Monday, August 30, 2010

New Direct Tax Code from April 1, 2012

New Direct Tax Code from April 1, 2012
The government on Monday introduced Direct Taxes Code (DTC), offering much lower benefits than in the original proposal.
The new code would now be applicable from April 1, 2012, instead of next year as proposed earlier by the finance minister.

The Bill seeks to increase tax exemption on income from Rs. 1.6 lakh to Rs. 2 lakh and fix the corporate tax at a flat 30 per cent.

As per the Bill, income from Rs. 2-5 lakh will be taxed at 10 per cent; Rs. 5-10 lakh at 20 per cent and 30 per cent thereafter.

The changes, when they take effect, will help save up to Rs. 41,040 for people earning more than Rs. 10 lakh a year. The exemption on savings and payment of interest up to Rs. 1.5 lakh on housing loan have been retained in the proposed DTC Bill.


Finance Minister Pranab Mukherjee tabled the Bill in the Lok Sabha and it has been referred to select committee of Parliament for scrutiny. Similarly, the exemption limit for senior citizens, is sought to be raised marginally to Rs. 2.5 lakh from Rs. 2.40 lakh now.

Currently, income from Rs. 1.6-5 lakh attracts 10 per cent tax; from Rs. 5-8 lakh, 20 per cent and beyond Rs. 8 lakh, 30 per cent. The proposed tax slabs are much lower than originally suggested in the draft DTC bill -- 10 per cent for Rs. 1.6 lakh to Rs. 10 lakh, 20 per cent from Rs. 10-25 lakh and 30 per cent for income above Rs. 30 lakh.

According to estimates, an individual tax payer earning more than Rs. 10 lakh would save up to Rs. 41,040 annually. The legislation also proposes to increase MAT from 18 per cent to 20 per cent of book profit of a company. It seeks to levy dividend distribution tax at 15 per cent. When enacted, DTC will replace archaic Income Tax Act.

Posted By: Ankitha Singhvi

Source: NDTV Profit



Wednesday, August 25, 2010

Summary of Examiners’ Comments on the Performance of Candidates [Final (Old) Course and Final (New) Course, May 2010 Examination

In a move to facilitate the students, the Board of Studies has compiled the comments of the examiners on all the subjects of the Final (Old) Course and Final (New) Course examinations held in May, 2010. The group-wise general comments of the examiners on the performance of the students have been summarised, which are followed by the question-wise specific comments on the mistakes committed by the students in different subjects.


Students are advised to go through the general and specific comments very carefully to be aware of the areas in which they are lacking, the mistakes committed, etc. which would help them to overcome their shortcomings in the forthcoming examinations.

The summary of examiners' comments on the performance of candidates is available at


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Regards
Ankitha Singhvi




Tuesday, August 24, 2010

Tamil Nadu Professional Tax Amendment

Tamil Nadu Professional Tax Amendment

Click here to view/download

Wednesday, August 18, 2010

The Indian Warren Buffett - Mr Rakesh Jhunjunwala

Rakesh Jhunjhunwala is an Indian Chartered Accountant by qualification but an investor / trader by profession. In 2010, Forbes rated him as India's 51st and the world's #1062 richest man with wealth of $1.0 billion. He is one of the most famous and respected equity investors in India and manages his own portfolio as a partner in his asset management firm, Rare Enterprises. A large man in his late 40s, Jhunjhunwala was described earlier this year in a magazine as the "pin-up boy of the current bull run" and by another as "Pied Piper of Indian bourses". He is tagged by the media as 'India's Warren Buffett'.

Mr Jhunjhunwala stays at Malabar Hill and works from his office at Nariman Point in South Mumbai. He regularly appears on various business channels on television to share his ideas and opinions on the Indian markets. He is well known among the investing circles as 'Rocky' and among his close associates as 'Bhaiyya'. He considers Mr Radhakrishnan Damani as his guru (mentor) and best friend

Son of an income tax officer, he started dabbling in stocks while in Sydenham college and plunged into investing as a full time profession soon after completing his education. He started his career with $100 in 1985 when the BSE Sensex was at 150. He made his first big profit of Rs 0.5 million in 1986 when he sold 5,000 shares of Tata Tea at a price of Rs 143 which he had purchased for Rs 43 a share just 3 months prior. Between 1986 and 1989 he earned Rs 20-25 lakhs. His first major successful bet was iron ore mining company Sesa Goa. He bought 4 lakh shares of Sesa Goa in forward trading, worth Rs 1 crore and sold about 2-2.5 lakh shares at Rs 60-65 and another 1 lakh at Rs 150-175. The prices then went up to Rs 2200 and he sold some shares.

But he credits Madhu Dandavate's Union budget of 1990 as the inflection point for his investing career which quintupled his net worth. His privately owned stock trading firm Rare Enterprises, derives its name from the first two initials of his name and wife Rekha's name.

Under the guidance of Mr Radhakrishna Damani, he made a lot of money shorting stocks at the time of Harshad Mehta scam post 1992.

"My decision to aggressively invest in the asset class of Indian equities at the right time was a very important determinant of my success," said Rakesh Jhunjhunwala.

Jhunjhunwala's portfolio of stocks is tracked religiously. His latest stock portfolio is the subject of many debates and analysis. Like Warren Buffett, Jhunjhunwala is a long term investor, however he acknowledges that it was 'trading' income which helped him built his initial capital base and continues to remain an active trader as he believes it keeps one alert and always on your feet.

Mr. Jhunjhunwala is the Chairman of Aptech Limited and Hungama Digital Media Entertainment Pvt. Ltd and also sits on the Board of Directors of various Indian listed/ unlisted companies like Prime Focus Limited, Geojit Financial Services Limited, Bilcare Limited, Praj Industries Limited, Provogue India Limited, Concord Biotech Limited, Innovasynth Technologies (I) Limited, Mid Day Multimedia Limited, Nagarjuna Construction Company Limited, Viceroy Hotels Limited, CRISIL & Tops Security Limited

Investment Philosophy

Although he claims to put only a minuscule of his networth on the table for trading activity, he has often leveraged his own capital and managed to make a fortune from his calls, more often than not. His stock picking strategy is influenced by the lessons from Mr George Soros's trading strategies and Dr Marc Faber's analysis of economic history. He endorses the thumb rule of 'trend is my best friend'.

He is the poster boy of the Indian bull run but admits to have been a bear in the Harshad Mehta days and believes that a person in the market should be like a chameleon. He calls the markets as temples of capitalism and believes that they are the ultimate arbitrators.

Much like Mr Warren Buffet, he buys into the business model of a company and for judging the longevity and growth potential, he gives top priority to 'competitive ability', 'scalability' and 'management quality' of the enterprise. The 'entrepreneur', according to Mr Jhunjhunwala is what makes an invaluable difference to his expected investment returns. According to Mr Jhunjhunwala, believing in the vision and the beliefs of the entrepreneur and validating the risks that may not be perceived by the entrepreneur are the key success factors for an investor.

Mr Jhunjhunwala has managed to identify numerous multi-baggers in the past decade, notable being Karur Vysya Bank, Praj Industries, Crisil, Titan, Nagarjuna, HOEL and PSUs like BEML and Bharat Electronics, among others. The typical traits to look for while identifying potential multi-baggers, according to Mr Jhunjhunwala are - low institutional holding, under-researched and general pessimism about the stock.

A good time to sell a stock, according to Mr Jhunjhunwala, is not based on any 'price' targets, but when the 'earnings' expectations have peaked or the business model has peaked or the valuations appear ridiculously unreasonable.
 
 Holdings

His current holdings (that is, where he has more than 1% holdings) are spread across as many as 27 stocks, mostly mid-caps, and across sectors such as oil exploration, IT, hotels, pharma, entertainment, engineering, construction, retail and auto ancillaries. His investment in Titan Industries (TITAN.NS : 2898.2 -46.05) alone is worth over Rs 1,000 crore.

During the June quarter, he increased his holding in VIP Industries to 5.81% from 4.47% as compared to the previous quarter, according to CapitalLinePlus data. In the same period, he reduced his stake in Titan Industries to 8.58% from 8.62% and in Praj Industries to 7.73% from 7.83%.

Interestingly, there are hardly any cyclical or commodity stocks in his portfolio.

Jhunjhunwala prefers investing in a large amount in a small number of companies - which is against the usual investment style of diversifying across stocks. In fact, his top 5 picks - investments in companies such as Titan Industries, Lupin, Crisil, Nagarjuna Construction and Karur Vysya Bank - account for about 60% of his portfolio.

Going by his sizeable investments, you'd expect Jhunjhunwala to develop some kind of emotional attachment to the scrips he invests in. But that's not him. "I hold on to a stock because it will give me returns and not because I'm emotionally attached to it," insists Jhunjhunwala, who manages his own portfolio as a partner in his asset management firm, Rare Enterprises. And for all the intrigue and attention surrounding his trading activities, his investment philosophy remains simple: 'buy right and hold tight'. Jhunjhunwala admits to being a long-term investor, but clarifies that he's not an inveterate bull: "I have been a bear many times, including in 1992 when the market (Sensex (^BSESN : 18111.42 +62.57)) fell from 4,300 to 2,100 levels. Incidentally, this was the time Harshad Mehta, India's first bull, was at the helm of market affairs.

Like many big investors, he too made mistakes which he is candid about. "I was cautious and went short sometimes in the period between October 2007 and October 2008." In fact, he regrets not having sold as much as he should have in October 2007.

That said, Jhunjhunwala is very much bullish on the India growth story at the moment. Recently, in an interview to a news channel, he reiterated that the market will touch new highs by the end of this financial year. "He has an unshakable conviction in the India story. That's his greatness," says Shankar Sharma, vice chairman & joint MD of First Global, who has locked horns with Jhunjhunwala on several forums and panel discussions.

At 50, he may hold on to his convictions a little more tightly but that doesn't mean Jhunjhunwala frowns upon new ideas. "I read a lot and am constantly learning from others," he reveals. The walls of his office in Nariman Point - dotted with line drawings of legendary investors such as Warren Buffett, George Soros, John Templeton and Peter Lynch - in a way bears testimony to that. And though he has no role models as such, he admits to admiring George Soros because of the "kind of success he has achieved, his understanding of the markets and his charitable activities."

His investment style may bear some semblance to that of these gurus but a lot of top stock traders believe he is simply incomparable. "He is not a copy of anybody. He is Rakesh Jhunjhunwala," says Raamdeo Agrawal, co-founder and joint managing director at Motilal Oswal Financial Services. "He is intelligent, passionate and an independent thinker. Besides, he has the ability to take measured risks and leverage his portfolio, something very few investors can do successfully."

According to Parag Parikh, founder and chairman of PPFAS, an investment advisory firm, Jhunjhunwala differs from Buffett in some ways: "For example, unlike Buffett, he has made some money from trading and does track market movements actively." That said, as someone who has been an early bird in identifying good businesses like Crisil and Titan, Parikh says Jhunjhunwala's investment acumen is top-notch. And unlike his contemporary Harshad Mehta, Parikh says Jhunjhunwala is "Mr Clean who pays all his taxes."

But more than paying taxes, perhaps it's Jhunjhunwala's charitable activities that might endear him to many. Like Buffett and Soros, he plans to get more involved in philanthropy. "I believe that wealth is a gift from God and has to be used for the good of society. I hope to expand my charitable activities substantially in the next few years," he says, without revealing a definite time-frame or the exact amount he intends to spend.

 
 
Posted By: S Rahul
Source: Wikipedia And Yahoo Finance

Tuesday, August 17, 2010

SEBI asks brokers to return idle cash to investors


Concerned over brokers misusing the funds lying in investors' trading accounts, market watchdog SEBI has asked the brokerage entities to return the clients' un-utilised cash at the end of every month or quarter.

Although some brokers are resisting the move citing high costs associated with such frequent transfers of funds to and from the clients' accounts, the SEBI has also asked them to transfer within a day the funds withdrawn by the investors.

The Securities and Exchange Board of India (SEBI) has asked the stock exchanges to ensure compliance from their broking members and the bourses have in turn sought these regulations to be implemented by all the brokers in true spirit, a senior official at a leading brokerage said.

As per the SEBI directive, the brokers would need to settle the accounts of their clients at the end of every month or quarter, whatever is desired by the customer.

Pursuant to this, brokers would need to transfer the funds lying in a client's trading account to the attached bank account electronically, or through cheques if no internet banking account is attached.

Besides, the brokerage would also have to send out a monthly or quarterly statement of funds, as per the client's choice, so that the investor is well-versed with the status of cash or securities lying in the trading accounts and can get back to the broker in seven days if any discrepancy is found.

Generally, investors also tend to keep some cash, whether fresh or those from sale of shares, in their trading accounts for instant access to funds needed for future buy orders.

At the time of opening the trading accounts, brokers ask the investors to give them 'Running Account Authorisation', which makes the funds readily available for future buy orders.

However, there have been cases when the brokers use these funds for market dealings without the knowledge of the client and then return the funds back into accounts whenever the customer needs it. The new norms are mainly aimed at checking these kinds of fraudulent activities, sources said.

Besides, brokers generally take 2-3 days to transfer the funds withdrawn by the clients from their trading accounts. However, the SEBI has now made it mandatory to return of such funds within one working day or 24 hours.

Following the rap from SEBI and stock exchanges, the brokerages are now informing their respective customers about the changes in their "running account authorisation", giving them the option to get back the un-utilised funds at the end of every month or quarter.

The brokers would need to get these "running account authorisation" from their clients every year and the client would have a right to revoke such authorisation at any point. However, the brokers are allowed to retain the outstanding pay-in obligations of funds from the clients as on the date of settlement.



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Regards

Ankitha Singhvi

Source: Tax Guru

Requirement to mention the firm registration number allotted by ICAI in all reports issued, including certificates, by members of the ICAI


Announcement on – Requirement to mention the firm registration number allotted by ICAI in all reports issued, including certificates, by members of the ICAI – (16-08-2010).

Attention of the members is invited to the announcement regarding requirement relating to mentioning the firm registration number in the audit reports and resolution passed by the company for appointment of statutory auditors, published on page 1312 of the February 2010 issue of the Journal.

The Council of the Institute of Chartered Accountants of India, in terms of the decision taken at the 296th meeting held in June 2010 has decided to extend the requirement to mention the firm registration number to all reports issued pursuant to any attestation engagement, including certificates, issued by the members as proprietor of/ partner in the said firm. The requirement shall apply where such firm registration number has been allotted by the Institute of Chartered Accountants of India.

The Council further decided to make this requirement effective for all attestation reports/ certificates issued on or after 1st October, 2010.



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Regards
Ankitha Singhvi

Source: Tax Guru


Saturday, August 14, 2010

Criteria / Guidelines for selection of cases for Income tax Scrutiny for Assessment year 2010-11 or Financial Year 2009-2010

 
Guidelines for selection of cases for Scrutiny During 2010-11

1.       Selection of cases for scrutiny during the financial year 2010-11 will be done primarily through CASS this year. Manual Selection for scrutiny this year will be limited only to a few cases listed below.

2.       List of cases selected during each month in accordance with selection criteria mentioned below shall be submitted by the Assessing officers to their respective Range heads by the 15th of the following month and also displayed on the notice Board of their offices .

3.       These guidelines are meant only for the use of officers of the Income Tax Department .These are not to be disclosed even if a request is made under Right to Information Act, In view of the decision of the Central Information Commission in the case of Shri Kamal Vs Director (ITA-II), CBDT (order no CIC/AT/2007/00617 dated 21.02.2008)

Selection criteria Applicable to all return at all stations

a)      Value of International transaction as defined in 92B exceeds 15 Crore.

b)      Cases involving addition in an earlier assessment year in excess of Rs 10 lacs on a substantial and recurring question of law or fact which is confirmed in appeal or is pending before on appellate authority.

c)       Cases involving addition in an earlier assessment year on the issue of transfer pricing in excess of Rs 10 Lakh or more.

d)      Assessment in survey cases for the financial year in which survey was carried out. This criteria will not apply if all of the following conditions are fulfilled:

i.            There are no impounded books or documents.

ii.            There is no retraction of disclosure, if any, made during the survey.

iii.            Declared income, excluding any disclosure made during the survey, is not less than the declared income of the preceding year.

e)      Assessment in search & Seizure cases to be made under section 158B, 158BC, 158BD, 153A,  153C & 143(3) of the IT Act.

f)       Assessment Initiated under section 147/148 of the IT Act.

g)      Assessing officer may select any return for scrutiny after recording he reason and obtaining approval of the CCIT/DGIT. The cases under this category should be selected if, there are compelling reasons and the case is not selected through CASS. These cases should be watched by CCIT/CIT in respect of the quality of assessment.

(F.NO.225/93/2009/ITA.II)



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Regards
Ankitha Singhvi



Thursday, August 12, 2010

Soon Just one Application for Getting Trademark in more then one Countries

Rajya Sabha on Tuesday passed the Trademarks (amendment) Bill of 2009, which enables a person or an enterprise to seek registration of a trademark in any of the 84 member countries  of the Madrid Protocol through a single application. The amendment bill, which provides for a simplified trademark registration process, was passed by Lok Sabha in December last year. It facilitates Indian and foreign nationals to secure simultaneous protection of trademarks in other countries. At present, an applicant has to approach different countries in different languages with separate fee.
 
"The amendment has been done just to align with the international practice. An Indian firm wishing to register in other countries can do so by filing a single application and one time fee," said commerce minister Anand Sharma.



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Regards

Ankitha Singhvi