftsmen, This step will provide stimulus to domestic manufacturing value addition and help in technical upgradation of our local small industry.

AS 11 Amendment

Amendment in Accounting Standard 11 relating to "The Effects of Changes in Foreign Exchange Rates" 

The Central Government in consultation with National Advisory Committee on Accounting Standards, has made an amendment to the Companies (Accounting Standards) Rules, 2006 through notifications G.S.R. dated 29.12.2011, viz Companies (Accounting Standards) Amendment Rules, 2011 and Companies (Accounting Standards) (Second Amendment) Rules, 2011.

The amendment in Accounting Standard (AS) 11 relates  to "The Effects of Changes in Foreign Exchange Rates", which has been made in light of foreign exchange losses suffered by India Inc, due to significant rupee downslide against the US dollar in recent months. 

The Government has extended the deadline from March 31, 2012 to March 31, 2020, for companies to charge the exchange differences arising on reporting of long term foreign currency monetary items, at rates different from those at which they were initially recorded or reported during the year, as far as they relate to the acquisition of a depreciable capital asset. The same can be added to or deducted from the cost of the asset and has to be depreciated over the balance life of the asset and in other cases, it can be accumulated in a " Foreign Currency Monetary Item Translation Difference Account" in the financial statements.

Comments for future XBRL

Ministry of Corporate Affairs12-January, 2012 18:13 IST
Comments/Suggestions for future XBRL Implementation
The Ministry of Corporate Affairs has formed a committee to develop the roadmap for future implementation of XBRL. The committee has its Terms of References as under:

A. Identification of class of companies and various reports to be filed in XBRL in Phase-wise manner.

B. Development of Taxonomies to be used by Corporates for their regulatory filings to government agencies.

C. Extensions in Taxonomies and XBRL Assurance framework.

D. Training, awareness and capacity building of stakeholders.

E. Framework for consumption & dissemination of XBRL data.

Accordingly stakeholders have been requested to send in their suggestions/comments on xbrl.suggestion@mca.gov.in. or to write to Director (e-Governance), Room No. 536, A Wing, Shastri Bhawan, New Delhi 110001.


(Release ID :79537)

Top 10 tips for sending e-mail while traveling

Whether you're on the road for business or pleasure—provided you're not traveling by canoe in the Amazon jungle or dog sled in the arctic—there’s probably a way to stay in touch by e‑mail. With a little knowledge and advance planning, it’s easy to check your e‑mail from the road. Here are some tips to help you remain in contact with friends, family, and colleagues while you're on the go.

1. Use web mail and travel light
If you use a web-based e‑mail service such as Windows Live Hotmail, you can send and receive e‑mail using someone else’s computer, without the need to carry around your own mobile PC while you travel. All you need is a Hotmail account and a computer with a web browser and an Internet connection. You can even access Hotmail from some web-enabled mobile phones.
To open a Hotmail account, go to the Windows Live Hotmail website.

2. Carry a laptop and use your own e‑mail program
If you’re traveling on business, chances are you'll have your own mobile PC with you. In this case, you can use a more full-featured e‑mail program such as Windows Live Mail orWindows Mail. These programs enable you to store all your messages locally on your PC, so you can read messages you’ve already downloaded and compose new messages even when you can’t get an Internet connection. Windows Mail is included in Windows Vista. To download Windows Live Mail, go to the Windows Live Mail website.
Bringing a mobile PC with you on a trip gives you more options for checking e‑mail
When you have your own computer with you, you also get the added bonus of being able to check e‑mail in the privacy and comfort of your hotel room (assuming your hotel offers Internet access). Also, if you're really on the go and don’t want to stop and open your laptop, you can check e‑mail from many mobile phones, including many Windows Mobile devices.

3. Try doing e‑mail offline
Write messages when you're inspired, not when you're connected. If you have a laptop with you, take advantage of offline time to read messages you have already downloaded and compose replies and other new messages. Unlike web-based e‑mail, programs such as Windows Mail and Windows Live Mail save your messages locally (on your hard disk), rather than on the web. The next time you connect to the Internet or your company network, you can download new e‑mail and send any messages you have ready to go, sitting in your Outbox.
Windows Mail and Windows Live Mail enable you to write messages offline and store them temporarily in your Outbox

4. Hone your skills at finding Internet cafés
If you're traveling without a mobile PC, train yourself to watch for Internet cafés and other places where you can rent a computer for a short period of time to check your e‑mail. Don’t wait until you absolutely have to check e‑mail and then expect to find a place on the nearest street corner. Depending on where you're traveling, there might not be very many Internet cafés. Learn what kinds of places offer computers with Internet access. Many places may offer wireless Internet access but have no computers you can use. Ask around for locations. Hotel clerks, waiters, airline staff, and other service people can often tell you where to go.
“Internet café” is a generic term that many people use to refer to almost any public place with a computer you can use to access the Internet. An Internet café may or may not refer to an actual café. Also look for Internet kiosks, public libraries, and other locations that let you use their computers. Many rent computer time by the minute or hour.
You can access Windows Live Hotmail from any computer with a web browser and an Internet connection

5. Look up Internet café locations before you go
If you want to be sure you can check your e‑mail from the road, make a list in advance of Internet cafés where you will be traveling. This can be important if you will be traveling in areas where Internet access is less likely to be available.
Several websites offer lists of Internet cafés around the world. You can go to online resources such as The Cybercafe Search Engine website or the Cybercafes website where you'll find thousands of Internet cafés, public Internet kiosks, and even cruise ships with Internet cafés. Of course, not every café is listed, so ask around if you can't find one on the web.

6. Find local wireless hotspots
Many cafés, coffee houses, and airports have wireless networks called hotspots where you can access the Internet. They might not rent PCs, but if you have a laptop with you, you can sign in and check your e‑mail using your own computer and an e‑mail program such as Windows Mail or Windows Live Mail. There is often no charge for customers to access the wireless network.
Windows Vista makes it easy to log on to a wireless network. To learn how, see View and connect to available wireless networks.

7. Stay at hotels that offer Internet access
This is becoming less of an issue as more hotels and motels offer Internet access. But if you really want to be able to do e‑mail from your room, you might want to skip that charming bed-and-breakfast or quaint country inn, where guest Internet access is probably not on the list of amenities. Most hotels or motels that have wireless Internet access include it in the price of a room or offer it for a modest fee. Business-class hotels usually offer the speediest Internet access. Ask about Internet access when you check in or make room reservations.

8. Leave your laptop at home when traveling to places where it’s hard to get an Internet connection
Even if you have a laptop, it may be easier in some places to check your e‑mail from an Internet café than to try and find a connection for your own computer. Relying on Internet cafés is helpful if you're unable to locate wireless hotspots or hotels with Internet access. (I won’t go into the numerous hassles of trying to get a dial-up connection in countries with different phone systems. Wireless Internet access has eclipsed dial-up Internet access for most mobile PC users.) One side benefit of leaving your laptop at home: you won’t have to worry about losing it or having it stolen.

9. E‑mail important documents to yourself before you leave
E‑mail is for more than just communicating with people. If you're not bringing a laptop with you, you can use e‑mail to send important documents to yourself that you want to read or work on while traveling. Then you can access them from an Internet café or Internet kiosk. Another option is to put files on a web-based storage service, although this will require you to find a service you like and sign up for an account there.

10. Take advantage of flying time
Time spent on planes is often time wasted. But there’s no reason to be unproductive just because you can’t get an Internet connection while cruising at 30,000 feet. Take advantage of the downtime to use your mobile PC to do offline e‑mail and other work when you are flying (see No. 3). You can’t send and receive messages without an Internet connection, but you can read e‑mail you’ve saved and compose new messages offline.
To work with offline e‑mail, you’ll need a full-featured program such as Windows Live Mailor Windows Mail that enables you to save your messages locally (on your hard disk).

11 January 2012

Centralised Processing of Returns Scheme 2011

Centralised Processing of Returns Scheme, 2011
Notification No.2/2012[F.No.142/27/2011-SO(TPL)], dated 4-1-2012
In exercise of the powers conferred by sub-section (1A) of section 143 of Income Tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby specifies the following scheme for processing of returns of income, namely:-
1. Short title and commencement.—
(1).  This Scheme may be called the Centralised Processing of Returns Scheme, 2011.
(2).  It shall come into force on the date of its publication in the Official Gazette.
2. Definition. - In this scheme, unless the context otherwise requires -
(a)  'Act' means the Income Tax Act, 1961 (43 of 1961).
(b)  'Board' means Central Board of Direct Taxes constituted under the Central Board of Revenues Act, 1963 (54 of 1963).
(c)  'Centre' means the Centralised Processing Centre having jurisdiction over such return of income as may be specified by the Board.
(d)  'Commissioner' means the Commissioner of Income-tax, Centralised Processing Centre.
(e)  'Director General' means the Director General of Income-tax (Systems).
(f)  words and expressions used herein but not defined and defined in the Act shall have the meaning respectively assigned to them in the Act.
3. Scope of the Scheme.—This scheme shall be applicable in cases where return of income has been furnished in,-
 (i)  electronic form; or
(ii)  paper form, in case of a class or classes of persons, as notified by the Board in this behalf.
4. Receipt and Acknowledgment of Return of Income.—
(1)  Where a return of income is filed electronically with digital signature, on successful transmission of the data, an acknowledgment as generated by the server of the Central Government shall be available to the person in printable format.
(2)  The acknowledgment shall contain the acknowledgment number of the electronic transmission and the date of transmission as an evidence of filing of the return.
(3)  A copy of the electronic transmission of filing the return of income shall be downloaded and kept by the person.
(4)  Where a return of income is filed electronically without digital signature, on successful transmission of the data, an acknowledgment in Form ITR-V as provided in rule 12 of the Income Tax Rules, 1962 shall be generated by the server of the Central Government and available to the person.
(5)  The Form ITR-V shall also contain the acknowledgment number of the electronic transmission and the date of transmission as an evidence of filing of the return.
(6)  A copy of ITR-V shall be downloaded and after taking a printout of such a form, it shall be physically verified under the signature of the person and forwarded to the Centre.
(7)  The Form ITR-V duly verified shall be sent to the Centre, either through ordinary or speed post, within such period of uploading the electronically filed return as may be specified by the Director General in this behalf.
(8)  The date of transmitting the data electronically shall be the date of furnishing the return if the Form ITR-V is furnished in the prescribed manner and within the period specified.
(9)  In case Form ITR-V furnished after the prescribed time is rejected on account of it being unsigned, illegible, mutilated, bad quality or not as per specification, it shall be deemed that the return in respect of which the Form ITR-V has been filed was never furnished and it shall be incumbent on the person to electronically file the return of income again followed by submission of the new Form ITR-V.
(10)  The Form ITR-V shall be submitted at the address, in the mode and within the period or extended period specified by the Commissioner in this behalf.
(11)  The Commissioner may, in order to avoid hardship in a case or class of cases, condone the delay in receipt of Form ITR-V.
(12)  The Commissioner may call for fresh Form ITR-V in special circumstances, where the Form ITR-V earlier submitted cannot be considered for technical reasons.
5. Revised return of income.—
(1)  If the original return of income is an electronically filed return, the revised return shall be filed through electronic mode only.
(2)  The Centre will process only the revised return and no further action will be taken on the original return if it has not already been processed.
6. Invalid or defective return.
 (i)  The Commissioner may declare-
(a)  a return invalid for non-compliance of procedure for using any software not validated and approved by the Director General.
(b)  a return defective under sub-section (9) of section 139 of the Act on account of incomplete or inconsistent information in the return or in the schedules or for any other reason.
(ii)  In case of a defective return, the Centre shall intimate this to the person through e-mail or by placing a suitable communication on the e-filing website.
(iii)  A person may comply with the notice regarding defective return by uploading the rectified return within the period of time mentioned in the notice.
(iv)  The Commissioner may, in order to avoid hardship to the person, condone the delay in uploading of rectified return.
(v)  In case no response is received from the person in reply to the notice of defective return, the Commissioner may declare a return as not having been uploaded at all or process the return on the basis of information available.
7. Centralised Processing Centres.—
(1)  The Board may set up as many Centralised Processing Centres as it may deem necessary and specify their respective jurisdictions.
(2)  The processing of the returns shall be undertaken at the Centralised Processing Centre.
8. Processing of Returns.—
 (i)  The Centre shall process a valid return of income in the following manner, namely:-
 (a)  the sum payable to, or the amount of refund due to, the person shall be determined after credit of such Tax collected at Source (TCS), Tax Deducted at Source (TDS) and tax payment claims which can be automatically validated with reference to data uploaded through TDS and TCS statements by the deductors or the collectors, as the case may be, and tax payment challans reported through authorised banks in accordance with the procedures adopted by the Centre in this regard.
(b)  an intimation shall be generated electronically and sent to the person by e-mail specifying the sum determined to be payable by, or the amount of the refund due to, the person; and
 (c)  any intimation to the person to pay any sum determined to be payable shall be deemed to be a notice of demand as per the provisions of section 156 of the Act and all other provisions of the Act shall be applicable accordingly.
(ii)  The Commissioner may, -
 (a)  adopt appropriate procedure for processing of returns; or
 (b)  decide the order of priority for processing of returns of income based on administrative requirements.
(iii)  Wherever a return cannot be processed in the Centre for any reasons, the Commissioner shall arrange to transmit such return to the Assessing Officer having jurisdiction for processing.
9. Rectification of mistake.—
(i)  With a view to rectifying any mistake apparent from the record under section 154 of the Act, the Centre, on its own or on receiving an application from the person, may amend any order or intimation passed or sent by it under the provisions of the Act.
(ii)  An application for rectification shall be filed electronically to the Centre in the format prescribed and will be processed in the same manner as a return of income-tax.
(iii)  Where the rectification order results in a demand of tax, the order under section 154 of the Act passed by the Centre shall be deemed to be a notice of demand under section 156 of the Income-tax Act.
(iv)  In case of error in processing due to an error in data entry or a software error or otherwise, resulting in excess refund being computed or reduction in demand of tax, the same will be corrected on its own by the Centre by passing a rectification order and the excess amount shall be recovered as per the provisions of the Act.
(v)  Where a rectification has the effect of enhancing an assessment or reducing the refund or otherwise increasing the liability of the person, an intimation to this effect shall be sent to the person electronically by the Centre and the reply of the person has to be furnished through electronic mode only.
10. Adjustment against outstanding tax demand.—The set-off of refund, if any, arising from the processing of a return, against tax remaining payable will be done by using the details of outstanding tax demand lying against the person as uploaded onto the system of the Centre by the Assessing Officer.
11. Appellate Proceedings.—
(i)  Where a return is processed at the Centre, the appeal proceedings relating to the processing of the return shall lie with Commissioner of Income-tax (Appeals) [CIT(A)] having jurisdiction over the jurisdictional Assessing Officer and any reference to Commissioner (Appeals) in any communication from the Centre shall mean such jurisdictional CIT (Appeals).
(ii)  Remand reports, giving effect to appellate order and any other reports to be furnished before the CIT (Appeals) shall be submitted by the Assessing Officer having jurisdiction as regards the person.
12. No personal appearance in the Centre.—
(i)  A person shall not be required to appear either personally or through authorised representative before the authorities at the Centre in connection with any proceedings.
(ii)  Written or electronic communication from such person or authorized representative in the format specified by the Centre in this respect shall be sufficient compliance of the query or clarification received from the Centre.
(iii)  The Centre may call for such clarification, evidence or document as may be required for the purpose of facilitating the processing of return and all such clarification, evidence or document shall be furnished electronically.
13. Service of notice or communication.—
 (i)  The service of a notice or order or any other communication by the Centre may be made by-
  a.  sending it by post;
  b.  delivering or transmitting its copy thereof, electronically to the person sent by the Centre's e-mail;
  c.  placing its copy in the registered electronic account of the person on the official website ; or
  d.  any of the modes mentioned in sub-section (1) of section 282 of the Act.
(ii)  The date of posting of any such communication on official website, e-mail or other electronic medium shall be deemed to be the date of service.
(iii)  The intimation, orders and notices shall be computer generated and need not carry physical signature of the person signing it.
14. Power to specify procedure and processes.—The Director General may specify procedures and processes from time to time for effective functioning of the Centre in an automated and mechanised environment, including specifying the procedure and processes in respect of the following :-
 (i)  receipt and processing of electronic rectification applications in the Centre.
(ii)  the address or place, the mode and the period or the extended period within which the acknowledgment in Form ITR-V shall be accepted.
(iii)  validating any software used for e-filing the return.
(iv)  call centres to answer queries and provide taxpayer services which may include outbound calls to persons requesting for clarification to assist in the processing of their returns of income.
(v)  managing tax administration functions such as receipt, scanning, data entry, processing, issue of refunds, storage and retrieval of income-tax returns and documents in a centralised manner or receipt of paper documents through authorized intermediaries.

07 January 2012


A.     As a New Year gift to the Companies that are not meeting the Minimum Public Holding requirement, SEBI has at its Board Meeting held on 3rd January 2012 decided to introduce the following additional methods, for the purpose of compliance with the provisions of SCRR with regard to the Minimum Public Shareholding to be maintained in any listed company:

      1.      Institutional Placement Programme (IPP); and

2.            Offer for sale of shares through stock exchanges

Both the above mentioned methods have certain salient features/ pre prequisites and need to be followed in compliance therewith. Under both the options, caps have been specified, in terms of the Issue Size, limits of dilution, categories of allottees/ transferees, procedure for allotment etc.

The highlights of IPP Method are as follows:

Public shareholding can be increased by 10% or such lesser percentage as is required to comply with the minimum public shareholding requirement.

Shares can be sold only to qualified institutional buyers, with a reservation of minimum 25% to mutual funds and insurance companies.

Issuer shall announce an indicative floor price or price band atleast one day prior to the opening of the offer.

The aggregate demand schedule shall be displayed by stock exchanges.

There shall be atleast 10 allottees in every IPP issuance. No single investor shall receive allotment for more than 25% of the offer size.

The allotment of shares may be made on price priority, proportionate or on pre- specified criteria which has to be disclosed in advance in the prospectus and cannot be changed subsequently.

The highlights of Offer of shares through stock exchanges are as follows:

A separate window shall be offered by the Stock Exchange.

The offer shall be for atleast 1% of the paid-up capital of the company, subject to minimum of Rs. 25 crores.

Only the promoter/ promoter group of companies which are active /eligible for trading would be permitted to offer their shares for sale.

Every bid/buy order would be required to be backed by 100% upfront cash margin. The settlement shall be through exchange clearing mechanism.

Allotment would be done either on price priority or clearing price basis proportionately and would be overseen by the exchanges.

Further, it has also been decided that Offer for sale through the stock exchanges method can, apart from being used for compliance with minimum shareholding requirements, also be used by the promoters of top 100 Companies (based on average market capitalization) for sale of their stake.

To recapitulate, SEBI had vide its Circular dated 16th December 2010, mandated that for the purpose of compliance of Cl 40 A of Listing Agreement, listed companies could have resorted to either issuance of shares to public through prospectus or  offer for sale of shares held by promoters to public through prospectus or  sale of shares held by promoters through the secondary market, with the prior approval of the Specified  Stock Exchange, within the timelines specified by Ministry of Finance.

This move for allowing the above 2 additional methods shall prove Industry friendly in meeting with the Minimum Public Shareholding requirements in case of listed companies.

B. Further, SEBI has also decided to make the following amendments in the SEBI Buyback Regulations:

Procedure for acceptance of shares in buy back through tender offer: The company shall announce ratio of buyback as is done in the case of rights issues and fix a record date for determination of entitlements as per shareholding on record date. While the shareholders will be free to tender over and above their entitlement, acceptance of shares shall first be based on entitlement of each shareholder and if any shares are still left to be bought back, acceptance of additional shares tendered over and above the entitlement shall be in proportion to the excess shares tendered by the shareholder.
"Record Date" in lieu of Specified Date.

Review of requirement of issuing Public Notice and Public Announcement: The Public Announcement shall be published within two working days from the date of Board or Shareholders resolution, as the case may be.

Rationalisation of timelines in buyback through tender offer: It has been decided to revise the time lines for various activities involved in the buyback process.

SEBI has also issued a Circular bearing no. CIR/IMD/FIIC/1/2012 dated 3rd January 2012, with respect to the investment limits of FIIs in Government debts and Corporate debts, whereby it has withdrawn the facility of re-investment and now re-investment period shall not be allowed for all new allocations of debt limit to FIIs/sub-accounts.

01 January 2012

XBRL e-Filing Date Extended

Extension of date for filing of Balance Sheet and Profit & Loss in XBRL mode
2 December 11

ST Return Date Extended

F. No. 137/99/2011 – Service Tax
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs,
New Delhi, the 29th December 2011

ORDER NO 3 /2011 – Service Tax

In exercise of the powers conferred by Rule 7(4) of the Service Tax Rules 1994 read with notification No. 48/2011-Service Tax dated 19th October 2011, Central Board of Excise and Customs hereby extends the date of submission of half yearly return for the period April 2011 to September 2011, from 26th December 2011 to 6th January 2012.

This is being done in view of the fact that assessees are facing problems in electronic filing of returns due to various reasons.

(Deepankar Aron)
Director (Service Tax)
CBEC, New Delhi


Chief Commissioners of Central Excise & Customs (All)
Chief Commissioners of Central Excise (All)
Director General of Systems
Director General of Service Tax

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